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HRD
> Employment Processing > Drug-Free
Workplace Services Program >
The State
of Ohio Drug-Free Workplace Policy
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State
of Ohio employees are prohibited from unlawfully manufacturing,
distributing, dispensing, possessing, or using alcohol or a
controlled substance in the workplace. "Controlled substance"
means those substances defined in Sections 3719.01
and 3719.41
of the Ohio Revised Code.
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Ohio
currently has an Employee Assistance Program which refers employees
or their families to appropriate substance abuse rehabilitation
programs. These programs are often subsidized by the employee's
health insurance plan. Employees with substance abuse problems
are encouraged to voluntarily contact the Employee Assistance
Program and enroll in a rehabilitation program certified by
the Ohio
Department of Alcohol and Drug Addiction Services. Voluntary
contact of the EAP or enrollment in a substance abuse program
will not adversely affect employment. However, continued unacceptable
job performance, attendance, and/or behavioral problems will
result in disciplinary action, up to and including termination.
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Managers
and supervisors shall be provided training about the Drug-Free
Workplace Policy and the drug testing program and shall be responsible
for implementation, enforcement and monitoring of the Policy
and program to ensure that they are administered consistently,
fairly and within appropriate Constitutional parameters.
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State
of Ohio employees are required to report to work in a fit condition
to perform their duties. If an employee reports to work under
the influence of alcohol or other drugs, it will be considered
a violation of the State's drug-Free Workplace Policy. The employee
will be subject to disciplinary actions pursuant to ORC
Section 124.34, the disciplinary provisions of any applicable
collective bargaining agreements, and employing agency work
rules, policies and procedures.
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The
State of Ohio will not hire anyone who is known to currently
abuse alcohol and/or other drugs. However, this policy shall
not preclude the State from hiring persons who are in recovery
from alcohol and/or other drug addiction.
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The
State of Ohio prohibits all employees on official business,
on or off the workplace, from purchasing, transferring, using
or possessing illegal drugs, or abusing alcohol, or abusing
prescription drugs in any way that is illegal.
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The
State recognizes that some prescription medications may cause
impairment in judgment, coordination, and physical ability.
Reasonable accommodations will be made for any employee who
uses a prescribed medication.
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The
State of Ohio will enforce the Policy through management supervision
and alcohol and/or other drug testing, The drug testing program
will include the following components:
- Applicant
Testing: Final applicants for testing-designated positions
with the State of Ohio will undergo drug testing prior to
hiring.
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Reasonable
Suspicion Testing: Any employee may undergo alcohol and/or
other drug testing based on a for-cause determination by
Management. Any employee involved in a significant incident
in which the health or safety of himself, herself, or other
individuals is involved, or in which extensive property
damage has occurred, will undergo alcohol and/or other drug
testing according to requirements of any governing collective
bargaining agreement(s) or the Director of the Department
of Administrative Services.
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Follow-up
Testing: Any employee referred through administrative channels
to a counseling or rehabilitation program as a result of
that employee's on-the-job substance abuse may be subject
to follow-up testing according to specifications and provisions
of any governing collective bargaining agreement(s) or the
Director of the Department of Administrative Services.
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Confidentiality
about alcohol and/or other drug test results will be maintained
to the extent provided by law, and employees shall have the
opportunity to refute the results of any alcohol and/or other
drug tests.
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Employees
who are found to be under the influence of alcohol and/or other
drugs while on official business, on or off the workplace, are
subject to discipline provisions of the various state collective
bargaining agreements, employing agency work rules, policies,
and procedures and ORC
Section 124.34, as applicable.
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Employees
who have a confirmed positive alcohol or other drug test may
be required to enroll in and successfully complete a substance
abuse rehabilitation program cerfified by the Ohio Department
of Alcohol and Drug Addiction Services. If an employee has a
confirmed positive drug test while enrolled in or subsequent
to completion of the rehabilitation program, the employee will
be subject to discipline, up to and including dismissal. Notwithstanding
this provision, employees may still be subject to disciplinary
action for workplace or job-related incidents which may be directly
or indirectly associated with the drug test results.
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The
sale or possession of alcohol and/or illicit drugs in the workplace
or any location where employees conduct official business shall
be reported to the Ohio State Highway Patrol or other appropriate
law enforcement authorities. Any criminal drug conviction occurring
in the workplace will be reported to federal granting authorities.
Employees who possess or sell alcohol or illicit drugs in the
workplace or any location where employees conduct official business
will be appropriately disciplined pursuant to ORC
Section 124.34, the discipline provisions of the various
state collective bargaining agreements, and employing agency
work rules, policies and procedures. Sale of illicit drugs in
particular will result in the strongest form of discipline possible,
up to and including termination.
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Each
employee is required to notify the Appointing Authority of his/her
agency within five (5) days after he or she is convicted of
a violation of any federal or state criminal drug statute where
such violation occurred at the workplace or any location where
official business is conducted. A conviction means a finding
of guilty, no contest (including a plea of nolo contendere)
or the imposition of a sentence by a judge or jury in any federal
or state court. The employing state agency has an obligation
to notify the U.S. government agency with which it has a contract
or grant within ten (10) days after receiving notice from the
employee or otherwise actual notice of such conviction. Any
employee who fails to report such a conviction will be subject
to immediate termination.
Within thirty (30) days of such notification, the Appointing
Authority will be required to take appropriate disciplinary
action against such an employee, up to and including termination.
The Appointing Authority may also refer the employee to the
Employee Assistance Program for referral and treatment.
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All
State of Ohio employees will be provided with periodic Drug-Free
Workplace training. The training will include information regarding:
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dangers of alcohol and other drug abuse in the workplace;
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the
State of Ohio Drug-Free Workplace Policy;
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the
Employee Assistance Program and other available treatment
programs; and
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penalties
that may be imposed upon employees for alcohol and/or other
drug abuse violations occurring at the workplace or any
location where official business is conducted.
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Outside
contractors or vendors who are working on state property shall
sign a Certificate of Drug-Free Workplace Compliance as a condition
of such contract.
For additional information about the Drug-Free Workplace Program
and Ohio law, please see:
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