(A) Town employees are subject to substance screening if there is a reasonable suspicion that while on duty that they are impaired. IMPAIRMENT is defined as being unable to perform their duties safely and completely due to the use of alcohol and/or controlled substances. REASONABLE SUSPICION is a belief based on objective facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol so that the employee’s ability to perform the functions of the job is impaired, or so the employee’s ability to perform his or her job safely is reduced.
(B) Observations which constitute a factual basis for determining reasonable suspicion may include, but are not limited to, the following:
(1) Odor of alcoholic beverage upon the employee’s breath;
(2) Erratic behavior;
(3) Violent mood swings;
(4) Excessive absenteeism;
(5) Repeated tardiness;
(6) Inability to walk a straight line;
(7) Open and obvious possession of alcohol and/or illegal controlled substances;
(8) Slurred speech; and/or
(9) An accident which is caused by the apparent action, or inaction, of the employee under circumstances giving rise to a reasonable inference that the accident was caused, or was a result of, the use of alcohol and/or illegal controlled substances.
(C) A supervisor who has reasonable suspicion that an employee is impaired by alcohol or other illegal controlled substances on the job will, with the approval of the department head, immediately arrange for a substance screening through the Town Hall personnel. If such a screening is required after normal business hours, the supervisor will make direct contact with the medical facility that has been designated to perform such screening for the town. Employees who are scheduled for a substance screening must be transported to the designated medical facility by the employee’s first line supervisor and/or department head. The testing for substances will be made on a sample provided at the clinic. The procedures for such sample collection and testing will be made based upon the medically accepted procedures developed by the chosen medical facility and, in order to ensure results of tests, no less than a highly sensitive methodology shall be utilized. Such testing shall be based on medically acceptable testing procedures, and shall include, but not necessarily be limited primarily to, tests utilizing enzyme amino acid techniques followed up by more specific confirmation testing, such as gas chromatography (GC) or gas chromatography/mass spectrophotometer (GCMS), or other highly sophisticated methods which are accepted by the medical facility and/or by the courts. After the sample is given as outlined above, the supervisor will see to it that the employee is safely transported home. In addition for alcohol testing, the facilities at the County Sheriff’s Department and the use of the Department’s Intoxilizer 5000 shall be a sufficient determination for blood alcohol content; provided statutorily approved procedures are followed.
(D) At the testing as outlined above, if the sample provides a negative result the conclusion will be that the sample contains no alcohol and/or a controlled substance. However, if the first screen shows a positive result, and a second screen using a more sophisticated testing technique shows a positive result, then the employee will be assumed to be under the influence of alcohol and/or illegal controlled substances. An employee whose test shows a positive result will have 24 hours after receiving notification of the positive result to provide a bona fide and verified current valid prescription which may have caused the positive result. The prescription must be in the employee’s name. The discipline for being under the influence of alcohol and/or non-prescribed controlled substances will be the basis for appropriate employee sanctions, including the sanction of termination. Such determination will be made on the basis of the employee’s prior work related history, previous disciplinary actions, and any prior identification of substance abuse problems. An employee who receives a positive result in substance abuse screening will receive, at a minimum, a three-day suspension without pay. Employees who refuse to submit to a substance screen when reasonable suspicion of substance abuse has been identified will be disciplined as outlined above. In addition to the disciplinary procedures as outlined above, and if an employee substance abuse problem has been identified, the supervisor and/or department head will immediately refer the employee to Community Mental Health Center for evaluation and treatment as recommended. Based on the determination of the designated personnel, to be designated by the Town Council, the employee may be required to undergo a drug/alcohol evaluation and treatment program as a condition of continued employment.
(Prior Code, § X.1)