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Wicomico County, MD
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Table of Contents
Table of Contents
[HISTORY: Adopted by the County Council of Wicomico County 11-7-1989 by Res. No. 337. Amendments noted where applicable.]
Personnel rules — See Ch. 59.
Drug paraphernalia — See Ch. 135.
Drug and alcohol abuse — See Title 8 the Health-General Article of the Annotated Code.
In this chapter, the following words shall be defined as indicated:
Any use of any illegal drug.
Intentional misuse of any over-the-counter drug in cases where such misuse impairs job performance.
Use of any prescription drug in a manner inconsistent with its medically prescribed intended use or under circumstances where use is not permitted.
Use of alcohol where such impairs job performance.
Intentional and inappropriate use of any substance, legal or illegal, which impairs job performance.
Ethyl alcohol or ethanol.
Any substance, including controlled dangerous substances, taken into the body, other than alcohol, which may impair one's mental faculties or change one's mood and/or physical performance.
Those classes in which the Employee Relations Officer has determined that all of the following conditions exist:
A significant degree of responsibility for the safety of others.
A potential that impaired performance of the employee could result in death of or injury to the employee or others.
Lack of close monitoring of the employee's behavior which reduces the possibility of intervention or assistance by another when necessary.
Alcohol or drugs.
A county-owned, county-utilized or other work site where county work is being done.
The County of Wicomico County establishes and adopts the following substance abuse policy:
Employees are prohibited from unlawfully manufacturing, distributing, dispensing, possessing or using a controlled substance in the workplace.
Where justified by reliable information and/or observation, criminal violations shall be referred to the appropriate law enforcement authority for further investigation and prosecution.
The county will not hire anyone who is known to currently abuse drugs or alcohol.
All employees must report to work in a fit condition to perform their duties. Reporting to work under the influence of drugs or alcohol is a violation of this policy and shall subject the employee to disciplinary action.
All employees on official business, on or off of the workplace, are prohibited from purchasing, transferring, using or possessing illegal drugs or from abusing alcohol or prescription drugs in any way that is illegal.
All employees must report any drug conviction to their supervisor within five days of that conviction.
All employees convicted of off-the-job drug or alcohol offenses will be in violation of this policy.
All employees must cooperate fully with appropriate law enforcement authorities in the investigation and prosecution of illegal drug or alcohol use.
Wicomico County will educate and inform its employees about:
The dangers of drug and alcohol abuse in the workplace and the community at large.
Wicomico County's policy of maintaining a drug-free workplace.
Any drug and alcohol abuse counseling, rehabilitation and assistance programs that are available.
The penalties that may be imposed upon employees for drug and alcohol abuse violations.
Those employees assigned to designated sensitive classes will be subject to termination if they are found to be in violation of this policy.
Any employee found to be in violation of any of the provisions of this policy shall be subject to the penalties contained in Chapter XII of the Wicomico County Personnel Regulations,[1] which provides sanctions up to and including termination.
Editor's Note: See Ch. 59, Personnel Rules.
Employees will not be terminated for voluntarily seeking assistance for a substance abuse problem. However, continued unacceptable job performance, attendance and/or behavioral problems shall result in disciplinary action up to and including termination.
All department heads and supervisors are responsible for adherence, implementations, enforcement and monitoring of this policy.
As a condition of employment, all employees of Wicomico County are required to acknowledge receipt of this policy by signing a copy of the affirmation at time of hire and having it inserted in their personnel files.
Wicomico County is committed to making good faith efforts to ensure a safe, secure and drug-free workplace for its employees consistent with the Drug-Free Workplace Act, governmental operations and the need of employees to work in a drug-free environment conducive to productive and satisfying job experiences. This policy requires the cooperation and support of all employees as we move toward that objective.