Sec. 16-12. Alcohol and drug free workplace.
It is the policy of the Town of St. John to provide a safe working environment for all Town employees. It is also the Town's policy to assist employees who have a problem with drug and alcohol abuse. Our goal is to eliminate the abuse, not to eliminate the abuser. Our goal is to help, not to apprehend.
(1) General policy. The following is the Town's policy concerning substance abuse, which will be enforced uniformly with respect to all employees, as indicated.
a. An employee is prohibited from working if he/she has been drinking alcohol and tests a BAC of two hundredths (0.02) or is under the influence of illegal drugs.
b. The use, sale, possession, transfer, or purchase of illegal drugs or controlled substances on or in the Town property or while on duty or performing the Town business is prohibited and will subject the employee to discipline, including termination.
c. Any employee who commits an unlawful act involving illegal drug, alcohol or controlled substances on or off the Town premises or whose conduct discredits the Town in any way will be subject to discipline, including termination.
d. No alcoholic beverage will be brought or consumed on the job site. Employees may be tested for post-accident and probable cause at the discretion of the Town. Anyone with a BAC of two hundredths (0.02) will be considered positive.
e. No prescription drug will be brought onto the Town premises by anyone other than the one for whom it is prescribed. Such drugs will be used only in the manner of combination and quantity prescribed.
f. As a continuing condition of employment, each employee agrees to abide by the terms of this policy. Employees shall notify the Town no later than two (2) days after any conviction in a court of competent jurisdiction involving alcohol, illegal drugs, or controlled substances. Before returning to work, the employee must pass a drug and alcohol test at his/her own expense. If the employee tests positive for alcohol or drugs, he/she will be immediately terminated.
(2) Purpose of the policy.
a. To establish and maintain a safe and healthful working environment for all employees.
b. To ensure the reputation of the Town and its employees within the community.
c. To reduce the number of accidental injuries to persons or property.
d. To reduce absenteeism, tardiness and improve productivity.
e. To provide rehabilitation information assistance for any employee who seeks such help.
f. To comply with the United States Drug-Free Workplace Act.
(3) Preemployment testing (safety sensitive and DOT). All applicants for positions with the Town, as well as former employees seeking to be reinstated/rehired, will be notified of the Town's drug and alcohol screening policy at the time they apply.
Applicants selected for employment may be required to submit to a physical and drug and alcohol testing to determine their ability to perform the duties of the position for which they have been selected. Such examinations shall be conducted prior to commencement of employment and shall be a condition for acceptance as an employee of the Town.
The prospective employee will be denied employment if he/she fails the physical, or drug and alcohol screening, or if employee refuses to submit to a physical, and a drug and alcohol screening.
(4) Reasonable suspicion testing. The Town of St. John will administer an alcohol/drug test when there are specific and objective reasons to believe that an employee's behavior is jeopardizing workplace safety. No test is to be performed until there is "cause" to believe that the employee is impaired. Proper documentation, preferably in writing by at least two town supervisors, is required. (The Town Manager and the Public Works General Foreman are trained to show cause. If they are unavailable to show cause, the supervisor who observes the impairment will use his/her best judgment to determine whether a test is necessary.)
An employee who tests positive for drugs and/or alcohol, or who refuses or fails to submit to a reasonable suspicion drug and alcohol test, will be subject to disciplinary action, up to and including termination.
(5) Post-accident testing. St. John will require a post-accident drug and alcohol test on any employee who is driving a Town owned vehicle or their personal vehicle on Town time. The employee must submit to a post-accident drug and alcohol test as soon as possible after an accident, whenever he/she receives a citation for a moving violation involving the accident, and either: (a) a person is injured because of the accident and the injuries require immediate medical treatment to the person away from the accident scene; or (b) one (1) or more motor vehicles involved in the accident incur disabling damage and must be transported away from the accident scene by a tow truck or another vehicle. (A supervisor on the scene can ask the employee to submit to drug and/or alcohol test if they believe the situation warrants one even if there is no personal injury or disabling vehicle damage.) Note: the police can also request that a test be done following an accident.
An employee who is required to take a post-accident drug and alcohol test will, at the Town's discretion, either be assigned to a position which does not require driving Town vehicles or placed on nondisciplinary suspension with pay while awaiting the post-accident test results.
An employee who tests positive for drugs and/or alcohol, or who refuses or fails to submit to a post-accident drug and alcohol test, will be subject to disciplinary action, up to and including termination.
If found under the influence of alcohol or drugs while on duty, the employee will be subject to disciplinary action, up to and including termination of employment with the Town.