Village of Holley, NY Drug-Free Workplace Policy

Prohibition against unlawful presence of controlled substances in the workplace. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance on Village premises, in Village vehicles or while engaged in Village activities is strictly prohibited.

[Amended 10-12-2004 by L.L. No. 3-2004]

Notification of workplace drug conviction. Employees must notify the Board of Trustees of any criminal drug statute conviction for a violation occurring within five days of such conviction. Within 10 days of such notification or other notice the Village of Holley will advise the contracting agency of such conviction.

[Amended 10-12-2004 by L.L. No. 3-2004]

Compliance as a condition of employment. All employees are hereby advised that full compliance with the foregoing policies shall be a condition of employment of the Village of Holley.

Sanctions for a violation of drug-free workplace policy. Any employee who violates the foregoing drug-free workplace policy described above shall be subject to discipline up to and including immediate discharge.

Required participation in drug rehabilitation. In the discretion of the Village, any employee who violates the Village drug-free workplace policy may be required, in connection with or in lieu of disciplinary sanctions, to participate to the Village's satisfaction in an approved drug assistance or rehabilitation program.

[Amended 10-12-2004 by L.L. No. 3-2004]

In order to maintain a drug-free workplace, the Village of Holley has established a drug-free awareness program to educate employees on the dangers of drug abuse in the workplace, the Village's drug-free workplace policy, the availability of any drug-free counseling rehabilitation and employee assistance programs and the penalties that may be imposed for violations of the Village's drug-free workplace policy. Such education may include:

(1)

Discussion of the Village drug-free workplace policy at the employment interview;

(2)

A discussion of the Village policy at the new employee orientation session;

(3)

Distribution of a list of approved drug assistance agencies, organizations and clinics;

(4)

Distribution of published educational materials regarding the dangers of drug abuse;

(5)

Reorientation of all involved employees in cases in which a drug-related accident or incident occurs;

(6)

Inclusion of the policy in employee handbooks and any other personnel policy publications;

(7)

Lectures or training by local drug abuse assistance experts;

(8)

Videotape presentations on the hazards of drug abuse.

Purpose. The Village of Holley recognizes that drugs have potential for abuse and chemical dependencies are recognized as one of the leading health problems in the world today. While there is no intent to intrude upon the private lives of employees, the Village must be concerned if the use of drugs adversely affects the working capabilities of its employees, their health and safety, as well as that of Village clients and public at large.

[Amended 10-12-2004 by L.L. No. 3-2004]

Scope. This policy is to be implemented throughout the Village.

[Amended 10-12-2004 by L.L. No. 3-2004]

Policy. The Village is concerned with only those situations where the use of drugs interferes with an employee's health, his/her job performance or the job performance of other employees, his/her safety as well as the health and safety of others internal and external to the Village. The Village of Holley gives the same consideration to employees with drug dependency as it does to employees having other health problems. It also supports sound treatment efforts. Normal Village benefits such as sick leave, hospital sick leave (if appropriate) and group medical plans may be available to give help in the rehabilitation process.

[Amended 10-12-2004 by L.L. No. 3-2004]

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ILLEGAL DRUGS

Drugs which are not legally obtainable and drugs which are legally obtainable by prescription for which no prescription has been written.

LEGAL DRUGS

Prescribed drugs under medical direction or drugs sold over the counter.

Corrective procedures. The following are guidelines that fall into two categories, "possession" and "working under the influence."

(1)

Possession.

[Amended 10-12-2004 by L.L. No. 3-2004]

(a)

In unauthorized situations where an employee is found possessing or using drugs on Village property or while on Village business, the incident should be documented for the file and the employee suspended pending investigation. The Board of Trustees' members should be consulted prior to taking any further action. Consideration for the employee rehabilitation should also be given.

(b)

Any employee engaging in the sale, purchase, transfer, use or in possession of illegal drugs while on Village business is to be suspended pending investigation. The Board of Trustees will determine subsequent action, termination and/or involvement of law enforcement officials. The employee should be made aware of this possibility at the time of suspension.

(c)

Each employee is responsible for his/her immediate work area. Employees who find illegal drugs on Village property must report this to the Board of Trustees immediately.

(d)

The use of any legally obtained drug to the point where such use adversely affects the employee's job performance is prohibited. The prohibition includes arriving on Village premises under the effects of any drug which adversely affects the employee's job performance. Where this is the case, it is in the general interest of the employee and the Village that sick leave be utilized.

(2)

Under the influence.

(a)

“Under the influence” is defined under this chapter as unexplained irregular behavior, including, without limitation, slurred speech, difficulty in walking, disorientation, disheveled appearance, etc., where the actual use or possession of drugs is not witnessed or present but only suspected.

(b)

It is the role of the employee's supervisor to observe irregular behavior which may be indicative of employees who have chemical dependency problems. The employee's supervisor must, however, take extreme care to ensure that individuals with performance problems are not arbitrarily labeled as drug addicts. Poor performance, not medical symptoms, should serve as the basis for normal disciplinary action and referral. Each supervisor should monitor and thoroughly document performance, attendance, and on-the-job behavior. This should be an ongoing process, not merely selective for those with observed problems. Subsequently, a review of the employee's performance should take place, followed by a notation that the job performance must be corrected and what corrective action steps will follow if improvement is not demonstrated.

[Amended 10-12-2004 by L.L. No. 3-2004]

(c)

There are occasions, however, due to the nature of an employee's responsibilities, that other supervisory action in addition to normal documentation may be necessary. Such conditions must take into account that the irregular behavior described above can present a danger to the employee, his/her co-workers, clients, and the general public and may seriously jeopardize the conduct of business of the Village. If the above conditions are present, the following procedures must be adhered to:

[Amended 10-12-2004 by L.L. No. 3-2004]

[1]

First, the irregular behavior must be witnessed by a reliable third party, e.g., a Board of Trustees' member.

[2]

Second, the employee should be confronted, outlining the reason for suspicion and specific behavioral examples that have been witnessed.

[3]

Third, if the employee admits to substance abuse, provisions for the employee to be sent home should be undertaken (i.e., taxi, a designated driver, etc.).