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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 employees of the department. Thus, the Department of Fire & Rescue Operations will take the necessary steps, including drug testing, to eliminate illegal drug usage. 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 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'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 employee will be subject to testing, what the tests can determine, and the consequences of testing positive for illegal drug use. All new employees will be provided with this information when initially hired. No employee 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 Firefighter to be tested is using or abusing illegal drugs.
b. Those firefighters on a promotional eligibility list may be tested prior to promotion.
Random or mass testing is prohibited. All orders requiring employees to submit to drug testing shall be in writing setting forth the reasonable suspicion before the test is ordered.
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 employee 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 employee to ensure the results match the tests. Samples shall be stored in a secured and refrigerated atmosphere until tested or delivered to the testing lab representative.
Upon request, an employee 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 physician, or a person with a Ph.D. in chemistry or a related science, or the equivalent in related education or experience, 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
Members who, as a result of being ordered to be drug tested, are found to be abusing drugs may be subject to dismissal. Refusal to submit to a drug test, adulteration of or switching a urine sample may also be grounds for dismissal.
8. Right to Appeal
A member disciplined as a result of a drug test has the right to challenge the results of such drug test through the disciplinary appeal procedures.
9. Voluntary Participation in a Dependency Program
A member may, at any time, 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 a member will not be subject to disciplinary action where he voluntarily submits to treatment, as discussed above, the Department reserves the right to insure that the member is fit for duty. A member 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 a member successfully completes rehabilitation and is fit for duty, the member shall be returned to the regular duty assignment. Reassignment during treatment shall be at the discretion of the Chief, 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 years the records of treatment and positive drug test results shall be retired to a closed medical record. The member shall be given a fresh start with a clean administrative record, except that discipline records shall be retained as is provided for in Section 2125.22.
11. Right of Association Participation
At any time, the Union, 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 Union may inspect individual test results if the release of this information is authorized by the employee involved.
12. 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 Union shall be held harmless for the violation of any employee's constitutional rights.
The employer is not responsible for any legal obligations and costs for claims based on the Union's duty of fair representation.
Newly hired employees shall have no seniority during their probationary period, but upon completion of the probationary period their seniority date shall be the date of hire. All new employees shall serve a probationary period of one year after completion of the Fire Academy. Employees who have worked one year after completion of the Fire Academy shall be known as permanent employees and the probationary period shall be considered as part of their seniority time.
No Fire-Trainee shall receive any fringe benefits, other than hospitalization and coverage for industrial disability and pension as established in the State of Ohio, during the first sixty (60) compensated work days of his employment with the Department. However, provision shall be made for his coverage, by self-payment of appropriate fees, for other types of insurance which are available to other employees.
Seniority shall be established as of the date of the employee's appointment to the Department of Fire & Rescue Operations and shall be the total length of his continuous service after that date. Seniority shall be used for, but not limited to, the purpose of determining layoff and recall (from layoff) rights and the eligibility to take promotional examinations in the Department. Where more than one employee has been appointed on the same date, then his seniority shall be in accordance with his position on the original appointment list.
Seniority for lieutenants and captains shall be based on the date of promotion.
Seniority for paramedics shall be from the date of state certification. Where more than one employee has been certified on the same date, then his seniority shall be in accordance with his position on the original appointment list. For employees hired with prior paramedic certification, paramedic seniority shall commence on the date that they are first used in that capacity.
(A) Seniority During Military Service
Regular employees who leave the service of the City to enter that of the United States Armed Forces, or the services of the U.S. Maritime Commission, or who are drafted by the United States Government for civilian service, will upon their return within ninety (90) days from the release of such services, be granted all seniority rights as if continuously employed by the City during such service.
Sick days, and other benefits to which such employee is entitled, accrued prior to the date of the employee's entrance into the military service shall be preserved until his return to City employment. Whenever vacancies occur in the classified service by reason of military leaves of absence, appointments may be made for the duration of the emergency or earlier return to service of the employees granted such leaves for military service. All such appointments shall be subject to the priority rights of the permanent employees granted military leave.
(B) Military Leave
An employee who is called into military service shall be placed on an approved leave of absence during the period of time that he/she is required to serve. Upon discharge, the employee shall have ninety (90) calendar days to report back to the City to be reassigned in accordance with the law. The employee shall accrue seniority while on such leave as provided in this Title of the Code.
(C) Military Pay
When an employee is called for short term military leave it shall be defined as an active duty military assignment issued by the President of the United States, an Act of Congress, or a state of emergency as ordered by the Governor of the State of Ohio (excluding voluntary duty) for a period of less than twenty-three (23) days (either continuous or interrupted) or one hundred seventy-six (176) hours in any calendar year or military assignment. When an employee is called to active duty with their assigned military unit (excluding voluntary duty), they are entitled to a leave of absence from their respective City position without loss of pay for the time they are performing service in the uniformed services. They shall receive one month (twenty-two (22) days or one hundred seventy-six (176) hours) per calendar year of City paid military leave. While on military leave, the City shall continue all employer benefit coverage including, vacation and sick leave accrual allowance, lump sum and stipend payments, pension contributions and spouse and dependent health care coverage. An employee shall qualify for short term military leave coverage even if the leave is not for a one month continuous military assignment. An employee shall be entitled to all pay (both City and military) received during their short term military assignment. This pay is not for the purpose of attending monthly organizational or training meetings in a reserve unit.
"Long term military leave" shall be defined as a military duty assignment that exceeds twenty-two (22) days (either continuous or with interruption) or where a short term military leave assignment exceeds beyond the twenty-two (22) days. When an employee's military duty exceeds the short term leave period specified above because they have been called to active duty as a result of an executive order issued by the President of United States, an Act of Congress, or a state of emergency as ordered by the Governor of the State of Ohio, they shall be paid the difference between his or her regular rate of pay that they would have received pursuant to the contract, and the base pay they received from the military, for such a period. The City shall continue all employment benefit coverage for said employees during this period, to include, vacation and sick leave accrual, allowance, lump sum and stipend payments, pension contributions, and spouse and dependent health care coverage. This provision is intended to provide all employees called to active duty, as described, with the same amount of pay and benefits they would have received had the need for their military service not arisen. Payment and benefits shall be made to employees from the date of absence as a result of active military duty until they return to City employment and payroll.
(D) Military Drill Absence
The employee, upon submitting their military training schedule for the following year, shall be granted the right to use their vacation time and/or trades with themselves to cover their training absences.
(Ord. 463-03. Passed 5-27-03.)
A permanent employee who is unable to work because of industrial (service connected) disability shall accumulate seniority and all other benefits as a permanent employee during this period of sickness or disability not to exceed two (2) years duration, unless by mutual agreement this period is extended in writing.
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