Chemical or Mechanical Tests. Chemical or mechanical tests may be administered to any bargaining unit member to determine their fitness for duty, when such tests are a part of an official administrative investigation or when there is probable cause to believe the employee may be unfit for duty. Such tests may be conducted in accordance with the provisions of the State of Ohio’s Drug Free Workplace Program and the Federal Omnibus Transportation Safety Act.
Chemical or Mechanical Tests. Chemical or mechanical tests may be administered to any employee (1) to determine fitness for duty if the Employer has reasonable suspicion to believe that the employee may be unfit for duty, (2) where there is a reasonable suspicion to believe that the employee, when appearing for duty or on the job, is under the influence of, or his/her job performance is impaired by, alcohol or other drugs, (3) when such tests are part of an official internal investigation and, (4) randomly for certain employees as defined in this Section. The reasonable suspicion must be based on objective facts or specific circumstances found to exist that present a reasonable basis to believe that an employee is under the influence of, or is using or abusing alcohol or drugs. Examples of reasonable suspicion include, but are not limited to, slurred speech, disorientation, abnormal conduct or behavior, or involvement in an on-the-job accident resulting in personal injury or property damage or which could have resulted in personal injury or property damage where the circumstances raise a reasonable suspicion concerning the existence of alcohol or other drug use or abuse by the employee. Under this Section, an employee may be required to submit a urine specimen to test for the presence of drugs or alcohol, or a breath sample to test for the presence of alcohol. Any positive test shall be subject to a second independent confirmatory test before any disciplinary action may be initiated. Employees who test positive on both tests shall have the option of completing a treatment program through the State of Ohio EAP in lieu of discipline. Upon successful completion of the treatment program, he/she shall be subject to random tests for a period of one (1) year. Testing of specimens or samples will only be conducted by National Institute of Drug Abuse (NIDA) certified laboratories. All test results shall be evaluated by suitably trained medical or scientific personnel prior to being reported. Where a positive report is received, urine specimens shall be maintained under secure storage for a period of not less than one year. All negative, and/or all unconfirmed positive, test records, specimens, and samples shall be destroyed by the laboratory. BCI Special Agents and Medicaid Fraud Special Agents shall be subject to random drug testing. The parties shall both follow the methods and procedures for random testing outlined below:
