City of Monessen, PA Article III Drug-Free Workplace

[Adopted 3-24-1993 by Ord. No. 3-1993]

§ 80-17 Notice upon hiring.

A. As a condition precedent to hiring, all prospective employees will receive a copy of the employer's Drug-Free Workplace Ordinance and will be required to sign a receipt which will become a permanent part of the employee's personnel file.

B. In addition, as a further condition precedent to hiring, all prospective employees will be required to sign a written acknowledgment to the effect that:

(1) They understand and support the employer's Drug-Free Workplace Ordinance.

(2) They agree to refrain from violating this article while in the employ of the city.

(3) They acknowledge in advance that they understand that the penalty for breach can be discharge and agree that it is appropriate when supported by evidence.

§ 80-18 Distribution of copy to current employees.

A. All current employees will receive a copy of the employer's Drug-Free Workplace Ordinance and will be required to sign a receipt which will become a permanent part of the employee's personnel file.

B. All current employees will be asked to voluntarily sign a statement supporting the strict enforcement of this article.

§ 80-19 Definitions.

A. For purposes of this policy, the following terms shall have the meanings indicated:

CONTROLLED SUBSTANCE

Any controlled substance contained in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. § 812) or as defined in Pennsylvania Statute.

CONVICTION

Any finding of guilt, including a plea of nolo contendere (no contest) accepting ARD or the imposition of a sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.

CRIMINAL DRUG STATUTE

A criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substance.

EMPLOYER

The City of Monessen, Pennsylvania, its departments, agencies and programs.

EMPLOYEE

Any person, i.e., management, supervisory or nonsupervisory, who is paid in whole or in part by the employer.

§ 80-20 Regulations.

A. It is the policy of the city to maintain a safe and productive workplace free of drugs and free of those individuals who use drugs.

B. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance by any employee which takes place in whole or part in the employer's workplace is strictly prohibited and will result in criminal prosecution and employee discipline which may include termination from employment.

C. Any employee convicted of any federal or state criminal drug statute must notify the employer of that fact within five calendar days of the conviction.

D. Any employee who reports for duty in an altered or impaired condition which is the result of the illegal use of controlled substances will be subject to disciplinary action. The employee's willingness to participate in a drug rehabilitation program shall not alter the employer's right to discipline the employee for violation of this policy.

E. Any employee convicted of a workplace-related drug offense, who fails to report the conviction as required by the above, will be:

(1) Terminated from employment;

(2) Forever barred from future employment; and

(3) Held civilly liable for any loss of federal funds resulting from the failure to report the conviction.

§ 80-21 Information distribution.

Each employee will receive annually an information package containing:

A. Information concerning the dangers of drug abuse in the workplace;

B. A current copy of the employer's published statement;

C. A current copy of the employer's Drug-Free Workplace Ordinance;

D. A current copy of the employer's drug testing policy;

E. Information concerning any available drug counseling, rehabilitation and employee assistance program;

F. Information concerning the penalties that will be imposed from the breach of the employer's Drug-Free Workplace Ordinance; and

G. Notice to the employee that any work-related conviction of any federal or state criminal drug statute must be reported in writing to the employer within five calendar days after such conviction.

§ 80-22 Training.

A. All employees and supervisors may from time to time be given the opportunity to receive training regarding the dangers of drug abuse at no cost to the employee or supervisors.

B. All supervisors and managers will receive annual training in the enforcement of this policy.

§ 80-23 Interpretation.

Any article or resolution or part of an article or resolution in conflict herewith is repealed to the extent that it is inconsistent with this article. Nothing in this article is intended to conflict with any statute, regulation, rule, civil service code nor collective bargaining agreement. It is the intent of the city that the same shall be read together for purposes of providing a drug-free workplace.