(a) Purpose. The County of Summit has a strong commitment to the health, safety, and welfare of its employees, their families and the public. Widely available statistics and information establish that the incidence of controlled substance and alcohol abuse is increasing and the effect is devastating to lives, businesses, and the community at large. The County of Summit is concerned that, in the event of substance abuse among our employees, the safety of our employees and the public could be endangered. Our commitment to maintaining a safe and secure workplace requires a clear policy and supportive programs relating to the detection, treatment, and prevention of substance abuse by employees. It is the goal of the County of Summit to provide a safe workplace by eliminating the hazards to health and safety created by substance abuse. We believe this goal to be in the best interest of our employees and the general public.
(b) Implementation. The County Executive is responsible for implementing and communicating Substance Abuse policies and procedures. Any questions regarding these policies should be directed to the County Executive and/or designee.
(c) Voluntary Admission of Problem. Employees are encouraged to voluntarily admit problems with controlled substances and alcohol prior to violating these policies. Employees who voluntarily admit problems with substance abuse prior to violating these policies will not have his or her employment security or promotional opportunities jeopardized by a request for treatment. Employees should not read this to mean that a request for treatment will automatically excuse them from discipline or discharge where the appointing authority initiates corrective action for violation of these policies. Rather, an employee who seeks treatment on his or her own initiative is in a better position than one who brings up a substance abuse problem for the first time in response to an investigation by the County of Summit. It will be the responsibility of the employee to comply with the County of Summit's referral for diagnosis, and it is also the employee's responsibility to cooperate with the prescribed treatment. An employee's refusal to accept referral or follow the prescribed plan of treatment may be considered insubordination. An employee who is referred to a drug rehabilitation program and fails to satisfactorily participate in the program may be terminated from employment. Referral to a rehabilitation program is designed primarily for those employees who appear to have a treatable condition, not to protect those who manufacture, distribute, or dispense drugs in the workplace.
(d) Applicability. This policy applies to all employees of the County of Summit, including all levels of management while on duty, while subject to duty, and while riding in a County owned vehicle. This policy also applies to situations where an employee's off duty or off-premises conduct impairs work performance. The County of Summit wants to assure that employees report to work in condition to perform their duties safely and efficiently in the interest of their fellow workers and the public as well as themselves.
(e) Violations. It is a violation of this policy to do any of the following:
(1) Report to duty or remain on duty while having an alcohol concentration from a breathalyzer test of .02 or greater;
(2) Report to duty or remain on duty while using a controlled substance (including prescription drugs that impair the employee's ability to perform the assigned duties, unless such use has been approved by a licensed medical doctor and reported to the County Executive's designee);
(3) Test positive for controlled substances (a positive test is defined as a test showing controlled substance concentrations in excess of the threshold amounts set forth in subsection (i) of this Section);
(4) Possess alcohol, controlled substances or drug paraphernalia while on duty;
(5) Use alcohol or controlled substances while on duty;
(6) Refuse to submit to a pre-employment, post-accident, reasonable suspicion, return-toduty, or follow-up alcohol or controlled substance test.
(f) Consequences of a Violation.
(1) If an employee violates any of the policies set forth in this Substance Abuse Prevention Policy:
A. The employee may be disciplined, up to and including termination.
B. If the employee is disciplined in any other way than being terminated under subsection A. above:
1. The employee may be reassigned.
2. The employee will be provided with information regarding the services available for substance abuse.
3. The employee will be referred for an evaluation by a substance abuse professional.
4. The employee will be subject to reevaluation, return-to-duty testing, and unannounced follow-up testing.
(2) Violation of subsection (e)(6) of this Section will result in immediate termination (See subsection (k) of this Section for definitions of what constitutes refusal to submit).
(g) 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 County Executive'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 County employee who is using medical marijuana shall report such use to the County Executive's designee, shall provide evidence (i) of the employee being registered with the state patient registry, and (ii) of a recommendation from a medical doctor who has a certificate to recommend its use, and (iii) 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 subsection (g)(1)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.
(3) Possession of medical marijuana. An employee is prohibited from possessing medical marijuana and related paraphernalia while on County property or in a County vehicle.
(h) Types of Testing for Alcohol and/or Controlled Substances.
(1) Commercial driver's licenses. All employees who are required to hold commercial driver's licenses shall be subject to testing for alcohol and/or controlled substances as required by federal and State of Ohio law.
(2) Firearms. All employees who are required and/or permitted to carry firearms in the course of their employment shall be subject to testing for alcohol and/or controlled substances pursuant to a testing program established by their appointing authority. Each appointing authority that has employees who are required to carry firearms shall establish a testing program and shall provide a copy of its program's policies and procedures to the County Executive.
(3) Other employees. All employees, other than those described in subsections (h)(1) and (2) of this Section shall be required to submit to testing for alcohol and/or controlled substances under the following circumstances:
A. Pre-employment Testing: Prior to an offer of employment with the County of Summit, the applicant for employment shall be tested for controlled substances and alcohol. The applicant shall not be hired unless the controlled substance and alcohol tests are negative. Any applicant who refuses a controlled substance and/or alcohol test shall not be hired. An applicant who is not hired due to the applicant's refusal to submit to a test for controlled substances and/or alcohol or due to a positive test for controlled substances and/or alcohol shall be ineligible to apply for County employment for a period of one year.
1. Consent form. Prior to pre-employment testing, the appointing authority shall present a standard form issued by the County Executive to the applicant consenting to the pre-employment testing.
2. Right of appeal. If the pre-employment test is positive, the applicant shall have the right to file a written appeal to the Commission concerning the validity of the test. The Commission's rules concerning appeals of employment decisions shall apply. The Commission may rule that the test is valid or order that a second test be performed. The order of the Human Resource Commission is final. If the test is ruled valid, the applicant shall not be hired. If a second test is ordered and the test is positive, the applicant shall not be hired.
B. Post-accident Testing: All employees who may have caused or contributed to an accident on duty, as defined below, and where there is reasonable suspicion of use of alcohol and/or controlled substances, as set forth in subsection C. below, that employee will be required to submit to drug and/or alcohol testing. The test will be administered as soon as possible after the employee involved has received the necessary medical treatment, or within 8 hours for alcohol testing and 32 hours for testing of controlled substances. An accident is defined as an unplanned, unexpected, or unintended event that occurs during the conduct of County business, or during work hours, including but not limited to, an event in the course of County business that results in:
1. A fatality,
2. Bodily injury requiring off-site medical treatment,
3. Vehicular damage where the driver is cited and requires the damaged vehicle to be towed, or
4. Property damage.
A positive drug test or refusal to submit to a test after an accident may affect the employee's eligibility to receive Workers' Compensation benefits under Chapters 4121 and 2123 of the Ohio Revised Code and may also result in termination. 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 the recommendation.
C. Reasonable Suspicion Testing: A trained supervisor or official may require an employee to undergo testing for alcohol and/or controlled substances based upon specific, objective facts and reasonable inferences drawn from these facts in light of experience and training. Such facts and inferences may be based on, but are not limited to, any of the following:
1. Observable phenomena, such as direct observation of controlled substances and/or alcohol use, possession, or distribution, or the physical symptoms of being under the influence of controlled substances and/or alcohol, such as, but not limited to, slurred speech, dilated pupils, odor of alcoholic beverage or marijuana, changes in affect, dynamic mood swings, etc.;
2. A pattern of abnormal conduct, erratic or aberrant behavior, or deteriorating work performance which appears to be related to substance abuse and does not appear to be attributable to other factors;
3. An employee being charged with unauthorized drug possession, use or trafficking;
4. Repeated or flagrant violations of the appointing authority's safety or work rules, which are determined by a supervisor to pose a substantial risk of physical injury or property damage and which appear to be related to substance abuse or substance use and do not appear to be attributable to other factors.
(4) Transportation of employee. An employee who is being tested under subsection (h)(3)B. of this Section shall be transported to the collection facility and then home by an appointing authority-arranged neutral third party (such as a taxi or a designated County employee).
(5) Return-to-Duty Testing. Before an employee who has been found to be in violation of this policy may return to duty, the employee must undergo testing for alcohol and controlled substances. The results of the alcohol test must show less than .02 concentration from a breathalyzer test, and the controlled substance test must be negative or such employee will not be permitted to return to duty and shall be terminated. An employee who is terminated due to the failure of a return-to-duty alcohol or controlled substance test shall be ineligible to apply for County employment for a period of one year.
(6) Follow-up Testing. When an employee has been found to be in violation of this policy, the employee will be subject to a minimum of four (4) unannounced follow-up tests, in addition to the return-to-duty test, within the first twelve (12) months following the employee's return to duty. The results of any follow-up alcohol test must show less than .02 concentration and any follow-up controlled substance test must be negative or such employee shall be terminated. An employee who is terminated due to the failure of a follow-up alcohol or controlled substance test shall be ineligible to apply for County employment for a period of one year.
(i) Controlled Substance Testing Process. All controlled substance tests and confirmation tests shall be conducted by a laboratory certified under the United Stated Department of Health and Human Services "Mandatory Guidelines for Federal Workplace Drug Testing Programs". The County of Summit and the laboratory shall have a clear and well-documented procedure for collection, shipment, and accessing of urine specimens. The procedures utilized by the County of Summit and the laboratory shall be consistent with the collection and testing procedures established by the United States Department of Health and Human Services and required by the United States Department of Transportation, and shall include an evidentiary chain of custody and control and split sample collection and testing. The collection site person is responsible for maintaining the integrity of the specimen collection and transfer process. All procedures shall be outlined in writing and provided to the County of Summit's representatives and donors. There shall be a Medical Review Officer ("MRO"). The MRO is a licensed medical doctor specially trained in substance abuse disorders. If a test is positive, the MRO gives the employee a chance to provide a legitimate medical explanation, such as a legal prescription or recommendation, for the positive result. If the explanation and subsequent proof satisfy the MRO, the MRO reports a negative drug test to the County of Summit. Each specimen will be tested for and subject to cut off levels based on Department of Transportation regulations contained in 49 CFR Part 40. The County reserves the right to test for additional substances at its discretion.
The cost for all testing under this Policy is the responsibility of the County of Summit. However, if an employee disagrees with the positive test results, he or she may request that the sample be retested using a split specimen from the original sample through the County's substance abuse testing vendor. The employee is responsible for the costs associated with this additional test. If the re-test comes back negative, the employee will be reimbursed for the cost of the test and not be considered in violation of this policy.
(j) Alcohol Testing Process. Alcohol tests shall be administered using a breath or saliva initial screen with a confirmatory evidential breath test ("EBT") administered by a trained breath alcohol technician ("BAT") or a law enforcement officer certified to conduct such tests. All tests shall be administered in accordance with federal standards for alcohol testing.
(k) Refusal to Submit to a Test. Refusal to submit to any of the alcohol or controlled substance tests required by this policy shall result in the employee's immediate termination. Actions constituting a refusal to submit to a test include:
(1) Failing to provide adequate breath for alcohol testing;
(2) Failing to provide adequate urine for controlled substance testing;
(3) Engaging in conduct that clearly obstructs the testing procedure;
(4) Failing to remain readily available for a post-accident test;
(5) Attempting to substitute and/or adulterate the specimen;
(6) Attempting to delay a test.
(l) Compensation of Employees Subject to Testing. Employees subject to random testing shall be compensated while away from duty undergoing testing unless the result is positive. Employees subject to reasonable suspicion testing shall not be compensated while away from the job undergoing testing or while awaiting test results unless the test result is negative. An employee
subject to reasonable suspicion testing cannot resume their duties until the test result is received. If a test result is positive, the employee cannot return to work until the employee has:
(1) Been cleared to return to duty by the Employee Assistance Program treatment provider; and
(2) A negative return to duty test result is received by the County of Summit.
(m) Employee Resources. Information regarding the effects of alcohol and controlled
substance use on an individual's health, work, and personal life, and information about substance abuse and alcohol counseling, rehabilitation, and employee assistance programs is available through the County Executive, and will be periodically provided to employees.
(n) Confidentiality of Records. All non-DOT records relating to an employee's testing shall be maintained as confidential medical records. DOT records shall be maintained separately as required by DOT regulations. A tested employee must provide written authorization before his or her test results may be provided to any person, other than the County of Summit.
(o) 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 Drivers License holders shall abide by this policy as well as the Department of Transportation guidelines for alcohol and controlled substance testing. (Ord. 2009-331. Adopted 12-14-09; Ord. 2011-380. Adopted 11-7-11; Ord. 2013-133. Adopted 4-15-13; Ord. 2015-269. Adopted 8-31-15; Ord. 2018-460. Adopted 12-3-18; Ord. 2022-183. Adopted 6-27-22.)