312.02 REQUIREMENTS FOR CITY.
   The City shall provide a drug free workplace by:
   (a)   Publishing a Statement. (Exhibit A following this Section)
      (1)   Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including cannabis, is prohibited in the workplace.
      (2)   Specifying the actions that will be taken against employees for violations of such prohibition.
      (3)   Notifying employees that, as a condition of employment, the employee will:
         A.   Abide by the terms of the statement; and
         B.   Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
   (b)   Establishing a drug free awareness program to be administered by a person appointed by the Mayor to inform employees about:
      (1)   The dangers of drug abuse in the workplace;
      (2)   The City's policy of maintaining a drug free workplace;
      (3)   Any available drug counseling, rehabilitation, and employee assistance programs; and
      (4)   The penalties that may be imposed upon employees for drug violations.
   (c)   A copy of the statement required by Subsection (a) above shall be given to each employee and posted in a prominent place in the workplace.
   (d)   If the City receives a grant from the State or Contract for the procurement of any property or services from the State, then the City shall notify the contracting or granting agency within ten (10) days after receiving notice under part B. of paragraph (3) of Subsection (a) from an employee or otherwise receiving actual notice of such conviction.
   (e)   Within thirty (30) days from receiving notice from an employee of a conviction of a violation of a criminal drug statute occurring in the workplace, the Mayor shall take action against such employee as may be appropriate as determined by the Mayor and which may include but is not limited to reprimand; suspension for any length of time with or without pay; termination from employment; and/or a requirement to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.
   (f)   Assisting employees in selecting a course of action in the event drug counseling, treatment, and rehabilitation is required and indicating that a trained referral team is in place.
   (g)   Making a good faith effort to continue to maintain a drug free workplace through implementation of this Section.
(Ord. 2021-11-1. Passed 11- 10-21.)
EXHIBIT A
Policy
Employees are hereby notified that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in this workplace. As a condition of employment, employees must abide by this policy.
Drug-Free Awareness
Drug abuse in the workplace has major adverse effects on the welfare of all citizens of the United States, and it results in lost productivity each year. Employees who use illegal drugs have three to four times more accidents while at work.
Employees with drug abuse problems should seek help. Employees desiring more information on the dangers of drug abuse in the workplace and those employees needing drug counseling, rehabilitation, or other employee assistance should contact: Human Resources Center, 406 N. 2nd Street, Marshall, IL 62441 (217) 826-6212 for assistance.
Employees will be referred to the appropriate resource for available counseling, rehabilitation or other assistance.
Notice of Potential Personnel Actions for Illegal Drug Use On-the-Job
Penalties may be imposed upon employees for drug abuse violations occurring in our workplaces:
1.   Employees must notify this employer of any criminal drug statute conviction or a violation occurring in the workplace no later than five days after such conviction.
2.   Within 30 days of receiving notice of any criminal drug statute conviction or a violation occurring in the workplace, this employer will take appropriate personnel action against such employee, up to and including termination; or
3.   Within 30 days of receiving notice of any criminal drug statute conviction or a violation occurring in the workplace, this employer may require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency.
Employee Certification
I understand the drug-free workplace policy.
I agree, as a condition of my employment, to abide by the terms of this program.
I agree to notify this employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
                                                                                                                      
Employee Signature                   Date
Employer Statement
I have explained the policy, drug-free awareness, and potential personnel action statements and have provided the employee's part of this pamphlet to the employee.
                                                                                                                         
Authorized Employer Signature             Date
City of Martinsville, Martinsville, Illinois
Name of Organization
(Ord. 2021-11-1. Passed 11-10-21.)