In this chapter, the following words shall be defined as indicated:
ABUSE
A.
Any use of any illegal drug.
B.
Intentional misuse of any over-the-counter drug in cases where such
misuse impairs job performance.
C.
Use of any prescription drug in a manner inconsistent with its medically
prescribed intended use or under circumstances where use is not permitted.
D.
Use of alcohol where such impairs job performance.
E.
Intentional and inappropriate use of any substance, legal or illegal,
which impairs job performance.
DRUGS
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.
SENSITIVE CLASSES
Those classes in which the Employee Relations Officer has determined
that all of the following conditions exist:
A.
A significant degree of responsibility for the safety of others.
B.
A potential that impaired performance of the employee could result in
death of or injury to the employee or others.
C.
Lack of close monitoring of the employee's behavior which reduces
the possibility of intervention or assistance by another when necessary.
WORKPLACE
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:
A. Employees are prohibited from unlawfully manufacturing,
distributing, dispensing, possessing or using a controlled substance in the
workplace.
B. Where justified by reliable information and/or observation,
criminal violations shall be referred to the appropriate law enforcement authority
for further investigation and prosecution.
C. The county will not hire anyone who is known to currently
abuse drugs or alcohol.
D. 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.
E. 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.
F. All employees must report any drug conviction to their
supervisor within five days of that conviction.
G. All employees convicted of off-the-job drug or alcohol
offenses will be in violation of this policy.
H. All employees must cooperate fully with appropriate law
enforcement authorities in the investigation and prosecution of illegal drug
or alcohol use.
I. Wicomico County will educate and inform its employees
about:
(1) The dangers of drug and alcohol abuse in the workplace
and the community at large.
(2) Wicomico County's policy of maintaining a drug-free
workplace.
(3) Any drug and alcohol abuse counseling, rehabilitation
and assistance programs that are available.
(4) The penalties that may be imposed upon employees for
drug and alcohol abuse violations.
J. Those employees assigned to designated sensitive classes
will be subject to termination if they are found to be in violation of this
policy.
K. 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, which provides sanctions up to and including termination.
L. 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.
M. All department heads and supervisors are responsible
for adherence, implementations, enforcement and monitoring of this policy.
N. 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.