(a) The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance by any employee which takes place in whole or in part in the employer's workplace is strictly prohibited and will result in criminal prosecution and employee discipline which may include termination from employment.
(b) The illegal use of drugs or alcohol at the workplace is strictly prohibited.
(c) Employees may not be under the influence of drugs or alcohol at the workplace. All employees shall be subject to testing for drug or alcohol use where there is a reasonable belief that the employee has violated this policy.
(d) Any employee convicted of any Federal or State criminal drug statute for a violation occurring in the workplace must notify the employer of that fact within five (5) calendar days of the conviction.
(e) Any employee convicted of any federal or state criminal drug statute for a violation occurring in the workplace, who fails to report the conviction as required by the above, will be:
(1) Terminated from employment.
(2) Held civilly liable for any loss of federal funds resulting from the failure to report the conviction.
(f) Voluntary Treatment - Employees who voluntarily come forward and request help for a drug or alcohol problem are not subject to disciplinary action.
(g) Random Testing- All employees in safety sensitive positions are subject to random drug and alcohol testing as deemed necessary by the Village. Any employee refusing the test is subject to immediate dismissal from employment.
(h) Definitions:
(1) Employee for purposes of this section- means any person, i.e., supervisory or non-supervisory, who is paid, in whole or in part, by the employer.
(2) Controlled Substance -means 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 Ohio Rev. Code Sec. 3719.01).
(3) Conviction- means any finding of guilt, including a plea of nolo contendere (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 statutes.
(4) Criminal drug statute- means a criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substance. For purposes of this policy, all definitions will be consistent with Ohio R. C. 3719.01, et seq. (Ord. 2011-11. Passed 7-6-11.)