(1) Policy Statement.
The Police Department recognizes illegal drug usage as a threat to the public safety and welfare and to the employees of the Department. Thus, the Police Department will take the necessary steps, including drug testing, to eliminate illegal drug use. The goal of this policy is prevention and rehabilitation rather than termination.
(2) Definitions.
The term "drug" includes cannabis as well as other controlled substances as defined in the Ohio Revised Code.
The term "illegal drug usage" includes the use of cannabis or any controlled substance which has not been legally prescribed and/or dispensed, or abusive use of a legally prescribed drug.
(3) Notice and Education of Employees Regarding Drug Testing.
All employees will be informed of the Police Department's drug testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of drugs on job performance. In addition, the employer will inform the employees of the manner in which the tests are conducted, the reliability of the tests performed, under what circumstances employees will be subject to testing, what the test can determine, and the consequences of testing and the consequences of testing positive for illegal drug use. All new employees will be provided with this information when initially hired. No employees shall be tested until this information has been provided.
(4) Basis for Ordering an Employee to be Tested for Drug Abuse.
Employees may be tested for drug abuse under any of the following conditions.
(a) Where there is reasonable suspicion that the Command Officer to be tested is using illegal drugs.
(b) Those officers who are assigned to the Property Manage ment, Special Enforcement Division (SWAT), Vice Metro, Bomb Squad, or Property Recovery may be tested once annually for drugs as defined herein.
(c) Command Officers may be tested as a requirement before they are promoted.
(d) Additionally, police officers may be randomly tested annually. A random selection process will be devised, but this will not preclude any officer from being tested more than one time per year.
(e) Drug testing may occur post accident in the event of a vehicular accident in which there is significant property damage (over $200) and/or a personal injury.
(f) Drug testing may occur after any shooting incident by a police command officer.
All orders requiring employees to submit to drug testing shall be in writing, setting forth the reasonable suspicion before the test is ordered.
(5) Drug Testing Samples.
Drug testing will be conducted with either urine samples, hair samples or blood draws. Hair samples and blood draws will only be conducted upon mutual agreement of the employee and the City.
Specimen collection will occur in a medical setting and the procedures should not demean, embarrass, or cause physical discomfort to the employee.
Each step in the collecting process of the specimens shall be documented to establish procedural integrity and the chain of evidence.
A professional medical interview with the employee prior to the test will serve to establish use of drugs currently taken under professional medical supervision.
The employee designated to give the sample must be positively identified prior to any sample being taken.
Specimen samples shall be sealed, labeled and checked against the identity of the employee to ensure the results match the test. Samples shall be stored in a secure and refrigerated atmosphere until tested or delivered to the testing lab representative.
(6) Testing Procedures.
The laboratory selected by the City to conduct the analysis must be experienced and capable of quality control, documentation, chain of custody, technical expertise and demonstrated proficiency in such testing. The testing or processing phase shall consist of a two-step procedure:
(i) Initial screening step.
(ii) Confirmation step.
The sample is first tested using a screening procedure. A specimen testing positive will undergo an additional confirmatory test. An initial positive report will not be considered positive; rather it will be classified as confirmation pending. Where a positive report is received, specimens shall be maintained under secure storage for a period of not less than one (1) year.
Any sample which has been adulterated or shown to be a substance other than the type of sample secured, shall be reported as such. All test results shall be evaluated by a suitably trained occupational physician or occupational nurse prior to being reported. All unconfirmed positive test records shall be destroyed by the laboratory. Test results shall be treated with the same confidentiality as other employee medical records. Test results used as evidence for disciplinary action shall also be entitled to the same confidentiality.
(7) Disciplinary Action.
Employees who as a result of being ordered to be drug tested are found to be abusing drugs may be subjected to dismissal. Refusal to submit to a drug test, adulteration of, or switching a sample may also be grounds for dismissal. Voluntary submission to a chemical dependence program can be a basis for consideration prior to imposition of a penalty.
(8) Right to Appeal.
An employee disciplined as a result of a drug test has the right to challenge the results of such drug test through the disciplinary appeal procedures in Section 2109.19.
(9) Voluntary Participation in a Dependency Program.
An employee may, at any time, voluntarily enter a chemical dependency program. This may be done through the Employee Assistance Program or by direct contact with other providers of such services. Knowledge gained by the employee's voluntary admission or participation in a chemical dependency treatment program shall not be used as the basis for discipline. Information regarding treatment of employees in chemical dependency programs shall remain confidential and shall not be released to the public.
Although an employee will not be subject to disciplinary action where the employee voluntarily submits to treatment as discussed above, the Police Department reserves the right to insure that the Command Officer is fit for duty, including but not limited to requiring the officer to submit to drug and alcohol testing as ordered by the Chief. Such testing shall be permitted to occur within one year after the Command Officer returns to duty. An employee found temporarily unfit for duty because of drug abuse shall be treated as are those similarly situated, i.e. sick leave, temporary reassignment, if available.
(10) Duty Assignment After Treatment.
Once an employee successfully completes rehabilitation and is fit for duty, the employee shall be returned to regular duty assignment, except that the employee's return to Property Management, Property Recovery, Bomb Squad and Vice-Metro shall be at the discretion of the Chief of Police. Employee reassignment during treatment shall be at the discretion of the Chief of Police based on each individual's circumstances. If follow-up care is prescribed after treatment, this may be imposed as a condition of continued employment. Once treatment and any follow-up care is completed, at the end of two (2) years the records of treatment and positive drug test results shall be retired to a closed medical record. The employee shall be given a fresh start with a clean administrative record, except that discipline records shall be retained as is provided for in Section 2109.22.
(11) Right of Association Participation.
At any time, the Association, upon request, will have the right to inspect and observe any aspect of the drug testing program with the exception of individual test results. The Association may inspect individual test results if the release of this information is authorized by the employee involved.
(12) Association Held Harmless.
This drug testing program is initiated solely at the behest of the employer. The Police Department shall be solely liable for any legal obligations and costs arising out of an employee's claims based on constitutional rights regarding the application of this Section of the collective bargaining agreement related to drug testing. The Association shall be held harmless for the violation of any employee's constitutional rights.
The employer is not responsible for any obligations and costs for claims based on the Association's duty of fair representation.
(Ord. 677-04. Passed 10-5-04.)