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HomeMy WebLinkAbout09/04/1990, C-3 - DRUG-FREE WORKPLACE POLICY �rypy�llr,'�I�II MEETING DATE: UII91W �I�° '�IIII city of San LUIS OBIspo - COUNCIL AGENDA REPORT REM u'M FROM: ANN MC PIKE, PERSONNEL DIRECTOR(��11 SUBJECT: DRUG-FREE WORKPLACE POLICY VV'' CAO RECOMMENDATION: Adopt a Resolution establishing a Drug-Free Workplace Policy in compliance with the Drug-Free Workplace Act. DISCUSSION: As part of a comprehensive drug interdiction, prevention, and treatment bill, the Drug-Free Workplace Act of 1988 was enacted by the federal government. Cities who are or may be recipients of federal grants are required by this law to take specific steps to insure a drug-free workplace. Although City rules are in place that prohibit drug usage that impairs job performance, the requirements of the Act augment our current regulations. Establishing a Drug-Free Workplace Policy clearly communicates the City's intention to maintain a safe, healthful and productive workplace and brings the City into compliance with federal law. CONCURRENCES: All of the City's employee associations have reviewed the policy and are in agreement with it. The City Attorney has approved the policy as meeting the requirements of the Act. FISCAL IMPACT: The costs of publishing the policy and conducting the mandated training are included in the Personnel Department Budget and require no augmentation at this time. ALTERNATIVES: Should the City be found in violation of the Drug-Free Workplace Act, non-compliance penalties ("Sanctions") would be imposed which could result in suspension of payments under a Federal grant, termination of a grant, or debarment for any grant award from any Federal agency for up to five years. Attachments: 1. Resolution 2. Drug-Free Workplace Policy C�3•/ RESOLUTION N0. (1990) ESTABLISHMENT OF A DRUG-FREE WORKPLACE POLICY WHEREAS, the Federal Government enacted the Drug-Free Workplace Act of 1988 as part of a comprehensive drug -interdiction, prevention and treatment bill, and WHEREAS, the City of San Luis Obispo intends to maintain a safe, healthful and productive work environment for all employees, and WHEREAS, the City will act to eliminate the unlawful use of drugs and other controlled substances which could impair an employeels .ability to safely and effectively perform the functions of his/her job and/or threaten the safety of coworkers, CWHEREAS, the City's employee associations have reviewed the Drug-Free Workplace Policy and are in agreement with and supportive of said policy, NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby establish a Drug-Free Workplace Policy On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of . , 1990. Mayor Ron Dunin ATTEST: Pam Voges, City Clerk Resolution No. Page 2 APPROVED: Ci y AN dun inis ratio Offi r y to e Personnel Director O x'3.3 4/90 CITY OF SAN LUIS OBISPO C' DRUG-FREE WORKPLACE POLICY PURPOSE It is the policy of the City of San Luis Obispo to maintain a safe, healthful and productive work environment for all employees. To that end, the City will act to eliminate the unlawful use of drugs and other controlled substances including, but not limited to, alcohol and prescription drugs, which could impair an employee's ability to safely and effectively perform the functions of his/her job and/or threaten the safety of co-workers. All City employees, regardless of their employment status (i.e. permanent, temporary, contract, etc.), are subject to this policy. POLICY 1. Employees are expected and required to report to work in appropriate mental and physical condition to perform their jobs. The unlawful manufacture, distribution, dispensation, possession or use of drugs or other controlled substances, including alcohol, on City premises or while conducting City business off premises is absolutely prohibited. 2. The City will establish a drug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The City's policy of maintaining a drug-free workplace; C. Available drug counseling, rehabilitation and employee assistance programs; and d. The penalties that may be imposed on employees for drug abuse violations. 3. This policy is intended to assure that no employee with an alcohol or drug problem will have his or her job security or promotional opportunities jeopardized by a request for help. 4. Employees will, as a condition of employment, abide by the terms of this policy and notify the City, within five (5) days, of any criminal drug statute conviction which he/she receives for a violation occurring in the workplace. 5. The City shall notify any appropriate federal granting agency of any criminal convictions of an employee for illegal drug activity in the workplace within 10 days of the City's notification of such conviction. Otherwise, the individual's rights to confidentiality and privacy are recognized. The pertinent information and records of employees with an alcohol or drug problem will be preserved in the same manner as all other confidential records. 6. The City shall initiate action after receiving notice !of conviction of an employee which may result in required participation in a treatment program and/or progressive discipline, up to and including termination. 7. The City shall make a good faith effort to continue maintaining a drug-free workplace through implementation of this policy. 8.. Implementation of this policy will not require or result in any special regulations, privileges, or exemptions from the.standard administrative practices applicable to job performance requirements. O C'-3•� DRUG-FREE WORKPLACE NOTICE TO EMPLOYEES All employees are hereby notified that it is a violation of the City of San Luis Obispo's Drug-Free Workplace Policy for any employee at the workplace to unlawfully manufacture, distribute, dispense, possess or use any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or other controlled substance including, but not limited to, alcohol and prescription drugs, as defined in the Drug-Free Workplace Act of 1988. Violations of this policy by employees may result in discipline, up to and including termination. "Workplace" is defined as any place where City work is performed, including a City building or site, or any City-owned vehicle. As an employee, you will, as a condition of employment, abide by the terms of this policy and notify the City, within five (5) days, of any criminal drug statute conviction which you receive for a violation occurring in the workplace. The following are among the drug counseling, rehabilitation and/or other agency assistance programs available locally: City of San Luis Obispo Employee. Assistance Program (800) 227-1060 San Luis Obispo County Drug Program (805) 549-4753 San Luis Obispo County Alcohol Services (805) 549-4275 Narcotics Anonymous (805) 549-7730 Alcoholics Anonymous (805) 543-5800 EMPLOYEE STATEMENT I have read the City's policy on a Drug-Free Workplace and affirm that I have knowledge and understanding of this policy. Signature Date i'