Chapter 3.35
DRUGS AND SUBSTANCE ABUSE POLICY

Sections:

3.35.010    Introduction.

3.35.020    Purpose and effect.

3.35.030    Policy responsibility.

3.35.040    Substance abuse.

3.35.050    Fitness for duty.

3.35.060    Possession and confiscation.

3.35.070    Enforcement and discipline.

3.35.080    Reporting violations.

3.35.090    Rehabilitation.

3.35.100    Privacy.

3.35.110    Policy commitment, notice and training.

3.35.010 Introduction.

The use and abuse of alcohol, drugs, and other chemical substances can impact the general health, welfare and safety of the workplace and the community. In recognition of this potential problem and in compliance with federal, state, and local requirements, efforts to help prevent drug and alcohol abuse in the workplace must be made by public employers by taking necessary action, alerting employees to the dangers and responsibilities related to this problem, and providing assistance to employees when requested and appropriate. This policy statement on drugs and substance abuse has been developed to assist the borough and its employees in responding to this issue in the workplace. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.70.005.]

3.35.020 Purpose and effect.

It is the policy and intent of the borough to maintain a safe and healthy working environment for all of its employees, to ensure effective and safe service to its citizens and the public, to protect the borough and its employees from liability, to safeguard borough property and other assets, and to comply with all applicable laws and regulations regarding substance abuse, including the abuse of alcohol and drugs.

The borough is committed to a drug-free workplace and recognizes its obligation to ensure that its services meet high standards of public safety and reliability. Therefore, the manufacture, distribution, dispensation, possession, or use of any controlled substance, a drug not medically authorized, or other substances which would impair job performance or pose a hazard to the safety of the employee or the employee’s working environment, the public, or to other employees, or the possession or use of alcohol at the workplace and in violation of this policy, is strictly prohibited.

This policy applies to all borough employees. Employees may be subject to disciplinary action or completion of an approved rehabilitation program in accordance with the provisions of this policy for violations of the prohibitions herein.

It is imperative that employees be aware of the seriousness of drug and substance abuse in the workplace, as defined in this policy, and of the potential penalties and disciplinary action resulting from such abuse. All employees with any type of drug or substance abuse problem are encouraged to receive any and all assistance and treatment as needed. All employees must strictly comply with the guidelines and rules established by this policy. In addition to this policy, all borough employees working on borough-owned ferries must comply with all U.S. Coast Guard drug and substance abuse regulations. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.70.010.]

3.35.030 Policy responsibility.

(a)    All department heads and supervisory employees of the borough are responsible for taking immediate action consistent with this policy and its applicable procedures.

(b)    Because of the major public service, health, safety, and disciplinary problems created by drug and substance abuse in the workplace, all borough employees must abide by the terms of this chapter as a condition of employment. All employees are required to notify the borough manager of their criminal drug statute convictions for violations occurring in the workplace no later than five (5) days after such conviction. Employees are also encouraged to seek appropriate medical or other assistance with drug or substance abuse problems to ensure the public’s safety and effective service. Upon request, the borough manager and department heads will provide information regarding available rehabilitation or assistance programs. Regardless of any drug, substance or alcohol dependency or condition, each employee is expected to maintain his/her job performance at a satisfactory or better level. It is therefore the duty of each individual employee to comply with this chapter. Employees violating this chapter are subject to discipline, including possible dismissal or completion of a borough approved rehabilitation program.

(c)    The borough manager is responsible for taking the necessary steps to ensure that all employees, contractors, suppliers, and others who may be performing work or providing services on borough property, or on behalf of the borough, comply with this chapter and all applicable laws and regulations. This includes instituting and maintaining this chapter designed to achieve a drug-free workplace and complying with all applicable laws and regulations, such as developing and implementing a drug and alcohol awareness information program to its employees. The manager is also responsible for the training of management personnel in the implementation of this chapter and its procedures, and to emphasize to its employees the importance of this chapter and program. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.70.015.]

3.35.040 Substance abuse.

(a)    The use of alcohol at the workplace is prohibited. Employees shall not work or perform any borough business or duties while under any influence of alcohol.

(b)    The manufacture, distribution, dispensation, possession, or use of a controlled substance, drug not medically authorized, or other substance which could impair job performance or pose a hazard to the safety and welfare of the employee, the public, or other employees is prohibited at the workplace. Employees shall not work or perform any borough business while under the influence of any drug, including prescription drugs or over-the-counter drugs, that could impair work performance. Employees must report the use of prescription drugs which could impair job performance to their supervisor and provide proper written medical authorization to work and perform duties from a licensed practitioner, physician or dentist. Failure to report the use of prescription drugs and other over-the-counter drugs that could impair job performance, or failure to provide proper evidence of medical authorization, can result in disciplinary action, including possible termination. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.70.020.]

3.35.050 Fitness for duty.

If a department head or supervisor has reasonable cause to believe that an employee may be under any influence of or impaired by a substance, the employee shall not be allowed to remain on duty or to continue to perform job functions. Except in an emergency, the decision not to allow the employee to remain on duty must be made in consultation with the department head and the borough manager to ensure a fair determination that there are adequate grounds and reasonable cause for the decision. Such employee shall not be allowed to return to work until the employee has been determined fit for duty through a licensed practitioner, physician or dentist or through an appropriate rehabilitation program counselor. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.70.021.]

3.35.060 Possession and confiscation.

The borough respects reasonable employee privacy in the workplace. However, all employees must respect the potential serious dangers in the workplace caused by substance abuse and the need to safeguard the workplace from substance abuse and its effects. Therefore, the possession of alcohol or unauthorized drugs in the workplace is prohibited. Any substance found on borough premises in violation of this chapter shall be confiscated. If necessary, the borough shall coordinate such confiscation with appropriate law enforcement officials. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.70.022.]

3.35.070 Enforcement and discipline.

Any violation of this chapter shall be grounds for appropriate disciplinary action, up to and including termination or completion of a borough approved rehabilitation program. In addition, when appropriate, the proper law enforcement authorities shall be notified of the violation. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.70.023.]

3.35.080 Reporting violations.

(a)    Any employee who observes or has knowledge of substance abuse on borough property or in borough vehicles, or observes or has knowledge of another employee who violates this chapter or observes an employee in a condition which might impair that employee’s ability to perform job duties or which could pose a hazard to the safety of others, shall promptly report the incident or knowledge to the reporting employee’s supervisor. The supervisor shall then promptly report the incident or knowledge to the department head. The department head shall immediately investigate the report and make a determination of the facts of the matter. A determination shall be immediately made on the employee’s fitness for duty. Any action taken shall comply with KGBC 3.15.200.

(b)    To the degree possible, the reporting individual’s identity shall be kept confidential. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.70.025.]

3.35.090 Rehabilitation.

The borough offers employees the use of rehabilitative services in accordance with the terms of the borough’s benefit programs and subject to coverage limitations. Individual employees are personally responsible for seeking appropriate treatment for dependency caused by substance abuse. Employees who voluntarily seek treatment shall be allowed to use personal leave and benefits as for any other illness or disability. Job security or promotions shall not be jeopardized by seeking treatment. However, employees undergoing or having undergone rehabilitation are subject to the same prohibitions and penalties as other employees regarding any violation of this chapter. In addition, all employees, including those undergoing or having undergone treatment, are subject to appropriate disciplinary action, including possible termination, if they do not meet general borough performance standards, appropriate conduct requirements, and other conditions of employment. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.70.027.]

3.35.100 Privacy.

Records involving treatment or violations of this chapter shall be maintained and used by the borough with the maximum respect for individual confidentiality and privacy. As the law allows, confidentiality of such records shall be in accordance with requirements of the KGB Code. Additionally, the borough shall maintain records and reports as required by appropriate government authorities. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.70.028.]

3.35.110 Policy commitment, notice and training.

The borough is committed to assisting its employees in complying with this chapter and in avoiding the problems and penalties resulting from substance abuse. As a result, all employees shall receive a copy of this chapter upon its adoption. In addition, the borough shall coordinate with employee union representatives in amending this chapter, when necessary. Within allocated resources, the borough shall also make training available for department heads, other supervisors, and other employees to help prevent substance abuse and to deal effectively with substance abuse problems or violations of this chapter when they occur. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.70.030.]