(A) When an employee is acting in an abnormal manner and the town has “reasonable suspicion” to believe that the employee is under the influence of controlled substances and/or alcohol, the town will require the employee to go to a medical clinic to provide a urine specimen for laboratory testing and/or to take an alcohol breath test (hereinafter referred to as “EBT”) at Town Hall or at a designated medical clinic.
(B) REASONABLE SUSPICION means suspicion based upon specific personal observations that the town representatives can describe concerning the appearance, behavior, speech or breath odor of the employee, where the odor is detected in addition to appearance, behavior or speech. Suspicion is not reasonable, and thus not a basis for testing, if it is based solely upon the observations and reports of third parties. The grounds for reasonable suspicion must be documented by the employee’s supervisor.
(C) When an employee is requested to submit to drug and/or alcohol testing, he or she shall be informed in the presence of the supervisor that he or she is being asked to submit to the test. The employee shall be informed that refusal to submit to testing will constitute a presumption of intoxication and subject the employee to immediate discharge. If the employee refuses to submit to the test, this refusal shall be in writing.
(D) If the employee consents to the testing, he or she shall sign a consent form authorizing the collection of a specimen of urine and/or the conduct of an EBT test and a release of the results of the laboratory testing and/or EBT test to the town. This release shall be provided by the laboratory or clinic involved who shall retain a copy of same.
(E) Prior to the actual drug testing, the employee will be examined by a medical doctor at the designated hospital, laboratory and/or clinic if there is one available at that location. This examination will be made to determine whether the conduct or behavior observed may have been caused by a reason other than the possible influence of drugs and/or alcohol. If the medical doctor decides that the conduct or behavior observed by the supervisor is for a reason other than possible influence of drugs and/or alcohol, no test will be given and the employee will be returned to work without loss of pay, provided the medical doctor releases the employee to return to work. Such release must be in writing. If no doctor is reasonably available, the test shall be under the conditions set forth below.
(F) If an employee intentionally interferes with his or her drug test by providing an adulterated sample, or seeking to substitute clean urine for his or her own urine, or engages in similar tactics, the employee will be immediately discharged.
(Ord. 1-2004, passed 2-9-2004)