(a) Purpose. The purpose of these regulations is to insure compliance by the Village with the Drug-Free Workplace Act of 1988 and all relevant federal regulations concerning the same. These regulations shall apply to all employees of the Village.
(b) Definitions. For purposes of these regulations:
(1) “Controlled substance” means a controlled substance in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. Section 812), and any controlled substance designated in the Ohio Revised Code;
(2) "Convicted" or "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes;
(3) "Criminal drug statute" means a criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substance;
(4) "Drug-free workplace" means a site for the performance of work done in connection with a specific grant or contract described in Section 5152 or 5153 (41 U.S.C.S. Section 701 or 702) of an entity at which officials, officers and employees of the Village are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in accordance with the requirements of the Drug- Free Workplace Act of 1988;
(5) "Employee" means any employee of the Village;
(6) "Village location" or "Village activity" means activities in any Village building or upon any Village property; on any Village owned vehicle or any other Village approved vehicle utilized for Village activities; off Village property at any Village sponsored or Village approved activity, event or function; or, during any period of time where an officer, official or employee of the Village is engaged in Village business;
(7) "Illegal drug" means any controlled substance or any prescription drug which has not been properly and legally prescribed to the individual, or is taken by a person in excess of the prescribed dosage, and could impair the person's performance;
(8) "Drug abuse" includes the usage of any illegal drug, alcohol abuse and alcoholism;
(9) "Probable cause" has the same meaning as defined by Ohio Criminal Law.
(c) Regulations.
(1) All employees are hereby notified that it is a violation of this section to distribute, dispense, possess, use or be under the influence of any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor or to unlawfully manufacture, distribute, dispense, possess or use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid or any other controlled substance, on a Village location or during a Village activity. These regulations shall not supersede the criminal drug statutes and the Village shall not be prohibited from pursuing criminal penalties pursuant to the criminal drug statutes.
(2) The Village hereby establishes a drug-free awareness program in order to inform all employees concerning the dangers of drug abuse in the workplace; the Village's regulations concerning the maintenance of a drug-free workplace; any available drug counseling, rehabilitation and employee assistance programs; and the penalties that shall be imposed upon employees for violations of these regulations. At least once each year, the Village shall provide, at its own expense, an in-service program for its employees for the purposes stated herein. All employees of the Village shall be required to attend the in-service session.
(3) Persons who have probable cause to believe that an employee of the Village is using illegal drugs, engaging in drug abuse, or is under the influence of alcohol or illegal drugs, or is otherwise in violation of these regulations, on a Village location or during a Village activity, shall report the facts and circumstances concerning the same immediately to their Supervisor, or, if appropriate, to the Mayor and Fiscal Officer of the Village. The Supervisor shall immediately report this information to the Mayor and the Fiscal Officer. Any employee may request drug or alcohol counseling or rehabilitation, and no employee shall have his/her job security or promotion opportunities jeopardized by such request.
(4) These regulations shall be posted in conspicuous workplaces of the Village, as designated by Council.
(5) Each employee of the Village shall notify the Mayor and the Fiscal Officer of any criminal drug statute conviction for a violation occurring on a Village location or during a Village activity, no later than five days after such conviction. Within five days after receiving such notice of conviction, or otherwise receiving actual notice of such conviction, the Mayor and Fiscal Officer shall notify the federal granting agency of such conviction.
(6) Appropriate management or supervisory personnel of the Village may order any on-duty employee to undergo a drug or alcohol screening test whenever there is probable cause to believe an employee has used or is under the influence of illegal drugs or alcohol while on a Village location or during a Village activity. The test shall be conducted at the Village's cost. Employees who have been found to be using any illegal drug, controlled substance or to be under the influence of alcohol, shall be subject to disciplinary action, unless the employee enrolls in a rehabilitation or detoxification program within ten days of being notified of the Village's finding. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, personal days or compensatory time while he participates in such rehabilitation or detoxification program. The program shall not exceed sixty days. Upon completion of such program, if the program administrator certifies that the employee is no longer abusing alcohol or drugs then the employee shall return to his position.
(7) These regulations shall be a term and condition of employment with the Village. If any employee:
A. Fails to comply with any of the provisions of these regulations;
B. Refuses to undergo rehabilitation or detoxification as set forth in these regulations;
C. Fails to complete a program of rehabilitation or detoxification;
D. After having successfully completed a program of rehabilitation or detoxification, is found to be in violation of these drug-free work- place regulations;
E. Is convicted under a criminal drug statute;
then, under such conditions, the employee shall be subject to disciplinary action, including discharge. An employee who is convicted under a criminal drug statute which is a felony shall be subject to immediate discharge.
(Ord. 91-16. Passed 10-23-91.)