Chapter 12 – Employee Regulations

CHAPTER 12

EMPLOYEE REGULATIONS

ARTICLE I – EQUAL EMPLOYMENT POLICY

12-1-1 ADOPTION OF CODES. The Village hereby declares to uphold, defend, enforce, and advocate for all laws related to Equal Employment Opportunity including, but not limited to, the following:

(A) Title VI of the Civil Rights Act of 1964 which prohibits discrimination in the participation in or benefits of programs or activities receiving federal financial assistance on the basis of race, color, or national origin.

(B) Title VII of the Civil Rights Act of 1964 which prohibits discrimination because of race, color, religion, sex or national origin in all employment practices including hiring, firing, promotions, compensation, and other terms, privileges and conditions of employment.

(C) Title IX of the Education Amendments of 1972 which prohibits discrimination in federally assisted education programs.

(D) The Equal Pay Act of 1963 which covers all employees who are covered by the Fair Labor Standards Act. The Act forbids pay differentials on the basis of sex.

(E) The Age Discrimination Act of 1967 which prohibits discrimination because of age against anyone between the ages of forty (40) and sixty-five (65).

(F) Federal Executive Order 11246 which requires every contract with federal financial assistance to contain a clause against discrimination because of race, color, religion, sex, or national origin.

(G) Section 504 of the Rehabilitation Act of 1973 and DOL Implementing Regulations at 29 CFR 32 which prohibits any discrimination based on disability.

(H) Section 167 of JTPA and the U.S. DOL Regulations at 29 CFR Parts 31 and 32 which provides that no person in the United States shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination on the basis of race, color, or national origin, under any program or activity receiving Federal financial assistance from the Department of Labor.

(I) Chapter 68, Article I, Section 17-19 of the Illinois Constitution which prohibits discrimination based on race, color, creed, national ancestry, disability, and sex in the hiring and promotion practices of any employer.

(J) The Americans with Disabilities Act of 1990 which prohibits any discrimination against qualified individuals with disabilities on the basis of their disability.

12-1-2 NON-DISCRIMINATORY PRACTICES. The Village will assure non-discriminatory employment practices in recruitment advertising, employment, placement, layoff or termination, promotion, demotion or transfer, rate of pay or other forms of compensation and use of facilities.

12-1-3 CONTRACTING WITH NON-COMPLAINTS. The Village will not contract with other agencies, banks, businesses, vendors, etc., who practice or establish a pattern of discrimination based on sex, color, race, religion, age, national origin, political affiliation or belief.

(A) The Village shall incorporate into any contract for construction work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary of Labor or of any prior authority that remain in effect, which is paid for in whole or in part with the aid of such financial assistance, the following “Equal Opportunity Clause”:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability or national origin. The contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, sex, national origin or disability. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisement for employees places by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or disability.

(3) In the event of the contractor’s noncompliance with the Equal Opportunity Clause or with any of the said rules, regulations, and orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts.

(4) The contractor will include the provisions of this Equal Opportunity clause in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor so that such provisions will be binding upon each such subcontractor or vendor.

12-1-4 OUTREACH TO ALL. The Village assures that it will actively provide nondiscriminatory outreach, selection, and service to all individuals.

12-1-5 MINORITY HIRING. Efforts will be made to hire minority individuals for all job categories so that minority employment in all categories of the work force will represent a proportionate share of minority populations in the Village as well as surrounding areas.

12-1-6 ACCOMMODATIONS FOR DISABLED. The Village will provide accommodations to the best of its ability for employees with disabilities, contingent on budget and structural limitations.

12-1-7 COMPLIANCE BY EMPLOYEES. All Village employees are expected to adhere to the above policy and to work actively for its implementation both internally and in carrying out Village program activities.

12-1-8 DESIGNATED ENFORCERS. The Village designates the Mayor and the Village Board to carry out the EEO/AA plan.

ARTICLE II SEXUAL HARASSMENT POLICY

1221 POLICY PURPOSE. This Article’s purpose is to define sexual harassment, and state the Village’s policy regarding such behavior.

1222 GENERAL STATEMENT. The Board of Trustees finds and declares that sexual harassment is a violation of basic human rights and is to be neither encouraged nor permitted within the conduct of the Village’s business. Concurrently, false or malicious accusations of sexual harassment will not be tolerated. It is the Board’s directive that the Village shall provide and preserve a work atmosphere free from sexual harassment of any kind.

1223 DEFINITIONS. For purposes of this Article, the following definitions and meanings shall apply unless the context would require otherwise:

(A) Sexual Harassment. Sexual harassment means Sexual Conduct by a Perpetrator which is:

(1) Made, either explicitly or implicitly as a term or condition of an individual’s employment.

(2) The submission to or rejection of which by an individual is used as basis for employment decisions relative to the individual.

(3) Is performed for the purpose or with the resulting effect of substantially interfering with the subject individual’s work performance or creating an intimidating, hostile or offensive working environment.

(B) Perpetrator. The word Perpetrator means the individual performing Sexual Conduct contrary to this policy.

(C) Sexual Conduct. Sexual Conduct shall mean verbal or physical communication, conduct and activity of a sexual or sexually suggestive nature by an individual, termed a Perpetrator herein, toward another individual regardless of sex, including but not limited to the following:

(1) Verbal conduct including sexual innuendoes, suggestive comments, insults, humor and jokes about sexual activities, humor or jokes about anatomy or gender-specific traits, sexual propositions, sexual threats, repeated requests for dates and statements of a sexual nature about other employees even outside the other employee’s presence.

(2) Nonverbal conduct including suggestive or insulting sounds such as whistling, leering, obscene gestures, sexually suggestive bodily gestures, “catcalls”, “smacking” or “kissing” noises.

(3) Visual. Posters, signs, pinups or slogans of a sexual or sexually suggestive nature.

(4) Physical. Unwelcome touching, hugging or kissing, pinching, brushing the body, coerced sexual intercourse, or actual assault.

(5) Victim. Victim means the individual toward whom sexual conduct is directed.

Sexual harassment most frequently involves a man harassing a woman. However, it can also involve a woman harassing a man or harassment between members of the same gender.

The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends to some extent on individual perception and interpretation. The trend in the courts is to assess sexual harassment by a standard of what would offend a “reasonable woman” or a “reasonable man”, depending on the gender of the alleged victim.

An example of the most subtle form of sexual harassment is the use of endearments. The use of terms such as “honey”, “darling”, and “sweetheart”, is objectionable to many women who believe that these undermine their authority and their ability to deal with men on an equal and professional level.

Another example is the use of a compliment that could potentially be interpreted as sexual in nature. Below are three statements that might be made about the appearance of a woman in the workplace.

“That’s an attractive dress you have on.”

“That’s an attractive dress, it really looks good on you.”

“That’s an attractive dress. You really fill it out well.”

The first statement appears to be simply a compliment. The last is the most likely to be perceived as sexual harassment, depending on the individual perceptions and values. To avoid the possibility of offending an employee, it is best to follow a course of conduct above reproach, or to err on the side of caution.

1224 RESPONSIBILITY OF INDIVIDUAL EMPLOYEES. Each individual employee has the responsibility to refrain from sexual harassment in the workplace.

An individual employee who sexually harasses a fellow worker is, of course, liable for his or her individual conduct.

The harassing employee will be subject to disciplinary action up to and including discharge in accordance with the Authority’s policy or a bargaining agreement, as appropriate.

An employee who either observes or believes herself/himself to be the object of sexual harassment is responsible for reporting the incident(s) to his/her supervisor or the EEO Officer.

1225 RESPONSIBILITY OR SUPERVISORY PERSONNEL. Each supervisor is responsible for maintaining the workplace free of sexual harassment. This is accomplished by promoting a professional environment and by dealing with sexual harassment as you would deal with other forms of employee misconduct.

The courts have found that the organization as well as supervisors can be held liable for damages related to sexual harassment by a manager, supervisor, employee, or third party (an individual who is not an employee but does business with an organization, such as a contractor, customer, sales representative, or repair person).

Liability is either based on an organization’s responsibility to maintain a certain level of order and discipline, or on the supervisor acting as an agent of the organization. As such, supervisors must act quickly and responsibility not only to minimize their own liability but also that of the agency.

Specifically, a supervisor must address and observed incident of sexual harassment or a complaint with seriousness, take prompt action to investigate it, report it and end it, implement appropriate disciplinary action, and observe strict confidentiality. This also applies to cases where an employee tells the supervisor about behavior considered sexual harassment but does not want to make a formal complaint. The agency’s Equal Employment Opportunity (EEO) Officer will consult with supervisors on the proper procedures to follow.

Supervisors must report any incidents or complaints of sexual harassment to the Authority’s EEO Officer on the date of the alleged occurrence, or the very next business day.

In addition, supervisors must ensure that no retaliation will result against an employee making a sexual harassment complaint.

1226 PROCEDURES FOR FILING A COMPLAINT. An employee who either observes or believes herself/himself to be the object of sexual harassment should deal with the incident(s) as directly and firmly as possible by clearly communicating her/his position to both the supervisor and offending employee. It is not necessary for sexual harassment to be directed at the person making the complaint.

The following steps may also be taken: document or record each incident (what was said or done, the date, the time, and the place). Documentation can be strengthened by written records such as letters, notes, memos, and telephone messages.

No one making a complaint will be retaliated against even if the complaint made in good faith is not substantiated. In addition, any witness will be protected from retaliation.

The process for making a complaint about sexual harassment falls into several stages.

(A) Direct Communication. If there is sexually harassing behavior in the workplace, the harassed employee should directly and clearly express her/his objection that the conduct is unwelcome and request that the offending behavior stop. The initial message may be verbal. If subsequent messages are needed, they should be put in writing in a note or a memo.

(B) Contact with Supervisory Personnel. At the same time direct communication is undertaken, or in the event the employee feels threatened or intimidated by the situation, the problem must be promptly reported to the Superintendent or the Mayor. If the harasser is the Superintendent, the problem should be reported to the Mayor or the Village Board.

(C) Formal Written Complaint. An employee may also report incidents of sexual harassment directly to the Mayor. The Mayor will counsel the reporting employee and be available to assist with filing a formal complaint. The Mayor will fully investigate the complaint and advise the complainant and the alleged harasser of the results of the investigation.

(D) Resolution Outside Village. It is hoped that most sexual harassment complaints and incidents can be resolved within the Village. However, an employee has the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) about filing a formal complaint. An IDHR complaint shall be filed within one hundred eighty (180) days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC shall be filed within three hundred (300) days.

An employee who is suddenly transferred to a lower paying job or passed over for promotion, after filing a complaint with IDHR or EEOC, may file a retaliation charge, also due within one hundred eighty (180) days (IDHR) or three hundred (300) days (EEOC) of the alleged retaliation.

An employee who has been physically harassed or threatened while on the job may also have grounds for criminal charges of assault and battery.

1227 TRAINING. The Mayor is responsible for ensuring that Superintendents and staff are trained and made aware of the full range of practices that might constitute sexual harassment.

12-2-8 FALSE AND FRIVOLOUS COMPLAINTS. False and frivolous charges refer to cases where the accuser is using a sexual harassment complaint to accomplish some end other than stopping sexual harassment. It does not refer to charges made in good faith which cannot be proven. Given the seriousness for the accused, a false and frivolous charge is a severe offense that can itself result in disciplinary action.

ARTICLE III – ANTI-NEPOTISM POLICY

12-3-1 NEPOTISM PROHIBITED. No person shall become an employee of the Village if any elective office holder then serving, including but not limited to any member of the Village Board of Trustees, the Mayor or the Village Clerk, is related to such person in any of the following degrees: spouse, child, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law.

12-3-2 POLICY INCLUDES. No person shall become an employee of the Village if the position sought to be filled by such person would be supervised by a current employee of the Village to which such person is related in any of the following degrees: spouse, child, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law.

12-3-3 EMPLOYMENT PARAMETERS. After the effective date of employment, an employee shall not be terminated or otherwise have his or her employment placed in jeopardy in any way whatsoever should a person to which such employee is related (in any of the degrees referenced in Section 12-3-1) be elected to any elective office of the Village.

12-3-4 VILLAGE CLERK – COPIES TO EMPLOYEES. The Village Clerk is hereby directed to provide a copy of this Article to all present employees, and to all persons applying for employment with the Village.

(Ord. No. 486; 05-13-99)

ARTICLE IV – ANTI-DRUG AND ALCOHOL ABUSE POLICY

12-4-1 Anti-drug and alcohol abuse policy. It is the policy of the Village that the public has the reasonable right to expect persons employed by the Village to be free from the effects of drugs and alcohol. Employees who use drugs and alcohol pose serious safety and health risks to themselves and others. The Village has the right to expect its employees to report for work fit and able for duty. The Village will take reasonable measures to maintain a work environment which is free of alcohol and substance abuse, to provide a safe and secure workplace for its employees and the community in which the Village operates.

This policy applies to all Village employees as described further below.

Part of this policy applies only to testing for covered employees as described further below. The second part of the policy discusses testing for employees not engaged in gas department work.

The Village recognizes that alcohol and drug abuse is considered by many to be an illness and encourages its employees to voluntarily utilize any available employee assistance program before such abuse affects such employee’s job performance. No employee shall be disciplined for or the subject of adverse employment action for the first instance where such employee notifies the department head that he/she has a problem with drug or alcohol use, and voluntarily seeks assistance prior to initiation of an investigation of suspected drug or alcohol abuse by such employee. Such employees shall be referred by the personnel director/designee to the Village’s employee assistance program for confidential counseling and treatment, if such program has been made available by the Village. The personnel director/designee and department head shall not divulge any information received from such employee who voluntarily seeks the help of the employee assistance program. Such voluntary referrals to the employee assistance program, however, does not relieve such employee from the responsibility to adequately perform his/her job. In addition, voluntary submittal does not eliminate such employee from the requirements to take required drug and alcohol tests as described in this policy.

The purpose of this policy is to provide a drug and alcohol policy for all employees.

(a) Definitions. For the purpose of this policy, the words and terms defined in this section shall have the meaning therein given, unless the context otherwise clearly requires.

(1) “Covered employees” are those employees who perform, on a pipeline or LNG facility or a gas delivery infrastructure, any operations, maintenance, or emergency-response function regulated by Parts 192, 193 or 195 of Title 49 of the Code of Federal Regulations, hereinafter referred to a “gas department work”. These terms do not cover clerical or accounting functions.

(2) “Employee” means any person employed by the Village as an actual employee, including but not limited to those persons in a special assignment, part-time, or full-time status, and all levels of management.

(3) “Operator” means any employee who operates any vehicle or machinery while working for the Village.

(b) Prohibitions. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcohol is prohibited on all municipal premises, in any municipally owned or leased motor vehicle, or other location at which the employee is to perform work. The Village may terminate any employee who possesses any illegal drug, in any amount. The following will be strictly enforced:

(1) The Village will maintain a pre-employment screening program designed to prevent hiring anyone who uses any illegal drugs.

(2) No employee will consume any amphetamines/methamphetamines, marijuana, opiates, cocaine, barbiturates, benzodiazepines, methadone, methaqualone, propoxyphene, or phencyclidines (PCP) while on or off duty, except as provided in subsection (b)(4) of this policy.

(3) No covered employee or operator shall report for work or drive in the course of his employment while impaired by any drug, controlled substance, or with an alcohol breath concentration of .02 or greater. No employee performing non-gas department work shall report for work or drive in the course of his employment while impaired by any drug, controlled substance, or with an alcohol breath concentration of .04 or greater.

(4) An employee may use a substance administered by or under direction of a physician who has advised the employee that the substance will not affect the employee’s ability to safely operate a motor vehicle or perform his/her job.

(5) No operator whose motor senses, sight, hearing, balance, reaction, reflexes or judgement are presumed to be affected or who has consumed any alcohol within four (4) hours, may operate any motor vehicle. No employee, other than a operator, whose motor senses, sight, hearing, balance, reaction, reflexes or judgment are presumed to be affected or who has consumed any alcohol within two (2) hours, may perform his job.

(6) Any employee who sells or otherwise dispenses illegal drugs or alcohol to others on municipal premises, in or from a municipally owned or leased motor vehicle, is subject to immediate termination.

(7) An employee may not use a substance administered by or under the direction of a physician not specifically prescribed for him/her.

(c) Drug testing (for employees performing gas department work at the time in question or in regard to random testing, those employees considered “covered employees”).

(1) Drug testing. The Village hereby adopts the attached policy entitled “Village of Louisville – Gas Department – Anti-Drug Program” and all of its component provisions as the Village’s Anti-Drug Plan as required by 49 CFR Part 149. Said policy shall at all times comport with the requirements of 49 CFR Part 149, but may be more stringent in its requirements on employees than the requirements set forth in 49 CFR Part 149. Said policy shall be made a part of the Village of Louisville Personnel Policy and may be amended from time to time by proper motion duly made and approved by the Board of Trustees of the Village of Louisville. All covered employees will be required to take and successfully pass urine drug testing as stated in said policy. Refusal to submit to such testing is considered a positive test. The Village may choose from time to time any qualified individual or company as its drug testing service provider and medical review officer.

(d) Drug and alcohol testing (employees working in a capacity other than as a covered employee).

(1) Drug testing. The Village will require drug testing as described in subsection (d)(2)[a] through (d)(2)[e] of this policy. The drugs prohibited are set forth in (b)(2) above. All urine samples shall be split-samples. The “primary sample” shall be at least thirty (30) ml. of urine; the “split-sample” shall be at least fifteen (15) ml. Failure of the employee to provide that quantity even after a two (2) hour second opportunity following drinking up to twenty-four (24) ounces of water, will cause the employee to be immediately referred to the medical review officer (MRO) for a medical evaluation to develop pertinent information concerning whether the employees inability to provide a specimen is genuine or constitutes a refusal to test. The MRO will make a conclusion in writing to the employer. While this process is being accomplished, the employee shall be placed off duty.

(2) Alcohol testing. The Village will require alcohol testing as described in subsection (d)(2)[b] through (d)(2)[e] of this policy. Two (2) breath tests may be required to determine if a person has a prohibited alcohol concentration. A “screen test” shall be conducted first. Any result less than .04 alcohol concentration is considered a “negative test”. If the alcohol concentration is .04 or greater, a second or “confirmation test” must be conducted after a fifteen (15) minute wait. Both tests shall be by an “evidential breath testing” (EBT) device, that prints out the results, date, time, a sequential test number, name and serial number of the EBT. The alcohol test must be conducted by a “breath alcohol technician” (BAT) who is trained to operate an EBT device and is proficient in all breath alcohol testing procedures. In the event it is not possible to conduct a breath alcohol test using an EBT, a blood or urine alcohol test will be conducted.

Failure of the employee to provide an adequate amount of breath will cause the employee to immediately be referred to the MRO for medical evaluation to develop pertinent information concerning whether the employee’s inability to provide the adequate amount of breath is genuine or constitutes a refusal to test. The MRO will make a conclusion in writing to the employer. While this process is being accomplished, the employee shall be placed off duty.

All employees will be required to take and successfully pass urine drug testing and breath alcohol testing as stated in subsection (2) [a] through [e] of this policy. Refusal to submit to such screening is considered a positive test. The Village will adhere to the following:

[a] Pre-employment: Applicants applying for part-time or full-time employee status may be required to take and successfully pass urine drug tests before they can be hired. No applicant shall start work while these test results are being obtained.

[b] Reasonable suspicion: Any employee suspected of drug or alcohol use as a result of reasonable evidence upon reporting to work, during the work day, or upon completion of his day’s work activity may be subjected to a reasonable suspicion urine drug or breath alcohol test. Refusal to submit to such a screening will be considered a positive test. A reasonable suspicion observation form must be completed and signed by at least one qualified supervisor within twenty-four (24) hours of the observation that led to a reasonable suspicion test.

[c]. Post-accident testing:

1. The Village may require post-accident urine drug and breath alcohol testing of all employees covered by this policy at the discretion of the supervisor and the personnel director/designee.

2. All accidents involving property damage, bodily injury, or injury that could result in a worker’s compensation claim must be reported immediately to the employee’s supervisor. The supervisor must notify the personnel director/designee immediately after the accident, and the safety coordinator by the next business day. A post-accident urine drug test shall be conducted as soon as possible, but not later than thirty-two (32) hours after the accident. If the test is not administered, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly completed. If a breath alcohol test is not conducted within two (2) hours, a record shall be prepared and retained stating why. If in eight (8) hours a breath alcohol test is still not conducted, all attempts shall cease and a complete record made of why it was not accomplished. (See subsection (i)(4) of this policy for disciplinary action that will be taken for failure to report an accident.) In addition, the employee shall not consume any alcohol for at least eight (8) hours following an accident or until a breath alcohol test has been accomplished.

3. As a condition of employment, all employees shall provide the necessary authorization for obtaining medical records and reports that would indicate if a controlled substance or alcohol was in the employee’s system and the level present. Such authorization is to be used for an employee seriously injured and cannot provide a urine specimen or breath alcohol test at the time of the accident.

4. The Village shall provide the employee with sufficient procedures so that the employee can meet the requirements of subsections [c]1 through 3 of this policy.

5. Failure of the employee to be readily available for a urine drug or breath alcohol test or refusal to give a urine or breath sample when the employee has been involved in an accident, except for an employee who meets the conditions of subsection [c]3 of this policy, shall be considered a refusal to take a test or a positive test result.

[d] Return-to-duty testing: An employee who has complied with all the recommendations of the substance abuse professional must successfully pass a urine drug or breath alcohol test prior to return to duty.

[e] Follow-up testing: The MRO may subject an employee to at least six (6) unannounced urine drug or breath alcohol tests in the first twelve (12) months after return to duty.

(e) Test results.

(1) Drug test results. Test results will be reviewed to determine whether there is any indication of controlled substance use.

a. The test results will be released to and reviewed by a medical review officer (MRO). If there is any evidence of a positive result, the MRO will give the person tested an opportunity to discuss the results and provide documentation of legally prescribed medication.

b. The medical review officer will then release the results to the Village’s personnel director/designee, who will maintain them in a secure location with controlled access.

(2) Alcohol test results. Test results for employees covered under this policy shall be provided on a form supplied by the institution performing the EBT. Copy 1 will be retained by the breath alcohol technician (BAT), copy 2 shall go to the employee, and copy 3 shall be transmitted to the employer.

(f) General.

(1) The test results from all drug and alcohol tests will become a part of the employee’s file which shall be in a secured location with controlled access and retained as specified in the said federal regulations or in this policy.

(2) The results will not be released to any unauthorized party without written consent of the employee, except as described in subsections (h)(4) and (5) of this policy.

(g) Employee training program.

Training may be offered by the Village to provide educational information concerning the effects and consequences of drug and alcohol use on personal health, safety and work environment as provided in said federal regulations.

(1) Full-time employees may be required to take at least one (1) hour of training each year on substance abuse and alcohol use, which includes the employer’s policies and procedures, and sign a form certifying their attendance.

(2) Written notice will be given when training is available.

(h) Laws and regulations.

(1) The Village will comply with all federal, state and local laws and regulations concerning any violations of criminal drug and alcohol use in the work place.

(2) Record keeping: all records will be retained at a minimum as listed in the said federal regulations.

(3) An employee is entitled, upon request, to obtain copies of any records pertaining to his use of drugs or alcohol, and test results. Access shall not be contingent upon payment for records other than those requested.

(4) Records shall be made available to a prospective or subsequent employer upon receipt of a written request from the employee or former employee.

(5) The Village may disclose information required to be maintained under this policy on an employee to the decision maker in a lawsuit, grievance, or other proceedings initiated by or on behalf of that employee and arising from the results of an alcohol or controlled substance test required by this policy, or from the employer’s determination that the employee engaged in conduct prohibited by this policy, including but not limited to worker’s compensation, unemployment compensation, or other proceeding related to benefits sought by the employee.

(6) If an employee’s license is revoked or suspended or if an employee is convicted or placed on court supervision for any drug of alcohol related criminal charge, such employee must notify his supervisor and personnel director/designee immediately. Failure to do so may result in disciplinary action.

(i) Disciplinary action.

(1) An employee who violates this policy will be advised by the personnel director/designee of any resources available to the employee in evaluating and resolving problems associated with the misuse of drugs or alcohol.

(2) The first and any subsequent violation of this policy may result in termination or lesser disciplinary action as determined by Village authorities.

(3) a. Prior to being eligible for return-to-duty testing, an employee must be evaluated by a substance abuse professional, who shall recommend any assistance needed. When the employee has complied with all the recommendations of the substance abuse professional, the employee must request the results of the evaluation and notification of release be given in writing to the medical review officer (MRO).

b. The MRO shall then subject such employee to at least six (6) unannounced urine drug tests or breath alcohol tests in the first twelve (12) months after return to duty. Follow-up testing shall not extend beyond sixty (60) months.

c. All records in reference to the referrals, evaluation, return-to-duty and follow-up testing shall be retained for a minimum of five (5) years.

(4) a. An investigation will be done by the personnel director/designee in regard to failure to report an accident as described in the said Anti-Drug Program policy and subsection (d)(2)[e] of this policy.

b. After an investigation has been conducted, if it is determined that an employee or his supervisor was negligent in reporting an accident, the following steps are available to be taken: written warning; suspension up to five (5) days off without pay, except that available vacation, sick and personal days may be used cover any such suspension; termination.

(j) Employee assistance program/responsibility of cost. The Village may, but is not required to, provide an employee assistance program for full-time employees and such employee’s immediate family members who live in the same household in accordance with the following guidelines.

Each full-time employee may receive a list of professionals they may choose to use for rehabilitation. This list is only provided as a courtesy, such employee may use a qualified professional of their own choosing. If such employee does not utilize any such employee assistance program as may be provided by the Village, such employee will be responsible for checking insurance coverage and paying any charges not covered.

(1) The Village will pay for drug and alcohol testing that is required for pre-employment, random, periodic, post-accident, reasonable cause, return-to-duty, and follow-up testing.

(2) The Village will pay any fees in conjunction with services rendered by the medical review officer as described in this policy.

(3) The Village will pay the substance abuse professional’s fee for the initial evaluation after a positive drug or alcohol test.

(4) The employee will pay for all treatment recommended by the substance abuse professional that is necessary for his rehabilitation, over and above that which might be provided in any employee assistance program. All employees covered by the Village’s health insurance may submit claims to the Village’s health insurance provider to help offset his cost incurred during rehabilitation.

(5) The employee will be responsible for any travel expenses incurred as a part of rehabilitation.

(6) After the employee has complied with all the recommendations of the substance abuse professional and has returned to work, the Village will pay for any follow-up drug and alcohol testing.

(7) Paid leave: Employees will be required to exhaust all sick leave, vacation, personal days, and compensatory time away from work for rehabilitation. If the employee qualifies for leave under the Family and Medical Leave Act (FMLA), the employee must exhaust all the paid time referred to in the previous sentence before continuing the leave on an unpaid basis under the FMLA.

(8) Non-paid leave: If an employee is on non-paid leave as the result of anti-drug and alcohol abuse policy, there shall be no accrual of service time, vacation, holidays, sick leave, or other paid leave during such non-paid leave.

(k) Nothing in this policy shall be construed as to abrogate the “at-will” employment status of all Village employees, and any employee may be terminated at any time pursuant to that “at-will” employment status.

 

ARTICLE V – ANTI-DRUG PROGRAM POLICY

VILLAGE GAS DEPARTMENT

12-5-1 Anti-drug program policy – Village Gas Department. The following is the Anti-Drug Program Policy for the Village Gas Department:

I. PURPOSE

This Anti-Drug Program (“Program”) has been established by Louisville Gas Dept., hereinafter the Company, in compliance with the requirements of U.S. Department of Transportation 49 CFR Part 199 (53 FR 47096; Nov, 21, 1988), as amended, which require establishment of an Anti-Drug Plan, and shall be the policy of said Village.

The Company has a vital interest in maintaining a safe, healthful and efficient working conditions for its employees, and for the safety of its customers, An employee with an illegal drug in their system while on the job may pose serious safety and health risks not only to the user, but to all those who work with the user, and to the public. The possession, use or sale of an illegal drug at the workplace is strictly prohibited, and may also pose unacceptable risks at the workplace. It is the intention of the Company to maintain a safe healthful and efficient working environment for all its employees and customers and to protect company property, equipment and operations.

II. POLICY

The Company expects all employees to report to work in a condition fit to perform the duties of their job. While Company does not normally intend to intrude into the private lives of its employees, the Company recognizes that an employee’s off-the-job, as well as on-the-job, drug use can have an impact on the workplace and on the Company’s ability to accomplish its goal of a drug free work environment. Accordingly, the company has adopted the following policy. For purposes of this policy, “covered employees” (those subject to the drug testing requirements set forth herein) are those employees who perform, on a pipeline or LNG facility, any operations, maintenance, or emergency-response function regulated by Parts 192, 193 or 195 of Title 49 of the Code of Federal Regulations. This policy does not cover clerical, truck driving, or accounting functions.

1. Illegal Drugs or Controlled Substances

It is the policy of Company to prohibit the use, manufacture, distribution, and/or possession of any illegal drug or controlled substance on Company premises, and to prohibit employees from reporting to work or working with illegal drugs or controlled substances in their system. Any employee who is found to have engaged in such actions win be disciplined, up to, and including immediate discharge.

2. Substance Abuse Testing

Testing for the presence of illegal drugs will be conducted: (a) pre-employment, (b) on a random basis, (c) based on reasonable cause, (d) post-accident, (e) return-to-duty, and (f) follow-up, as more fully described below.

A. Pre-employment Testing

All applicants for hire for a covered employee position will be required to submit to a pre-employment drug test. A candidate’s application will be rejected if testing shows a confirmed positive for illegal drugs, as interpreted by the Company’s Medical Review Officer (“MRO”).

B. Random Testing

The Company will conduct random testing for all covered employees. including supervising personnel who actually perform covered functions. An employee also includes part time and temporary employees who perform a function described under the definition of a covered employee.

The Random Testing, once begun, will provide for tasting of at least twenty-five percent (25%) of all covered employees to be tested during the first twelve (12) months of Random Testing; with the testing being reasonable spaced over the period, and with the last collection of specimens representative of an annualized rate of at least fifty percent (50%) of covered employees.

The annualized rate for Random Testing following the first twelve months after implementation of this testing, will be no less than fifty percent (50%) of covered employees.

The Company will use the following method to accomplish the Random selection of covered employees.

The Company will provide the names of ail covered employees to its designated drug program service provider. Said service provider will use a system of selecting covered employees to be tested on a random basis using a scientifically valid method, with each covered employee having an equal chance of being tested each time selections are made. The designated service provider will be responsible for conducting the random selection process and drawing the names on an unannounced, random interval basis (Quarterly), to achieve the required percentage rate stipulated in this plan and required by law. The designated service provider will then notify the Company Representative of the random selection, and the Company will direct selected employee to the designated collection site, where employee will present themselves no later than two (2) hours after the time of notification.

C. Reasonable Cause Testing

A covered employee will be required to submit to drug test and based on reasonable cause when there is a reasonable and articulable belief that the employee is using a prohibited drug on the basis of specific, contemporaneous physical, behavioral, or performance indicators of probable drug use which must be confirmed by: (1) If the employer has 50 or more employees subject to tasting, at least, two of the employee’s supervisors, one of whom is trained in detection of the possible symptoms of drug use (which supervisors shall substantiate and

concur in the decision to test an employees, which concurrence may occur by telephone, or (2) if the employer has less than 50 employees subject to testing, at least one supervisor of the employee trained in detecting possible drug use

symptoms,

Reasonable cause must be based on specific, contemporaneous physical, behavioral, or performance indicators of probable drug use. Some circumstances that might require reasonable cause testing are evidence of repeated errors on the job, regulatory or Company rule violations, or

unsatisfactory time and attendance patterns, if coupled with a specific, contemporaneous event that indicates probable drug use.

The employee will be sent to the Company MRO where & medical evaluation will be completed and the specimen collected,

D. Post Accident Testing

Part 199 requires operators to drug test employees whose performance either contributed to an accident or cannot be completely discounted as a contributing factor to the accident. The employee will be tested as soon as possible, but not later than thirty-two (32) hours after the accident, The employee will be sent to the Company MRO where a medical evaluation will be completed and a urine sample will be completed to check for the presence of drugs. If an employee is injured, unconscious or otherwise unable to evidence consent to the drug test, ail reasonable steps will be taken to obtain a urine sample.

An “accident” on a gas pipeline or LNG facility is defined as follows

1, An event that involves a release of gas from a pipeline or of liquefied natural gas or gas from an LNG facility and;

a. A death or persona! Injury necessitating inpatient hospitalization; or

b Estimated property damage, including cost of gas lost, of the operator or ethers, or both of $50,000.00 or more

2 An event that results In an emergency shutdown of an LNG facility.

3, An event that is significant, in the judgment of the operator, even though it did not meet the criteria above,

E. Return to Duty and Follow-Up Testing

Unless some form of unusual extenuating circumstances exist, an applicant or employees who refuses to test or who tests positive for any prohibited drug will either be refused employment or be discharged and shall not be eligible for hire or rehire at any time. However, if unusual circumstances resulted in the Company’s election to hire an applicant for, or allow a recovered employee to return to work after failing s drug test under this program, it is mandatory that the individual first be evaluated face-to-face by a substance abuse professional In addition, the individual must have properly followed any prescribed assistance, and passed a return-to-duty drug test, and a substance abuse professional must have determined that the individual may return to duty, In addition, anyone returned to duty in these circumstances will be subject to unannounced testing for a period not to exceed sixty (60) months, Whether testing is conducted on a daily, weekly, monthly or longer basis is left to the discretion of the MR.O, The number of tests will be determined by the MRO but shall consist of at least six (6) tests in the first twelve (12) months following the employee’s return to duty, Follow-up testing may also include testing for alcohol to be performed in accordance with 49 C.F.R, Part 40, The MRO may terminate the requirement for follow-up testing any time after the first six (6) tests, if the MRO determined follow-up testing is no longer necessary.

If an employee refuses to submit to a drug test of fails a drug test and the MRO determines prohibited drug use was the cause, the Company representative will not knowingly use that individual as an employee and that employee will be subject to disciplinary action,, up to and including, termination.

F. Failure or Refusal to Submit to a Drug Test

if a covered employee or applicant fails or refuses a required drug test, the Company will not hire, promote, transfer, assign, reassign or continue to utilize that individual in any capacity in a covered position, and may at the sole discretion of the Company:

1. Discharge the covered employee or refuse to hire the applicant, or

2 Remove the covered employee from duty or refuse to hire the applicant until he/she satisfactorily completed a rehabilitation program acceptable to the MRO, passed a drug test, and been recommended for return to duty or hire

by the MRO.

3. TESTING PROCEDURES

The Company has designated a collection site for the collection of urine specimens, All collection procedures will be in compliance with the requirements set forth in 49 C.F.R. Part 40. The Company’s collection site is: The service provider that the Village authorities may designate from time to time.

When an employee is required to undergo testing, he or she will report to the collection site. The area in which the specimen is collected shall allow for persona! privacy, unless there is reason to believe the employee may alter or substitute the specimen. The employee win be required to sign a consent or release form authorizing collection of the specimen, analysis for presence of controlled substances, and release of results to the employer.

After the specimen is collected, the collection site person will immediately pressure the temperature of the specimen, The collection site person then will seal and label the specimen and complete all information of the urine custody and control form identifying the specimen.

A. Sample Handling.

The individual being tested shall fee asked 10 read and sign the urine custody and control form certifying that the specimen identified as having been collected from him or her is the specimen he or she provided. Specimens shall b0 shipped in containers designed to minimize the possibility of damage or tampering to the laboratory designated by the particular Company facility.

B. Certification

The laboratories with which the Company contracts to analyze specimens shall be certified under the Department of Health and Human Services “Mandatory Guidelines for Federal Workplace Drug Testing Programs,”‘

C. Screening Test

Each specimen shall be tested twice if the first test is positive, both initial and confirmatory tests shall contain an appropriate number of standards for calibrating the instrumentation and a minimum often percent (10%) controls. Each sample will be tested for the following- marijuana, cocaine, opiates (morphine and codeine), phencyclidine, and amphetamines (including methamphetamine). The initial test shall use an instrumentation which meets the Food and Drug Administration’s requirements for commercial distribution. The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for the five (5) drug classes:

Initial Test

Level (ng/ml)

Marijuana metabolites 100

Cocaine metabolites 300

Opiate rnetabolites 2000

Phencyclidine 25

Amphetamines 1000

 

All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry with cutoffs at the following levels:

Confirmatory Test Level (nq/ml)

Marijuana metabolites 15

Cocaine metabolite 150

Opiates: morphine 2000

Codeine 2000

Acetylmorphine 10

Phencyclidine 25

Amphetamine:.

Amphetamine 500

Methamphetamine 500

D. Reports

The laboratory will report all testing results to the designated MRO in a manner designed to insure confidentiality. Results are not to be provided orally via telephone. All confirmed positive tests will be reviewed by the MRO prior to release. The MRO shall be a licensed physician with knowledge of substance abuse disorders,

The MRO shall review and interpret all positive test results. When a specimen returns from the laboratory with a positive result, the Medical Review Officer is responsible for examining alternate medical explanations for such a result. Prior to making a final decision to verify and positive result, the MRO shall give the involved individual the opportunity to discuss the test result and take other actions consistent with 49 C.F.R, 40.33 to ensure the result should in fact be reported as positive. Upon verification of a positive test result, the MRO will refer to the case to the appropriate member of the Company’s management for disciplinary action,

The MRO will provide the individual an opportunity for an interview, in person or via telephone, with the MRO to discuss the possible reasons for the positive test,

If the individual submits medical records in defense of a positive test result, the MRO will review those records and contact the individual’s physician to answer any questions contained herein.

If any question arises about the accuracy or validity of a positive result, the MRO will review the laboratory records to determine whether the required procedures were followed. This will require collaboration with the testing laboratory director, the analysts, and any expert consultants as the MRO determines necessary.

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All specimens collected by designated collection site will be sent to a

Department of Health and Human Services (DHHS) and NIDA certified !ab.

Testing Laboratory:

The service provider as the Village authorities may

designate from time to time.

The Company representative shall be the Mayor or his designee,

who will be responsible to oversee the Company’s Anti-Drug Program with the emphasis on compliance. The Company representative will work closely with the company management, employees and the MRO to ensure that ah elements of the Program are followed as they pertain to employee testing, training, record keeping and reporting.

4. RELEASE OF TEST RESULTS AND RECORD KEEPING

Individual privacy and confidentiality will be carefully maintained at all times. With the exception of the testing laboratory, MRO, and designated Company representative, the results of individual drug tests will not be released to anyone without the express written authorization of the tested individual, except upon request of RSPA or State agency officials as part of a accident investigation, The Company representative will clearly indicate to each individual prior to testing, who will receive data.

To maintain confidentiality, written record will be stored in locked containers or in a secured location.

Company representatives will not release the employee’s rehabilitation or drug test records to a subsequent employer, unless an employee gives their written consent,

Records will be maintained by the Company Representative for the minimum time frame specified as provided in Part 199,23,

All training records including copies of training material, confirmation of supervisor and employee training will be maintained,

Records that show a positive drug test will contain documentation by the MRO that supports the MRO’s determination of confirmed positive test result, and records will include the MRO’s determination demonstrating rehabilitation,

5. EMPLOYEE ASSISTANCE

The Company has established an employee assistance program designed to help supervisors recognize the behaviors typically exhibited by drug users, and educate and train drivers about the dangers of drug use and abuse. During the course of this training, drivers and supervisors will be educated in: (1) the effects and consequences of controlled substance use on personal health, safely and the work environment; and (2) the behaviors that may indicate controlled substance use or abuse,

The Company will maintain a written record of all such training for drivers and supervisors. Each driver and supervisor will receive at least sixty (60) minutes of training.

The Company will provide for employee education and training in accordance with the following provisions.

All employees will receive annual training on the following subjects and receipt of this training will be documented by the Company representative,

Training will include display and distribution of informational material regarding the subjects below, display and distribution of a community hot-line

telephone number for employee assistance, display and distribution of the Company’s policy regarding the use of prohibited drugs and training in:

A. The effects and consequences of drug abuse on personal health and safety.

B. The effects and consequences of drug abuse in the workplace.

C. The manifestations and behavioral cues of drug abuse.

D. The regulations mandating drug testing and training.

E. The Company’s commitment to a drug-free workplace, including its;

  1. Policy

2 Penalties

3. EAR (to include notification to each employee of a area’s drug help hot line phone number)

4. Training and education

F. The provisions of this Plan; and

G. Employee rights of privacy aid disclosure of testing results,

This training will be of a forma! classroom nature and will be supplemented throughout the year with information posters, flyers, etc., on the hazards and effects of drug abuse.

In addition to the above annual training, supervisory personnel will receive an additional one hour of training, including the following:

A. The physical, behavioral, and performance indicators of probable drug use,

B. The profile of an at-risk employee,

C. The impact of drugs in the workplace and h society;

D. Methods for communicating the Company’s Anti Drug Plan;

E. Methods for confronting suspected drug abusers that lead to drugtesting and appropriate corrective action; and

F. Confidentiality and how it applies to the Anti-Drug Plan,

Implementation

In keeping with its commitment for a drug free workplace, the Company will implement the provisions of the Plan and its anti-Drug Program on or before January 1, 2009.

DEFINITIONS

1. Employee- means any person who performs on a pipeline on LNG facility an operating, maintenance or emergency-response function regulated by 49 C.F.R, parts 192,193 or 195. Such persons may be employed directly by the operates,

or by a contractor engaged by the operator.

2. LNG Facility – means a pipeline facility that is used for liquefying or solidifying

natural gas or synthetic gas or transferring, storing, or vaporizing liquefied nature! gas.

3. Pipeline – means all parts of those physical facilities through which gas or

hazardous liquid moves in transportation, including valves, pipe, compressor or pumping units, metering stations, regulator stations, fabricated assemblies, and breakout tanks.

4 Pipeline Facility – means new and existing pipelines, rights-of-way, and any

equipment, facility, or building used in the transportation of gas or hazardous liquid or in the treatment of gas during transportation.

The following are some pipeline activities that make a person eligible for drug testing:

Performing leakage surveys or electrical surveys

Monitoring cathodic protection

Welding or radiographing pipeline repairs

Inspecting and testing pressure limiting devices

Classifying notices of leaks as an emergency

Notifying fire police, and other appropriate public officials of pipeline emergencies, and coordinating actual responses during an emergency

Marking pipelines in response to a one-call system notice

Monitoring odorization of gas

Controlling gas or hazardous liquid flow or pressure in a pipeline

An individual, company or organization with whom the company has a written or verbal contract for services and all their covered employees are required to be subject to drug testing. Contract company employees will be required to be tested under this plan, or under their own company plan that meets Federal regulations, which includes: pre-employment, random, post accident, reasonable suspicion, and return-to-work testing.

Sample Donor Instructions (effective January 1, 2009 )

The collection, of a urine specimen will be conducted via procedures that allow for individual privacy unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided. The collection site person will take precautions to ensure that your specimen is not adulterated or diluted during the collection procedure. Your specimen collected must also follow strict chain of custody and security procedures. In addition:

Photo identification (e.g., driver’s license, Agency badge) must be presented at the collection site.

You will be asked to remove any unnecessary outer garments. Such as coat or jacket and to empty the contents of your pockets prior to performing the collection, All personal belongings like- purses or briefcases will remain with the outer garment. You may retain your wallet.

You will be instructed to wash and dry your hands prior to providing a specimen.

The collection site person working with you will be of the same gender as yourself during an observed collection.

Your specimen will be provided in the privacy of a stall or otherwise partitioned area that allows for individual privacy, unless otherwise indicated.

After handing the specimen bottle to the collector, you should keep the specimen in full view at all times until it is sealed and labeled. This protects you against the wrong label being put on your bottle or someone possibly tampering with your specimen.

The temperature of your specimen will be taken, within four minutes. Please provide the specimen to the collector as soon as possible so that an accurate temperature can be attained.

If the collector has reason to believe that you may have altered or substituted the specimen, the collector must collect a second specimen under direct observation by a same gender collector. This will be reported to a collection supervisor and to your designated employer representative as soon as possible.

You will be asked to initial the identification label on the specimen bottle for the purpose of certifying that it came

from you.

Your sample will be tested for: Cannabinoid, Cocaine, Amphetamines, Opines, and Phencyclidine (P.C.P.) in the case of a DOT test, Non-mandated tests may allow for testing of additional substances.

If, after laboratory analysis, the specimen, is found to contain any drugs of abuse, the results will be disclosed only to your company’s Medical Review Officer (MRO). Prior to making a final decision to verify a positive test result. The MRO shall give you an opportunity to discuss the test result and submit medical documentation of legally prescribed medication.

Records concerning your collection and testing are covered under the privacy Act 5 U.S.C, 522. Employee records shall be maintained and used with the highest regard for your privacy.

Note: any employee upon written request, has access to any records relating to his or her drug tests. The results of a drug test may not he disclosed without your prior written consent, unless it is to:

Your Medical Review Officer

The Administrator of any Employee Assistance Program in which you are receiving counseling or treatment or are otherwise Participating.

A management official having authority to take adverse personnel action against you.

Defend the U S. Government against any challenge against adverse personnel action.

If you have any concerns or questions about the collection process, you should immediately bring them to the Attention of your supervisor, on-site collection coordinator, or Company Drug Program Coordinator.

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