(a) Definitions:
(1) Controlled Substance - means any controlled substance contained in Schedules I through V of Section 202 of the Controlled Substance Act (21 USC 812; or as defined in 3719.01 O.R.C., or other similar provisions as may be amended from time to time).
(2) Conviction - means any finding of guilt, including a plea of nolo contendere (no contest) or the imposition of a sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal, state or local, criminal drug statutes.
(3) Criminal drug statute - means a criminal statute involving manufacture, distribution, dispensation, use, or possession of any controlled substance. For purposes of this policy all definitions will be consonant with Ohio R.C. 3719.01 et seq.
(b) The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance by any employee which takes place in whole or in part in the Village's work- place is strictly prohibited and will result in criminal prosecution and employee discipline up to
and including termination of employment.
(c) Any employee convicted of any federal, state, or local criminal controlled substance, alcohol or drug statute must notify the employer of that fact within five (5) calendar
days of the conviction. Any employee who is so convicted will be subject to discipline up to and including termination of employment.
(d) Any employee who reports for duty in an altered or impaired condition which is the result of the illegal use of controlled substances and/or the misuse of alcohol will be subject to disciplinary action up to and including termination. Any decision to take disciplinary action may be held in abeyance pending the completion by the employee of a drug rehabilitation program.
(e) Any employee convicted of a workplace related drug offense, who fails to report
the conviction as required by the above will be terminated from employment.
(f) Drug/Alcohol Testing:
(1) Post-Offer, Pre-Employment Drug Testing: The Village will require that all applicants complete a post-offer, pre-employment drug screen/test. Any offer of employment is contingent upon, among other things, a negative result upon completion of this screening, and a determination by the Village that the applicant is capable of performing the responsibilities of the position.
(2) Reasonable Suspicion Testing: Where the Village has a reasonable suspicion to believe that the employee is under the influence of any illegal drug or misusing alcohol or legal drugs, the Village may require the employee to go to a medical clinic, at the Village's expense, to provide blood and/or urine specimens. When a supervisor observes or is notified of behavior or events that lead the supervisor to reasonably suspect that an employee has used or misused a controlled substance, illegal drug or misused alcohol, the supervisor should notify the Village Administrator or the Mayor. For purposes of the above, "reasonable suspicion" shall generally mean suspicion based on personal observation drawn from a specific behavior and conduct exhibited by the employee; including but not limited to the following:
A. Observed use, possession or sale of illegal drugs and/or use, possession, sale, or abuse of alcohol and/or the illegal use or sale of prescription drugs.
B. Apparent physical state of impairment of motor functions or physical symptoms of being under the influence of drugs or alcohol such as, but not limited to, slurred speech, dilated pupils, odor of alcohol or marijuana.
C. Marked changes in behavior, attendance or performance decline not attributable to other factors.
(3) Random Drug Testing: For the purpose of the Village's random drug testing program, any position where the employee may be operating the Village's vehicles or other power equipment will be considered to be a "safety sensitive" position and the employee may be required to submit to a random drug testing program administered by the Village Administrator. Policies and procedures for this testing will be consistent with Federal and State laws and those policies outlined in Chapter 145.
(4) Post-Accident Testing: Post-accident testing will be conducted whenever an "accident" occurs. "Accident" is defined as an unplanned, unexpected or unintended event that occurs within the Village, during the conduct of the Village's business, or during working hours, or which involves Village-supplied motor vehicles or motor vehicles that are used in conducting Village business, or is 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 to the employee and/or another person that requires off-site medical attention away from the Village's place of employment;
C. Vehicular damage in apparent excess of seven hundred fifty dollars ($750.00); or
D. Non-vehicular damage in apparent excess of five hundred dollars ($500.00).
When such an accident occurs, any employee who contributed to the accident will be tested for drugs or alcohol use or both.
Urine specimen collection (for a drug test) or breath/saliva (for an alcohol test) will occur immediately after an accident. At no time shall a drug specimen be collected after thirty-two (32) hours from the time of an employment-related incident. Breath or saliva alcohol testing will be performed within two (2) hours of the accident whenever possible, but never beyond eight (8) hours. If the employee responsible for an "accident" is injured, it is a condition of employment that the employee herein expressly grants the Village the right to request that attending medical personnel obtain appropriate specimens (breath, blood and/or urine) for the purpose of conducting alcohol and/or drug testing. Further, all employees herein expressly grant the Village access to any and all other medical information that may be relevant in conducting a complete and thorough investigation of the "accident", to include, but not be limited to, a full medical report from the examining physicians(s) or other health care providers.
(5) Testing of Employees with Commercial Driver's License (CDL): Employees who are required to hold a CDL will be required to participate in the Village's drug and alcohol testing program as required by federal law which includes pre-employment testing, post accident testing, random testing, reasonable suspicion testing, and return-to-work testing. Policies and procedures for these programs will be consistent with federal law and will be made available to employees required to hold CDL's and their supervisors.
(6) The following general guidelines and procedures shall be followed and apply to testing:
A. If requested, the employee will sign a consent form authorizing the clinic to withdraw a specimen of blood or urine and release the test results to the Village.
B. A refusal to provide either specimen will constitute insubordination and a presumption of impairment and will result in disciplinary action. Further, any evidence of tampering, adulterating, or doctoring a test will result in disciplinary action.
The Village reserves the right to test for adulterants.
C. Any employee tested in accordance with the above procedure may, if the test results are positive, request retesting at the employee's expense; or may request, in advance of the original test, that a portion of the original specimen be delivered to a third party for testing at the employee's expense.
D. The results of any such test will constitute medical information and will remain confidential except for their use in official safety investigations, criminal prosecution of the employee, or any action necessary to defend the discharge or discipline of the employee.
E. The Village will select a Certified Lab to perform all tests. The Lab will follow the most current federal and state guidelines and procedures for such testing. All results will be reported to the Village Administrator. The Village will pay the cost of the initial drug test.
F. Employees who test positive for an illegal substance abuse or misuse of legal drugs, and/or alcohol will be subject discipline up to and including termination unless they submit proof of completion of a treatment/rehabilitation program approved by the Village. All costs related to the program shall be borne by the employee. Paid leave may be used for any rehabilitative program except for any period involving a disciplinary suspension. A return to work certification must be provided before any such employee will be able to return to work.
Employees who test positive for alcohol, illegal substances or the misuse of legal substances may be subject to random drug tests for a period of two (2) years from the date that they have been approved to return to work. Such employees who again test positive during this two-year period will be terminated.
(Ord. 2021-27. Passed 12-6-21.)