2017-066 Resolution - Laserfiche WebLink

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ARTICLE XXXIV DRUG AND ALCOHOL POLICY 34.1 For the purpose of implementing the provisions of this article, each bargaining unit member shall execute medical releases in order for the Employer to obtain the results of the examinations/drug screen testing provided for in this Article and the Employer's Drug Testing Procedures per the City of North Olmsted Drug Free Workplace Policy. 34.2 The City's drug testing policy shall be the drug free workplace plans established by the Bureau of Workers' Compensation (BWC), a copy of which is attached hereto as Appendix B. It is further agreed to by the Association and the Employer that only BWC Level 3 Drug Free Workplace Policy will be implemented by the parties, with random drug testing. If there are any changes in the BWC policy during the terms of this Agreement, the Employer shall notify the Union and all employees of the changes in writing at least ten (10) days prior to the effective date of the changes, and the agreed upon policy attached to the CBA shall be updated to reflect the BWC changes, with copies being provided to the Association and employees. 34.3 If an employee is required to submit a written report, they shall be advised of the reason for such report. 34.4 In the event that disciplinary action is taken against a member, the member shall have the right to request the presence of an Association representative when such action is taken. 34.5 If all the screening and confirmatory tests are positive regarding the use of non -felonious drugs, the City shall require the employee to participate in a rehabilitation or detoxification program, as determined by appropriate medical personnel. This provision shall apply to only the first incident of positive testing of or use of non -felonious drugs. Any employee testing positive for the use of non -felonious drugs the second time and any employee testing positive for and/or the use of felonious drugs may be subject to disciplinary action up to termination at the Employer's discretion without any rehabilitation program. The cost of the program will be covered by the employee's health insurance plan or the employer. 34.6 An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, or personal days for the period of the rehabilitation. If no such leave credit is available, such employee may be placed on an unpaid medical leave of absence. 34.7 Upon completion of the program and retest that demonstrates that the employee is no longer illegally using a controlled substance, the employee shall be returned to his position. Such employee may be subject to periodic retesting at the Employer's discretion, upon return to his position for a period of two (2) years from the date of his return. 34.8 Any employee in the above mentioned rehabilitation program will not lose any seniority should it be necessary that he be required to take an unpaid medical leave of absence. 30