Chapter 2.68
DRUG-FREE WORKPLACE REQUIREMENTS FOR BOROUGH CONTRACTORS
Sections:
2.68.030 Grounds for suspension, termination or debarment.
2.68.010 Definitions.
For the purposes of this chapter, the following words have the meanings prescribed.
“Contractor” means the department, division or other unit responsible for the performance under the contract or grant.
“Controlled substance” means a controlled substance in Schedules I through V of Section 202 of the Controlled Substance Act (21 USC 812).
“Conviction” means a finding of guilt (including a plea of nolo contendere) by any judicial body charged with the responsibility to determine violation of the federal or state criminal drug statutes.
“Criminal drug statute” means a criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substance.
“Drug-free workplace” means a borough facility or leased facility where a borough employee works. It does not apply to the school district, which shall have its own policies for its facilities.
“Local option area” means a municipality which is adopted in provisions of AS 4.11.490 through 4.11.500. (Ord. 89-16 § 2(C), 1989)
2.68.020 Requirements.
The borough shall not award a contract or grant in excess of $10,000 unless such contractor or grantee shall certify to the contracting officer that it will provide a drug-free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or an alcoholic beverage in a local option area is prohibited in the person’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;
B. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace,
2. Available drug counseling, rehabilitation and employee assistance programs,
3. The contractor’s policy of maintaining a drug-free workplace, and
4. The penalties that may be imposed upon employees for drug abuse violations;
C. 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 (A) of this section;
D. Notifying the employee in the statement required by subsection (A) of this section, that as a condition of employment on such contract, the employee will:
1. Abide by the terms of this code provision, and
2. Notify the employer of any criminal drug statute conviction or an alcohol statute conviction for a violation occurring in the workplace no later than five days after such conviction;
E. Notifying the contracting officer within 10 days after receiving notice under subsection (D)(2) of this section from an employee or otherwise receiving actual notice of such conviction;
F. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance program by, any employee who is so convicted within 30 days of notice of such conviction;
G. Making a good-faith effort to continue to maintain a drug-free workplace. (Ord. 89-16 § 2(A), 1989)
2.68.030 Grounds for suspension, termination or debarment.
A. Each contract awarded by the borough shall be subject to suspension of payment under the contract or termination of the contract, or both, and the contractor shall be subject to suspension or debarment if the contracting officer determines that:
1. The contractor has made a false certification as to complying with the requirements of NABC 2.68.020;
2. The contractor has failed to carry out the requirements of NABC 2.68.020;
B. Conduct of Suspension, Termination and Debarment Proceedings.
1. If a contracting officer determines, in writing, that cause for suspension of payments, termination, or suspension or debarment exists, an appropriate action shall be initiated by the contracting officer.
2. The contractor shall receive written notice of such action and shall have opportunity to respond in writing or in person, and such other procedures as may be necessary to provide a full and fair proceeding to a contractor.
C. Effect of Debarment. Upon issuance of any final decision under this section requiring debarment of a contractor, such contractor shall be ineligible for award of any contract for a period specified in the decision but not to exceed five years. (Ord. 89-16 § 2(B), 1989)