[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 1-25-1994 by Ord. No. O:94-4 (Ch. 20A, Art. II of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policy and practices — See Ch. 100.
Drug- and drunk-driving-free zones — See Ch. 263.
The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited at any Town workplace, and any employee of the Town adjudged to have violated this prohibition shall be subject to major disciplinary action.
As used in this chapter, the following terms shall have the meanings indicated:
CONTRACTOR
The department, division or other unit of a person responsible for the performance under the contract.
CONTROLLED SUBSTANCE
A controlled substance in Schedules I through V of § 812 of Title 21.
CONVICTION
A finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
CRIMINAL DRUG STATUTE
A criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substance.
DRUG-FREE WORKPLACE
A site for the performance of work done in connection with any Town function or a specific grant or contract as described in § 701 or 702 of Title 41 of an entity at which employees of such entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in accordance with the requirements of this Act.
EMPLOYEE
All Town employees or the employee of a grantee or contractor directly engaged in the performance of work pursuant to the provisions of the grant or contract described in § 701 or 702 of Title 41.
FEDERAL AGENCY
An agency as that term is defined in § 552(f) of Title 5.
GRANTEE
The department, division or other unit of a person responsible for the performance under the grant.
A. 
The Business Administrator shall be responsible for establishing a drug-free awareness program to inform the employees about:
(1) 
The dangers of drug abuse in the workplace.
(2) 
The Town's policy of maintaining a drug-free workplace.
(3) 
The availability of drug counseling/rehabilitation.
(4) 
The penalties that may be imposed upon any employee for drug abuse violations.
B. 
The Business Administrator shall be responsible for establishing procedures to ensure that each employee be given a copy of this policy.
As a condition of employment, all Town employees must:
A. 
Abide by the terms of this policy.
B. 
Notify the Town of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
A. 
The Business Administrator shall be responsible for notifying the appropriate federal grant agencies within 10 days after receiving notice by a Town employee of any criminal drug statute conviction for a violation occurring in the workplace.
B. 
The Mayor shall take major disciplinary action against any employee with a criminal drug statute conviction for a violation occurring in the workplace. The Mayor may require the satisfactory participation in a drug abuse assistance or rehabilitation program as part of the disciplinary action.
C. 
The Town hereby declares its intentions to maintain a drug-free workplace through the implementation of this policy.