[HISTORY: Adopted by the Board of Trustees of the Village of Lake George 2-8-2010 by L.L. No. 2-2010. Amendments noted where applicable.]
The Village of Lake George is committed to join other government entities and agencies to win the battle against substance abuse. The Village Board specifically finds that the workplace is not immune to the influence of substance abuse, and workers' safety, health and efficiency are affected. To combat the presence of substance abuse and alcohol abuse in the workplace, the Village Board of Trustees has adopted this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- Any incident reportable to an insurance carrier, including workmans' compensation, liability, collision, etc.
- CONTROLLED SUBSTANCES
- Shall have the definitions as specifically set forth under New York State Law.
- Includes any location owned, operated or controlled by the Village of Lake George, whether the employee is on or off duty. Also at any other locations while on duty where Village business is conducted, including traveling on Village time to and from such work location.
- A. The above includes members of the Volunteer Fire Department during a firematic activity or other event at the discretion of the officer in charge.
All Village employees and/or members of the Lake George Volunteer Fire Department must be given notification in writing to the Lake George Village Clerk within five calendar days of any conviction for violation of a federal or state criminal substance abuse statute. A conviction is defined as a finding of guilt, including an Alford plea, and/or the imposition of a sentence by a judge or jury in any federal or state court. Any such person convicted or who fails to report such a conviction is subject to discipline, up to and including termination.
Any Village employee and/or member of the Lake George Volunteer Fire Department who operates a Village of Lake George owned/leased motor vehicle is prohibited to operate same while having a blood alcohol concentration of 0.02% or greater as indicated by alcohol breath test.
Refusing to submit to an alcohol test or using alcohol within eight hours after an accident or an accident involving a Village-owned/leased motor vehicle is prohibited. Any such person who violates this provision shall be subject to discipline, suspension or other action including termination.
Any Village employee and/or member of the Lake George Volunteer Fire Department who is convicted for a violation of any federal or state criminal substance abuse statute, or is convicted of any violation of § 1192 of the New York State Vehicle and Traffic Law, or who has been found to have operated a vehicle owned/leased by the Village of Lake George while having a blood alcohol concentration of 0.02% or greater, shall be subject to random testing to be conducted at the request and expense of the Village of Lake George. Testing shall not be announced in advance and shall be conducted with unpredictable frequency throughout the year. The Village of Lake George shall have the option of choosing any licensed or certified agency that holds itself out as a testing agency for either alcohol or substance use/abuse.
Lake George Village employees and members of the Lake George Volunteer Fire Department who have substance abuse and/or alcohol problems are encouraged to participate in a rehabilitation program. Information regarding available rehabilitation programs shall be made available by the Lake George Village Clerk. Federal law requires an employer to take action within 30 calendar days of receiving notice of a workplace drug conviction to impose discipline upon and/or to require satisfactory participation in a substance abuse rehabilitation program by the convicted employee. By extension, the Village of Lake George extends this provision to any employee and/or member of the Lake George Volunteer Fire Department who is convicted of any violation of New York State Vehicle and Traffic Law § 1192.
Any member of the Lake George Volunteer Fire Department who has been convicted for a violation of any federal or state criminal substance abuse statute, or convicted of any violation of § 1192 of the New York State Vehicle and Traffic Law within the past 10 years, shall be prohibited from operating any piece of fire apparatus.
In addition to any penalty contained in any other provision of law, any person who shall violate any of the provisions of this chapter may be fined, suspended or removed from office, employment, or the Volunteer Fire Department, as the case may be, in the manner provided by law.
This chapter shall take effect immediately upon the filing of this chapter with the Secretary of State of the State of New York.