All Town employees are prohibited from the following
activities:
A. Possessing or consuming any illegal drugs or controlled
substances while on duty.
B. Placing, carrying or allowing the placement of any
unauthorized alcoholic beverage, or any illegal drug or controlled
substance, in any Town vehicle or equipment.
C. Reporting to work under the influence of illegal drugs
or controlled substances.
D. Reporting to work under the influence of alcohol;
a blood alcohol concentration of 0.05% or greater shall be conclusive
evidence of a violation hereof, but shall not preclude other evidence
of being under the influence.
E. Being under the influence of alcohol and/or illegal
drugs or controlled substances while being paid to be on-call for
work.
F. Operating any Town vehicle, heavy equipment or potentially
dangerous machinery while under the influence of any illegal drugs
or controlled substances and/or while under the influence of alcohol.
G. Consuming any alcoholic beverages while on duty.
H. Selling or distributing, or arranging the sale or
distribution, of any illegal drug or controlled substance to any person
while on duty.
I. Operating any Town vehicle in violation of the Omnibus
Transportation Testing Act of 1991, as it may from time to time be
amended.
J. Refusing to submit to an alcohol and/or drug test
as required by this chapter and/or as required by any governing state
or federal law or regulation.
Any employee who engages in any of the activities prohibited by §
21-2 above shall be prohibited from operating any Town vehicle, heavy equipment or potentially dangerous machinery. Any such employee shall also be subject to disciplinary action up to and including dismissal.
All testing required by this chapter shall be
conducted in accordance with any governing state and/or federal laws
or regulations. In the absence of any such governing laws or regulations,
such testing shall be conducted in accordance with commonly recognized
procedures utilized by other governmental agencies and shall involve
balancing the employee's reasonable expectation of privacy and the
promotion of the Town's legitimate governmental interests.
An employee who refuses to submit to a drug
and/or alcohol test as defined by this chapter shall be an employee
who:
A. Fails to provide an adequate breath sample without
a valid medical explanation after the employee has received notice
of the requirement for breath testing.
B. Fails to provide an adequate urine sample for controlled
substances testing without a valid medical explanation after the employee
has received notice of the requirement for urine testing.
C. Fails to provide an adequate blood sample for testing
without valid medical explanation after the employee has received
notice of the requirement for blood testing.
D. Engages in conduct that clearly obstructs the testing
process, as mandated by this chapter.
Each employee whose random test indicates a
blood-alcohol concentration of greater than 0.02% but less than 0.05%
shall be prohibited from operating Town vehicles for a period of 24
hours. Such employee shall be disciplined as follows:
A. For the first occurrence, a suspension of eight hours.
B. For the second occurrence which occurs within five
years of the first occurrence, a suspension of 40 hours.
Each employee may contact the Town Manager for
further information about this chapter. The Town Manager shall maintain
a list of agencies that offer drug and/or alcohol counseling and/or
Alcoholics Anonymous meetings in Sussex County, Delaware.