Employees of Chesapeake Beach, Maryland who hold the position of lifeguard or golf cart driver at the Chesapeake Beach Waterpark, whether on a full-time or part-time basis, or any employee who could be required to fulfill the role of either of those positions on a temporary or emergency basis, are subject to being tested for drugs and alcohol pursuant to the provisions of this Part
11. The Manager of the Chesapeake Beach Waterpark, under the supervision and direction of the Mayor, shall be required to administer the provisions of this Part
11. Whenever the term "Manager" is employed by this Part
11, the term shall be deemed to include any Assistant Managers or Acting Managers designated by the Manager. Employees subject to drug testing under this Part
11 are subject to both suspicion-based and random drug and alcohol testing as a condition of employment.
All applicants for employment at the Chesapeake Beach Waterpark shall be given written notice with the application form that drug and alcohol testing is a condition of continued employment for the lifeguard and golf cart driver positions. Nothing in this Part
11 shall require the testing of employees prior to employment or shall require the Manager or other Town personnel to request information from applicants about the specifics of their past or current medical conditions. The Manager of the Waterpark is authorized to ask, on the application, if there is any physical or mental condition which would prevent the applicant from fulfilling the tasks of the position for which applicant is applying, so long as a description of those tasks is provided and the form requires only a "yes" or "no" answer, without inquiring as to the reason for such answer.
In addition to the condition of employment described in §
50-139, employees subject to drug and alcohol testing under this Part
11 are obligated to sign a written statement giving their consent to be subjected to suspicion-based and random drug and alcohol testing. The execution of a written consent form shall also be a condition of employment. The written consent form shall refer to this Part
11 and a copy of this Part
11 shall be provided to the employee at the time a conditional offer of employment is made. If the employee is under 18 years of age on the first day of employment, such consent form must be signed by both of the parents or legal guardians of the employee (hereinafter the "legal guardians"), unless a copy of a judicial decree awarding one parent legal custody is provided and is attached to a consent form signed by the person named in that order as having legal custody. The consent form shall inform the legal guardians that the test results shall be confidential, although the results may be disclosed to the legal guardians. Upon the employee or employee's legal guardians signing the written consent, the consent shall be kept in the employee file of each employee.
Any employee subject to drug and alcohol testing pursuant to §
50-139 who refuses, or if employee is under 18 years of age, one or both of whose legal guardians refuses, to be tested upon being selected for a drug and alcohol test pursuant to this Part
11 shall be disqualified from continued employment by the Town in the position of lifeguard or golf cart driver. Such an employee may be employed by the Town in a different position only at the sole and absolute discretion of the Manager of the Waterpark. Nothing in this Part
11 shall be construed as imposing an obligation on the Town or the Manager to employ such a person in a different position. Any employee who refuses to be tested upon being selected for drug and alcohol testing shall be informed by the Manager of the provisions of this section.
All specimens used in the drug and alcohol testing program shall
be tested by a laboratory that holds a permit or is certified to conduct
such tests pursuant to the Health-General Article, § 17-214,
of the Annotated Code of Maryland, as amended.
Any employee subject to drug and alcohol testing pursuant to this Part
11 who has tested positive for a screened drug or alcohol shall be disqualified from continued employment by the Town in the position of lifeguard or golf cart driver. Such an employee may be employed by the Town in a different position only at the sole and absolute discretion of the Manager of the Waterpark. Nothing in this Part
11 shall be construed as imposing an obligation on the Town or the Manager to employ such a person in a different position. An employee shall be entitled to be reinstated in the position of lifeguard or golf cart driver only if, upon an election to obtain independent testing of the sample pursuant to §
50-150, the independent test is negative for a screened drug or alcohol.
Upon receiving notice of a positive test result after being tested pursuant to this Part
11, the employee may request independent testing of the same specimen for verification of the test results by a laboratory that either holds a permit under Health-General Article, § 17-214, of the Annotated Code of Maryland, or, if out of the State of Maryland, is certified or otherwise approved under Health-General Article, § 17-204, of the Annotated Code of Maryland. The cost of an independent test conducted pursuant to this section shall be paid by the employee.
All test results shall remain confidential and shall be disclosed only to the employee tested, the Manager of the Waterpark, the Mayor, the Town Attorney, the parents or legal guardians of employees under 18 years of age, and those persons authorized in writing by the employee to receive such results. The Town shall not disclose the results, or the fact that the Town has the results of drug and alcohol testing, to any other governmental or law enforcement agency. The results of the testing shall be kept by the Manager in a secured file separate from the employee's personnel file. The results of the testing shall not be used for any purpose other than the evaluation of the employment status of the employee, as provided for by this Part
11.
Nothing in this Part
11 shall affect the authority of the Town, acting through the Mayor or the Manager of the Waterpark, to terminate the employment of any employee, including those covered by the provisions of this Part
11, for any cause, or without cause, and all such employees remain employees-at-will. Nothing in this Part
11 shall prohibit the termination, reassignment, disciplining, or reprimanding of any employee for any cause, including the suspicion of drug or alcohol use while performing the employee's duties.