[HISTORY: Adopted by the Commissioners of the Town of Dewey Beach
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-12-2000 by Ord. No. 433
(§ 702 of the 1984 Code)]
Every candidate who is seeking employment as a full- or part-time employee
with the police or lifeguard departments shall complete and pass testing for
alcohol and drugs as a condition of employment, and every full- or part-time
employee of the police or lifeguard departments shall be subject to substance
testing as set forth hereinbelow as a continuing condition of employment.
The testing policy and procedures shall be in accordance with the Workplace
Drug and Alcohol Testing Program established by the Delaware Department of
Transportation and subsequent amendments thereto or in accordance with any
other standards and policies established by ordinance by majority vote of
the Commissioners of the Town of Dewey Beach. When interpreting the language
of the DELDOT Workplace Drug and Alcohol Testing Program, the name of the
Town of Dewey Beach shall be substituted for DELDOT and the program shall
apply to the employees of the Dewey Beach Police Department and the lifeguard
staff. Part-time officers shall not be privileged to the voluntary rehabilitation
sections of the regulations.
Drug and alcohol testing for candidates for employment and full- and
part-time employees in the lifeguard and police departments of the Town of
Dewey Beach shall be conducted at six stages of employment, as follows:
A.
Preemployment. Conducted prior to a final employment
offer for positions covered by this policy; required for all police and lifeguard
applicants. Any candidate who refuses to perform such test and any candidate
who fails such tests shall be rejected.
B.
Post-accident. Conducted after any accident resulting
in a fatality, injury resulting in the hospitalization of an injured person,
and after any accident that results in damage to any motor vehicle or to any
equipment of the Town of Dewey Beach.
C.
Reasonable suspicion. Conducted when a trained supervisor
observes behavior or appearance that is abnormal or erratic and characteristic
of alcohol or drug use, when observation is made of alcohol or drug use or
possession of alcohol or drugs or drug paraphernalia, when a medical incident
or accident appears to be alcohol or drug related, or whenever credible incidents
give a reasonable observer reasonable suspicion of alcohol and/or drug use
by the subject employee.
D.
Random. Conducted on a random unannounced basis just
before, during, or just after work performance.
E.
Return-to-duty. Conducted before an individual who has
violated the prohibited alcohol or drug conduct standards may return to work.
F.
Follow-up. Tests are unannounced and up to six tests
may be conducted in the first 12 months after an employee returns to duty.
This policy serves as notice for alcohol and drug testing by means of
breath, blood and/or urine testing. Each candidate and employee subject to
this policy will receive a copy of this policy.
All subject employees are prohibited from engaging in the following
activities:
A.
The possession or consumption of any illegal nonprescription
drug as defined in Schedules I through IV of Title 16, Chapter 47 of the Delaware
Code, as amended, or any alcoholic beverage while on duty.
B.
Reporting to work while under the influence of illegal nonprescription drugs defined hereinabove in Subsection A.
C.
Reporting to work with a blood alcohol concentration
of 0.03 or greater, meaning an amount of alcohol in a sample of a person's
blood equivalent to 0.03 or more grams of alcohol per 100 milliliters of blood,
or an amount of alcohol in a sample of a person's breath equivalent to
0.03 or more grams of alcohol per 210 liters of breath.
D.
Refusal to submit to an alcohol or drug substance test
conducted pursuant to the provisions of this article.
All specimens shall be analyzed for the following drugs: amphetamine,
marijuana (THC metabolite), cocaine, opiates (including heroin), phencyclidine
(PCP) and all substances described in Schedules I through V as set forth in
Title 16, Chapter 47 of the Delaware Code, and as amended.
Substance testing may be accomplished by using evidential breath testing
devices, urine and/or blood testing.
A subject employee who refuses to submit to alcohol and/or controlled
substance testing is subject to termination of employment. Refusal shall include
the following:
A.
Failure to provide an adequate breath, blood or urine
sample for testing without a valid medical excuse immediately after the candidate
for employment or the subject employee has received notice of the requirement
of a test.
B.
Obstruction of the testing process by the candidate for
employment or the subject employee.
A.
Full-time subject employees.
(1)
Each full-time employee whose substance test indicates
the use of a controlled illegal nonprescription substance as defined in Schedules
I through IV of Title 16, Chapter 47 of the Delaware Code, as amended, shall
immediately be suspended from work without pay for a period of two weeks.
(2)
Each full-time employee whose return to work, follow-up,
or subsequent random test within two years from the date of the original failed
substance test indicates the use of a controlled illegal nonprescription substance
as defined in Schedules I through IV of Title 16, Chapter 47 of the Delaware
Code, as amended, shall immediately be terminated from employment.
B.
Part-time subject employees. Each part-time employee
whose substance test indicates the use of a controlled illegal nonprescription
substance as defined in Schedules I through IV of Title 16, Chapter 47 of
the Delaware Code, as amended, shall immediately be terminated from employment.
A.
Each employee whose test indicates an alcohol concentration
of 0.03 or greater and not more than 0.05 shall be sanctioned as follows:
(1)
For the first occurrence, a suspension without pay of
eight hours;
(2)
For the second occurrence which occurs within two years
of the first occurrence, a suspension without pay of 40 hours;
(3)
For the third occurrence which occurs within two years
of the first occurrence, termination of employment.
B.
Each employee whose test indicates an alcohol concentration
of greater than 0.05 shall be sanctioned as follows:
(1)
For the first occurrence, a suspension without pay of
40 hours;
(2)
For the second occurrence which occurs within two years
of the first occurrence, a suspension without pay of 80 hours;
(3)
For the third occurrence which occurs within two years
of the first occurrence, termination of employment.
The Town shall pay the costs of alcohol and controlled substance testing
except as herein provided.
A.
The employee shall pay the cost of any tests requested
by the employee to confirm the use of alcohol or a controlled substance if
the results of the confirmation test are positive.
B.
The Town shall not be required to pay the costs of evaluating,
counseling or rehabilitation which may be required by the Workplace Drug and
Alcohol Testing Program established by the Delaware Department of Transportation
and subsequent amendments thereto or in accordance with any other standards
and policies established by ordinance by majority vote of the Commissioners
of the Town of Dewey Beach. The Town shall encourage those who violate the
provisions of this article to seek help in overcoming their problems and to
return to work as drug-free and alcohol-free employees in accordance with
the requirements of this article.
