[Ord. No. 93-04 §4, 3-1-1993]
The following words shall have the meanings set out herein when used in this Article:
CONTRACTOR
The department, division, or other unit of a person responsible for the performance under the contract.
CONTROLLED SUBSTANCE
A controlled substance in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812).
CONVICTION
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 Statutes.
CRIMINAL DRUG STATUTE
A criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substance.
DRUG-FREE WORKPLACE
A site for the performance of work done in connection with a specific grant or contract described in Section 5152 or 5153 of the Drug-Free Workplace Act of 1988 PL 100-690 of an entity at which employees of such entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this Act.
EMPLOYEE
The employee of a grantee or contractor directly engaged in the performance of work pursuant to the provisions of the grant or contract described in Section 5152 or 5153 of the Drug-Free Workplace Act of 1988 PL 100-690.
FEDERAL AGENCY
An agency as that term is defined in Section 522(f) of Title 5, United States Code.
GRANTEE
The department, division, or other unit of a person responsible for the performance under the grant.
[Ord. No. 93-04 §1, 3-1-1993]
A. 
It shall be the policy of the City of Tipton, Missouri, to provide a drug-free workplace for its employees, contractors and their employees as required by PL 100-690 commonly referred to as the Drug-Free Workplace Act of 1988. The City shall provide a drug-free workplace by:
1. 
Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's workplace and specifying the actions that will be taken against employees for violations of such prohibition.
2. 
Establishing a drug-free awareness program to inform employees about:
a. 
The dangers of drug abuse in the workplace;
b. 
The person's policy of maintaining a drug-free workplace;
c. 
Any available drug counseling, rehabilitation, and employee assistance programs; and
d. 
The penalties that may be imposed upon employees for drug abuse violations;
3. 
Making it a requirement that each employee to be engaged in the performance of such contract be given a copy of the statement required by Subsection (1);
4. 
Notifying the employee in the statement required by Subsection (1), that as a condition of employment on such contract, 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;
5. 
Notifying the contracting agency within ten (10) days after receiving notice under Subsection (4)(b) from an employee or otherwise receiving actual notice of such conviction;
6. 
Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by Section 5154 of the Drug-Free Workplace Act of 1988 PL 100-690; and
7. 
Making a good faith effort to continue to maintain a drug-free workplace through implementation of Subsections (1 through 6).
[Ord. No. 93-04 §2, 3-1-1993]
A. 
The City in order to comply with said Act in the receiving of Federal grants, the City shall take the following actions:
1. 
Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's workplace and specifying the actions that will be taken against employees for violations of such prohibition;
2. 
Establishing a drug-free awareness program to inform employees about:
a. 
The dangers of drug abuse in the workplace;
b. 
The person's policy of maintaining a drug-free workplace;
c. 
Any available drug counseling, rehabilitation, and employee assistance programs; and
d. 
The penalties that may be imposed upon employees for drug abuse violations;
3. 
Making it a requirement that each employee to be engaged in the performance of such contract be given a copy of the statement required by Subsection (1);
4. 
Notifying the employee in the statement required by Subsection (1), that as a condition of employment on such contract, 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;
5. 
Notifying the contracting agency within ten (10) days after receiving notice under Subsection (4)(b) from an employee or otherwise receiving actual notice of such conviction;
6. 
Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by Section 5154 of the Drug-Free Workplace Act of 1988 PL 100-690; and
7. 
Making a good faith effort to continue to maintain a drug-free workplace through implementation of Subsections (1 through 6).
[Ord. No. 93-04 §3, 3-1-1993]
A. 
The City or any contractor or subcontractor shall within thirty (30) days after notice from an employee of a conviction as provided in Section 105.360 (4)(a-b) and in Section 105.370 (4)(b):
1. 
Take appropriate personnel action against such employee up to and including termination; or
2. 
Require such employee 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.