[Adopted 6-28-1989]
A. 
The Board of York County Commissioners recognizes that the misuse of drugs is a serious problem, with legal, physical and social implications for the entire community. As such, the Board of Commissioners is very much concerned about the problem that may be caused by drug use of employees.
B. 
The primary purpose and justification for any action on the part of the Board of Commissioners would be the protection of the health, safety and welfare of employees, family, County property and the community.
For the purposes of this Article, the following terms shall have the meanings indicated:
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 statute. Any County government employee convicted of possession of a controlled substance with the intent shall be terminated from his/her employment with the County.
CRIMINAL DRUG STATUTE
A federal or nonfederal criminal statute involving the manufacture, distribution, dispensing, use or possession of any controlled substance.
DRUG-FREE WORKPLACE
The site for the performance of work at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance.
DRUGS
Those outlined in the Controlled Substance, Drug, Device and Cosmetic Act.[1]
[1]
Editor's Note: See 35 P.S. § 780-101 et seq.
A. 
A statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the County's workplace shall be provided by the Board of Commissioners and shall specify the actions that will be taken against the employee for violation of this policy.
B. 
The Board requires that each employee be given a copy of the statement and notified that, as a condition of employment, the employee will abide by the terms of the statement and notify the Board's Personnel Director of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
A. 
The Board of Commissioners shall be responsible for taking one of the following actions within 30 days after receiving notice with respect to any convicted employee.
B. 
The Board of Commissioners shall take appropriate personnel action against such an employee, up to and including termination, or require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program, approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency.
In establishing a drug-free awareness program, the Board of County Commissioners has designated the County Personnel Office to inform employees about:
A. 
The dangers of drug abuse in the workplace.
B. 
The County's policy of maintaining a drug-free workplace.
C. 
The availability of drug counseling, drug rehabilitation and employee assistance programs.
D. 
The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
This policy is developed as the result of Federal Executive Order Number 12291 and the Drug-Free Workplace Act of 1988, requiring that all grantees, including a state government or its political subdivisions, subject to federal funding develop and enforce such rules and regulations.