§ 32.46 PROVISIONS.
   (A)   Before any applicant for employment is hired, he or she or she will be tested for the presence of illegal drugs. Applicant testing will be done as a regular part of pre-employment screening as a condition of the job offer. APPLICANTS include all regular full-time and part-time, all rehires unless reinstated within 30 days, and all temporaries who will be on the payroll. Should an applicant test positive on an initial test, a confirmatory test will be made on the same sample. If the confirmatory test is also positive, the applicant will be denied employment. An applicant who declines to submit to testing will be denied employment. Applicants who are denied employment because of a positive test may re-apply for employment and be retested after one year from time of initial rejection.
   (B)   Whenever testing is required under the policy, the town will, when possible, direct the applicant to submit a urine sample. If a urine test is not possible, then a blood sample will be required.
   (C)   At the town’s sole discretion, any employee who uses, sells, manufactures, participates in the distribution of, possesses, or is found to be under the influence of illegal drugs on town property or while on town business, or who uses, possesses or is found to be under the influence of alcohol on town property, is subject to disciplinary action up to and including termination of employment.
   (D)   (1)   In addition, at the town’s sole discretion, the town may provide any employee the option to voluntarily participate in an approved assistance or rehabilitation program. If such option is offered, any leave of absence will be consistent with the present policies and practices of the town.
      (2)   Any employee who voluntarily participates in an approved assistance or rehabilitation program will be fully responsible for his or her costs incurred in such treatment or related treatment if such costs are not covered through any group medical insurance in which the employee is enrolled.
   (E)   The town also reserves the right to make a search of the town’s premises and other town-owned property if a violation of this policy is suspected.
   (F)   Any employee who uses, sells, manufactures, participates in the distribution of, or possesses illegal drugs may be reported to the appropriate law enforcement agency which may result in criminal prosecution.
(Ord. 1996-4, passed 9-16-1996)