[HISTORY: Adopted by the Mayor and Council of the Town of Snow Hill 2-8-1994 as Ord. No. 1994-1. Amendments noted where applicable.]
One of the greatest problems facing society today is drug and alcohol abuse. The purpose of this chapter is to define the policy of the Town of Snow Hill regarding the use of drugs and alcohol in the workplace and to prescribe administrative procedures and remedies for enforcing these policies.
Employees of the Town of Snow Hill must report to work in a fit condition to perform their duties. No employee shall use or possess alcoholic beverages while on the job site. Employees, whether off-duty or on-duty, are strictly forbidden to use or possess illegal drugs or drug paraphernalia as defined under Article 27 of the Maryland Annotated Code. Illegal drug use also includes the use of nonprescription and prescription drugs when used without a prescription or used other than as prescribed by the manufacturer.
Before a drug or alcohol test is administered, employees and job applicants will be asked to sign a consent form authorizing the test and releasing the results of the test to the Town Manager.
All new applicants shall, as a condition of employment with the Town of Snow Hill, sign a consent to a drug or alcohol test.
All persons employed by the Town of Snow Hill shall be subject to drug or alcohol testing if there is reasonable suspicion that the employee has been using drugs or alcohol on the job site or reports to work in an unfit condition which appears either drug or alcohol related. If reasonable suspicion exists, the Town Manager may immediately order that the employee be tested for the presence of drugs or alcohol.
"Reasonable suspicion" means a belief based on specific facts and reasonable inferences drawn from those facts that an employee is under the influence of drugs or alcohol. The Town Manager shall document, in writing, the specific facts, symptoms or observations which favor the basis for the determination that reasonable suspicion exists to warrant the testing of an employee.
An employee tested for reasonable suspicion shall be suspended with pay for forty-eight (48) hours after the test to allow for the receipt of the test results.
Any applicant for employment with the Town of Snow Hill shall be subject to a drug or alcohol test at the discretion of the Town Manager without reasonable suspicion.
Any employee tested for drugs shall receive a copy of the laboratory test results within thirty (30) days after the test was performed. The results shall be delivered either in person or by certified mail. A copy shall be placed in the employee's personnel record.
An employee charged with a drug or alcohol related crime occurring in or out of the workplace shall report such charge to the Town Manager, in writing, no less than five (5) days after such charges are brought.
All employees who are convicted of a drug or alcohol related crime occurring in or out of the workplace shall report such conviction to the Town Manager, in writing, no less than five days after such conviction.
In the event that an employee is convicted of a drug or alcohol related crime, the town shall notify the federal agency that provides grant funds to the town that an employee has been convicted of a drug or alcohol related crime within ten (10) calendar days of receipt of notice from the employee of such conviction or actual notice by other means.
The Town of Snow Hill shall sponsor a drug awareness program that complies with the Federal Drug-Free Workplace Act, 41 U.S.C. § 701 et seq., to inform of the potential danger of drugs and alcohol and to explain to them these rules and regulations.
Employees who voluntarily seek assistance for a drug or alcohol abuse problem will not be terminated if that assistance is sought prior to action being taken under this chapter. If, however, the employee continues to use illegal drugs or abuse alcohol in such a manner that it affects the employee's job performance, he shall be subject to the penalties imposed in § 14-8 of this chapter.
Any employee who fails to consent to a test upon a finding of reasonable suspicion shall be terminated from employment with the Town of Snow Hill and shall not be subject to rehiring by the town.
Any applicant who fails to sign the consent to drug or alcohol testing or who, at the request of the Town Manager, refused to be tested shall not be considered for employment with the town and shall not be eligible to apply for any other position with the town for eighteen (18) months.
Any employee who fails to report a charge or conviction under § 14-5 of this chapter shall be subject to immediate termination from employment with the Town of Snow Hill and shall not be subject to rehiring by the town.
Upon a written finding by the Town Manager that an employee is in violation of § 14-2 of this chapter, the employee shall be subject to the following:
Upon the first such finding, the employee is subject to immediate dismissal.
If, however, the Town Manager determines that the employee may be amenable to treatment, the Town Manager shall order the employee to seek drug or alcohol treatment at the employee's own expense in a program approved by the Town Manager and a federal, state or local health, law enforcement or other appropriate agency.
If an employee fails to successfully complete the drug treatment program as ordered or sustains a second finding of a violation under § 14-2 of this chapter after successfully completing the drug or alcohol treatment program, the employee shall be immediately dismissed and shall not be subject to rehiring by the town.
Any person convicted of a drug or alcohol related crime shall be subject to the following:
For a nonfelony drug conviction, the employee shall be subject to the same penalty as outlined in § 14-8D above.
For a felony drug conviction, the employee shall be immediately terminated.
For a first-time alcohol related crime, the employee shall be subject to a three-to-five-day suspension.
For a subsequent alcohol related crime, the employee shall be subject to immediate termination.
The town shall publish a policy statement which shall notify employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the town's workplace. The policy statement shall include as an appendix a copy of this Chapter 14, Drug- and Alcohol-Free Workplace.
The town shall provide a copy of the policy statement to each employee who is engaged in the performance of the grant. The statement shall notify the employee that as a condition of employment under the grant, the employee will:
The Town Manager is subject to the requirements of this chapter. He shall report charges and convictions to the Mayor and Council, and with regard to the Town Manager, the Mayor and Council shall function in place of the Town Manager under this chapter.