§ 133.19  DRUG-FREE WORK PLACE .
   (A)   Definitions.  For purposes of this policy all definitions will be consistent with R.C. § 3719.01.
      ALCOHOL.  The intoxicating agent in beverage alcohol, ethyl alcohol, or lower molecular weight alcohols including methyl and isopropyl alcohol.
      CONTROLLED SUBSTANCE.  Any controlled substance contained in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812); or as defined in R.C. § 3719.01.
      CONVICTION.  Any finding of guilt, including a plea of no contest or the imposition of a sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statues.
      CRIMINAL DRUG STATUTE.  A criminal statute which states that a person may not manufacture, distribute, dispense, use, possess, provide or administer any controlled substance.
   (B)   Drug-free policy.  It is the policy of the city to maintain a safe and productive workplace free of alcohol and drugs and free of those individuals who use drugs and alcohol.
      (1)   The unlawful manufacture, distribution, dispensing, possession or use of alcohol or a controlled substance by any employee which takes place in whole or in part in the workplace is strictly prohibited and will result in criminal prosecution and employee discipline which may include termination from employment.
      (2)   Any employee convicted of a violation of any federal, state or municipal criminal drug statute must notify the city of that fact within five calendar days of the conviction. Notification by the employee does not excuse that employee from possible disciplinary action under the city's Personnel Manual. Any employee convicted of a work-related drug offense, who fails to report the conviction as required will be:
         (a)   Terminated from employment;
         (b)   Forever barred from future employment with the city; and
         (c)   Held personally liable in a civil action for any loss of federal funds resulting from the failure to report the conviction.
      (3)   Any employee who reports for duty in an altered or impaired condition which is the result of the illegal use of controlled substances or the abuse of legal substances, will be subject to disciplinary action or discharge. Employees are prohibited from consuming alcohol and/or using controlled substances while on duty during scheduled work hours, while on city property or during any breaks and/or lunch periods. An exception may be made where the onsumption of alcohol is necessary for the performance of the employee's job duties (i.e. undercover operation for a narcotics officer). Any decision to take disciplinary action may be held in abeyance pending the completion by the employee of a rehabilitation program.
      (4)   Using illegal substances or other substances which can cause an impairment in the workplace can lead to serious consequences.  Drugs in the workplace are dangerous to all and pose a danger to those we serve. Anything that alters mental processes, alertness, reaction time, judgment or physical ability can have a disastrous effect on our ability to serve the citizens of Lebanon.
      (5)   An employee who is taking prescription drugs or over-the-counter drugs that could hamper his or her ability to safely perform their job responsibilities shall report this to his or her supervisor.
   (C)   Drug testing policy.
      (1)   Employee drug testing. The city reserves the right to set standards for employment and to require employees, as a condition of continued employment, to submit to physical examinations including breath or urine tests for alcohol, illegal drugs or the misuse of legal drugs where there is reasonable suspicion that an employee's work performance is or could be affected by the condition.
      (2)   In a case in which a supervisor has reasonable suspicion to believe that the employee has used or is under the influence of alcohol and/or a controlled substance, the supervisor may require the employee to go to a medical clinic, at the city's expense, to provide breath or urine specimens. For purposes of this policy, REASONABLE SUSPICION means suspicion based on personal observation by an employer representative. City representatives should document such reasonable suspicion by making written notations which may include descriptions of inexplicable or abnormal behavior, appearance, speech or breath.
      (3)   If requested, the employee will sign a waiver and consent form authorizing the clinic to examine a specimen of breath or urine and release the test results to the city.
      (4)   A refusal to sign a waiver and consent form or to provide either specimen will constitute insubordination and a presumption of impairment and may result in discharge.
      (5)   Any employee tested in accordance with the above procedure may, if the test results are positive, request that the split sample be tested at the employee's expense. An employee's request for a second analysis must be made within 72 hours of the employee's receipt of positive test results; otherwise the employee will be deemed to have waived his or her right to a second analysis and he or she will be disciplined on the basis of the positive results from the first container. If the second analysis is performed and the results are negative, the negative result will control;  no disciplinary action will be taken, and if the employee has been suspended he or she will be reinstated immediately to his or her former position. However, if the results from the second analysis are positive, the employee will be disciplined as determined by the City Manager, up to and including discharge.
      (6)   The results of any such test will constitute medical information and will remain confidential in accordance with applicable state and federal laws.
      (7)   Any employee testing positive for drugs and/or alcohol will be subject to disciplinary action or discharge.
   (8)   In addition to such disciplinary measures as the city may impose, any employee who tests positive for drugs or alcohol must be evaluated by a substance abuse professional (SAP) designated by the city and must participate in the assistance program prescribed by the SAP. The employee may also have to sign a Last Chance Agreement with the city; although the City Manager may decide that the Last Chance Agreement is not an option and can immediately dismiss the employee. If the employee refuses to complete the evaluation or prescribed assistance program or to sign the agreement, he or she shall be discharged immediately. Upon completion of the prescribed assistance program, the employee will be reinstated to his or her former position but will be subject to random drug and/or alcohol testing for six months following his or her return to work or as determined by the SAP. A subsequent positive test for drugs and/or alcohol while on the job or when reporting to work, under random testing or reasonable suspicion testing, shall be cause for immediate discharge.
      (9)   Prior to hiring a new employee, the city shall require those applicants conditionally selected for employment to pass a physical examination, which includes testing to determine the use of illegal drugs. If illegal drugs are detected, the offer of employment shall be automatically withdrawn.
   (D)   Smoking/tobacco policy.
      (1)   The city is committed to providing a healthy environment for its employees and therefore designates all city-owned buildings and vehicles as No Smoking/No Tobacco. Employees are not permitted to smoke in any city-owned facility other than at a designated smoking area. Further, various departments may have additional prohibitions on smoking and tobacco use.
      (2)   Smoking and tobacco may be permitted in outside areas designated by department heads.
(Ord. 6689, passed 1-28-92; Am. Ord. 6830, passed 4-13-93; Am. Ord. 7152, passed 12-26-95; Am. Ord. 7744, passed 12-28-99; Am. Ord. 9052, passed 12-14-04)