Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-76 - Drug-Free Workplace Program › Section 123:1-76-10 - Reasonable suspicion testing

Current through all regulations passed and filed through July 1, 2024
(A) Where there is reasonable suspicion to
			 believe that an 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, the employee may be required to submit a urine specimen for testing for
			 the presence of drugs or a breath sample for testing for the presence of
			 alcohol.
(B) Such reasonable
			 suspicion must be based upon 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 and/or other drugs. Examples of
			 reasonable suspicion shall include, but need not be limited to, slurred speech,
			 disorientation, and abnormal conduct or behavior.
(C) Reasonable suspicion must be documented
			 in writing according to procedures prescribed in applicable federal
			 regulations, any applicable collective bargaining agreement covering the
			 employee or, in the absence of any such regulations or agreement, by procedures
			 developed by the director of the department of administrative
			 services.
(D) Reasonable suspicion
			 testing shall also include incident-based accident or unsafe practice testing
			 wherein employees involved in on-the-job accidents or who engage in unsafe
			 on-duty job-related activities that pose a danger to themselves, to others, or
			 the overall operation of the agency may be subject to testing. Such
			 incident-based reasonable suspicion testing shall be for conditions and
			 situations and according to procedures prescribed by applicable collective
			 bargaining agreements covering the employee or, in the absence of any such
			 agreement, according to conditions and procedures developed by the director of
			 the department of administrative services. Employees subject to federal testing
			 procedures will submit to federal post-accident testing as required by federal
			 regulations.
(E) The employee shall
			 be asked to provide the urine sample or submit to a breath test for alcohol in
			 accordance with criteria delineated in the applicable collective bargaining
			 agreement for the employee or, in the absence of any such agreement, according
			 to criteria developed by the director of the department of administrative
			 services or as required by federal regulations.
(F) Supervisors and managers shall be trained
			 to address the abuse of alcohol or other drugs by employees, to recognize facts
			 that give rise to reasonable suspicion, and the proper procedures for
			 documenting facts and circumstances to support a finding of reasonable
			 suspicion as required by collective bargaining agreements or, in the absence of
			 any such agreements, by the director of the department of administrative
			 services. Failure to receive such training shall not, however, invalidate
			 otherwise proper reasonable suspicion testing.
(G) Employees shall be given the opportunity
			 as required by applicable collective bargaining agreements or, in the absence
			 of such agreements, as stipulated by the director of the department of
			 administrative services to offer an explanation or submit medical documentation
			 of legally prescribed medications, legally recommended
			 medical marijuana, or exposure to toxic substances which may explain a
			 positive test result. Such information shall be reviewed only by the medical
			 review officer in his/ her determination of the validity of a positive
			 confirmatory test and shall be released to the employer only to explain a test
			 result.
Effective: 11/9/2018
Five Year
				Review (FYR) Dates: 6/1/2018 and
				01/15/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.09,
				124.34
Prior
				Effective Dates: 06/14/1992,
				07/26/2002