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Council removes random drug testing from personnel policy, narrows post‑incident testing

Dayton City Council · June 25, 2025
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Summary

After discussion of THC detection windows and public‑safety concerns, council voted 3–2 to remove random drug testing from the personnel policy and clarified that post‑accident or return‑to‑work testing would be limited to serious incidents or leave tied to substance issues.

City staff returned with a revised personnel policy that removed a previous random‑testing provision and clarified post‑incident and return‑to‑work testing.

Under the change the council adopted, random testing is not allowed; return‑to‑work testing applies only when an employee’s leave was related to a substance‑use violation (for example, when leave is taken for treatment after a positive test). Post‑accident testing will be required in defined serious circumstances: a work‑related fatality, an accident in which a driver receives a moving‑violation citation, an injury requiring treatment away from the scene, or a vehicle that must be towed from the scene. City staff and union/association considerations still apply.

Council members said they were balancing liability concerns for public‑safety and CDL drivers against the difficulty of using THC test results as proof of on‑the‑job impairment because THC can remain detectable long after impairment ends. The policy passed on a 3–2 vote.

The council directed staff to finalize policy language reflecting those clarifications and to circulate the updated draft for employee relations and legal review.