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(a) The City hereby adopts and subscribes to the following drug-free workplace policy:
(1) It is the policy of the City to provide and maintain a drug-free workplace in recognition of the adverse effects of drug use on employee health, safety and performance. "Drug," as used in this section, refers generally to any controlled substance, the sale or possession of which is prohibited by law.
(2) No person shall manufacture, distribute, dispense, possess or use any controlled substance in a City facility. Violators are subject to criminal prosecution in accordance with all applicable statutes.
(3) All employees, as a condition of employment, must:
A. Agree to abide by the terms of the City's drug-free workplace policy; and
B. Notify the Administrative Director, in writing, within five days of their conviction of any criminal drug statute, for a violation occurring in the workplace.
Failure to adhere to paragraphs (a)(3) A. and B. hereof shall be considered a breach of the employee's contract of employment and may result in one or more sanctions specified in paragraph (a)(4) hereof.
(4) Persons violating this drug-free workplace policy or failing to notify the City as required may be subject to:
A. Imposition of a sanction requiring satisfactory participation in an approved abuse assistance or rehabilitation program; and/or
B. Appropriate disciplinary or personnel action, up to and including termination.
(5) The Administrative Director will provide each employee with a written statement informing him or her of the City's drug-free work-place policy and his or her responsibilities under this policy. The Administrative Director will also provide employees with information and counseling relative to the use of drugs in the workplace and shall establish a drug-free awareness program to inform employees about:
A. The dangers of drug abuse in the workplace;
B. The City's policy for maintaining a drug-free workplace;
C. The available drug counseling rehabilitation and employee assistance programs; and
D. The penalties that may be imposed upon employees for any abuse violations.
(6) The Administrative Director shall be designated as the City's compliance officer for the purpose of implementing and enforcing this policy.
(7) This policy has been promulgated and shall be maintained in accordance with the Drug-Free Workplace Act of 1988, (P.L.100-690).
(b) Copies of this policy shall be provided to each employee so that each employee will have full and complete access to the policy and an opportunity to review the same.
(Ord.89-0-22. Passed 11-14-89.)