(A) Policy. It is the policy of the city to maintain a drug-free work environment through the use of a reasonable employee drug-testing program. Any candidate who has been identified for hire with the city shall be administered a pre-employment drug screen prior to receiving a final and firm offer of employment. Candidates who do not successfully complete or pass the drug screen shall not be appointed to a city position. No person shall begin employment until a negative test result is received by Human Resources.
(B) Definitions.
(1) BLOOD ALCOHOL CONTENT (BAC) TEST. A test to determine the amount of alcohol that is in a person's body by measuring the amount of alcohol in the air that the person exhales.
(2) CERTIFIED MEDICAL REVIEW OFFICER (MRO). A physician identified as a certified MRO by the testing agency to receive and evaluate results of drug test(s) performed on employees.
(3) CONTROLLED SUBSTANCE OR OTHER DANGEROUS SUBSTANCES. All items listed in the R.C. § 3719.41 or other pharmaceuticals that are available only by professional legal medical prescription.
(4) DRUG TEST. The production and submission of urine or other bodily fluids by an employee for chemical analysis to detect prohibited drug usage.
(5) POST-ACCIDENT TEST. A test conducted on an employee to determine whether drug or alcohol was a factor in an on-the-job accident (vehicular or otherwise) that may have involved human error which may have caused injury or property damage.
(6) REASONABLE SUSPICION. Means objective facts or specific circumstances found to exist, including inferences from those facts and circumstances which present a reasonable basis to believe an employee on duty is under the influence of alcohol or is using or abusing illegal drugs.
(7) REBUTTABLE PRESUMPTION. Rebuttable presumption means a positive test for alcohol or any of nine specified controlled substances (drugs) by the Ohio Bureau of Workers' Compensation or a refusal to be tested can create a presumption that the presence of alcohol/drugs in an employee's system is the proximate cause of a work-related injury, which may make the injured workers' claim non-compensable.
(8) SAFETY SENSITIVE POSITION. Any position through the nature of the assigned duties could be detrimental or dangerous to the physical well-being of the employee, co-workers or the general public through a lapse of attention or judgment. This may include positions where the national security or the security of employees or the general public may be jeopardized or compromised through a lapse in attention or judgment.
(C) Prohibited activity. The following rules shall apply to all employees while on and off duty:
(1) No employee shall illegally possess any controlled substance.
(2) No employee shall ingest any controlled or other dangerous substance, unless as currently prescribed by a licensed medical practitioner.
(3) No employee shall ingest any prescribed medication in amounts beyond the prescribed dosage.
(4) No employee will report to work with a BAC of .02 of one gram by weight of alcohol per 210 liters of breath or greater or .02 of 1% by weight of alcohol in blood or greater or .0028 of a gram by weight of alcohol per 100 ml of urine or greater.
(D) Notification of medications. Employees shall notify their immediate supervisor and/or Human Resources when using a prescription medicine, which has the potential to impair job performance. The employee shall advise the supervisor of the known side effects (e.g., drowsiness, dizziness, slurred speech, motor impairment, depression) of such medication and the prescribed period of use. Human Resources shall maintain any documentation of an employee's prescription in a secured medical file.
(E) Unintended medication ingestion. Any employee who unintentionally ingests, or is made to ingest a controlled substance shall immediately report the incident to their supervisor so that appropriate medical steps may be taken to ensure the employee's health and safety.
(F) Random drug test.
(1) All employees of the city shall be subject to random drug and/or alcohol testing. An employee who performs work of a safety-sensitive nature shall be subject to random drug and/or alcohol testing equivalent to current DOT requirements. The Human Resources Manager shall maintain a database of those employees who work in safety-sensitive positions. The Human Resources Manager shall determine the frequency and timing of random drug tests. Employees shall be randomly selected and identified through the local occupational health facility.
(2) When initiating a random test, the Human Resources Manager shall contact the supervisor or department head of an employee selected for a random drug and/or alcohol test. The supervisor shall escort the employee to the testing location as soon as practicable once notified of the need for a test. An employee selected for a test that is absent or away from the city shall be tested upon his return to the city during the same work shift or at the beginning of the employee's next regularly scheduled work day. In such situations, the employee shall not be provided with advanced notice that he/she has been selected for a random test. If the employee is not scheduled to return to work within 48 hours of the initial selection, the Human Resources Manager will identify the next employee on the alternate list also provided by the local occupational health facility, and follow the same procedure as described.
(G) Reasonable suspicion test.
(1) Any employee having a reasonable basis to believe that another employee is illegally using, or in possession of any controlled substance shall report the facts and circumstances to his or her supervisor.
(2) Any employee having a reasonable suspicion that another employee appears to be under the influence of a controlled substance or alcohol, shall immediately report the facts and circumstances to their immediate supervisor or in the absence of an immediate supervisor, any supervisor that is available to witness the employee's observations.
(3) Should the supervisor concur with a reasonable suspicion of drug or alcohol impairment, the supervisor shall require the employee to submit to a reasonable suspicion drug and alcohol test and immediately provide for an escort of the employee to and from the city's designated drug testing facility or hospital emergency room (if off-hours). The supervisor shall attempt to notify Human Resources of the need for a reasonable suspicion test. If prior notification is not possible, Human Resources will be notified at the earliest convenience.
(H) Post accident test. An employee who has been involved in an on-the-job accident that may have involved human error that may have caused a fatality, injury, or property damage may be taken for a post-accident drug and alcohol test. The supervisor, department head or Human Resources Manager should ascertain whether or not a test is necessary after taking into consideration the nature of the accident, the weather conditions at the time of the accident (if applicable) and the extent of any injuries or property damage. If determined that a post-accident test is deemed necessary, the employee shall be escorted by a supervisor/acting supervisor to the city's designated drug testing facility or hospital emergency room (if off-hours) to determine whether drug or alcohol use was a factor. The test should be administered as soon as reasonably possible, but in no case more than 32 hours of the accident.
(I) Physical examinations. A drug test will be administered as part of any regular, required physical examination.
(J) Testing facility. Drug and alcohol testing will be completed locally by the occupational health department of the local hospital or as specifically designated by the city. The Human Resources Manager should be contacted for the location of a testing facility in circumstances where a drug and alcohol test is required for an employee who is working outside of the city and where it would be impractical for a test at the locally designated site.
(K) Testing process.
(1) An employee shall submit to a pre-employment, random, reasonable suspicion and post-accident test where required. Where an employee appears unable or unwilling to give a specimen at the time of the test, the testing personnel shall document the circumstances on the drug-test report form. The employee shall be permitted no more than eight hours to give a sample, during which time he or she shall remain in the testing area, under observation. Reasonable amounts of water, not to exceed 16 fluid ounces, may be given to the employee to encourage urination. Failure to submit a sample of urine within eight hours of the original request will be considered a refusal to submit to a drug-test.
(2) All costs associated with the testing process shall be assumed by the city. All testing shall be done by certified personnel and in accordance with generally recognized standards that assure privacy, accuracy and a verifiable chain of evidence.
(L) Treatment.
(1) An employee who recognizes that they may have a drug and/or alcohol problem is encouraged to voluntarily request treatment. A voluntary request for treatment will not result in disciplinary action. However, the employee will be required to follow up with any treatment recommended by the substance abuse professional.
(2) An employee shall use accumulated sick leave, or other paid leave in lieu of sick if no sick leave exists, during any period of in-patient or out-patient drug and/or alcohol treatment that conflicts with the employee's regular work schedule. The employee shall attempt to schedule treatment in such a manner so as to not interfere with work where possible. Payment for this treatment will be limited to the extent of coverage available under the city-sponsored health insurance except as otherwise approved in advance by the respective appointing authority.
(3) An employee who commits an offense which could result in disciplinary action being taken and then voluntarily requests for substance abuse treatment will not be exempt from disciplinary action.
(M) Corrective action. An employee who refuses to take/submit to a drug and/or alcohol test when required by this policy may be subject to discipline, up to and including termination. An employee who has a confirmed positive test result in violation of the thresholds established in this policy, will be immediately placed on administrative leave pending the outcome of an investigation and sent home for the day. The employee may be subject to discipline, up to and including termination.
(N) Drug thresholds.
(1) The following drug thresholds apply for the initial (immunoassay) and confirmatory (gas chromatography/mass spectrometry) drug test:
Initial Test (Immunoassay) | Confirmatory Test (Gas Chromotography/Mass Spectrometry) | ||||
Drug | DOT (CDL's) | All Others | DOT (CDL's) | All Others | |
Amphetamines | 500 | 1000 | 250 | 500 | |
Cannabinoids | 50 | 50 | 15 | 15 | |
Cocaine (including crack) | 150 | 300 | 100 | 150 | |
Opiates | 300 | 2000 | 300 | 2000 | |
Phencyclidine | 25 | 25 | 25 | 25 | |
(2) All thresholds values are expressed in nanograms per milliliter (ng/mL).
(O) Rebuttable presumption.
(1) If an employee sustains a work-related accident or illness and a post-accident drug and alcohol test reflects a positive test result or the employee refuses to be tested, it will be the intent of the city to seek a disallowance of any subsequent Workers' Compensation claim. The city will presume that alcohol consumption and/or the use of a controlled substance that was not prescribed by the employee's physician was the main reason or cause of the injury sustained.
(2) The burden of proof will be on the employee to prove that the presence of alcohol or a controlled substance was not the proximate cause of the work-related injury. An employee who tests positive or refuses to submit to chemical testing may be disqualified for compensation and benefits under the Workers' Compensation Act.
(Ord. 138-95, passed 12-29-95; Am. Ord. 93-96, passed 8-20-96; Am. Ord. 05-158, passed 12-20-05; Am. Ord. 12-034, passed 5-15-12; Am. Ord. 19-121, passed 12-3-19)