[HISTORY: Adopted by the Board of Trustees of the Village of Florida 8-13-2002 by L.L. No. 4-2002. Amendments noted where applicable.]
A. 
All Village employees are strongly encouraged to learn more about the problems of substance abuse, including the serious threat it poses to health and safety; the dangers of substance abuse in the workplace; how to spot the signs of dependency and abuse and the professional services that are available to help deal with the problems of dependency and abuse.
B. 
The Village will try to assist this process by providing information on these topics, including information about community agencies, clinics and hospitals that provide education, counseling, rehabilitation and other services to assist persons who have substance abuse problems. The Village may also schedule educational presentations from time to time, which employees at the various locations will be invited or required to attend.
C. 
The Village will train supervisory and other personnel on topics including:
(1) 
Alcohol and drug abuse recognition, symptoms and effects.
(2) 
Methods of identifying employees who may be under the influence of alcohol and/or drugs.
(3) 
Safety aspects of alcohol and drug problems in work and social environments.
D. 
Employees who have suggestions for improving our drug-free awareness program or who want further information about these issues should see the Mayor.
A. 
One of the Village's primary objectives is to provide a safe, healthful and productive working environment for all of our employees. This means that all employees must be in suitable mental and physical condition at all times while working for the Village. Our work environment and our employees must be completely free of substance abuse and its harmful and dangerous effects.
B. 
The Village is establishing this policy in order to comply with drug-free workplace requirements imposed on us by federal contract regulations. All Village employees are on notice that they must strictly comply with the rules set forth in this policy.
C. 
If an employee has a substance abuse problem which could put him or her in conflict with these policies or any other Village rules, the employee must do whatever is necessary to resolve the problem. The Village would prefer not to dictate employees' private lifestyle choices, but we cannot permit anyone's involvement with drugs or alcohol to affect our other employees, our residents or the Village's legal standing with the federal government.
D. 
The Village recognizes substance dependency as a health problem and will provide information about this issue in an effort to help employees to avoid this problem or seek professional treatment if needed. However, it is the responsibility of the individual employee to obtain whatever assistance may be needed to control a substance abuse problem and keep drugs and alcohol out of the work environment.
E. 
Any questions about this policy should be referred to the Mayor.
A. 
Any unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or other illegal drug in the workplace or while on Village business away from the workplace is strictly prohibited.
B. 
If any employee is convicted under a criminal drug statute (including a plea of nolo contendere) for a violation that occurred in the workplace or while on Village business away from the workplace, the employee must notify the Village no later than five days after the conviction. The notification must be given in writing to the Mayor.
C. 
Any consumption, possession or use of alcoholic beverages in the workplace or while on Village business away from the workplace is prohibited.
D. 
Reporting to work or working under the influence of a controlled substance, illegal drug or alcohol is prohibited.
E. 
Reporting to work with a controlled substance in the employee's system is prohibited.
F. 
All employees agree to comply with these rules as a condition of their continued employment in such programs. Any violation of these rules will be dealt with by disciplinary measures or required participation in a substance abuse rehabilitation program or discharge from employment.
The Village of Florida hereby establishes a mandatory drug and alcohol testing program. This policy shall apply to all employees of the Village and to all persons applying for employment positions with the Village. Testing shall include breath alcohol and urine testing. Testing samples shall be analyzed for at least the following substances: alcohol, marijuana (THC metabolite), cocaine, amphetamines, opiates (including heroin) and phenyencyclidine (PCP). All such testing shall be conducted in accordance with the provisions of this policy.
A. 
Preemployment testing. All applicants for employment positions with the Village shall be tested for alcohol and drugs prior to commencing employment. A driver applicant testing positive for alcohol or drugs will not be considered for employment.
B. 
Random testing. Each year the Village shall use a random process based upon social security numbers to select at least 50% of its employees who shall be tested for the use of controlled substances. This shall be administered by a third party. Additionally, at least 25% of Village employees shall be randomly tested for alcohol use in the first year of this policy. The annual alcohol testing rate in future years shall be based upon the percentage of violations (defined as alcohol tests 0.04% or greater and refusals to test) in the preceding year, such rate to be either 10%, 25% or 50%. Employees selected on a random basis for drug abuse testing shall be required to supply a urine sample. Employees selected on a random basis for alcohol testing shall be required to undergo breath alcohol testing. Notification of random testing will be given to employees immediately prior to the testing; should an employee not be present at the time he or she is selected, notification will be given to the employee upon his or her return to the workplace.
C. 
Reasonable suspicion testing. Reasonable suspicion testing shall be conducted when a trained supervisor observes behavior or appearance of an employee subject to this policy which is characteristic of drug or alcohol misuse.
D. 
Mandatory post-accident testing. Employees shall be subject to drug and alcohol testing as soon as is practicable after a Village-owned vehicular accident. For purposes of this subsection, an accident is defined as: a collision involving either a fatality; bodily injury to any person which requires that person to be transported from the collision scene for medical treatment; damage to any vehicle which requires that vehicle to be towed from the scene; or the driver's receipt of a citation for a moving violation of state or local law arising from the collision. In no case shall an alcohol test required under this subsection be conducted later than eight hours after the collision, nor shall a drug test required under this subsection be conducted later than 32 hours after the collision. No driver subject to testing under this subsection shall consume alcohol from the time of the incident until such time as the tests required have been conducted. If, as a consequence of a collision, a Village driver is seriously injured and cannot provide a specimen at the time of the collision as set forth above, the employee must provide the necessary authorization to the Village to obtain hospital records and other documents which would indicate whether there were any prohibited substances or alcohol in the employee's system at the time of the collision and/or post-collision testing.
E. 
Follow-up testing. Any Village employee who has returned to duty after a positive alcohol or drug test shall be subject to unannounced follow-up drug and alcohol testing for a period of up to 60 months following the employee's return to duty. A minimum of six unannounced follow-up tests must be conducted in the first 12 months after the employee returns to duty, and the Mayor or designee may require unannounced follow-up tests continuing for a period up to 60 months following the employee's return to duty.
F. 
Return-to-duty testing. Should the Village offer an employee reemployment or a return to duty after the employee has been referred to an alcohol and/or substance abuse professional for treatment and the employee has participated in all recommended treatment, the employee shall be tested for alcohol and prohibited substances prior to being returned to duty and, to be eligible to return to duty and employment, the employee must test negative for both alcohol and prohibited substances.
Employees shall appear at the proper facility and submit for testing required under this policy within two hours after being notified that they are obligated to submit for such random, reasonable suspicion, post-accident, follow-up or return-to-duty testing.
A. 
Refusal by an employee to submit to drug and alcohol testing required under this policy shall subject the employee to discipline up to and including discharge, at the discretion of the Mayor.
B. 
Refusal by an employee to submit to testing required under this policy shall be deemed to include any act or omission which prevents, thwarts or frustrates the objectives of this policy, including but not limited to the following: refusal to submit in timely fashion to testing as required under this policy; refusal or failure by the employee to complete, sign or initial the required breath alcohol testing form; refusal or failure without good cause to provide breath; refusal or failure without good cause to provide an adequate amount of breath to allow proper testing; and/or failure or refusal to otherwise cooperate with the testing process in a way which prevents the completion of the test.
A. 
Should an employee's behavior or appearance suggest to his or her supervisor misuse of alcohol or prohibited substances and a test cannot be administered immediately, the employee shall be removed from performing safety-sensitive duties for at least eight hours.
B. 
Employees who have an alcohol concentration (defined as 0.02% or greater) in their breath when tested just before, during or after performing safety-sensitive functions shall be removed from performing such duties for eight hours or until another breath test is administered and the result is less than 0.02%.
C. 
Should an employee's test results be positive for alcohol and/or drugs, the employee shall not engage in the following activities until such time as the employee submits to another test which indicates the absence of alcohol and prohibited substances in the employee's system: operate commercial vehicles, load or unload commercial vehicles, ride in a commercial vehicle, repair a commercial vehicle, or direct traffic.
The Mayor shall notify the Village employees and applicants of the results of tests conducted pursuant to this policy. Those persons testing positive for alcohol and/or prohibited substances shall also be advised specifically as to what drugs or amount of alcohol was or were discovered present in their system in the testing.
Whenever an employee subject to this policy receives a prescription, a form should be completed by the employee's attending or prescribing physician and provided to the employee stating whether or not the prescribed medication will affect the individual's driving ability and whether the prescribed medication would appear or be reflected on a drug test.
An employee whose results of drug and alcohol testing under this policy establish existence in the employee's body system of 0.04% alcohol content or of a prohibited drug or substance shall be deemed to have violated the Village policy regarding alcohol and drug abuse. Upon the first such positive test result, an employee shall be referred to mandatory alcohol and/or drug rehabilitation treatment. An employee who participates as required in such treatment program and who successfully completes follow-up or return-to-duty testing shall be returned to employment without further discipline. An employee who refuses or fails to participate as required in referred rehabilitation treatment shall be subject to further discipline, up to and including discharge, and shall not be returned to duty. Any further instance of positive test results of alcohol and/or prohibited substances as defined above or an employee's failure to submit to testing as defined above shall subject the employee to discipline, up to and including discharge.
A. 
All records relating to administration and results of the Village alcohol and drug testing program shall be maintained by the Village for a minimum of five years.
B. 
The Village shall retain a medical review officer, who shall be a licensed doctor of medicine or osteopathy with knowledge of drug abuse disorders, to interpret results of alcohol and drug testing.
C. 
The Mayor shall be the sole custodian of individual test results and shall retain reports of test results for a minimum of five years.
D. 
The Mayor shall retain in the employee's personnel file information indicating only the following: that the employee submitted to a drug and/or alcohol test; the date of such test; the location of such test; the identity of the person or entity performing the test; and whether the test finding was "positive" or "sub-negative."
E. 
The Mayor shall also maintain, on a calendar year, summary of the records related to the administration and results of the testing program for the Village's employees.
No person may obtain the individual test results retained by the Mayor and no results shall be released to any person or entity without first receiving written authorization from the tested individual unless otherwise required by law.