[HISTORY: Adopted by the Commissioners of
the Town of Dewey Beach as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-13-2021 by Ord. No. 770[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Police and Lifeguard Drug and Alcohol Use and Testing, 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. 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:
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.
A.
Full-time subject employees.
(1)
Lifeguards, nonsworn and sworn police officers.
(a)
Each full-time lifeguard and non-sworn police employee whose
substance test is positive for a drug defined in Schedules I through
V of Title 16, Chapter 47 of the Delaware Code, as amended, and for
which the employee does not have a valid prescription or the dosage
or amount exceeds the dosage or amount prescribed by a licensed physician
shall immediately be suspended from work without pay for a period
of two weeks and shall complete a course of rehabilitation as directed
by the Town Manager within six months after the positive test result.
(b)
Each sworn police officer whose substance test is positive for
a drug as defined in Schedules I through V of Title 16, Chapter 47
of the Delaware Code, as amended, and for which the employee does
not have a valid prescription or the dosage or amount exceeds the
dosage or amount prescribed by a licensed physician shall immediately
be suspended from work without pay and noticed for termination pursuant
to the Delaware Law Enforcement Officers Bill of Rights Title 11,
Chapter 92 of the Delaware Code, as amended.
(2)
Any full-time employee who fails a return to work, follow-up, or
subsequent random substance test within two years from the date of
the original failed substance test shall immediately be terminated
from employment.
B.
Part-time subject employees. Each part-time employee whose substance
test is positive for a drug defined in Schedules I through V of Title
16, Chapter 47 of the Delaware Code, as amended, and for which the
employee does not have a valid prescription or the dosage or amount
exceeds the dosage or amount prescribed by a licensed physician 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 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.
