(A) With respect to violation of the policy in § 33.351(B), employees are subject to testing for the detection of alcohol while on duty or while operating or riding in or on a village owned vehicle.
(B) Employees will be subject to drug testing for the detection of the following illegal drugs/drug groups, as well as others that may from time to time be declared illegal by state or federal law:
(1) Amphetamines;
(2) Barbiturates;
(3) Benzodiazepines;
(4) Cannabinoids (marijuana);
(5) Cocaine;
(6) Methadone;
(7) Methaqualone;
(8) Opiates (heroin, morphine, codeine);
(9) Phencyclidine (pep); and
(10) Propoxyphene.
(C) Circumstances for testing are subject to applicable law.
(1) All job applicants shall be subject to drug testing as a prerequisite to employment with the village. It is the obligation of the job applicant to notify the approved testing facility of any controlled substances prescribed for the job applicant by a physician or dentist.
(2) (a) When an employee is involved at any time directly in an equipment or vehicular work-related accident, or in any unsafe and/or negligent maintenance or operation of the village’s equipment or vehicles at any time, where in the opinion of the Village Personnel Committee, the employee was at fault or the employee’s conduct contributed to the accident.
(b) Testing for illegal controlled substances will result where there is reasonable suspicion by the village to believe the employee was in violation of § 33.351(A) above at the time of the incident.
(3) When an employee is in a special risk or safety-sensitive position (all positions which require a CDL license, police officer, and the like of any rank), and is involved in an accident on the job, he or she will be required to submit to a drug and/or alcohol test.
(4) When reasonable suspicion exists to believe the employee is using drugs or alcohol in violation of this policy. A reasonable suspicion is a belief that an employee is using or has used drugs or alcohol in violation of this policy drawn from specific, objective, and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon:
(a) Observable phenomena while at work, such as direct observation of drug use or of physical symptoms or manifestation of being under the influence of a drug or alcohol;
(b) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance;
(c) A report of drug use, provided by a reliable and credible source;
(d) Evidence that an individual has tampered with a drug test during his or her employment with the village;
(e) Information that an employee has caused, contributed to, or been involved in an accident while at work;
(f) Evidence that an employee has used, possessed, manufactured, cultivated, sold, solicited, or transferred drugs;
(g) Frequent absences from work without a satisfactory explanation.
(5) The testing is a part of any medical examination required by the village whether or not that medical examination is required by the ODOT or any other regulatory entity.
(6) Employees and job applicants have the right to consult with the testing laboratory for technical information regarding prescription and non-prescription medications. The name, address, and telephone number of the testing laboratory will be provided to the employee or job applicant upon request.
(7) All test results will be kept confidential and will only be provided to managerial employees on a need-to-know basis.
(Ord. 1447, passed 10-20-2009; Ord. 1473, passed 12-7-2010; Ord. passed 1-1-2019)