(a) Purpose. The City regards the illegal use of drugs and the abuse of alcohol as serious problems. In addition to achieving compliance with the Federal Drug Free Workplace Act of 1988 and the Ohio Drug-Free Safety Program, it is the purpose of this policy to create an alcohol and substance-abuse free workplace, which will enhance the health, safety, security and performance of the employees of the City.
(b) Policy.
(1) The use, sale, manufacture, distribution, dispensation, or possession of unauthorized or illegal drugs on City property is absolutely prohibited. Reporting to work or working while under the influence of alcohol or illegal drugs is also prohibited. Violation of this policy will result in disciplinary action up to and including termination.
(2) It is the City’s intention to apply federal law as it applies to all employees, union and non-union. The City shall address problems associated with having on-duty employees under the influence of alcohol or illicit drugs and the obligation of the City to deal with these problems pursuant to the Federal Drug Free Workplace Act of 1988, the regulations thereunder, the Federal Omnibus Transportation Testing Act of 1991, and any other federal or state laws or regulations requiring substance abuse testing. However, where a direct conflict between this policy and a collective bargaining agreement exists, the parties shall meet and confer to resolve any conflicts. Discipline shall be enforced according to the terms of the collective bargaining agreement.
(c) Reasonable Accommodations. Except as otherwise set forth herein, the City recognizes that some prescription medications and medical marijuana may affect judgment, coordination, and physical ability but that such prescription medications and/or medical marijuana have been prescribed by a licensed physician specifically to meet the needs of the employee. Employees who present evidence of a medical condition requiring the use of prescription medications or medical marijuana which otherwise might violate the terms of the City’s Drug Free Workplace Policy may be entitled to reasonable accommodations in accordance with the Americans with Disabilities Act.
(Ord. 22-108. Passed 7-11-22.)