(a) Definitions.
(1) “Under the influence” means any mental, emotional, sensory or physical impairment due to the use of drugs or alcohol.
(2) “Illegal drug” means any drug that is not legally obtainable, that is being used in a manner or for a purpose other than prescribed.
(3) “Control substance” has the same meaning as defined in Ohio R.C. 3719.01(D).
(b) Purpose. Employees are the Village’s most valuable resource and their health and safety are of paramount concern. Therefore, the purpose of this policy is to provide employees a safe work environment unaffected by the abuse of alcohol and the illegal use of drugs to provide them with guidelines that the Village will apply for the handling of alcohol and drug situations.
(c) Use of Drugs and Alcohol.
(1) Employees shall not possess, sell or use illegal drugs or controlled substances, nor abuse prescribed drugs, while on the job or on Village property.
(2) Employees shall not report to work under the influence of illegal drugs. Use of prescribed drugs shall be reported to their supervisors.
(3) Employees shall not report to work under the influence of alcohol or possess or consume alcohol while on the job.
(4) In the case of a positive test result, the employee shall seek professional help for a drug related problem. If the treatment requires that the employee not work for a specific period of time, the employee will be considered on sick leave. This leave may be conditional upon receipt of reports that the employee is cooperating and making reasonable progress in the treatment program. In additional, this leave is conditional upon the employee entering an appropriate treatment program as soon as possible. The employee will authorize the sap office to provide the Village of West Liberty updates and progress reports while in rehabilitation program.
(5) Treatment programs acceptable to the Village of West Liberty under this policy are those provided by facilities which are accredited by the Joint Commission on the Accreditation of Hospitals and/or licensed through an appropriate state licensing agency.
(6) Any employee who has returned to work after participating in a treatment program and fails a re-test thereafter shall be discharged.
(d) Drug Dependency Treatment.
(1) Employees are urged to request assistance with any drug problem before disciplinary action is necessary. If an employee advises the Village of a drug problem, the employee will be urged to receive counseling, and if necessary, will be permitted to take a leave of absence to receive the recommended treatment. However, a drug related problem will not excuse any violation of Village rules.
(2) Chemical dependencies are treatable. Employees covered by Village sponsored health, may have limited coverage for treatment of chemical dependency. Any costs associated with treatment that are not covered by insurance will be the responsibility of the employee.
(e) Disciplinary Action. In addition to other disciplinary actions provided for herein:
(1) Any employee who violates subsection (c) hereof shall be subject to disciplinary action up to discharge;
(2) Any employee who violates subsection (d)(1) hereof shall be subject to disciplinary action up to discharge;
(3) Any employee who is convicted of a violation of a criminal drug offense as stated in subsection (d)(2) shall be subject to disciplinary action up to discharged; and
(4) Any employee who fails to seek or successfully complete the rehabilitation and counseling provided for in subsection (c) hereof, shall be discharged.
(Ord. 2002-05. Passed 4-8-02.)