1. Policy Statement
The Department of Fire & Rescue Operations recognizes illegal drug usage as a threat to the public safety and welfare and to the Chief Officers of the department. Thus, the Department of Fire & Rescue Operations will take the necessary steps, including drug testing, to eliminate illegal drug usage. The overall goal of this Policy is prevention.
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 the abusive use of a legally prescribed drug.
3. Notice and Education of Employees Regarding Drug Testing
All employees will be informed of the Department of Fire & Rescue Operations'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 tests can determine, and the consequences of testing positive for illegal drug use. All newly promoted Chiefs will be provided with this information when initially promoted. No employee shall be tested until this information has been provided.
4. Basis for Ordering in Employee to be Tested for Drug Abuse
Employees may be tested for drug abuse one time per calendar year and under any of the following conditions:
a. Where there is reasonable suspicion that the Chief Officer to be tested is using or abusing illegal drugs.
b. Any Chief selected for promotion to Deputy shall submit to a drug test following the procedures contained herein.
c. After any vehicular accident in which an employee is the driver.
5. Urine Samples
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 and processing of the urine 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 Chief Officer designated to give a sample must be positively identified prior to any sample being taken.
Specimen samples shall be sealed, labeled and checked against the identity of the Chief Officer to ensure the results match the testee. Samples shall be stored in a secured and refrigerated atmosphere until tested or delivered to the testing lab representative.
Upon request, a Chief Officer shall be entitled to the presence of a union representative before testing is administered.
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 urinalysis testing. The testing or processing phase shall consist of a two-step procedure.
(i) Initial screening step, and
(ii) Confirmation step.
The urine 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, urine specimens shall be maintained under secured storage for a period of not less than one (1) year.
Any sample which has been adulterated or is shown to be a substance other than urine 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 Chief Officer 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 subject to disciplinary action. Refusal to submit to a drug test, adulteration of, or switching a urine sample may also be grounds for disciplinary action. Voluntary submission to a chemical dependency program can be a basis for consideration prior to imposition of a penalty.
8. Right to Appeal
A 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 2113.14.
9. Voluntary Participation in a Dependency Program
An employee may voluntarily enter a chemical dependency program. This may be done through the Employee Assistance Program or by direct contact with the 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, prior to the administration's knowledge of the dependency, as discussed above, the Department of Fire & Rescue Operations reserves the right to insure that the Fire employee is fit for duty, including the right to test randomly for up to five (5) years. 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, he or she will be assigned to duty in a position to be determined by the Chief. Employee reassignment during treatment shall be at the discretion of the Chief/Director of Fire 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 complet ed, 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 2113.17 "Personnel Service Records".
11. Right of Union 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. Union Held Harmless
This drug testing program is initiated solely at the behest of the employer. The Department of Fire & Rescue Operations shall be solely liable for any legal obligations and costs arising out of employees' claims based on constitutional rights regarding the application of this Section of the collective bargaining agreement relating to drug testing. The Association shall be held harmless for any alleged violation of any employee's constitutional rights.
The employer is not responsible for any legal obligations and costs for claims based on the Association's duty of fair represen tation.
The employee, if the result of the test is positive, shall assume the costs related to testing and any overtime incurred to the City as a result of the positive test.