Town of Gates, NY Chapter 13 Drug-Free Workplace

[HISTORY: Adopted by the Town Board of the Town of Gates 10-5-1992. Amendments noted where applicable.]

§ 13-1 Findings; policy.

The Town of Gates has a responsibility to its employees, town residents and the public at large to take active, reasonable steps to assure safety in the workplace and safety in the delivery of the services that it provides to the citizens of Gates. To this end, the town affirms its policy that it strictly prohibits the unlawful use, distribution, possession or manufacture of controlled substances in the workplace, in town vehicles (whether performing town business or not), while performing town business anywhere, including off of town property, or during work hours; the consumption of alcohol in the workplace, in town vehicles (whether performing town business or not), while performing town business anywhere, including off of town property, or during working hours; and allowing staff to work while they are under the influence of drugs or alcohol.

§ 13-2 Disciplinary action.

Any staff member who is determined to unlawfully use, distribute, possess or manufacture controlled substances under the above-stated conditions; to consume alcohol under the above-stated conditions; or to be working with ability impaired due to the use of alcohol or drugs will be subject to appropriate disciplinary action, including loss of wages or termination. The town will also pursue legal recourse when appropriate.

§ 13-3 Employee assistance.

To assist employees who may have a drug or alcohol abuse problem, the Town of Gates has entered into a contract with Park Ridge Hospital to administer an Employee Assistance Program. This program is a confidential counseling and referral program for employees with a variety of problems, including alcohol and drug abuse. If a supervisor feels that an employee has an abuse problem that is affecting his work performance or if the employee is found to have unlawfully used, distributed, possessed or manufactured controlled substances in the workplace or reported to work with ability impaired due to drug or alcohol abuse, the supervisor should report this immediately to the department head, who may mandate the employee's attendance and follow through with the Employee Assistance Program.

§ 13-4 Compliance required; report of convictions.

Employees must as a condition of employment abide by the terms of this policy. Employees who perform work that is funded by a federal project must report any conviction under a criminal drug statute for violations occurring on or off the town's premises while conducting town business to their immediate supervisor. A report of conviction must be made within five days after the conviction.