(A) Purpose; notice.
(1) The village has a legal responsibility and management obligation to ensure a safe work environment, as well as paramount interest in protecting the public by ensuring that its employees have the physical stamina and emotional stability to perform their assigned duties. A requirement for employment shall be an employee who is free from drug dependence, illegal drug use or drug abuse.
(2) Liability could be found against the village and the employee if the village fails to address and ensure that employees can perform their duties without endangering themselves or the public.
(3) There is sufficient evidence to conclude that use of illegal drugs, the misuse of any drug or drug dependence seriously impairs an employee’s performance and general physical and mental health. The illegal possession and use of drugs and narcotics by employees is a crime in this jurisdiction and clearly unacceptable. Therefore, the village has adopted this written policy to ensure an employee’s fitness for duty and a condition of employment to ensure drug tests are ordered on a reasonable suspicion following an established written policy and procedure and where the employee knows testing is a requirement of employment.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRUG TEST. A urinalysis test administered under approved conditions and procedures to detect any of the following: amphetamines, barbiturates, benzodiazepines (valium, librium), benzoylecognine (cocaine metobolite), cannabinoids (THC, marihuana), opiates (codeine), morphine (from heroin), hydromorphone, methaqualone, methadone and phencyclidine (PCP). These drugs are screened and confirmed at a cutoff concentration of 300 ng/ml, with the exception of cannabinoids which is 20 ng/ml, phencyclidine at 25 ng/ml and amphetamines at 25 mg/ml.
EMPLOYEE. All personnel employed by the village, and additionally includes, all volunteer firefighters and all volunteer emergency unit personnel. EMPLOYEE shall not include elected public officials.
REASONABLE SUSPICION. An apparent state of facts, circumstances or information which exists from and inquiry by the supervisor or from a creditable source which would induce a reasonably intelligent and prudent person to believe the employee was under the influence or using drugs/narcotics.
SUPERVISOR. Employees assigned to a position having day-to-day responsibility for supervising subordinates or employees responsible for commanding a work element.
(C) General rules.
(1) Employees shall not take any narcotics or dangerous substances unless prescribed by a person licensed to practice medicine. Employees who are required to take prescription medicine shall notify their immediate supervisors of the medication prescribed and the nature of the illness or injury. Any statutory defined illegal use of drugs by an employee, whether at or outside village employment, shall not be tolerated.
(2) All property belonging to the village is subject to inspection at any time without notice as there is no expectation of privacy. Property includes, but is not limited to, village owned vehicles, desks, containers, files and storage lockers.
(3) Employees who have a reasonable basis to believe that another employee is illegally using drugs or narcotics shall report the facts and circumstances immediately to their supervisor.
(4) Failure to comply with the intent or provisions of this section may be used as grounds for disciplinary action. Refusal by an employee to take the required drug test or follow the regulations prescribed in this section shall result in immediate relief from village duties pending disposition of any administrative personnel action.
(D) Policy for drug testing/urinalysis.
(1) All prospective appointees for any position in the village shall be routinely tested for drug or narcotic usage as part of their pre-employment medical examination. The testing procedure and safeguards set forth in this section shall be followed by the examining physicians and others involved in the testing procedure.
(a) Before the testing, the applicant shall be advised of the drug testing and will receive a thorough briefing during which collection and analysis procedures will be explained.
(b) Refusal to take the test, or test results reporting a presence of illegal drugs or narcotics or the use of nonprescription drugs, shall be the basis of discontinuing an applicant in the selection process. Any use or possession that constitutes a criminal offense shall preclude any further consideration for employment.
(c) Applicants found to be involved in the illegal sale, manufacture or distribution of any narcotic/drug shall be permanently rejected.
(d) Applicants demonstrating addiction to any narcotic/drug shall be permanently rejected.
(e) Any improper use of any narcotic/drug by an applicant after application shall be grounds for permanent rejection.
(f) The results of drug tests on applicants for the position of sworn police officer shall be kept confidential.
(2) Current employees of the village shall be required to submit to a test for drug or narcotic usage as outlined below.
(a) A supervisor may order a drug test when there is a reasonable suspicion that an employee has been using any drug or narcotic and that this use may present a risk to his or her safety or that of fellow employees or the public.
(b) The purpose of the test is to determine if any drug or narcotic is present in the employee’s system. The employee shall be advised of the content and details of the allegation.
(c) A supervisor who orders a drug test when there is a reasonable suspicion of the use of any drug or narcotic shall forward a report containing the facts and circumstances directly to the department head. The employee shall be verbally advised of the reasonable suspicion at the time of the test and receive a written statement of the same reasonable suspicion within 24 hours of the test.
(d) Test results reporting a presence of illegal drugs or narcotics, or the use of prescription drugs without prescription or the abuse of any over-the-counter drugs shall be submitted to the department head for further action.
(3) The procedure for administering the urinalysis program is outlined in division (E) of this general order.
(4) Employees who have been found to be using any drug which is illegal under the Ohio Revised Code shall be subject to disciplinary action. If the employee agrees to enter and successfully complete a rehabilitation program, the disciplinary action shall not exceed 30 calendar days for the first offense. Thereafter for a period of two years, the employee shall be subject to random urinalysis at any time.
(E) Urinalysis procedures.
(1) Obtaining urine samples.
(a) The employee shall be notified of the test requirement just prior to being transported without delay to the medical facility or laboratory designated by the department to obtain the urine sample. At the time of the test, the subject will be notified of the specific drugs which will be screened by the test. The employee will be accompanied by a testing supervisor of the same sex.
(b) The room where the sample is obtained shall be private and secure with documentation maintained that the area has been searched and is free of any foreign substances. The testing supervisor (of the same sex) shall be in the presence of the employee to ensure that the sample is from the employee and was actually passed at the time noted on the record. Specimen collection shall occur in a medical setting and the procedures should not demean, embarrass or cause physical discomfort to the employee.
(c) An interview with the employee prior to the test shall serve to establish use of drugs currently taken under medical supervision. The employee/applicant shall be required to identify any prescription or nonprescription medication taken in the past week. The medication and time last taken shall be noted on a form to be designated for this purpose. Medications containing narcotic drugs, hypnotics, stimulants, depressants, sedatives and most muscle relaxants shall be reported. Drugs such as aspirin, cold medications, tylenol, birth control pills and antihistamines, except those containing codeine, need not be reported. In the event the employee/ applicant is taking medications which require reporting, the testing officer shall attempt to verify the validity of this use through interviews and request the employee/ applicant to provide a copy of the prescription. The complete form shall accompany the specimen.
(d) The employee shall be allowed to select two of several containers to be used to hold the sample.
(e) The containers shall be new and free of contaminants.
(f) The employee/applicant shall deposit a minimum volume of urine (two ounces) in each container and tightly cap it. Employee/applicants who are unable to provide an adequate sample initially shall remain under observation until able to do so.
(g) A tamperproof seal shall be used on the containers.
(h) The containers shall be labeled in front of the employee.
(i) Each step in the collection and processing of the urine sample shall be documented to establish procedural integrity and the chain of evidence.
(j) Social security numbers shall be used as donor identifying numbers. This number shall be utilized to identify the sample throughout the collection and testing phases of the urine screening. The purpose of the donor identifying number is to protect the identity of the donor providing the sample. Laboratory testing personnel shall only have access to the identifying number and not the individual’s name.
(k) Testing supervisors shall be assigned by the department head.
(l) The second sample container shall be secured and preserved according to generally accepted lab procedures at the site where the samples are passed and collected. In the event the first sample shows a presence of any illegal drug or narcotic, the employee shall have the option of having the second sample tested (at his or her own expense) at another qualified medical facility or laboratory, generally accredited by a standardizing body within a reasonable distance. To facilitate this testing, the second sample shall be secured from the collection site by the testing supervisor and transported or caused to be transported to the second laboratory where it will be tested. The tests employed shall be of the same type employed by a primary laboratory.
(2) Processing urine samples. To ensure optimum accuracy, the tests shall be drug-specific. The drug abuse screening test shall consist of two tests.
(a) The initial test of each urine sample shall employ a methodology different from the secondary confirmation test.
(b) The initial screening test shall be the EMIT (Enzyme Multiplied Immunoassay Technique). The test process at the laboratory for the initial analysis shall be completed in 24 to 48 hours.
(c) The secondary confirmation test of any positive findings in the initial test shall be gas chromatography/mass spectrometry.
(d) The test procedure for determining the presence of cannabinoids shall be immunoassay. A secondary confirmation test of a positive finding for the presence of cannabinoids shall be gas chromatography-mass spectrometry.
(e) The foregoing drug testing procedures are not meant to be an exhaustive compilation of tests that will be or could be used to implement the personnel drug screening program.
(f) The testing laboratory shall make provision to properly preserve, store and secure one aliquot of the original urine specimen to be preserved and made available for purposes of independent confirmation testing by experts chosen and authorized by the subject-employee. This employee confirmation test shall be conducted at the testing laboratory jointly with the experts representing the subject-employee.
(3) All persons whose confirmatory test results in a positive finding for controlled substances shall be subject to discipline and/or rehabilitation as set out in divisions (C)(4) and (D)(4) of this section.
(Prior Code, § 246.16) (Ord. 650, passed 10-18-1999)