[Adopted 6-28-1989]
A.
The Board of York County Commissioners recognizes
that the misuse of drugs is a serious problem, with legal, physical
and social implications for the entire community. As such, the Board
of Commissioners is very much concerned about the problem that may
be caused by drug use of employees.
B.
The primary purpose and justification for any action
on the part of the Board of Commissioners would be the protection
of the health, safety and welfare of employees, family, County property
and the community.
For the purposes of this Article, the following
terms shall have the meanings indicated:
A finding of guilt (including a plea of nolo contendere)
or imposition of sentence, or both, by any judicial body charged with
the responsibility to determine violations of the federal or state
criminal drug statute. Any County government employee convicted of
possession of a controlled substance with the intent shall be terminated
from his/her employment with the County.
A federal or nonfederal criminal statute involving the manufacture,
distribution, dispensing, use or possession of any controlled substance.
The site for the performance of work at which employees are
prohibited from engaging in the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance.
Those outlined in the Controlled Substance, Drug, Device
and Cosmetic Act.[1]
[1]
Editor's Note: See 35 P.S. § 780-101
et seq.
A.
A statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited in the County's workplace shall be provided
by the Board of Commissioners and shall specify the actions that will
be taken against the employee for violation of this policy.
B.
The Board requires that each employee be given a copy
of the statement and notified that, as a condition of employment,
the employee will abide by the terms of the statement and notify the
Board's Personnel Director of any criminal drug statute conviction
for a violation occurring in the workplace no later than five days
after such conviction.
The grantor of special funding shall be notified
within 10 days after receiving notice from an employee or otherwise
receiving actual notice of such conviction.
A.
The Board of Commissioners shall be responsible for
taking one of the following actions within 30 days after receiving
notice with respect to any convicted employee.
B.
The Board of Commissioners shall take appropriate
personnel action against such an employee, up to and including termination,
or require the 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.
In establishing a drug-free awareness program,
the Board of County Commissioners has designated the County Personnel
Office to inform employees about:
A.
The dangers of drug abuse in the workplace.
B.
The County's policy of maintaining a drug-free workplace.
C.
The availability of drug counseling, drug rehabilitation
and employee assistance programs.
D.
The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace.
The Board of County Commissioners shall make
a good faith effort to continue to maintain a drug-free workplace
through the implementation of this policy.
This policy is developed as the result of Federal
Executive Order Number 12291 and the Drug-Free Workplace Act of 1988,
requiring that all grantees, including a state government or its political
subdivisions, subject to federal funding develop and enforce such
rules and regulations.
