[Adopted 8-13-2021 by Ord. No. 770]
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. Part-time officers shall not
be privileged to the voluntary rehabilitation sections of the regulations.
The testing policy and procedures shall be established by ordinance
by majority vote of the Commissioners of the Town of Dewey Beach.
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, property,
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 prior to or while on duty of any:
(1) Drug defined in Schedules I through V of Title 16, Chapter 47 of
the Delaware Code, as amended, for which the employee does not have
a valid prescription from a licensed physician; or
B. Reporting to work while under the influence of any drug defined hereinabove in Subsection
A for which the employee does not have a valid prescription, or in a dosage or amount that exceeds the dosage or amount prescribed for the employee by a licensed physician.
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 breath testing
devices, urine and/or medical blood testing at a hospital or other
appropriate testing facility.
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.
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 and 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.