(A) The town shall conduct random and post-accident drug and alcohol testing on all officers and employees.
(B) Such tests shall be conducted consistently with the requirements of the provisions of this section.
(1) Post-accident testing.
(a) Post-accident testing shall occur only when an employee, officer or department head is operating a town owned vehicle during that person’s normal work hours or during a period in which that person is receiving overtime compensation.
(b) 1. Post-accident testing shall be conducted only after an “accident” which meets the definitions established by the D.O.T. and the Federal Highway Town Council.
2. Under those provisions, an “accident” drug and alcohol testing is defined as follows:
a. The accident involved a fatality;
b. The driver eligible for post-accident drug and alcohol testing received a citation under state or local law for a moving traffic violation arising from the accident;
c. A driver or occupant of any vehicle involved received an injury requiring treatment at an emergency medical facility away from the scene; or
d. A vehicle involved in the accident was required to be towed from the scene (or as a result of its damage received it was not in a condition for legal operation).
(c) This post-accident drug and alcohol testing shall be done as soon as practicable following an accident.
(2) Random alcohol testing. Random alcohol testing will be conducted on all employees. The employee will be randomly selected for testing from the pool of all employees. The testing dates and times will be unannounced and set with unpredictable frequency throughout the year. An employee who is absent on the day he or she is randomly selected for testing will be tested on the day he or she next returns to work. Likewise, an employee who reports to work and then requests leave time for illness or otherwise on that date will be immediately tested upon his or her return from leave. The first year, the number of random tests conducted by the town will equal 100% of all employees at any time after policy implementation. This percentage may change in future years. An employee who provides a sample that is diluted, contaminated or otherwise untestable will be subject to immediate re-test and/or discipline in the discretion of the medical review officer and the employee’s supervisor.
(3) Random drug testing.
(a) Random drug testing will be conducted on all employees. These tests will be unannounced. The total number conducted the first year will equal 100% of all employees at any time after policy implementation. This percentage may change in future years. Some employees may be tested more than one time each year, some may not be tested at all depending upon the random selection. An employee who is absent on the day he or she is randomly selected for testing will be tested on the day he or she next returns to work. Likewise, an employee who reports to work and then requests leave time for illness or otherwise on that date will be immediately tested upon his or her return from leave. An employee who provides a sample that is diluted, contaminated or otherwise untestable will be subject to immediate re-test and/or discipline in the discretion of the medical review officer and the employee’s supervisor. 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)