(A) Establishment. In order to facilitate its drug-free workplace policy, the village hereby establishes a drug and alcohol testing program of its employees. As part of the program, there are six levels of testing for village employees:
(1) Pre-employment drug testing;
(2) Random drug testing conducted by the provider of such service contracted by the village;
(3) Reasonable suspicion to believe that an employee is using illegal drugs or alcohol;
(4) On the job injuries where personal injury or damage to real or personal property of the village or others occurs;
(5) Follow-up program to treatment for drug or alcohol abuse; and
(6) Voluntary program for those who wish to participate in the program.
(B) Pre-employment drug testing. All job applicants of the village will undergo testing for the presence of illegal drugs as a condition of employment. Any applicant with a positive test result will be denied employment with the village. The village will not discriminate against applicants for employment because of a past history of drug abuse. Therefore, any person who has failed a pre-employment drug test may initiate another application for employment with the village after a period of not less than six months, but must present drug-free.
(C) Employee testing. The village has adopted testing practices to identify employees who use illegal drugs and/or alcohol on or off the job. It shall be a condition of employment for all employees to submit to drug and/or alcohol testing under the circumstances outlined in subsections (2) - (6) above. Any employee who tests positive under any of the circumstances outlined above, shall be subjected to the following consequences:
(1) First offense. The employee shall undergo mandatory counseling and treatment, as directed by the provider of these services with whom the village has contracted. After the employee returns to work after a positive test result, the employee will be placed on three months of probation. At the end of the three month probation period, the employee must follow up with another drug test and present to work drug-free.
(2) Second offense. The employee will be immediately terminated, either on probation or after the end of the probationary period.
(D) Testing categories. The following categories of employees shall be subject to random drug and/or alcohol testing:
(1) Group 1. All members of the safety forces of the village, i.e. members of the police department, including auxiliary police officers, fire department, and emergency medical services, whether paid employees or volunteers;
(2) Group 2. All full-time and part-time employees of the village;
(3) Group 3. All employees, whether full-time or part-time, who hold a Commercial Driver's License; and
(4) Group 4. All other village officials, either elected or appointed, who volunteer on an annual basis to participate in the random testing program.
(E) Testing procedure. Each calendar year, 10% of the total number of members of the above groups shall be randomly tested. The drug test shall screen them for the following illegal drugs: Amphetamines; Barbiturates; Benzodiazepines; Cannabinoids; Cocaine; Opiates; and PCP. The alcohol test will be conducted either by the agency with whom the village has contracted for drug and alcohol testing or by an outside law enforcement agency which has a breath testing machine approved by the Ohio Department of Health. In the event there is an emergency or when there is no available transportation off of the island, the Kelleys Island Police Department breath testing machine shall be used.
(Ord. 1999-O-33, passed 7-22-99)