The town believes in its employees as well as its services. To protect against what the federal government has termed the “scourge of drug abuse” and to maintain our status as a “responsible source” for the award of federal contracts under the Drug-Free Workplace Act, the following is the policy of the town.
(A) General provisions.
(1) Effective immediately, any place our work is done, whether at this or other sites, is declared a drug-free workplace. These means employees cannot, for any reason, illegally manufacture, distribute, dispense, have with them, use or be under the influence of any controlled substance. Some controlled substances are narcotics (heroin, morphine and the like), cannabis (marijuana, hashish), stimulants (cocaine, diet pills and the like) and hallucinogens (PCP, LSD, “designer drugs” and the like). This is only a partial list. The Town Council can provide a complete list and explanation of controlled substances.
(2) If an employee violates the drug-free workplace policy, the Town Council has the right to terminate the employee for the first offense.
(3) Employees have the right to know about the dangers of drug abuse in the workplace, the town’s policy about them, and what help is available to help combat drug problems. The Town Council may have or recommend an educational program regarding the dangers of drug abuse in the workplace. Most important to those with such problems, the Town Council wants to make employees aware of kinds of help that are available on a voluntary basis. These include: medical insurance benefits for substance abuse programs, information about community resources for assessment and treatment, information about counseling programs. This help is available as part of the Town Council’s commitment to the health, safety and well being of our employees and their families. We encourage employees to use it as needed. In addition, the Town Council will provide supervisory training to assist in identifying and addressing illegal drug use by employees.
(4) Should any employee be convicted of violating a criminal drug statute in the workplace, the law requires that the employee notify the Town Council or respective superintendent within five days of conviction (including pleas of guilty or nolo contendere). Failure to do so can subject the employee to disciplinary action, up to and including termination. By law, the town must then notify the federal contracting officer of the conviction within ten days.
(5) On notice of such conviction, the Town Council must then either discipline the employee or offer participation in an approved rehabilitation or drug abuse assistance program. If such help is offered and accepted, the employee must satisfactorily take part in the program to continue employment.
(6) In order to maintain a safe and healthful work environment and in the interest of public safety, the Town Council reserves the right to set standards for employment and may require employees to submit to physical examinations including blood or urine tests for illegal drugs or the misuse of legal drugs on a random basis or where there is reasonable suspicion of drug use.
(7) The Town Council believes that rehabilitation is the preferred solution to arty such problem from all standpoints, as it both protects our investment in a trained employee and treats the individual concerned with dignity. The Town Council will therefore, as a matter of policy, extend the rehabilitation option whenever possible. Please note, however, that sale or other attempts to distribute illegal substances will not be tolerated.
(8) All employees are asked to acknowledge that they have been informed of the above policy and agree to abide by it in all respects. By law, this acknowledgment and agreement are required of employees as a condition of continued employment.
(B) Pre-employment drug testing policy.
(1) Safety, efficiency and quality work performance by all employees is essential for the town to be maintained in a positive position. The town is committed to providing a safe, efficient and productive work environment for all employees. The use of illegal drugs by employees adversely affects a safe, efficient and productive work environment.
(2) In pursuit of this commitment the town’s employment application process will require pre-employment drug screening. This screening is designed to prevent hiring individuals who use illegal drugs which pose a potential for impaired or unsafe job performance.
(3) Applicants who test positive will not be accepted for employment with the town. Any applicant who refuses to fully participate in the drug screening process will likewise not be accepted for employment with the town. Any applicant who is rejected for employment under the above circumstances may reapply no sooner than 45 days after rejection.
(4) During the re-application process, the applicant will be required to show proof of successful participation in rehabilitation program accepted by the town. Rehabilitation will be required to submit to another pre-employment drug screening.
(5) Anyone who reapplies and is accepted for employment will be required to execute a conditional employment agreement and agree to participate in a 60-month unannounced drug testing program.
(C) Agreement. Copies of this agreement will be kept in the employee’s personnel file in the office of the Clerk-Treasurer.
DRUG-FREE WORKPLACE POLICY
ACKNOWLEDGMENT AND AGREEMENT
ACKNOWLEDGMENT AND AGREEMENT
Under the terms of the Drug-Free Workplace Act, the Daleville Town Council is required to give all employees a copy of the official policy statement concerning the establishment of a drug-free workplace. Please sign below that:
• You have received this statement.
• You have read it or been informed of its contents.
• You agree to abide by this policy in all respects.
NOTE THAT THE LAW REQUIRES YOU TO ACKNOWLEDGE AND AGREE TO THE ABOVE AS A CONDITION OF CONTINUED EMPLOYMENT.
Acknowledged and Agreed:
____________________________________
Signature of Employee
____________________________________
Printed Name
____________________________________
Department
____________________________________
Date
(Ord. 89-2, passed 2-2-1989)