(a) General Provisions. The City of Martins Ferry is committed to maintaining a drugfree workplace. The manufacture, distribution, sale, dispensation, possession or use of alcohol or a controlled substance in the workplace is specifically prohibited.
(b) Definitions.
(1) “Possession” means having in or on one’s person, effects, motor vehicle, tools or areas substantially entrusted to one’s control, such as desks, files or lockers.
(2) “Workplace” means any City office, building, real estate (including parks and parking lots owned or leased by the City), motor vehicles or any other site where a City employee is to perform work for or on behalf of the City.
(3) “Controlled substance” means substances defined in Schedule I through V of Section 812, 21 C.F.R. Part 1208 (1989).
(4) “Conviction” means a finding of guilt by any judicial body charged with the responsibility of determining violations of the federal, state or local criminal drug statutes or ordinances.
(5) “Criminal drug statute or ordinance” means a criminal statute or ordinance involving manufacture, distribution, sale, dispensation, use or possession of any controlled substance.
(c) Prohibited Conduct.
(1) The manufacture, distribution, sale, dispensation, possession or use of a controlled substance in violation of any federal, state or local statute or ordinance constitutes ground for dismissal. Employees manufacturing, distributing, selling, dispensing, possessing or using a controlled substance shall be subject to appropriate discipline.
(2) The failure of any employee to notify his/her department supervisor of any criminal drug statute or ordinance conviction shall make that employee subject to dismissal.
(3) The manufacture, distribution, sale, dispensation, possession or use of alcohol while on duty or on City property or while in custody or charge of City equipment constitutes grounds for dismissal.
(d) Roles and Responsibilities.
(1) Within ten days after receiving notice of a criminal drug statute or ordinance conviction of a City employee, the Mayor or his designee shall notify any granting federal agency of a criminal drug statute or ordinance conviction against an employee for conduct:
A. Occurring within the workplace; and
B. In connection with that federal agency’s grant.
(2) Within thirty days after receiving notice of a City employee’s criminal drug statute or ordinance conviction, the employee’s department supervisor shall take appropriate disciplinary action.
(3) Department supervisors shall assist in ensuring that the workplace is free of controlled substances and that their departments meet the requirements of the Drugfree Workplace Act of 1988. Department supervisors shall make employees under their supervision aware of the Employee Assistance Program and shall report immediately to the Mayor or his designee any reasonable evidence to suspect that any employee is manufacturing, distributing, selling, dispensing, possessing or using a controlled substance.
(4) Employees shall report to their supervisor any conduct of other employees manufacturing, distributing, selling, dispensing, possessing or being under the influence of controlled substances.
(e) Self Referral. Any employee who desires assistance with respect to controlled substances or alcohol may use nonchargeable leave for self-referral to the EAP. The employee shall obtain the approval of the department supervisor before leaving the worksite to attend an EAP appointment. All formal supervisor referrals shall use nonchargeable leave.
(Ord. 96-8. Passed 1-18-96.)