Chapter 3.17
DRUG FREE WORKPLACE

Sections:

3.17.010    Purpose.

3.17.020    Drug Free Workplace Policy.

3.17.030    Sanctions.

3.17.040    Dissemination and Implementation.

3.17.010 Purpose.

To provide a workplace free from unlawful use, possession, distribution, manufacture or dispensing of illegal drugs and controlled substances, and to comply with the provisions of the Drug Free Workplace Act of 1988, 28 CFR Part 67 of the Federal Omnibus Drug Act of 1988, and further to help ensure a safe place for employees to work, the following policy and administrative measures are implemented effective immediately. For purposes of this policy, the "workplace" shall include any County facility, County vehicles, private vehicles while on County business, County office, or other location while on County business. Certain employees are also subject to the drug and alcohol testing provisions of the County’s Commercial Drivers License (CDL) Program. (Ord. 2008-106s § 1 (part), 2008)

3.17.020 Drug Free Workplace Policy.

The unlawful manufacture, distribution, dispensing, possession or use of an illegal drug or controlled substance in or on any County facility, vehicle or while on County business is strictly prohibited. County facilities or vehicles include those owned, rented or leased for use in the conduct of Pierce County operations and programs. (Ord. 2008-106s § 1 (part), 2008)

3.17.030 Sanctions.

Employees who violate this policy shall be subject to sanctions. This listing shall not be construed to limit the County’s other disciplinary options, up to and including termination, if in the County’s discretion the circumstances surrounding the use or conviction warrant disciplinary action in addition to the treatment directive.

A.    Unlawful Use or Possession.

1.    Employees either convicted of using a controlled substance in the workplace, found to be under the effects of a controlled substance in the workplace, found to be in possession of or convicted of possessing a controlled substance in the workplace, shall on the first occurrence be required to at a minimum participate satisfactorily in a drug assistance or rehabilitation program and shall be referred to the County’s Employee Assistance Program. Employees who refuse referral to the Employee Assistance Program or do not participate satisfactorily in the drug assistance or rehabilitation program shall be terminated from Pierce County employment. However, an employee may be subject to more severe disciplinary action for a first occurrence up to and including termination.

2.    Employees either convicted of using a controlled substance in the workplace, found to be under the effects of a controlled substance in the workplace, found to be in possession of a controlled substance in the workplace, or convicted of possession of a controlled substance in the workplace on a second occurrence shall be terminated from employment with Pierce County.

3.    The manufacturing, sale, dispensing or distribution of a controlled substance in the workplace shall be cause for termination from employment with Pierce County.

4.    Any employees convicted of any Criminal Drug Statute violation occurring in the workplace shall notify their respective supervisors within five working days after such conviction. Any employee failing to notify the supervisor shall be subject to disciplinary action up to and including termination from employment with Pierce County.

(Ord. 2008-106s § 1 (part), 2008)

3.17.040 Dissemination and Implementation.

A.    Dissemination.

1.    All employees shall be provided with a copy of this policy and shall agree by their signature that they have received this policy and that they will abide by terms and conditions herein. Failure to so agree by signature shall be considered to be an insubordinate act and shall be cause for disciplinary action.

2.    The Human Resources Department shall distribute copies of this policy to all County employees and shall publish the policy statement and sanctions for mandatory posting on all employee bulletin boards.

B.    Implementation.

1.    There shall be established a drug free awareness program to inform employees about the dangers of drug use and abuse in the workplace, the County policy on maintaining a drug free workplace, available drug counseling, rehabilitation and the Employee Assistance Program, and the sanctions contained herein.

2.    Departments receiving federal grants shall, within ten days after receiving notice under Sanctions, A.4. above from an employee or otherwise receiving notice of a conviction, so notify their granting agency.

3.    The implementation of this policy shall not be considered to institute any policy providing for random drug testing or searches of County employees.

4.    This policy applies only to unlawful use, possession, distribution, manufacture or dispensing of a controlled substance in the workplace. "Controlled substance" does not include alcohol.

(Ord. 2008-106s § 1 (part), 2008)