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HomeMy WebLinkAbout043 90 c:c: All dept5~.. .q, -:30-qo . 'earnm.t60 . . STATE OF WASHINGTON JEFFERSON COUNTY In the Matter of Establishing A Jefferson County Alcohol and Drug Free Workplace Policy and Procedure } } } } RESOLUTION NO. 43-90 WHEREAS, Jefferson county supports the requirements of the State of Washington and the united states Drug Free Workplace Act of 1988 (United State Code Vol. 41, section 701); and WHEREAS, the County recognizes that the maintenance of a drug-free workplace is essential to the safety and welfare of its' employees; and WHEREAS, it is intended that the employees and citizens of Jefferson County should be free of the safety hazards and reduced worker efficiency resulting from use of alcohol or illegal drugs; NÖW, . THEREFORE BE IT RESOLVED, the county wishes to educate its' employees, as to the' dangers of drug abuse in the workplace, the County's commitment to a drug-free workplace, the penalties that may be imposed upon employees for drug violations in the workplace, and the County's commitment of support for employees undergoing treatment and rehabilitation of chemical dependencies; BE IT FURTH~ RESOLVED, . that it is the policy of Jefferson County, Washington to maintain a drug free workplace at all County facilities and to maintain an environment which encourages employeestò remain or become drug free. BE IT FURTHER RESOLVED, that the following procedures are also adopted to ensure a drug-free workplace for all Jefferson County employees and contractors: 1. All County employees shall support the County's prohibitions against on-the-job use or possession of alcohol or illegal drugs. 2. The elected Officials and Department Heads will increase employee and Supervisor awareness of the penalties for substance abuse. It is the responsibility of every employee to be aware of the provisions of the Jefferson County Alcohol and Drug Free Workplace Policy and to abide by them. Failure to observe these procedures will result in immediate disciplinary action against the employee. VOL , 16 r~~~ on 271 ·' Jefferson county Alcohol and Drug Free Workplace Policy and Procedures Procedures Continued: 3. All employees are forbidden to use or possess alcohol or illegal drugs at any time during the workday on the employer's premises. Workers also are forbidden to engage in any sale or other . transaction involving illegal drugs on the employer's premises. Violators will be subject to immediate discipline. Additionally, employees who are under the influence of alcohol or drugs on the job may be subject to immediate suspension. As a condition of employment all employees must notify their Elected Official/Department Head of any criminal drug or alcohol related conviction against him/her, no later than five (5) days after such a conviction. The employee m~y be required to participate satisfactorily ln an alcohol or drug abuse assistance, rehabilitation, or education program. 4. Employee Education: The County will afford employees an opportuni ty to deal wi th drug and alcohol related problems. The Human Services Department maintains information pertaining to the hazards of drug and alcohol abuse, and the treatment of drug and alcohol related problems. Any County employee may seek advice, information and assistance voluntarily. Medical confidentiality will be maintained, consistent with this pOlicy. 5. Employee Assistance: Any employee who voluntarily requests assistance in dealing with a personal drug and/or alcohol problem may do so through a private treatment program for drug and alcohol problems. The Jefferson County community Alcohol and Drug Abuse Center will assist employees who wish to identify and select an appropriate treatment program. If an employee seeks drug or alcohol treatment vOluntarily and not under adverse employment circumstances, the discontinuation of any involvement with alcohol or drugs may be required for continued employment. This is consistent with the. County's policy of maintaining a drug free workplace. 6. All employees who use a prescribed or over-the- counter drug which may cause adverse side effects (e.g., drowsiness or impaired reflexes or reaction time) shall inform their supervisor that they are taking such medication. Such employees are responsible for informing their Supervisor of the possible effects of the drug on performance and the expected duration of use., If the drug use could cause production or safety problems, a Supervisor may grant the employee sick leave or temporarily assign the worker different duties. 7. The confidentiality of all complaints and reported violations of the provisions of this policy will be strictly maintained, except as required by public disclosure laws or court order. VOL 16 rM,t' on 272 '. ... Jefferspn County 'Alcohol, and ¡)rugFree c workplace Procèdurês c. ,The Board of cøuntY'Commissioners.shall.raake such additional procedures.. and.. adoptqui<:ieli:nes 'as necessaFY, from time totime,toaccQBtplishthe objectives of: the Jefferson County Alcohol and Drug J.i'ree.Workplace 1101 icy and procedure. ,·t;his ~ltt day QfAPRIL, JEIFF'ERSON"COUNTY " BOARD OF COMMISSIONERS . '. , . - - , - ' , ' . , . . -'", - -, - . ...·.·..<··lþ~ ~~, Chairmap. "~,,, .".. ""d!: ',"'M' ' " "7"" ".,.~~:'~'" "., Lorna D.èl'aney,:. ". ' . , Cler.k of ",thè _ !3oard . . ,', ' '~.,..'.'.".,....'.""'."."'.....'...,'..j'. B..G. Brown,' Membèr····.',' ~ ............ .>/<' '. ..... . .'.... ... ..,J)ennJ.son, Membèr,<, . 'lOt . 1f)· f'Af,r on DEC-29-S9 FRZ 12:16 LABOR RELATZONS 623 5163 P.16 ~- JEFFERSON COUN1Y, WASHINGTON ALCOIIOL AND DRUG FREE WORKPLACE POLICY AND PROCEDURE POLICY: It is the policy of the Jefferson Count)', Washington to maintain a drug free workplace at aU CountJ) facilities and to maintain an en\IÌronmçnt which encourages employees to remain or become drug free. ' K1) ~). j(' PROCEDURES TO ENSURE A DRUG FREE WORJÇfJ.,ACE: --------- All County employees will emphasize the County's pr<>hibilions against on-thc~job use or possession of alcohol or iUegal drugs. The Elected Omcial~ will increa~ employee and supcrvi~or awarenr.!\.~ nf the pcnaltir.s for sub~ranr.c abuse, AU employees are forbiddcn to use or possess alcohol or UleBa1 drugs at any time during the workday or anyWhere on the employer's premises. Workcrs also arc forbidden to engage in any sale or other transaction involving megal drugs on the employer·s prcmi$c&. VinlarnrJl win he ~1\hiQtt tn immediate di!\CÌpline. Additional1y, employees who are under the innuencc of alcohol or drugs on the job will be subject to immediate suspension with subsequent additional discipline. ' ..~ 4). The employer has the rlght, wIth probable cause, (0 search lockers, containers, or other personal cf· feets of workers at an)' time. If decmed necessary by managoment, workers ma)' be ask¡:·d to submit to a search, The County recognizes basic human dignity and at DO time wiD any employee be searched by or in the presence of a member of the opposite sex or in a manner which unduly creates anxiety or em· barrassment. Ancmployec's refusal to cooperate with or submit to a legitimate search mny be treated as serious insubordination that warrants immediate discipline. 5). 6). ~ 7). ~ 8). Employcc..¡ who appcar to be in an impaired condition on the jab mAY be a.~kcd by their lIupcrvi~or to submit to a test to determine whether they arc undor the innuencc oC alcohol or illegal drugs. The types of tests that may be used in~ludc but arc Dot limitcd to brcathalyur tests, blood tests, and urinalysis. Any sale of illegal druSS during the work day or on the employer·s premises will be treated as gross misconduct punishable by immediate discharge for thc first orrense. Any employee who is convicted in a criminal court for selling illegal drugs while: ocr duty will be dischargcd. All employccs who U!lC a prcl\crihcd drug which may CÐU$.C advcT$e side effects (e.g., drowsinc"t.S or ùn· paired reOcxes or reaction time) shall inform their supervisor that they are taking such medication on the advise of a physician. Such employees arc rc&ponsibtc for informing their supervisor of the poiSibtc effects of the drug on performance and the eXI'Ccted duration of use. If the prC$C1'iption drug use could cause produdion or safcty problems, a supervisor may grant the en1ployce sick leave or temporarily as~ sign the worker direerent dUlies. The Board of County Commissioners shall make such additional procedures and adopt guidelines 8S necessary. from time to time, to accon1plish the ohjectives of the Count)' PoliC)' on Alcohol and Drug Free Workplace, Adopted by the Jefferson County, Washington as an addition to the Personnel Policies and Procedures Manual this day of , 1989. Commissioner Commissioner CommissiODcr Employee Relatioft$ Services. Inc:. I'ulky ¡¡nlS r ¡-,,"chin: . PaSe: 17 16 r~í;~ 00 27'l1t VO\. ec: ~ ~--Ra.gq . . \,." '-,t.. Ilr,tAÂ'Jr '1 3;~O - .. /I~~..s ~ DRUG FREE WORKPLACE The task force would like to see: 1. More input from more employees w perhaps a co~ittee of department heads and óÅe representative from each department who actually write the policy. 2,. An information, awareness raising and education session to kick off the work session where the policy would be written. This way, employees will have ownership of the, policy rather than having it.imposedon,thern. " The task force was surprised and 'irritated by the fact that input has not been,requested from Jefferson CountY'Community Alcohol/Drug Abuse Center. Jefferson County Community AlcohollDrug, Abuse ,Center can design and organize the education session with volunteer training from ESD' l14. V(JI. 16 ý~r,~ on 275, :" lit ¡. , , FEDERAL "DRUG-FREE WORKPLACE" REQUIREMENTS SUMMARY Effective March 18, 1989, grantees receiving grants from any Federal agency must certify that they will maintain a drug-free workplace. The grantee certifies that a drug-fr~e workplace will be provided by: . Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibitions. . Establishing a' drug-free awareness program to inform employees about: the dangers of drug abuse in the - workplace, the contractor's or grantee's policy or maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penal ties that may be imposed on employees for drug abuse violations. Requiring that each employee engaged in the performance of a grant or contract be given a copy of the published statement on a drug-free workplace. Notifying each employee that as a condition of employment on a contract or grant, the employee will abide by the terms of the policy statement, and notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such a conviction. . Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee so convicted. Making a "good faith" effort to continue to maintain a dru9-fr~e workplace. The requirement for the department only applies to the department, as the requirement does not pass through to local agencies with any of the funding. It would apply to local agencies if they receive direct Federal grants. .,m. 16 Hr,~' on 276 ~-...... '-:- - 1: . PROPOSED RESOLUTION RE: DRUG FREE WORK PLACE RESOLUTION NO. A RESOLUTION ESTABLISHING A DRUG-FREE WORKPLACE WHEREAS, the Employees, Commissioners, Elected Officials and Department Heads of Jefferson County support the requirements of the Washington Administrative Code 296-24-073 (e) , titled SAFE PLACE STANDARDS and the United States Code Vol. 41, Section 701, titled DRUG FREE WORKPLACE7 and WHEREAS, it is intended that employees and the population of the County should be free of safety hazards and reduced worker efficiency resul ting from use of controlled substances or intoxicants such as alcoholic beverages; .. BE IT RESOLVED that: 1. It is the policy of Jefferson County to maintain a drug-free workplace. 2. Unlawful manufacture, cultivation, distribution, dispensing, possession, or use of a controlled substance as defined ~n RCW 69.50, The Uniform Controlled Substances Act, oir intoxicants is prohibited in the workplace. The workplace is defi,ned as an employee's assigned location(s) fo~ carrying out the responsibilities of his/her position whiøh shall include all locations over which the County has rig~t of access or control. ! , 3. Workers under the influence of controlled substances air intoxicants are prohibited in the workplace. This rule do~s not apply to persons taking prescription drugs and/oir narcotics as directed by a physician or dentist provid~d such use shall not endanger the worker or others. It is the employee's responsibility to check with his/her physician, dentist or pharmacist as to whether or not a prescription o'r over-the-counter drug will impair performance and to notify his/her supervisor of the impairment and the period of time the medication will be used. i 4. It shall be a condition of employment that each County employee will: (a) Abide by the terms of this policy, and (b) Notify the Director of Personnel of any criminal drug statue conviction against him/her for a violation occurring in the workplace, no later than five (5) days after the date of such conviction. ~-~ On. "\~OL J i6'\AGE 00 277 ,- '"'' -- 5. Employees may be disciplined, up to and including termination, for violation of any of the prohibitions listed above. Any of the following actions may be taken separately or in combination for violation Of any prohibition listed in this document: . (a) Suspension without pay. (b) Conf isca tion of any suspected substance, device, paraphernalia, container, or other items considered a part of the violation of the prohibi t!ions. . (c) Termination from all County ~mployment, or , I (d) Requirement of successfu¡l completion of a County approved substance abuse rehahili tat ion program prior to return to work. (e) Other forms of discipline may be used. 6. Employees with substance abuse, problems are encouraged to seek assistance from their sup$rvisor, Department Head or the Director of Personnel. DATED this ___ day of , 1990. Vn1 1.6 Or" 2~b " Fa · o~'!Lv. ~ C'~ ... ~ ." ,j ~!-~ ~ ~I,::"~ .:-w" ~~, . ~ 0<- -1SJ..¡l NG-<'" CITY OF BELLINGHAM CODE NUMBER PER 01.00.03 POLICY LEVEL Administrative EfFECTIVE DATE April 15, 1989 REVISIOII DATE POLICIES AND PROCEDURES "./ SUBJECT DRUG FREE WORKPLACE IS~~!Br Bl i ~~"1~ct, t~\Vecto Kathryn Hanowe11, Person e1 APPROVEQ BY (.... a tltl.) 'Tim Doug1 as, Mayor -~.u..:/ K Thè City recognizes that the maintenance of a drug-free workplace is essential to ~he safety and welfare of its employees. This policy establishes City programs and practices that promote and support a drug-free working environment and brings the City into compliance with, the Drug-Free Workplace Act of 1988. All City of Bellingham Employees The City wishes to educate: its employees as to the dangers of drug abuse in the workplace, the City's cormnitment to a drug-free workplace, the penalties that may be imposed upon employees for drug violations in the workplace, and the City's commitment of support for employees undergoing treatment and rehabi 1 i tat ;'on of chemi ca 1 dependenci es. I. Controlled Substances PURPOSE SCOPE POLICY STATEMENT PROVISIONS A. The unlawful manufacturing, distributing, dispensing, possessing or using of a controlled substance or alcohol in the workplace is prohibited. Reporting to work under the influence of a controlled substance or alcohol is prohibited. I B. As a condition of employment, all employees must notify their department head of any crimin,al drug statute conviction for a violation occurring in the workplace no later than five days after such a conviction. . , ¡ II. PrescriDtion or Over·the-Counte~ Drua Use , I The use of prescription and ovei-the-counter drugs which compromise safety in the workplace or the quality of the employee's work ~roduct is prohibited. It is the employee's ræsponsibil¡ity to check with his/her physician aSito whether ¡or not a prescription or over-the-counter drug will impair performance and to notify his/her supervisor of ¡the physician's opi ni on. I 01l4P V I'I 16 IN,; 'on 279 I ,... 1 .f Z ,.... ! .; Y OF BELLINGHAM ,SUBJECT DRUG FREE WORKPLACE , I POUc!lES AND PROCEDURES CODE NUMBER PER 01.00.03 III. Drua Use Awav from the WorkDlace I The use of a controlled substa~ce off the work site by an employee maybe grounds for disciplinary action if it results in an adverse impac~ on the City as employer. I /~ ! l:~ .')11101 OJ!ee Sanctions I ~It is the responsibility of eViry employee to be aware \ _n of the ¡!n\'e provisions and, to labid~ by ~heIT!. Failure ~~- to observe these provisions willl result in immedï-ate ~~ disciplinary action agai st thé employee, up to and, ~ including termination. . . lCl . ug assista Y- ~ ~ 0114P ,EmDlovee Assistance Proaram I The City is committ~d to suppotting 'employees undergoing treatment and rehabllitation for alcohol or other chemical dependency. Th~ City will provide information to employees on aV*ilable drug counseling and rehabilitation programs th10ugh the Employee Assistance Program (PER 15.03.~3). ' I ! I Drua Abuse Education Proaram i I I ! Through its Wellness Program, the City will utilize all available City resources, $uch as the Police Department's D.A.R.E program, ~o_educate employees as to the dangers åf drug abuse. I I VII. Confidentiality ! I ! The confidentiality of all complaints and reported violations of the provisions of this policy will b strictly maintained, except as I required by public disclosure laws or court order~ 16 rM,: on 2 2 280 -. , . 00 r( .. ,. DRUG FREE WORKPLACE POLICY - PER 01.00.03 EMPLOYEE ACKNOWLEDGEMENT In order to comply with a new federal law, THE DRUG FREE WORKPLACE ACT OF 1988, the City has developed a new policy by that name. Because the law requires that the City document that each employee has read this policy, please acknowledge this by signing below. Department/Division: PRINT NAME DATE ~ , . . . '. ';';~~-'~-...o-.- SIGN NAME Attention: Dept/Division Hiring Authority . Keep this,form as a permanent record. All new employees must review the policy and sign. PER 110 3/89 , ~ ~ -;." ¥~'P ,,~6 rf" On ,- ,?o~ .. Cí