[Adopted 1-4-1993]
One of the greatest problems facing society today is drug and alcohol abuse. The purpose of this article is to define the policy of the Town of Princess Anne regarding the use of drugs and alcohol in the workplace and prescribe administrative procedures and remedies for enforcing these policies.
Employees of the Town of Princess Anne must report to work in a fit condition to perform their duties. No employee shall use or possess alcoholic beverages while on the job site. Employees, whether off duty or on duty, are strictly forbidden to use or possess illegal drugs or drug paraphernalia as defined under Article 27 of the Annotated Code of Maryland. Illegal drug use also includes the use of nonprescription and prescription drugs when used without a prescription or used other than as prescribed by the manufacturer.
A. 
Before a drug or alcohol test is administered, employees and job applicants will be asked to sign a consent form authorizing the test and releasing the results of the test to the Town Manager.
B. 
All new applicants shall, as a condition of employment with the Town of Princess Anne, sign a consent to a drug or alcohol test.
A. 
All persons employed by the Town of Princess Anne shall be subject to drug or alcohol testing if there is reasonable suspicion that the employee has been using drugs or alcohol on the job site or reports to work in an unfit condition which appears either drug or alcohol related. If reasonable suspicion exists, the Town Manager may immediately order that the employee be tested for the presence of drugs or alcohol.
B. 
"Reasonable suspicion" means a belief based on specific facts and reasonable inferences drawn from those facts that an employee is under the influence of drugs or alcohol. The Town Manager shall document, in writing, the specific facts, symptoms or observations which favor the basis for the determination that reasonable suspicion exists to warrant the testing of an employee.
C. 
An employee tested for reasonable suspicion shall be suspended with pay for 48 hours after the test to allow for the receipt of the test results.
D. 
Any applicant for employment with the Town of Princess Anne shall be subject to a drug or alcohol test at the discretion of the Town Manager without reasonable suspicion.
E. 
Any employee tested for drugs shall receive a copy of the laboratory test results within 30 days after the test was performed. The results shall be delivered either in person or by certified mail. A copy shall be placed in the employee's personnel record.
[Amended 1-3-1994 by Ord. No. 93-05]
A. 
An employee charged with a drug- or alcohol-related crime occurring in or out of the workplace shall report such charge to the Town Manager, in writing, no less than five days after such charges are brought.
B. 
All employees who are convicted of a drug- or alcohol-related crime occurring in or out of the workplace shall report such conviction to the Town Manager, in writing, no less than five days after such conviction.
C. 
In the event that an employee is convicted of a drug- or alcohol-related crime, the Town shall notify all federal agencies which provide grant funds to the Town of the conviction within 10 calendar days of receipt of the earlier of the following:
(1) 
Notice from the employee of such conviction; or
(2) 
Actual notice by other means.
[Amended 1-3-1994 by Ord. No. 93-05]
The Town of Princess Anne shall sponsor a drug awareness program that complies with the Federal Drug-Free Workplace Act, 41 U.S.C. § 701 et seq., for the employees to inform them of the potential danger of drugs and alcohol and to explain to them these rules and regulations.
Employees who voluntarily seek assistance for a drug or alcohol abuse problem will not be terminated if that assistance is sought prior to action being taken under this article. If, however, the employee continues to use illegal drugs or abuse alcohol in such a manner that it affects the employee's job performance, he/she shall be subject to the penalties imposed in § 24-14 of this article.
A. 
Any employee who fails to consent to a test upon a finding of reasonable suspicion shall be terminated from employment with the Town of Princess Anne and shall not be subject to rehiring by the Town.
B. 
Any applicant who fails to sign the consent to drug or alcohol testing or who, at the request of the Town Manager, refuses to be tested shall not be considered for employment with the Town and shall not be eligible to apply for any other position with the Town for 18 months.
C. 
Any employee who fails to report a charge or conviction under § 24-11 of this article shall be subject to immediate termination from employment with the Town of Princess Anne and shall not be subject to rehiring by the Town.
D. 
Upon a written finding by the Town Manager that an employee is in violation of § 24-8 of this article, the employee shall be subject to the following:
(1) 
Upon the first such finding the employee is subject to immediate dismissal.
(2) 
If, however, the Town Manager and a federal, state or local health, law enforcement or other appropriate agency determine that the employee may be amenable to treatment, the Town Manager shall order the employee to seek drug or alcohol treatment at the employee's own expense in a program approved by the Town Manager.
[Amended 1-3-1994 by Ord. No. 93-05]
(3) 
If an employee fails to successfully complete the drug treatment program, as ordered, or sustains a second finding of a violation under § 24-8 of this article after successfully completing the drug or alcohol treatment program, the employee shall be immediately dismissed and shall not be subject to rehiring by the Town.
E. 
Any person convicted of a drug- or alcohol-related crime shall be subject to the following:
(1) 
For a nonfelony drug conviction the employee shall be subject to the same penalty as outlined in Subsection D above.
(2) 
For a felony drug conviction the employee shall be immediately terminated.
(3) 
For a first-time alcohol-related crime the employee shall be subject to a suspension of three to five days.
(4) 
For a subsequent alcohol-related crime the employee shall be subject to immediate termination.
[Added 1-3-1994 by Ord. No. 93-05]
A. 
The Town shall publish a policy statement which shall notify employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Town's workplace. The policy statement shall include as an appendix a copy of the Princess Anne Drug- and Alcohol-Free Workplace Act.
B. 
The Town shall provide a copy of the policy statement to each employee who is engaged in the performance of the grant. The statement shall notify the employee that, as a condition of employment under the grant, the employee will:
(1) 
Abide by the terms of the statement; and
(2) 
Notify the Town, in writing, of any criminal drug statute conviction for a violation occurring in the workplace no later than five calendar days after such conviction.
[Added 3-4-1996 by Ord. No. 96-01]
A. 
Employees who possess a commercial driver's license (CDL) will be randomly selected for drug and alcohol testing in accordance with the standards for random selection that are established by the Code of Federal Regulations and the Code of Maryland Regulations.
B. 
Employees selected will be expected to report to a specified collection site for drug and alcohol testing by a certified laboratory.
[Amended 3-6-2000 by Ord. No. 2000-3]
C. 
No drug or alcohol test will be conducted without the employee's consent, but refusal to consent will result in an automatic five-day suspension by the department supervisor. If an employee refuses to submit to drug or alcohol testing, he/she will be considered to have tested positive.
D. 
Employees that receive a positive test result are subject to disciplinary action as described in the STA United's Driver's Guide to Alcohol and Drug Testing, a copy of which must be provided to each employee.
E. 
Employees who test positive or refuse testing and are not terminated must submit to a back-to-duty test and all subsequent tests required under Department of Transportation regulations, as well as any associated cost, at the employee's expense.
F. 
The Town's medical review officer will confidentially review drug and alcohol tests and then forward test results to the Town in accordance with applicable law.
G. 
Employees with positive test results may have another test conducted by a certified laboratory at their own expense.
H. 
Applicants for positions that require CDL's may be tested for alcohol and drugs prior to employment.
I. 
The following employees shall be tested at any time:
(1) 
Employees participating in drug and alcohol rehabilitation programs when such testing is part of the program.
(2) 
Employees when job performance or behavior causes their supervisors to have reasonable suspicion that they may be under the influence of drugs or alcohol.
(3) 
Employees involved in a reportable accident while operating a Town vehicle and receiving a moving violation and/or where a known injury or fatality occurs due to the accident. If any vehicle requires towing from the accident scene, testing will be required as well.
(4) 
Employees who have previously violated the Town's substance abuse policy and are returning to work.
J. 
All testing for drugs and alcohol, as well as physical examination, will be conducted through a program in coordination with the Somerset County program for the enforcement of CDL regulations as required by the Department of Transportation.
K. 
If any job classification requires an employee to have a CDL to perform his/her job duties, the department supervisor utilizing the job classification shall be responsible for having the employee's name entered into the Town's CDL listing for random selection for drug and alcohol testing. The supervisor shall also make certain the employee receives a biannual physical examination by a physician designated by the Town Manager. Therefore, the Town's department supervisors are responsible for implementing the established and adopted Town program for alcohol and drug testing and physical examinations of CDL drivers.
[Added 3-4-1996 by Ord. No. 96-01]
Employees providing services on Town-funded projects must provide for and maintain a drug- and alcohol-free workplace. Contractors are responsible and liable for employee negligence due to drug or alcohol abuse on the job. Contractors will be required to reimburse the Town for any damage caused by employees under the influence of drugs or alcohol and will be required to hold the Town harmless in the event of suit by an individual or entity injured by an employee who was under the influence of drugs or alcohol.
[Added 3-4-1996 by Ord. No. 96-01]
Employers who have employees working in Town-maintained workplaces must have drug- and alcohol-free workplace policies. The Town will take the necessary steps to ensure that these policies are followed, i.e., it will notify the violator's supervisor and/or the proper authorities.