Town of Tolland, CT Health and Safety

The Town of Tolland strives to provide a safe, nonviolent workplace and does not tolerate any acts that constitute or may be construed as any type of violence in the workplace.

Participating in, provoking, or otherwise contributing to any violent act in the workplace, including, but not limited to, abuse, assault, battery, property damage, threats and/or harassment will result in disciplinary action up to and including arrest and discharge. Any violent act, implied or actual, and/or threatening is strictly prohibited. The Town of Tolland maintains a zero-tolerance policy on violence in the workplace.

Possession, use, or threat of use, of a deadly weapon and/or dangerous instrument, as defined by the State of Connecticut Penal Code, Section 53a-3, by a Town employee, is not permitted at work, or while on duty on Town property, including a Town vehicle, or in a private vehicle when the vehicle is being used for Town business, or if the private vehicle is parked on Town property while the employee is on duty, unless such possession or use of a deadly weapon and/or dangerous instrument is a necessary and approved requirement of the job, or as authorized by the Town Manager in an emergency situation.

It is the shared obligation of all employees, law enforcement agencies, and employee organizations, individually and jointly, to act, to prevent, or defuse, actual or implied violent behavior in the workplace. The Town will work with law enforcement agencies to aid in the prosecution of anyone who commits violent acts against employees or their property.

No employee, acting in good faith, who reports real or implied violent behavior, will be subject to retaliation or harassment based upon such report.

State of Connecticut Penal Code Section 53a-3 definitions:

(1)

"Deadly weapon" means any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles.

(2)

"Dangerous instrument" means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury, and includes a "vehicle" as that term is defined in this section and includes a dog that has been commanded to attack, except a dog owned by a law enforcement agency of the state or any political subdivision thereof or of the federal government when such dog is in the performance of its duties under the direct supervision, care and control of an assigned law enforcement officer.

(3)

"Vehicle" means a "motor vehicle" as defined in section 14-1,[1] a snowmobile, any aircraft, or any vessel equipped for propulsion by mechanical means or sail.

[1]

Editor's Note: See C.G.S.A. § 14-1.

Introduction. The Town of Tolland ("the Town") believes that it is the responsibility of management to provide a safe work environment for all employees and others in our workplace which is free from the effects of substance abuse or abusers. Similarly, it is the responsibility of employees to maintain their personal health so that they are physically and mentally capable of performing in the workplace. The abuse of drugs or alcohol is an unsafe and counterproductive practice and will not be tolerated.

Requirements.

(1)

No employees may use, consume, sell, manufacture, receive, distribute, dispense, possess or be under the influence of alcohol, recreational marijuana or any illegal drug, or abuse prescription or over-the-counter drugs, at the time they report to work for the Town; during work hours at any location when performing/expected to be performing their duties; and/or at any time while at the Town's workplace (which includes any building, property, parking area or vehicles under the control of the Town or any area used while performing duties for the Town), while representing the Town and/or performing the Town's business. No employees may use, consume, sell, manufacture, receive, distribute, dispense, possess or be under the influence of alcohol, recreational marijuana or any illegal drug, or abuse prescription or over-the-counter drugs, while outside the workplace and/or off duty where such behavior adversely affects the Town's business interests, or undermines the public confidence in or harms the reputation of the Town, or impacts work performance, the ability to fulfill Town responsibilities and/or anyone's safety on the job.

(2)

The appropriate, legal use of over-the-counter or prescribed drugs (except medical marijuana) is permitted at the workplace or during work hours if such use does not impair an individual's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger or pose risk of injury to the individual, others in the workplace and/or the general public. Individuals must keep all prescribed medicine in the original container, which identifies the drug, date of prescription, dosage and prescribing physician. Employees taking prescription drugs and over-the-counter medications that may impair work performance must report such use to their supervisors prior to starting work. The employee's schedule or duties may be adjusted to accommodate this situation. Misuse or inappropriate use of over-the-counter or prescription drugs also violates this policy.

(3)

The Town shall not take any adverse action against any applicant or employee or anyone else who provides services to the Town (including refusal to hire, discipline, discharge, etc.) for the lawful use of medical marijuana, if such use is:

(a)

As a "qualifying patient" under Connecticut's palliative marijuana use law[1] (i.e., a person who uses marijuana authorized by a health care provider to alleviate symptoms of certain diagnosed and designated debilitating medical conditions or the effects of such symptoms) and the individual submits proof of such authorization to the Town as required;

[1]

Editor's Note: See Chapter 420F, Palliative Use of Marijuana, of the Connecticut General Statutes.

(b)

Not otherwise prohibited by any federal law applicable to the work the individual performs for the Town;

(c)

Does not restrict the Town's ability to obtain federal funding; and

(d)

Strictly confined to lawful use outside of the workplace, not during any working hours at any work location, and does not cause the individual to be under the influence while at the Town's workplace or during work hours.

(4)

The Town shall not take any adverse action against any applicant or employee solely because such individual used marijuana outside of the Town's workplace before being employed by the Town, unless failing to take an adverse action for this reason would put the Town in violation of a federal contract or cause the Town to lose federal funding, or any such individual will work/works in any "exempted position" as defined under Connecticut's recreational marijuana law. An "exempted position" includes any position with the potential to adversely impact the health or safety of employees or members of the public in the determination of the Town; firefighter; EMT; police officer in a position with a law enforcement or investigative function; a position requiring a CDL license or state/federal drug tests; a position requiring DOD national security clearance; a position where Connecticut's marijuana law would be inconsistent or otherwise in conflict with any employment contract, collective bargaining agreement or federal law; a position that is funded in whole or in part by a federal grant; a position requiring completion of an OSHA construction safety and health course; and/or a position requiring supervision or care of children, medical patients or vulnerable persons.

(5)

An employee reporting to work impaired is unable to properly perform required duties and will not be allowed to work.

(6)

The employee's supervisor will consult privately with the employee about the observed impairment to determine the cause. Prior to or in conjunction with doing so, the supervisor may consult with the Town's Employee Assistance Program or Human Resources. Depending on the employee's response and level of impairment, the employee may be brought home or to a medical facility for testing and/or treatment. The employee will be accompanied by the supervisor or another employee. An impaired employee will not be allowed to drive themselves.

Substance abuse testing.

(1)

Pre-employment.

(a)

Successful candidates for positions within the Town will undergo screening for the presence of drugs or alcohol prior to employment, as a condition for employment. Applicants are required to voluntarily submit to a urinalysis test at a facility or office chosen by the Town.

(b)

An applicant may be denied employment based on his/her refusal to submit to, or efforts to tamper with, such test or on a positive test result (including a positive test for recreational marijuana and/or for the specific metabolite of TCH-11-nor-9-carboxy-delta-9-tetrahydrocannabinol, but not for medical marijuana used in accordance with applicable law and this policy) that has been confirmed once by an independent laboratory test and after the applicant has been given a copy of the positive test result. The applicant may initiate another employment inquiry within the Town after the passage of one year.

(c)

The Town will not discriminate against applicants for employment because of past use of either drugs or alcohol. It is the current use of drugs or abuse of alcohol which will prevent potential employees from properly performing their jobs that will not be tolerated.

(2)

During employment.

(a)

The Town may test employees for drug and alcohol use or require a fitness-for-duty evaluation in accordance with applicable state and federal laws, including, but not limited to, when the Town has reasonable suspicion to believe that they are unable to perform or are deficient in performing their job responsibilities due to the influence of drugs or alcohol. Generally, "reasonable suspicion" means, but is not limited to, observation by a representative of the Town of the use, possession, sale or distribution of drugs, drug paraphernalia or alcohol, or of specific, articulable symptoms of drug or alcohol impairment [which can be based on, without limitation, i) the individual's speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, or negligence or carelessness in operating equipment or machinery; ii) disregard for the individual's own safety or others or involvement in any accident that results in serious damage to equipment or property; iii) disruption of a production or manufacturing process; or iv) carelessness that results in any injury to the individual or others]. If any individual in the workplace is aware of or reasonably suspects that another individual is unable to perform or is deficient in performing his/her job responsibilities due to the influence of drugs or alcohol, the individual should immediately report this to any manager and/or Human Resources. The Town may also conduct random drug and alcohol testing of employees as allowed or required by and in accordance with any applicable state or federal laws and collective bargaining agreements.

(b)

All information relating to drug and alcohol testing and/or to drug or alcohol use by applicants or employees will be treated confidentially and maintained with other employee medical records in accordance with the privacy protections afforded by applicable law.

(c)

The Town shall not take any adverse action against any employee solely because the employee tests positive for TCH-11-nor-9-carboxy-delta-9-tetrahydrocannabinol, unless failing to take an adverse action for this reason would put the Town in violation of a federal contract or federal law or cause the Town to lose federal funding, or there is reasonable suspicion or symptoms of alcohol/drug use/impairment while performing duties, or the individual works in any "exempted position" as defined under Connecticut's recreational marijuana law.

Assistance with substance.

(1)

If a substance abuse problem exists, every effort will be made to deal with the drug/alcohol problem from a remediative rather than a punitive stance.

(2)

Employees who are experiencing problems or work-related deficiencies resulting from drug or alcohol use may request or be required to seek counseling help. Leave to take time off to participate in a rehabilitation or treatment program may be granted in accordance with any legal requirements and/or conditions established by the Town (such as "last chance agreements" requiring employees to abstain from use of the problem substance and abide by all Town policies, rules, and prohibitions relating to conduct in the workplace). If an individual has been referred for counseling and refuses to participate, the Town may take disciplinary action up to and including termination.

(3)

During any recovery period allowed for an employee with a drug/alcohol problem, the employee must utilize sick leave or personal leave time when absent from work.

(4)

If an employee is unable to work for a prolonged period of time, the Town will consider a written request for a leave of absence, provided such recovery period is certified by a medical practitioner and the employee is otherwise eligible for such extended leave as a reasonable accommodation due to having a disability without causing the Town any undue hardship.

Consequences of substance abuse.

(1)

Any applicant or employee who violates this policy, or fails or refuses to comply with any portion of this policy (including, but not limited to, by failing a test and/or refusing to submit to any drug or alcohol testing as may be lawfully required or requested), will be subject to appropriate actions, including, but not limited to, immediate removal from the workplace and/or disciplinary action up to and including termination of employment. Any third party at the Town's workplace (such as visitors, customers, contractors, vendors, etc.) who violates this policy will be subject to appropriate actions, including, but not limited to, immediate removal from the workplace and termination of any business relationship. Where appropriate upon the Town's determination, any violation of this policy may be reported to the appropriate law enforcement agencies.

(2)

Employees are further required to notify their supervisors of any federal, state or local drug conviction no later than five days after such conviction. As required, the Town will notify appropriate agencies and take appropriate disciplinary action up to and including termination.