There shall be a Village drug testing policy as follows:
(a) Pre-employment drug-testing shall be required for all newly hired employees of the Fire Department.
(b) There may also be random drug testing required for a Fire Department employee.
(c) The Mayor shall determine the date of testing and who shall submit to a drug test for cause, upon recommendation of a department head or upon the Mayor's own initiative. Before ordering a drug test, the Mayor must have in his or her possession a written description of all the incidents that make up the cause for the test.
(d) All positive test results shall result in:
(1) A suspension from work of a minimum of thirty days or a voluntary minimum thirty-day leave of absence if the person comes forth and admits to a drug problem.
(2) The time off shall be without pay.
(3) If a person is ordered to take a drug test, the Mayor may suspend such employee until he or she receives the results. If said employee tests negative and no illegal drugs are found in said person's system, then said employee shall be paid his or her normal wages for scheduled time lost from work.
(4) A person who has previously tested positive must pass one drug test with the date picked by the Mayor before he or she may return to work. This test will be at his or her own expense. The Mayor may order random drug testing for such person for up to two years after the first negative test result.
(5) Any employee shall have the opportunity to challenge a positive analysis result by use of a legally competent test or tests.
(e) As used in this chapter the following terms are defined as follows:
(1) Employees are all nonelected personnel who are subject to Federal and/or State withholding tax.
(2) A drug of abuse is as defined in Section 513.01 of the General Offenses Code.
(3) A positive test is one which shows that the person has a legally prohibited substance or drug of abuse in his or her body.
(4) A negative test is one which shows that no illegal substance or drug of abuse is present in his or her body.
(5) Cause includes, but is not limited to the following:
A. Accidents on the job;
B. Unauthorized leave;
C. Excessive sick leave;
D. Repeated absence of two to four days (including days before and after days off);
E. Excessive tardiness, especially after a day or weekend off or when returning from lunch;
F. Leaving work early;
G. Peculiar and increasingly improbable excuses for absences;
H. Continued absences from work station (more than required);
I. Difficulty in concentration;
J. Alternate periods of very high and very low work standards;
K. Suspected theft;
L. Coming to or returning to work in an obvious altered state, i.e. slurred speech, unsteady gait;
M. Generally lowered job efficiency;
N. Use of poor judgment;
O. Making bad decisions;
P. Complaints received from the public regarding the employee;
Q. Offering of improbable excuses for poor work performance;
R. Inattentiveness, which results in mistakes;
S. Friction in employee relationships;
T. Overreaction to real or imagined criticism.
(Ord. 2160. Passed 12-8-08.)