Chapter 4.12
ALCOHOL AND DRUG POLICY
Sections:
4.12.030 Substance abuse policy.
4.12.010 Purpose.
The purpose of this chapter is to prescribe alcohol and drug policies relating to City employees as defined herein. (Prior code § 8B-210)
4.12.020 Definitions.
In this chapter, the following terms have the meanings indicated:
“Abuse” means:
1. Any use of any illegal drug;
2. Intentional misuse of any over-the-counter drug, in cases where such misuse impairs job performance;
3. Use of any prescription drug in a manner inconsistent with its medically prescribed, intended use or under circumstances where use is not permitted;
4. Use of alcohol during the workday or where such use impairs job performance; and
5. Intentional and inappropriate use of any substance, legal or illegal, which impairs job performance.
“Alcohol” means ethyl alcohol or ethanol.
“Drugs” means any substance, including controlled dangerous substances, taken into the body, other than alcohol, which may impair one’s mental faculties or which changes one’s mood and/or physical performance.
“Employee” means any person serving in a full-time or part-time position included in the City’s classification system; is serving as a crossing guard; or is designated as a senior executive.
“Senior executive” is an employee who serves at the pleasure of the City Administrator or the Mayor and City Council and the immediate deputies of these employees.
“Sensitive positions” are those in which the City Administrator has determined that any of the following conditions exist:
1. A substantially significant degree of responsibility for the safety of others;
2. A potential that impaired performance of the employee could result in death of or injury to the employee or others;
3. Lack of close monitoring of the employee’s behavior which reduces the possibility of intervention or assistance by another when necessary.
“Substance” means alcohol or drugs.
“Under the influence” is drinking alcohol or using drugs to the extent of probably affecting one’s judgment and discretion or probably affecting one’s nervous system to the extent that there is a failure of normal coordination, although not amounting to intoxication.
“Workp1ace” means a City-owned or utilized premises for official City business.
“Volunteer” means any person who provides services to the City, on a voluntary basis without remuneration, by carrying out a duty whose fulfillment is prescribed by the Takoma Park Code or which is ordinarily accomplished by a full-status City employee. It does not include individuals who act in a purely advisory capacity, such as members of citizen task forces that supply recommendations to the City Council on impending legislative matters. (Prior code § 8B-211)
4.12.030 Substance abuse policy.
A. Employees are prohibited from unlawfully manufacturing, distributing, dispensing, possessing or using a controlled substance in the workplace.
B. Where justified by reliable information and/or observation, criminal violations shall be referred to the appropriate law enforcement authority for further investigation and prosecution.
C. The City will not hire anyone who is known to currently abuse drugs or alcohol.
D. All employees must report to work and return to work in a fit condition to perform their duties. Reporting to work under the influence of drugs or alcohol is a violation of this policy and shall subject the employee to disciplinary action.
E. All employees on official business, on or off the workplace, are prohibited from purchasing, transferring, using or possessing illegal drugs. Violations of this policy is proper cause for administrative or disciplinary action up to and including termination of employment.
F. Employees who are under the influence of alcohol, have alcohol in their possession or consume alcohol during the working day are in violation of this policy and may be subject to administrative or disciplinary action up to and including termination of employment.
G. Employees undergoing medical treatment involving prescribed medications which could adversely affect performance, such as drugs which should not be used when operating machinery, motor vehicles, etc., must report this treatment to their supervisors or department heads. Even though the use of such drugs as prescribed by a physician is legal, it may be necessary to modify an employee’s duties which might be adversely affected by the use of such drugs.
H. All employees must notify the City, in writing, of his or her conviction for a violation of a criminal drug statute occurring in the workplace within 5 calendar days of that conviction.
1. The City is required to notify the appropriate County, State or Federal agency, in writing, within 10 calendar days after receiving notice under this subsection from an employee or otherwise receiving actual notice of such conviction. The City must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) and CDBG program years of such affected grants.
2. Within 30 calendar days of receiving notice under this provision with respect to any employee who is so convicted, one of the following actions will be taken:
a. Taking appropriate personnel action against such employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b. Requiring such an 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.
I. Employees convicted of an off-the-job drug or alcohol offense will be in violation of this policy if the violation interferes with the regular performance of their jobs.
J. All employees must cooperate fully with appropriate law enforcement authorities in the investigation and prosecution of illegal drug or alcohol use in the workplace.
K. Employees will not be terminated for voluntarily seeking assistance for a substance abuse problem. However, continued unacceptable job performance, attendance and/or behavior problems shall result in disciplinary action up to and including termination.
L. Employees who are assigned to or designated sensitive classes will be terminated if they are in violation of this policy.
M. Any employee found to be in violation of any of the provisions of this policy shall be subject to disciplinary action contained in Section 4.04.620 of this Code (as modified by any applicable collective bargaining contract), which includes penalties up to and including termination.
N. All department heads and supervisors are responsible for adherence, implementation and monitoring of this policy.
O. All employees will be provided a copy of this policy and are required to acknowledge receipt by returning a signed copy of the following affirmation to their supervisors for insertion in their personnel files:
CITY OF TAKOMA PARK
SUBSTANCE ABUSE POLICY
ACKNOWLEDGMENT OF RECEIPT
As an employee of the City of Takoma Park, I_________ hereby certify that I have received a copy of the City’s policy regarding the maintenance of a drug-free workplace. I realize that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited on the City’s owned or utilized premises and violation of this policy can subject me to discipline up to and including termination. As a condition of employment, I must abide by the terms of this policy and will notify my supervisor of any criminal drug conviction no later than five (5) days after such conviction. I further realize that law mandates that the employer communicate this conviction to the appropriate County, State or Federal agency, and I hereby waive any and all claims that may arise from conveying this information to the appropriate agency.
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Employee’s Signature |
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Supervisor’s Signature |
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P. Volunteers and hourly contract employees of the City are forbidden to use or be under the influence of alcohol or drugs while acting in their capacity as volunteers or contract employees. Violation of this policy is sufficient cause for termination of volunteer or contract employee status. (Prior code § 8B-212)