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HomeMy WebLinkAboutRESOLUTION - 68-94 - 12/13/1994 - PERSONNEL RULES & REGS AMENDED RESOLUTION NO. 68-94 A RESOLUTION AMENDING ARTICLE IX DISCIPLINE, RULES AND EMPLOYEE COMMUNICATION PROCEDURES OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois : Section 1 : That Article IX, Discipline, Rules and Employee Communication Procedures of Personnel Rules and Regulations of the Village of Elk Grove Village be and the same is hereby amended to add Section 9 . 23 Employee Drug Testing (see attached) . Section 2 : That Article IX, Discipline, Rules and Employee Communication Procedures Section 9 . 21 . 23 of Personnel Rules and Regulations of the Village of Elk Grove Village be and the same is hereby amended to read as follows : SECTION 9 . 21 . 23 That the employee, while on duty, has engaged in gambling on duty. Section 3 : That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 13th day of December 1994 . APPROVED this 13th day of December 1994 . Dennis J. Gallitano Village President ATTEST : Patricia S. Smith Village Clerk Employee Drug and Alcohol Testing Statement of Policy It is the policy of the Village to prohibit employees from engaging in the manufacture, distribution, dispensing, possession, or use of an illegal substance or alcohol while on duty. The Village acknowledges that such use of an illegal substance is harmful to the health of employees and dangerous in the workplace . In addition employees required to possess a commercial driver' s license (CDL) are prohibited from the unlawful use of drugs on or of f duty. Employees required to possess a CDL must release information from their previous employer regarding results of drug and alcohol tests taken within the past two years . Employees required to possess a CDL must not operate a commercial motor vehicle : 1) While having a breath alcohol concentration of . 04 percent or greater as indicated by an alcohol breath test ; 2) While using alcohol; 3) Within four hours after using alcohol; and 4) Within two hours but in no event longer than eight hours after an accident involving a municipal vehicle or until tested for drugs and/or alcohol . Whereas employees have been made aware of this policy and its consequences by reading and signing the attached Drug-Free� Workplace Policy. Drucr and Alcohol Testing Permitted ' Where the Village has reasonable suspicion to believe that : a) an employee is being affected by the use of alcohol; or b) has abused prescribed drugs; or c) has used illegal drugs, the village shall have the right to require the employee to immediately submit to alcohol or drug testing . The Village may also require the employee to randomly submit to alcohol or drug testing during the twelve (12) month period following substance abuse treatment . The foregoing shall not limit the right of the Village to conduct any tests it may deem appropriate for persons seeking employment, or employees seeking promotion or transfer to another position within the village . Those employees that are required to posses a CDL (commercial driver' s license) as a condition of employment are subject to immediate alcohol or drug testing under Federal Guidelines . Those guidelines are as follows : (1) Pre-employment into a position requiring a CDL, including hiring, promotion, or transfer; (2) Post vehicle accident wherein the holder of the CDL was operating a municipal vehicle and the accident resulted in a fatality, or injury requiring transportation for treatment away from the accident scene, or the towing of the municipal vehicle; (3) Reasonable Suspicion; (4) At Random; and, (5) During the 12 month period after a CDL employee returns to duty from drug and/or alcohol treatment, the Village must perform at least 6 unannounced tests for drugs and/or alcohol. ordered to Submit to Testing Within forty-eight (48) hours after the time the employee is tested, the Village shall provide the employee with a written notice setting forth the facts and inferences which formed the basis of the order to test . Refusal to submit to such test may subject the employee to discipline, but the employee taking the test shall not be construed as a waiver of any objection or rights that he or she may possess . Tests to be Conducted In conducting the testing, the Village shall : a) If a blood or urine sample is taken, use only a clinical laboratory or hospital facility which is certified by the State of Illinois to perform drug and/or alcohol testing. If testing is performed for CDL purposes, urine specimens are required for. drug testing. If a blood alcohol breath test is administered, use only a calibrated evidential breath testing device administered by a state certified operator. b) Establish a chain of custody procedure for both sample collection and testing that will ensure the integrity of the identity of each sample and test result . c) If a blood or urine sample is taken, collect a sufficient sample of the same bodily fluid or material to allow for initial screening, a confirmatory test, and a sufficient amount to be set aside reserved for later testing if requested by the employee . d) Collect samples in such a manner as to preserve the individual employee' s right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a urine sample except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure . e) Confirm any sample that tests positive in initial screening for drugs by testing the second portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites . f) Provide the employee with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee' s choosing as long as it meets the specifications in subparagraph (a) , at the employee' s expense, provided the employee notifies the Village within seventy-two (72) hours of receiving the results of the initial test that they desire to have the additional sample tested. g) Require that the laboratory or hospital facility report to the Village that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. Should any information concerning such testing or the results thereof be obtained by the village consistent with the understanding expressed herein (e .g. , billing for testing that reveal the nature or number of test administered) , the Village will not use such information in any manner or form adverse to the employee' s interests . h) Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of . 040 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered a positive test result , while test results showing an alcohol concentration of . 039 or less shall be considered a negative test result . If testing is performed for CDL employees, two breath tests- may be performed. For the first test, any result less than . 02 alcohol concentration is considered a negative test . If the alcohol concentration is . 02 or greater, a second confirmation test must be conducted. i) Provide each employee tested with a copy of all information and reports received by the Village in connection with the testing and the test results . j ) Employees required to hold a commercial driver' s license will be tested for marijuana, cocaine, opiates, amphetamines , phencyclidine and alcohol . This does not limit the Village' s right to test for other drugs . Right to Discipline/Positive Test Result The Village shall have the right to discipline employees as described in Section 9 . 21 of the Personnel Rules and Regulations if any employee has been found to test positive for drugs or alcohol . Any refusal to submit to testing automatically results in a positive test result . The Village shall have the right to require the employee to seek treatment for an alcohol or drug use problem so long as : a . The employee agrees to appropriate treatment as determined by the physician (s) involved. b. The employee discontinues their abuse of prescribed drugs, use of illegal drugs, or abuse of alcohol . C . The employee completes the course of treatment prescribed, including an "after-care" group as determined by the physician (s) involved. d. During the after-care period, COL employees must take a return-to-duty alcohol test with a result of less than . 02 . Test results above . 02 will cause the removal of the employee from their job duties for at least 24 hours and subject the employee to discipline, further testing and/or return to treatment . e. CDL employees must receive a negative test result for drugs before returning to work. f . The employee agrees to submit to random testing during work hours throughout the period of "after-care" . Employees that do not agree to or act in accordance with the foregoing shall be subject to discipline . These same terms and- provisions apply to those employees that voluntarily seek treatment .