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Page 60 of 150 <br />Article 19. DRUG FREE WORKPLACE <br />The City of Orono has a vital interest in maintaining safe, healthful, and efficient working conditions <br />for employees, and recognizes that individuals who are impaired because of drugs or alcohol jeopardize <br />the safety and health of other workers as well as themselves. All employees are subject to this policy. <br />City employees required to hold a commercial driver’s license by the U.S. Department of <br />Transportation (“DOT”) must abide by this policy and the additional testing requirements set by the <br />DOT. <br /> <br />The city of Orono has adopted the following zero-tolerance policy on drugs in the workplace: <br /> <br />1. Employees are prohibited from being under the influence of drugs and must report to work on <br />time and in an unimpaired mental and physical condition. <br />2. The term drug includes any “controlled substance” as defined in Minn. Stat. § 152.01, subd. 4, <br />and also includes tetrahydrocannabinol (“THC”) products, including those that are lawfully <br />available for public consumption. <br />3. Employees are prohibited from using, possessing, manufacturing, distributing, selling, <br />purchasing, or dispensing of alcohol, drugs, or drug paraphernalia while on duty; on City <br />premises; operating any City vehicle, machinery, or equipment; or performing any city <br />business. <br />4. The city recognizes drug abuse as a potential health, safety, and security problem. Employees <br />needing help in dealing with such problems are encouraged to use their health insurance plans <br />and employee assistance program, as appropriate. <br />5. Any employee convicted of any criminal drug statute must notify his or her supervisor and the <br />City Administrator in writing of such conviction no later than five days after such conviction. <br />Within 30 days after receiving notice from an employee of a drug-related conviction, the City <br />will take appropriate personnel action against the employee up to and including discharge or <br />require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation <br />program as an alternative to termination. In the event notice is not provided to the supervisor <br />and the employee is deemed to be incapable of working safely, the employee will not be <br />permitted to work and will be subject to disciplinary action, including dismissal from <br />employment. <br />6. Employees taking a lawful drug, including prescription and over-the-counter drug, which may <br />impair their ability to perform their job responsibilities or pose a safety risk to themselves or <br />others, must advise their supervisor of this before beginning work. It is the employee’s <br />responsibility to seek out written information from his/her physician or pharmacist regarding <br />medication and any job performance impairment and relay that information to his/her <br />supervisor. In the event of such a disclosure, the employee will not be authorized to perform <br />safety-sensitive functions. <br />7. Violations of this policy will result in disciplinary action, up to and including termination, and <br />may have additional legal consequences. Employees may be subject to drug testing and may <br />be disciplined, suspended, or terminated after testing positive for drugs. Supervisors are <br />authorized under this policy section 22.03 to send an employee home if the employee’s <br />behavior creates a potential health or safety issue for the employee or others. <br /> <br />Section 19.01 Drug/Alcohol Testing Policy. <br /> <br />See Appendix I. <br />119