APPENDIX E – MUNICIPAL POLICIESAPPENDIX E – MUNICIPAL POLICIES\38. Drug-Free Workplace

PURPOSE

The City of Hillsboro has a commitment to working toward a drug-free workplace. Controlled substance abuse can have a serious adverse effect on users, their productivity, their health and safety, and that of their dependents, co-workers and the general public. The enactment of the Federal Workplace Act of 1988 places restrictions upon state and local governments which receive federal grants and requires them to maintain a drug-free workplace.

POLICY

It shall be the policy of the City of Hillsboro, Kansas, that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is strictly prohibited in city offices or vehicles or at City job sites. Violation of this policy will be cause for disciplinary action, up to and including termination of employment.

This policy is designed to notify, identify and provide penalties for those employees and applicants for employment who by the manufacture, distribution, dispensing, possession or use of a controlled substance can pose an unnecessary and unacceptable risk to a safe, healthful, and efficient work environment.

A training program available through the safety coordinators will inform all full-time employees about:

(a)   The dangers of controlled substance abuse in the workplace.

(b)   The City’s policy of maintaining a drug-free workplace.

(c)   Any available drug counseling, rehabilitation, and employee assistance programs. This will include drug counseling available through the Prairie View Mental Health Center.

(d)   The penalties that may be imposed for controlled substance abuse violations concerning the workplace.

A controlled substance is defined as those substances which are listed in K.S.A. 65-4101 et seq., and which are listed in the Federal Government’s Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 CFR 1300.11 through 1300.15 and which include the abuse of such commonly known substances as crack, cocaine, hashish, heroin, LSD, marijuana, methamphetamine, anabolic steroid, PCP, and certain depressants, stimulants, and hallucinogens. As one of the conditions of employment, each employee shall,

(a)   Abide by the terms of this policy.

(b)   Notify the City of any conviction of a criminal controlled substance violation occurring in the workplace no later than five (5) days after such conviction.

Within ten (10) days after receiving notice of said conviction, the City will notify the contracting officers. Within thirty (30) days after receiving notice of such conviction, the City will impose the following sanctions or remedial measures upon any employee who has been convicted of controlled substance abuse violations occurring in the workplace:

(a)   Take appropriate personnel action against such employee, up to and including termination of employment.

(b)   Require said employee to satisfactorily participate in and complete a controlled substance abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency.