256.35 DRUG-FREE SAFETY POLICY.
   (a)   The City of Avon is committed to protecting the safety and health of all employees and maintaining a safe alcohol and drug-free workplace which promotes high standards of employee health. To achieve this, the municipality considers the abuse of drugs or alcohol on the job to be an unsafe and counterproductive work practice.
   In order to ensure that the workplace is free from drugs and/or alcohol, the City makes the following statements of policy;
      (1)   As a core value, the City demonstrates a commitment to safety by implementing this Drug-Free Safety Policy.
      (2)   Employees will be actively involved in the safety process and take personal responsibility for their safety as well as the safety of their co-workers.
      (3)   The City policy statements supplement, and do not detract from or otherwise modify any obligations imposed by local, state, or federal law. Any portion or component of this Drug-Free Safety Policy which is found to be in conflict with any local, State, or Federal law shall render that portion or component null and void, but shall not invalidate the other provisions of this policy.
      (4)   Whether an employee is on or off duty, the City prohibits the illegal use, manufacture, distribution, sale, or possession of narcotics, drugs, or controlled substances (including inhalants containing controlled substances) on City property or in City vehicles. Such use may result in discharge.
      (5)   The use of prescription drugs to the extent that job performance, mental and/or motor functions or safety is compromised is prohibited, If an employee is unable to safely perform his or her job responsibilities or believes that the use of prescription drugs may affect his or her ability to perform the job, the employee must notify the supervisor and/or Human Resources and reasonable accommodations will be made to the extent necessary and possible. However, if a reassignment is not possible, the employee may be placed on temporary medical leave until released as fit for duty by the prescribing physician. An employee may be disciplined for failure to properly report the use of prescribed substances. Discipline in this area will be determined on an individual basis.
      (6)   Whether an employee is on or off duty, the city prohibits the unauthorized use of alcoholic beverages on employer's property or in city vehicles. Such use may result in discharge.
      (7)   Any use of alcohol that adversely affects an employee's job performance is not acceptable and may result in disciplinary action up to and including termination.
      (8)   This Drug-Free Safety Policy reflects the current views of the City and its elected leadership. However, the City reserves the right to modify, change, or update this policy as it may deem necessary or as required by law, provided that adequate notice of such change is made to all employees.
   The City hereby emphasize and commits that, in accordance with the Drug-Free Workplace Act of 1988, the City adopts the following Drug-Free Safety Program, (DFSP) implementing the provisions contained herein. The DFSP is a safety program that focuses on alcohol and drug use that can compromise work place safety.
   (b)   Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:
      (1)   “Accident.” An unplanned, unexpected or unintended event which occurs on municipal premises during the conduct of City business outside the scope of “common work related hazards”; or during working hours; or which involves City-supplied motor vehicles or motor vehicles used in conducting the City's business; or within the scope of employment, and which results in any of the following:
         A.   A fatality of anyone involved in the accident.
         B.   Bodily injury requiring off-site medical attention away from City premises.
         C.   Moving violation.
         D.   Vehicular damage.
         E.   Non-vehicular damage.
      (2)   “Accident analysis.” The process of documenting the causal factors which contributed to the incident/accident and the preventive measures to be implemented once identified.
      (3)   “Adulterated specimen.” A sample that contains a substance that is not expected to be present in human urine.
      (4)   “Collection facility/site.” Approved location for employees to provide a specimen.
      (5)   “City premises.” As used in this section includes all property, facilities, land, buildings, structures, automobiles, trucks and other vehicles owned, leased or used by the City.
      (6)   “The Department of Health and Human Services (DHHS).” The principal agency for protecting the health of all Americans. The agency has a division which is responsible for establishing the standardized drug testing procedures. This division is known as SAMHSA.
      (7)   “Designated employer representative.” An employee authorized by the employer to take immediate action(s) to remove or cause employees to be removed from safety-sensitive duties and to make decisions required in the testing and evaluation process. The DER receives test results and other communications for the employer consistent with 49 CFR Part 40. This person is also known as the DFSP Administrator, DFSPA.
      (8)   “Diluted samples.” A urine specimen that has a creatinine of less than 20 g/dl and a specific gravity of 1.003 or less, which means that drugs may go undetected.
      (9)   “Drug-Free Safety Program Administrator” An employee authorized by the employer to take immediate action(s) to remove or cause employees to be removed from safety-sensitive duties and to make decisions required in the testing and evaluation process. The DFSPA receives test results and other communications for the employer consistent with 49 CFR Part 40. This person is also known as the Designated Employer Representative, DER.
      (10)   “Drug metabolite.” The specific substance produced when the body breaks down a given drug as it passes through the body and is excreted in the urine.
      (11)   “Employee” Individuals who perform work for the City, including but not limited to management, sales agents, drivers, craft workers and clerical personnel.
      (12)   GC/MS (gas chromatography/mass spectrometry).” A state-of-the-art test used to confirm the presence and amount of an identified drug metabolite in a urine specimen. This test ensures that over-the-counter drugs are not reported as positive results and is virtually 100% accurate.
      (13)   “MRO (Medical Review Officer).” A licensed physician responsible for receiving laboratory results and determining if there is a medical explanation for the presence of drug metabolites in the donor's urine specimen.
      (14)   “Negative drug test.” A test acceptable for employment which is below the cut-off limits developed by the U.S. Department of Health and Human Services.
      (15)   “Positive drug test.” A test which exceeds the cut-off limits within the established guidelines developed by the U.S. Department of Health and Human Services or one that is tampered with in any way (adulterated specimen).
      (16)   “Prohibited substances.” Prohibited substances include illegal drugs, (including controlled substances, look-alike drugs and designer drugs) and alcoholic beverages in the possession of or being used by an employee on the job.
      (17)   “Re-analyze.” A challenge of a positive drug test.
      (18)   “Reasonable cause.” Reasonable cause shall be defined as excessive absenteeism or tardiness, slurred speech, alcohol smell and erratic behavior such as noticeable imbalance, incoherence and disorientation.
      (19)   “Refusal to submit.” Refusal to submit to an alcohol or drug test means that an employee: (1) fails to provide adequate breath for alcohol testing without a valid medical explanation; (2) fails to provide an adequate urine sample without a genuine inability to provide a specimen with a valid medical explanation; (3) fails to remain readily available for a post-accident test; (4) engages in conduct that otherwise obstructs or unnecessarily delays the testing process; or (5) refuses to consent or participate in any steps of the testing process.
      (20)   “Retest.” Testing required in order to return an employee to work after a positive alcohol or drug test and proper procedural steps have been taken.
      (21)   “SAMHSA.” Substance Abuse and Mental Health Services. The agency was established in 1992 and directed by Congress to effectively target substance abuse and mental health services to the people most in need and to translate research in these areas more effectively and more rapidly into the general health care system.
      (22)   “SAMHSA certified (also referred to as DHHS certified).” The Substance Abuse and Mental Health Services Administration certifies laboratories to analyze drug screens through extensive performance testing and on-site inspections as part of the Department of Health and Human Services (DHHS).
      (23)   “Split sample.” A sample taken at the collection site separated into two samples consistent with approved methodologies of the Department of Health and Human Services.
      (24)   “Under the influence of a prohibited substance.” Means the following:
         A.   Alcohol. Alcohol concentration level as measured by blood or breath tests.
         B.   Other prohibited substances. Positive results based on the following thresholds for urine split sample testing. Levels for other prohibited substances shall be in accord with accepted GC/MS quantitative procedures as recommended by the Federal Government Standards. Below are the new cut-off levels/thresholds as of October 1, 2010:
Substance-Test Analyte
Initial Screen Threshold (ng/ml)
Confirmatory Test Threshold (ng/ml)
Substance-Test Analyte
Initial Screen Threshold (ng/ml)
Confirmatory Test Threshold (ng/ml)
I
Marijuana
50
15
II
Cocaine
150
100
III
Opiates
2,000
2,000
IIIa
6-Acetylmorphine
10
10
IV
Phencyclidine
25
25
V
Amphetamines
500
250
VI
MDMA (Ecstasy)
500
250
VII
Barbiturates
300
300
VIII
Benzodiazepines
300
300
IX
Methadone
300
300
X
Propoxyphene
300
300
XI
Methaqualone
300
300
 
         C.   The City may test for the following prohibited substances:
            1.   K2 (synthetic cannabinoid)/tested by LC/MS/MS
            2.   Bath salts: tested by HPLCO-MS/MS
   (c)   Drug Testing. To provide a means to deter and detect substance abuse and to ensure that employees are fit for duty, employees shall be required to submit to drug and alcohol testing.
   The City shall adopt and incorporate the guidelines of the Department of Health and Human Services, DHHS, “Mandatory Guidelines for Federal Workplace Drug Testing Programs”, and subsequent amendments hereto. These guidelines shall be administered by a third party administrator engaged on behalf of the City. The third party administrator shall adopt procedures for the following: split specimen collection procedures, chain-of-custody procedures, laboratory qualifications, testing methodologies, quality control procedures, and reporting requirements.
   Drug testing will be performed under the following circumstances for every City employee:
      (1)   New hire drug testing. All applicants, (100%), being considered for employment, will be subject to a new hire drug test. “New hire” is defined as a worker who has not been employed by the City in the previous 12 months. The City may employ the applicant until the initial drug screen results are received. Testing the candidate will occur pre-hire or within the first 90 days of employment. If the applicant tests positive, he or she will be eliminated from consideration for employment and will be terminated immediately.
      (2)   Reasonable suspicion testing. Reasonable suspicion testing, sometimes referred to as “probable cause” testing, will occur when the City has reason to believe that an employee may be in violation of this policy. The suspicion will be documented in writing prior to the release of test findings. A reasonable suspicion test may occur when;
         A.   Observed behavior, such as direct observation of drug/alcohol use or possession and/or physical symptoms of drug and/or alcohol use.
         B.   A pattern of abnormal conduct or erratic behavior.
         C.   Arrest or conviction for a drug-related offense, or identification of an employee as the focus of a criminal investigation into illegal drug possession, use or trafficking. The employee is responsible for notification to the City, within five working days, of any drug-related conviction.
         D.   Information provided either by reliable and credible sources or independently corroborated regarding an employee's substance use.
         E.   New evidence that an employee tampered with a drug or alcohol test.
         F.   Observation of symptoms of drug and /or alcohol use, including but not limited to:
            1.   Low productivity
            2.   Impaired decision making
            3.   Increased accidents
            4.   Absenteeism
            5.   Slurring of speech
            6.   Odor of alcohol or marijuana
   Reasonable suspicion testing does not require certainty, but mere “hunches” are not sufficient to justify testing. To prevent this, all managers/supervisors will be trained to recognize drug and alcohol-related signs and symptoms. Testing may be for drugs or alcohol or both.
      (3)   Post-Accident Testing.
         A.   Post-accident testing will be conducted whenever an accident occurs, regardless of whether there is an injury or the employee is at fault. An “accident” is considered an unplanned, unexpected or unintended event that occurs and results in any of the following:
            1.   A fatality of anyone involved in the accident;
            2.   Bodily injury to the employee and/or another person that requires off-site medical attention away from the City's place of employment;
            3.   Vehicular damage is in apparent excess of five hundred dollars ($500.00); or
            4.   Non-vehicular damage is in apparent excess of two thousand five hundred dollars ($2,500.00).
         B.   When such an accident results in one of the situations above, any employee who may have contributed to the accident will be tested for drug or alcohol use or both. When an accident results in one of the situations above, an accident analysis must be conducted and documented on the Bureau of Workers' Compensation's (BWC’s) accident analysis form.
      (4)   Return-to-Duty (Work) Testing. Return-to-duty testing is a one-time, announced test that is administered when an employee who has tested positive and has completed the Substance Abuse Assessment is ready to return to the workplace. The test is also administered for employees who have completed a treatment program for substance abuse. This test could also be conducted for any employee who has been absent for an extended period of time. This test must be negative for the employee to return to work.
      (5)   Follow-up Testing after a Return to Duty Test. This test occurs when an employee has previously tested positive and the decision is made to retain the employee under a “last-chance” agreement. A negative return-to-duty test is required before the employee will be allowed to return to work. If the employee fails this test, this will lead to the discontinuation of employment. Once an employee passes the return-to-duty drug and/or alcohol test and returns to work, management may choose to do additional unannounced tests for as long as deemed necessary. Any employee with a second positive test result will be disciplined up to and including termination from employment. Follow-up tests will be unannounced and may occur at any time for a time period that management considers reasonable. The intent is to deter any subsequent usage that would result in a violation of this Policy and termination of employment.
      (6)   Annual or Periodic Testing. All existing City employees that drive a City vehicle (automobile, truck and other vehicles owned, leased or used by the City) will be subject to drug testing during the time period this Policy is implemented to ensure the safety of all employees and the residents of the City. During the first year of implementation of this policy, all applicable employees will be subject to drug testing, thereafter, random testing shall not exceed 50% of said employees. Random selection will be conducted using acceptable objective and non-discriminatory computer-generated methods for random selection. Positive drug test results not resolved with the City's third-party administrator may result in employee discharge. Employees refusing to submit to testing under these circumstances or having adulterated samples will be disciplined up to and including discharge.
      (7)   Testing as a Condition for Promotion. Employees being promoted to a managerial position or safety-sensitive position will be subject to a drug test before the promotion is granted.
      (8)   Testing of Employees Who Are Minors. All employees and applicants under the age of 18 are required, as a condition of employment, to secure a Parental Consent Form authorizing the drug testing as outlined herein to be performed on the minor employee. Failure to secure this form shall be interpreted as a refusal to submit to drug testing and constitute grounds for termination.
   (d)   Administration.
      (1)   The Mayor or the Mayor's designee will serve as the DFSP Administrator and Designated Employer Representative, (DER). It will be the Administrator's responsibility to see that the DFSP is implemented, monitored and updated as needed. The Administrator will serve as the City liaison between and among management, the employee and any third party. The Administrator is the primary recipient of the drug and alcohol test results.
      (2)   The City shall submit to the third party administrator a list of all employees to include full name, address, city, state, zip code, phone number, and a unique identification number, (the last four digits of their Social Security number can be submitted provided the employee agrees). Additionally, each time the City desires to hire an employee, the third party administrator shall be contacted for scheduling of the pre-employment drug test.
      (3)   The City specifies that only laboratories approved by the Department of Health and Human Services (DHHS) through the Substance Abuse and Mental Health Services Administration (SAMHSA), shall be used to perform substance abuse testing.
      (4)   To ensure accuracy and fairness of this testing program, the third party administrator shall conduct testing consistent with SAMHSA guidelines. Drug testing will include a screening test of the urine sample; a confirmation test by gas chromatography/mass spectrometry (GC/MS); the opportunity for a split sample; review by a Medical Review Officer, including the opportunity for employees testing positive to provide a legitimate medical explanation, such as a physician's prescription, for the positive test; and a documented chain of custody. Breath alcohol test will also consist of a screening test with a confirmatory evidentiary breath test (EBT) for alcohol if applicable.
      (5)   A strict chain of custody will be adopted. Procedures established by DHHS, the U.S. Department of Transportation, (DOT), and Federal Motor Carrier Safety Administration, (FMCSA) will be utilized.
      (6)   The City has determined that the following drug/metabolite in urine shall not exceed these levels in non-federal testing:
Substance-Test Analyte
Initial Screen Threshold (ng/ml)
Confirmatory Test Threshold (ng/ml)
Substance-Test Analyte
Initial Screen Threshold (ng/ml)
Confirmatory Test Threshold (ng/ml)
I
Marijuana
50
15
II
Cocaine
150
100
III
Opiates
2,000
2,000
IIIa
6-Acetylmorphine
10
10
IV
Phencyclidine
25
25
V
Amphetamines
500
250
VI
MDMA (Ecstasy)
500
250
 
      (7)   The City adopts a 0.08 breath alcohol concentration as the level considered to be a verified positive test for alcohol. For the purposes of this Policy, a result of 0.04 or higher, but less than 0.08, shall be considered a prohibited concentration of alcohol at the work place and may result in discipline. A positive test shall mean 0.08 or greater for alcohol.
   (e)   Specimen Collection Procedure.
      (1)   Trained collection personnel who meet standards for urine collection and breath alcohol testing will conduct urine specimens and breath testing. Confidentiality is required from all collection sites and laboratories hired under this program. Employees are permitted to provide urine specimens in private, but subject to strict scrutiny by collection personnel so as to avoid any alteration or substitution of the specimen. Breath alcohol testing will likewise be done in an area that affords the individual privacy. In all cases, there will only be one individual tested at a time.
      (2)   Failure to appear for testing when scheduled shall be considered refusal to participate in testing. This will subject an employee to the range of disciplinary actions as if the employee tested positive, up to and including termination, and an applicant to the cancellation of an offer of employment. An observed voiding will only occur if there is grounds for suspecting manipulation of the testing process.
   (f)   Review of Test Results. To ensure that every employee who is tested is treated fairly, the City's third party administrator shall employ a Medical Review Officer (MRO). The MRO responsibilities include the following:
      (1)   Receive confirmed positive results from the laboratory.
      (2)   Request, if necessary, quantitative description of test results.
      (3)   Review and interpret positive laboratory results.
      (4)   Review and interpret questionable laboratory results (adulterated specimens, etc.).
      (5)   Inform tested individual and provide test results.
      (6)   Conduct a medical interview with the tested individual.
      (7)   Review the individual's medical history and/or any other relevant biomedical factors.
      (8)   Provide the tested individual an opportunity to discuss the test results.
      (9)   Order a re-analysis of the original sample specimen at a certified laboratory.
      (10)   Consult with laboratory officials.
      (11)   Do not receive urinalysis results that do not comply with mandatory guidelines.
      (12)   Do not declare as positive any opiate-positive urine without “clinical evidence.”
      (13)   Determine whether a result is scientifically insufficient.
      (14)   Determine whether a result is consistent with legal drug use.
      (15)   Forward results of verified positive test to EAP and management officials empowered to recommend or take administrative action.
   (g)   Employees' Rights after a Positive Test Result.
      (1)   An employee who tests positive under this program will be given an opportunity to explain the findings to the MRO prior to the issuance of a positive test result to the City's DER. Upon receipt of a confirmed positive finding, the MRO will attempt to contact the employee by telephone or in person. If contact is made by the MRO, the employee will be informed of the positive finding and given an opportunity to rebut or explain the findings. The MRO can request information on recent medical history and on medications taken within the last 30 days by the employee.
      (2)   If the MRO finds support in the explanation offered by the employee, the employee may be asked to provide documentary evidence to support the employee's position (for example, the names of treating physicians, pharmacies where prescriptions have been filled, etc.). A failure on the part of the employee to provide such documentary evidence will result in the issuance of a positive report by the MRO with no attendant medical explanation. A medical disqualification of the employee will result. If the employee fails to contact the MRO as instructed, the MRO will issue a positive report to the City. An employee who tests positive may appeal the test through a re-test of the original specimen by another SAMHSA certified laboratory selected by the MRO at the employee's expense.
   (h)   Reporting of Results. All test results will be reported to the MRO prior to the results being issued to the City. The MRO will receive a detailed report of the findings of the analysis from the testing laboratory. Each substance tested for will be listed along with the results of the testing. The City's DER will receive a summary report, and this report will indicate that the employee passed or failed the test All of these procedures are intended to be consistent with the most current guidelines for Medical Review Officers, published by the Federal Department of Health and Human Services.
   (i)   Storage of Test Results and Right to Review.
      (1)   All records of drug/alcohol testing will be stored separately and apart from the employee's general personnel documents. These records shall be maintained under lock and key at all times. Access is limited to designated City officials. The information contained in these files shall be utilized to properly administer this program including dissemination to certifying agencies for review as required by law. Designated City officials that shall have access to these records are charged with the responsibility of maintaining the confidentiality of these records. Any breach of confidentiality with regard to these records may be an offense resulting in termination of employment.
      (2)   Any employee tested under this Policy has the right to review and/or receive a copy of their own test results. An employee may request from the DER, in writing, presenting a duly notarized Employee Request for Release of Drug Tests Results form, requesting that a copy of the test be provided. The City will use its best efforts to promptly comply with this request and will issue to the employee a copy of the results personally or by U.S. Certified Mail, return receipt requested.
   (j)   Positive Test Results.
      (1)   Employees who are found to have a confirmed positive drug or alcohol test will be immediately taken off safety-sensitive duties and are subject to discipline up to and including termination. The following outline represents the general framework of discipline for employees who have confirmed positive drug or alcohol test and who are not employed in safety-sensitive duties:
         A.   If an employee tests positive, other than through pre-employment or new hire testing, the following discipline takes place:
            1.   The employee signs a pledge to remain drug and/or alcohol free.
            2.   He or she be suspended from work up to 30 days.
            3.   He or she must submit to an assessment from a substance abuse professional.
            4.   He or she must pass a return to work drug and/or alcohol test.
            5.   He or she will be subject to additional (unannounced) follow-up drug and/or alcohol tests for a period the DFSP Administrator/ DER deems necessary but no less than four tests over 12 months.
         B.   If an employee tests positive for a second time, the employee is summarily dismissed and cannot return to work for a period of at least one year.
      (2)   In the event an employee's urine specimen is confirmed dilute, the employee will provide another urine specimen as soon as possible for analysis.
   (k)   Termination Notices. In those cases where substance-testing results in the termination of employment, all termination notices will list “misconduct” as the reason. Termination shall be deemed “For Cause” and “Violation of City Policy”.
   (l)   Arrests and Convictions.
      (1)   The arrest of any employee for a drug-related offense may be subject to a reasonable suspicion drug test.
      (2)   If an employee is convicted of a drug-related offense, the employee must notify his or her supervisor no later than five days after the conviction. Failure to do so will result in discipline up to and including termination.
      (3)   Conviction of an employee for any drug-related criminal felony will result in discharge.
   (m)   Employee Rehabilitation/Employee Assistance.
      (1)   The City is committed to offering assistance and rehabilitation to employees with a substance problem. We are supportive of employees taking action on their own behalf to address a substance problem. Depending on the circumstances of each particular situation, the City may offer a second chance to employees who are willing to do something about their problem.
   Such circumstances may include employees who seek assistance before violating any City policy or employees who test positive for drugs or alcohol and are concerned about a substance issue.
      (2)   The DFSP Administrator will meet with the employee and provide information of available employee-assistance services. It is important for the employee to come to an understanding regarding the extent of the problem in order to correct the problem and be able to avoid usage in violation of the City policy. If an employee is willing to actively engage in resolving the substance use problem, the City will refer the employee to providers for an assessment and treatment if necessary and work with the employee to help him or her retain his or her employment.
      (3)   If an employee is a repeat offender or is found to have committed a serious offense (i.e., manufactured, distributed or dispensed controlled substances on City property or while on City business) or tests positive while working, giving rise to a potentially serious safety issue, the employee will be terminated immediately. Otherwise, the City may, at its discretion, retain the employee. If the employee is not terminated, the employee will be required to meet with a substance abuse professional and comply with his or her recommendations.
      (4)   The City will be informed whether the employee is attending sessions and actively participating in any recommended programs. An employee who has not been terminated and who participates in and completes assessment and treatment to the satisfaction of the substance abuse professional will be allowed to return to work. The employee will be subject to signing a “second chance” or “last chance” agreement acknowledging that a second violation of this policy may result in immediate termination of employment. The employee will be tested prior to being allowed to return to work and at various times afterward as outlined in division (j) the Positive Test Results section of this Policy.
      (5)   This Drug and Alcohol Policy reflects the current views of the City and its management. However, the City reserves the right to modify, change, or update this policy as it may deem necessary or as required by law, provided that adequate notice of such change is made to all employees. Below is a list of local employee assistance programs employees may voluntarily contact for controlled substance and or alcohol counseling:
         Local EAP for drug and/or alcohol counseling:
         A.   Check with your health insurance provider.
         B.   Nationwide Addiction Assistance Help line - 1-800-559-9503.
         C.   On the web: www.samhsa.gov: go to treatment locator.
         D.   A Center for Addiction Treatment - 1-800-515-8165.
         E.   Pathways to Recovery - 1-800-417-6237.
         F.   Recovery Resources - 1-216-431-4131.
         G.   Laurelwood Counseling Centers - 1-216-595-0500.
         H.   Community Action Against Addiction - 1-216-881-0765.
         I.   Community Challenge - 1-440-331-3838.
         J.   Oakview at Southwest General - 1-440-816-8200.
         K.   Concern EAP -1-216-663-3287.
         L.   University Hospitals Counseling Center - 1-440-953-3000.
         M.   Tri-County Employee Assistance - 1-330-762-7908.
         N.   Kaiser Behavioral Health - 1-216-524-7377.
   (n)   BWC DFSP Safety Components. The Ohio BWC DFSP safety elements are essential for an effective safety culture. The following elements will be incorporated into the administration of this program.
      (1)   Safety review (DFSP - 2): A safety review must be completed and submitted online within 30 days of the start of each program year. The purpose of the safety review is to help the City identify strengths and weaknesses in the current safety culture.
      (2)   Safety Action Plan (DFSP - 5). The safety action plan outlines the steps the City intends to implement and identify the accomplishments during the remainder of the program year. Employers participating at the advanced level must complete and submit the safety action plan outlining the steps they intend to implement/accomplish during the remainder of the program year. Employers at the basic level are not required to submit an action plan, however they should consider the benefits of completing one to monitor progress and improvements to their safety processes.
      (3)   Accident Report (DFSP - 1). A report that must be completed which includes an accident analysis for each approved workers' compensation claim that occurs. This report must be completed and submitted to the BWC within 30 days of an approved claim. To prevent future accidents, accident analysis training and accident reporting help identify accidents’ root causes and appropriate corrective actions. Employers must complete an accident analysis for each approved workers’ compensation claim that occurs while the employer is in the program. The employer must complete and submit this report to the BWC within 30 days of an approved claim.
   (o)   Training. Training is an essential component to this program. All training must be conducted under the supervision of a substance abuse professional. The training curriculum must be reviewed at least annually by the substance abuse professional (SAP) and approved before used. Any changes in policy or program must be incorporated into the training prior to the change implementation.
      (1)   Supervisor training.
         A.   Each supervisor and management representative under the employment of the City shall participate in supervisor level drug-free workplace training. The training shall at a minimum cover:
            1.   Behavioral observation aimed at detecting when an employee may be in violation of the employer's DFSP policy and require an intervention before there is an incident/accident/injury.
            2.   Documentation of the behavior that suggests reasonable suspicion and justifies an intervention.
            3.   Appropriate and professional confrontation of the behavior that suggests a possible violation of the employer's DFSP policy before there is an incident/accident/injury.
            4.   How to make referrals for testing.
            5.   How to make referrals for assistance including a substance assessment.
            6.   The appropriate discipline, if applicable.
         B.   Supervisors are required to participate in initial training followed by annual refresher training. Training for supervisors will be conducted under the direct supervision of an Occupational Safety and Health Professional authorized to teach under the guidelines of this program. Supervisor training is in addition to employee training.
      (2)   Employee training. Each employee, including supervisors, shall participate in the City sponsored employee drug-free safety training. This training, at a minimum, shall include a review of the City policy, substance abuse in the workplace and community treatment programs. Consistent with the Ohio BWC, DFSP, employees will be required to participate in an initial training followed by annual refresher training. Training for non-supervisory employees will be conducted under the direct supervision of a Certified Occupational Safety and Health Professional.
   (p)   Designated Health Care Providers.
      (1)   Pre-placement, post-accident, reasonable suspicion:
         Emergency Department
         EMH ER-Avon
         1997 Healthway Drive
         Avon, OH
         (440) 988-6660.
      (2)   On site testing (planned pre-placement or random testing);
         Safety Controls Technology
         5075 Taylor Road
         Bedford Heights, OH 44128
         (216) 587-3000
         Contact: Gail Grueser, SAP
      (3)   TPA and Substance Abuse Assessment Services:
         Safety Controls Technology
         5075 Taylor Road
         Bedford Heights, OH 44128
         (216) 587-3000
         Contact: Gail Grueser, SAP
(Ord. 60-07. Passed 5-30-07; Ord. 62-11. Passed 6-27-11; Ord. 1-12. Passed 1-9-12; Ord. 137-15. Passed 10-13-15.)