09-12-2022 Council Packet - Laserfiche WebLink

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55 221698v1 Article 19. DRUG FREE WORKPLACE The City of Orono has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs or alcohol jeopardize the safety and health of other workers as well as themselves. All employees are subject to this policy. City employees required to hold a commercial driver’s license by the U.S. Department of Transportation (“DOT”) must abide by this policy and the additional testing requirements set by the DOT. The city of Orono has adopted the following zero-tolerance policy on drugs in the workplace: 1. Employees are prohibited from being under the influence of drugs and must report to work on time and in an unimpaired mental and physical condition. 2. The term drug includes any “controlled substance” as defined in Minn. Stat. § 152.01, subd. 4, and also includes tetrahydrocannabinol (“THC”) products, including those that are lawfully available for public consumption. 3. Employees are prohibited from using, possessing, manufacturing, distributing, selling, purchasing, or dispensing of alcohol, drugs, or drug paraphernalia while on duty; on City premises; operating any City vehicle, machinery, or equipment; or performing any city business. 4. The city recognizes drug abuse as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to use their health insurance plans, as appropriate. 5. Any employee convicted of any criminal drug statute must notify his or her supervisor and the City Administrator in writing of such conviction no later than five days after such conviction. Within 30 days after receiving notice from an employee of a drug-related conviction, the City will take appropriate personnel action against the employee up to and including discharge or require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program as an alternative to termination. In the event notice is not provided to the supervisor and the employee is deemed to be incapable of working safely, the employee will not be permitted to work and will be subject to disciplinary action, including dismissal from employment. 6. Employees taking a lawful drug, including prescription and over-the-counter drug, which may impair their ability to perform their job responsibilities or pose a safety risk to themselves or others, must advise their supervisor of this before beginning work. It is the employee’s responsibility to seek out written information from his/her physician or pharmacist regarding medication and any job performance impairment and relay that information to his/her supervisor. In the event of such a disclosure, the employee will not be authorized to perform safety-sensitive functions. 7. Violations of this policy will result in disciplinary action, up to and including termination, and may have additional legal consequences. Employees may be subject to drug testing and may be disciplined, suspended, or terminated after testing positive for drugs. Supervisors are authorized under this policy section 22.03 to send an employee home if the employee’s behavior creates a potential health or safety issue for the employee or others.