Employees of Chesapeake Beach, Maryland who hold the position of lifeguard or golf cart driver at the Chesapeake Beach Waterpark, whether on a full-time or part-time basis, or any employee who could be required to fulfill the role of either of those positions on a temporary or emergency basis, are subject to being tested for drugs and alcohol pursuant to the provisions of this Part 11. The Manager of the Chesapeake Beach Waterpark, under the supervision and direction of the Mayor, shall be required to administer the provisions of this Part 11. Whenever the term "Manager" is employed by this Part 11, the term shall be deemed to include any Assistant Managers or Acting Managers designated by the Manager. Employees subject to drug testing under this Part 11 are subject to both suspicion-based and random drug and alcohol testing as a condition of employment.
All applicants for employment at the Chesapeake Beach Waterpark shall be given written notice with the application form that drug and alcohol testing is a condition of continued employment for the lifeguard and golf cart driver positions. Nothing in this Part 11 shall require the testing of employees prior to employment or shall require the Manager or other Town personnel to request information from applicants about the specifics of their past or current medical conditions. The Manager of the Waterpark is authorized to ask, on the application, if there is any physical or mental condition which would prevent the applicant from fulfilling the tasks of the position for which applicant is applying, so long as a description of those tasks is provided and the form requires only a "yes" or "no" answer, without inquiring as to the reason for such answer.
In addition to the condition of employment described in § 50-139, employees subject to drug and alcohol testing under this Part 11 are obligated to sign a written statement giving their consent to be subjected to suspicion-based and random drug and alcohol testing. The execution of a written consent form shall also be a condition of employment. The written consent form shall refer to this Part 11 and a copy of this Part 11 shall be provided to the employee at the time a conditional offer of employment is made. If the employee is under 18 years of age on the first day of employment, such consent form must be signed by both of the parents or legal guardians of the employee (hereinafter the "legal guardians"), unless a copy of a judicial decree awarding one parent legal custody is provided and is attached to a consent form signed by the person named in that order as having legal custody. The consent form shall inform the legal guardians that the test results shall be confidential, although the results may be disclosed to the legal guardians. Upon the employee or employee's legal guardians signing the written consent, the consent shall be kept in the employee file of each employee.
A. 
The Manager of the Waterpark shall require any employee subject to drug and alcohol testing under this Part 11 to submit to a drug and alcohol test according to the procedures of this Part 11 if the Manager learns of sufficient facts to develop a "reasonable suspicion" (as hereinafter defined) that:
(1) 
The employee is or may be under the influence of a screened drug, as defined herein, or alcohol; or
(2) 
The employee has ingested, inhaled, consumed or otherwise used such a screened drug as defined herein within the last 30 days; or
(3) 
The employee has enrolled in or is participating in a drug or alcohol abuse rehabilitation or counseling program, either voluntarily or involuntarily, unless the participation is the result of having tested positive in accordance with the terms of this Part 11 and such participation is consistent with the remedies utilized by the Manager of the Waterpark as authorized by this Part 11; or
(4) 
The employee has been arrested, indicted, or charged with a crime under any law restricting the use, possession or distribution of a screened drug (as defined herein) or alcohol.
B. 
For the purposes of this Part 11, a reasonable suspicion shall be defined as any facts, from whatever source obtained, including the hearsay reports of others if deemed credible by the Manager, that support the conclusion that it is possible that any of the conditions described in Subsection A above have been met. It shall not constitute reasonable suspicion because there has been an injury to the employee, any other employee, or a patron. Nothing in this section shall require the Manager or other Town staff to undertake an investigation, either prior to employment or during employment, to learn any of the facts necessary to obtain reasonable suspicion.
C. 
For suspicion-based drug and alcohol testing under this section, the Manager shall conduct such testing immediately if the Manager has a reasonable suspicion that the terms of Subsection A(1) or (2) of this section have been met. The Manager shall conduct such testing on a periodic basis, as determined to be appropriate by the Manager, but not more than two times per month, if the Manager has a reasonable suspicion that the terms of Subsection A(3) or (4) of this section have been met. For suspicion-based drug and alcohol testing only, the Manager shall have the option of electing to test the employee for either screened drugs or alcohol, or both.
D. 
Upon selecting employees for suspicion-based drug and alcohol testing, the Manager shall inform the employee that he or she has been selected. If the employee has been selected for periodic testing, the Manager shall inform the employee of the testing schedule, including the termination date of such periodic testing, which in no event shall be subsequent to the termination of employment. If the employee is under 18 years of age, the Manager shall also inform the guardians of the employee that the employee has been selected for drug and alcohol testing.
A. 
The Manager of the Waterpark shall establish and enforce a random drug and alcohol testing program in accordance with the provisions of this section. All employees subject to drug and alcohol testing under this Part 11 shall submit to a drug and alcohol test if their name is chosen in accordance with the procedures of this section and those procedures established by the Manager. If an employee has been subjected to a suspicion-based drug and alcohol test under the provisions of § 50-142, that employee shall remain within the pool of employees subject to random drug and alcohol testing.
B. 
The Manager shall, on the 15th of each calendar month in which the Waterpark is open to the public, randomly choose two employees to be tested in accordance with the procedures of this Part 11 from the pool of employees subject to random drug and alcohol testing. The Manager shall ensure that each employee subject to drug and alcohol testing has a statistically equal chance of being selected each month.
C. 
Upon selecting employees for random drug and alcohol testing, the Manager shall inform the employee that he or she has been selected. If the employee is under 18 years of age, the Manager shall also inform one or both guardians of the employee that the employee has been selected for drug and alcohol testing.
Any employee subject to drug and alcohol testing pursuant to § 50-139 who refuses, or if employee is under 18 years of age, one or both of whose legal guardians refuses, to be tested upon being selected for a drug and alcohol test pursuant to this Part 11 shall be disqualified from continued employment by the Town in the position of lifeguard or golf cart driver. Such an employee may be employed by the Town in a different position only at the sole and absolute discretion of the Manager of the Waterpark. Nothing in this Part 11 shall be construed as imposing an obligation on the Town or the Manager to employ such a person in a different position. Any employee who refuses to be tested upon being selected for drug and alcohol testing shall be informed by the Manager of the provisions of this section.
A. 
The substances to be screened by the drug and alcohol tests authorized by this Part 11 shall be:
(1) 
"Screened drugs," which shall be defined as those substances regulated under the Maryland Controlled Dangerous Substances Act,[1] which shall include, but not be limited to, marijuana/cannabinoids, cocaine, opiates, phencyclidine (PCP) and amphetamines; and
[1]
Editor's Note: See Criminal Law Article, Title 5, § 5-101 et seq., of the Annotated Code of Maryland.
(2) 
Alcohol.
B. 
The screening test result shall be determined to be positive based upon the following cutoff levels:
(1) 
For screened drugs, the cutoff levels shall be those established by the United States Department of Health and Human Services or established by the Maryland Secretary of Health and Mental Hygiene as the mandatory guidelines for workplace drug testing programs.
(2) 
For alcohol, an alcohol concentration of 0.04 or more in the blood of the employee, which shall be measured by grams of alcohol per 100 milliliters of blood.
A. 
Upon a determination that an employee is to be tested for drugs and/or alcohol, the Manager shall employ the following procedures for each test:
(1) 
Identify the type of testing to be employed (urine or blood), the type of substances being tested for (screened drugs, alcohol, or both), and inform the employee of the type of test that will be conducted and the substances to be screened.
(2) 
Notify the employee of the consequences of positive test results.
(3) 
Drive the employee to a medical facility if the collection sample shall be blood or urine. If the sample shall be urine, the procedures for collecting urine samples shall allow individual privacy and shall not be observed.
(4) 
Upon delivering the employee to the medical facility for testing, the Town recognizes that the employee is now to be treated as a patient. The Manager must inform the medical personnel collecting the sample of the following:
(a) 
They must identify the patient through a photo identification and have the patient sign a consent/release form.
(b) 
A medication form shall be filled out, describing any medications the patient acknowledges having taken within the medically significant time frame, signed by both patient and collector, and reviewed with patient. The patient must be able to provide proof of any prescription medication listed, either by the vial, a letter or written prescription from his or her doctor.
(c) 
They must take all steps necessary to ensure the reliability of the sample and prevent tampering.
(d) 
The sample should not leave the patient's or collector's sight until sealed and labeled. The sample is to be examined for temperature, color, turbidity. If there are any suspicions about the sample, the patient can be requested to submit another sample immediately.
(e) 
The sample shall be placed into a container and sealed. The employee should sign the containers signifying that the sample is his.
(5) 
A Chain of Custody Form shall be completed and signed by each person who takes custody of the sample.
(6) 
The sample shall be stored in a refrigerator until picked up by courier to be taken to the laboratory for testing. All employees of the courier must complete and sign the Chain of Custody Form.
B. 
Inadequate sample. If the testing lab informs the collector or Manager that the sample is not suitable for testing (leaky container, improper documentation, etc.), the employee will be called and the same procedure will be followed from the beginning.
All specimens used in the drug and alcohol testing program shall be tested by a laboratory that holds a permit or is certified to conduct such tests pursuant to the Health-General Article, § 17-214, of the Annotated Code of Maryland, as amended.
A. 
Upon the Manager of the Waterpark receiving notice from the laboratory that conducted the drug and alcohol screening analysis of the specimen provided by an employee, the Manager shall provide the employee, and the employee's guardians if the employee is under 18 years of age, with:
(1) 
A copy of the laboratory test indicating the test results;
(2) 
A copy of the Town's written policy on the use or abuse of controlled dangerous substances or alcohol by employees and a copy of this Part 11;
(3) 
If applicable, a written notice of the Town's intent to take disciplinary action, terminate employment, or change the conditions of continued employment, including but not limited to a notice that the Town intends to disqualify the employee from continued employment in the position of lifeguard or golf cart driver; and
(4) 
A statement that informs the employee that the employee may request independent testing of the same specimen for verification of the test results by a laboratory that either holds a permit under Health-General Article, § 17-214, of the Annotated Code of Maryland, or, if out of the State of Maryland, is certified or otherwise approved under Health-General Article, § 17-204, of the Annotated Code of Maryland, and that the cost of an independent test conducted pursuant to this Part 11 shall be paid by the employee.
B. 
The notice required in Subsection A(3) can be given up to 15 days after the test results are received by the Manager. If not immediately given at the time the test results are provided to the employee, the employee shall be informed that he or she may receive such a notice within 15 days.
Any employee subject to drug and alcohol testing pursuant to this Part 11 who has tested positive for a screened drug or alcohol shall be disqualified from continued employment by the Town in the position of lifeguard or golf cart driver. Such an employee may be employed by the Town in a different position only at the sole and absolute discretion of the Manager of the Waterpark. Nothing in this Part 11 shall be construed as imposing an obligation on the Town or the Manager to employ such a person in a different position. An employee shall be entitled to be reinstated in the position of lifeguard or golf cart driver only if, upon an election to obtain independent testing of the sample pursuant to § 50-150, the independent test is negative for a screened drug or alcohol.
Upon receiving notice of a positive test result after being tested pursuant to this Part 11, the employee may request independent testing of the same specimen for verification of the test results by a laboratory that either holds a permit under Health-General Article, § 17-214, of the Annotated Code of Maryland, or, if out of the State of Maryland, is certified or otherwise approved under Health-General Article, § 17-204, of the Annotated Code of Maryland. The cost of an independent test conducted pursuant to this section shall be paid by the employee.
All test results shall remain confidential and shall be disclosed only to the employee tested, the Manager of the Waterpark, the Mayor, the Town Attorney, the parents or legal guardians of employees under 18 years of age, and those persons authorized in writing by the employee to receive such results. The Town shall not disclose the results, or the fact that the Town has the results of drug and alcohol testing, to any other governmental or law enforcement agency. The results of the testing shall be kept by the Manager in a secured file separate from the employee's personnel file. The results of the testing shall not be used for any purpose other than the evaluation of the employment status of the employee, as provided for by this Part 11.
Nothing in this Part 11 shall affect the authority of the Town, acting through the Mayor or the Manager of the Waterpark, to terminate the employment of any employee, including those covered by the provisions of this Part 11, for any cause, or without cause, and all such employees remain employees-at-will. Nothing in this Part 11 shall prohibit the termination, reassignment, disciplining, or reprimanding of any employee for any cause, including the suspicion of drug or alcohol use while performing the employee's duties.