The following policy is hereby adopted by this Council for drug and alcohol testing of City employees:
(a) Drug/alcohol testing may be conducted on employees at times of pre- employment or upon reasonable suspicion. Reasonable suspicion that an employee used or is using a controlled substance or alcohol may be based upon, but not limited to:
(1) Observable phenomena, such as direct observation of drug or alcohol use of possession and/or the physical symptoms of being under the influence of a drug or alcohol;
(2) A pattern of abnormal conduct or erratic behavior, including abnormal leave patterns;
(3) Arrest or conviction for drug or alcohol-related offense, or the identification of an employee as the focus of a criminal investigation into alleged drug or alcohol possession, use, or trafficking.
(4) Evidence that an employee has tampered with a previous drug test;
(5) Facts or circumstances developed in the course of an authorized investigation of an accident or unsafe working practice.
(b) This testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings. Under no circumstances may the results of drug screening or testing be released to a third party for the use in a criminal prosecution against the affected employee. The following procedure shall not preclude the City from other administrative action but such actions shall not be based solely upon the test results. Refusal to submit to the testing provided for under this Agreement may be grounds for discipline, up to and including termination.
(c) Alcohol testing shall be done in accordance with the Department of Transportation (DOT) regulations for employees testing or in accordance with the law of the State of Ohio to detect drivers operating a motor vehicle under the influence. A positive result shall entitle the City to proceed with sanctions as set forth in this section. A positive result for the purpose of this section, shall be defined as “any detectable level of alcohol.”
(d) All drug tests shall be conducted by laboratories certified by the Department of Health and Human Services (DHHS). The drug screen will be used to detect the illegal use of a controlled substance, which includes the illegal use of or abuse of legal and illegal substances. The result of a screening test shall not be considered positive until it has been confirmed by a gas chromatography/mass spectrometry (GC/MS) full scan test. The procedures utilized by the City and testing laboratory shall include an evidentiary chain of custody control. The split sample method of collection shall be used following prescribed testing procedures. All procedures shall be outlined in writing and this outline shall be followed in all situations arising under this section.
(e) The results of the drug tests shall be delivered to the City and the employee tested. Prior to reporting a positive result on a confirmatory drug test, the Medical Review Officer (MRO) shall review the documentation to ensure that the test results were obtained using the approved protocol methods.
(f) Split Sample Testing.
(1) If a drug confirmation test is positive, the employee may, upon written request, and at the employee’s expense, have the split sample tested by a DHHS-certified laboratory. This request shall be presented to the MRO within seventy-two hours of being notified of a positive result.
(2) In the event the split sample test confirms the results of the primary test, the City may proceed with the sanctions as set forth in this section.
(3) In the event that the split sample test contradicts the result of the primary test, the split sample result is determined to be the final result. The results of this test, if positive, shall allow the City to proceed with sanctions as set forth in this section. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed.
(g) Test results shall not be released unless the employee has provided a signed release for disclosure of the results. A union representative for a union employee shall have a right of access to the results upon request to the City, with the union employee’s written consent.
(h) If the alcohol or drug test is postive, the City may require the employee to participate in a rehabilitation or detoxification program, as determined by appropriate medical personnel. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, and/or personal days for the period of the rehabilitation or detoxification program. If no such leave credits are available, such employee shall be placed on a leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program and a negative result on a return-to-duty test, the employee shall be returned to his/her position. Such employee may be subject to two randomly scheduled follow-up tests within the one year period following rehabilitation, unless additional tests are prescribed by his/her substance abuse professional. If the employee refuses to undergo rehabilitation, or if he fails to complete a program of rehabilitation, or if he tests positive on the return-to-duty or any of the follow-up tests, such employee shall be subject to disciplinary action, including termination.
(i) Costs of all alcohol/drug screening tests and confirmatory tests shall be borne by the City, except that return-to-duty tests, follow-up tests, and any test initiated at the request of the employee shall be at the employee’s expense.
(j) For the purpose of implementing the provisions of this section, each employee shall execute medical releases in order for the City to obtain the results of the physical examinations and alcohol/drug tests provided for in this section. Except as otherwise provided by State or Federal law with regard to communicable diseases, or with the permission of the employee, the releases referred to in this section shall authorize only the releases of examination results and progress reports pertaining to the drug screening test results. No other medical finding may be released without the express written authorization of the employee.
(Ord. 44(94-95). Passed 12-18-95.)
(Ord. 44(94-95). Passed 12-18-95.)