Sec. 52.1. Title.
Sec. 52.2. Findings.
Sec. 52.3. Definitions.
Sec. 52.4. Adoption of Drug Free Workplace Policy.
Sec. 52.5. City Undertaking Limited to Promotion of General Welfare.
Sec. 52.6. Preemption.
Sec. 52.7. Severability.
*Editor’s Note:
Former Police Code Article 40 (“Drug Free Workplace Ordinance”) was redesignated as Labor and Employment Code Article 52 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.
This ordinance shall be known as the San Francisco Drug Free Workplace Ordinance.
(Added as Police Code Sec. 4001 by Ord. 339-89, App. 9/28/89; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)
The San Francisco Board of Supervisors finds as follows:
(a) Drug abuse in the United States has become a national health and economic problem. As much as $100 billion a year may be diverted from legitimate businesses to buy illegal drugs, while the costs to individual companies usually exceeds 2.5 percent of payroll.
(b) Law enforcement focuses on reducing the supply of illegal drugs. However, to reduce effectively the abuse of drugs the demand for such drugs must be reduced.
(c) If employers persuade a major portion of the nation’s drug users to abandon drug use for the sake of retaining their jobs, they will undercut the economic base of the drug business. Accordingly, it is important that there be a corporate response to drug use in the workplace.
(d) It is the intent of the Board of Supervisors that the San Francisco Drug Free Workplace Ordinance be a first step in reducing the use of drugs in the workplace.
(Added as Police Code Sec. 4002 by Ord. 339-89, App. 9/28/89; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)
(a) “Employee” means any person working for salary or wages within the City and County of San Francisco except that “employee” shall not include individuals providing child-care or other personal services in one’s home.
(b) “Employer” means any individual, firm, corporation, partnership or other organization or group of persons however organized, located within the City and County of San Francisco, that employs employees for salary or wages. “Employer” shall not include the United States of America, the State of California or other governmental agency whose workplace policies the City and County of San Francisco may not regulate.
(Added as Police Code Sec. 4003 by Ord. 339-89, App. 9/28/89; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)
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