(A) Legally prescribed drugs and non-prescription medications. The appropriate use of legally prescribed drugs and non-prescription medication is not prohibited. However, when taking any prescription or non-prescription medication which may interfere with the safe and effective performance of their duties, employees are encouraged to consult their licensed medical doctor and report such use to the Mayor or the Mayor's designee. Certification from a medical doctor that an employee is able to perform the normal functions of their position may be required before the employee will be allowed to continue working. This requirement includes medical marijuana that has been recommended by an authorized medical doctor, and dispensed by a licensed marijuana dispensary in accordance with the requirements of the Ohio Revised Code and any related regulations.
(1) Medical marijuana.
(a) Any village employee who is using medical marijuana shall report such use to the Mayor or the Mayor's designee, shall provide evidence:
1. Of the employee being registered with the state patient registry;
2. Of a recommendation from a medical doctor who has a certificate to recommend its use; and
3. That the medical marijuana was obtained from a licensed marijuana dispensary.
(b) An employee who has a recommendation for medical marijuana who tests positive for marijuana shall be treated as using an appropriately prescribed drug when they have complied with the requirements of division (a) and have used the marijuana in compliance with the physician's recommendations.
(2) Use of medical marijuana. Use of medical marijuana is prohibited as follows:
(a) By employees who are required to hold commercial driver's licenses in the course of their employment.
(b) By employees who are required and/or permitted to carry firearms in the course of their employment.
(c) By an employee so as to cause them to be under the influence of medical marijuana during the scope and course of their employment.
(d) By an employee during the scope and course of their employment.
(e) By an employee that performs safety-sensitive duties. For purposes of this provision, safety sensitive duties, include, but are not limited to: fire fighters, police officers, emergency medical personnel, and snow removal personnel.
(3) Possession of medical marijuana. An employee is prohibited from possessing medical marijuana and related paraphernalia while on village property or in a village vehicle.
(B) Worker's compensation. An employee that tests positive for a medical marijuana product during post-injury drug testing shall not be eligible for Workers' Compensation even though the employee has a recommendation for that use from a physician who is properly certified to make such a recommendation.
(C) Relationship to other provisions of law. The terms of this policy do not alter any employment-at-will relationship with employees. All employees subject to this policy remain subject to all other policies, procedures, rules, regulations, and collective bargaining agreements established by the appointing authority under its independent authority, which are not inconsistent with the requirements herein. All employees also remain subject to all other relevant federal, state, and local laws and regulations. Commercial driver's license holders shall abide by this policy as well as the Department of Transportation guidelines for alcohol and controlled substance testing.
(Ord. 2019-17, passed 2-20-19)