It is the purpose and interest of this chapter to eliminate
illegal drugs from the workplace with regard to borough employees
and employees of contractors and subcontractors awarded contracts
by the borough.
The unlawful manufacture, distribution, dispensation, possession
or use of a controlled substance (as listed in Schedules I through
V of Section 202 of the Controlled Substances Act) is prohibited in
the workplaces of the borough, both within the borough and in those
areas of its business enterprise in which contract work is performed.
The following requirements shall apply to all contractors and
subcontractors of the borough and to employees of the borough and
notice of these requirements shall be distributed by the borough and
by its contractors and subcontractors:
A. As a condition of employment by the borough or under a borough contract,
all employees must obey the stated prohibition and notify the employer
within five days of their conviction (including a plea of nolo contendere)
for violating any state or federal criminal drug law by an action
committed in the workplace.
B. All affected employees shall be provided with notice of the prohibited
conduct and their obligations.
C. If federal funding exists for the performance of the offending employee's
work, the borough shall notify the funding agency within 10 days after
receiving notice of the employee's conviction with respect to
a drug law violation occurring in the workplace.
D. Within 30 days of receiving notice of such a conviction, the employer
shall either discipline the convicted employee or require the employee
to complete a government-approved drug rehabilitation program.
E. The borough, its contractors and subcontractors shall establish an
informational drug-free awareness program for its employees. This
program shall be designed to advise the employees of:
(1) The employer's policy of maintaining a drug-free workplace.
(2) The dangers of workplace substance abuse.
(3) The penalties the employer will impose for substance abuse violations.
(4) Information about available drug counseling, rehabilitation or employee
assistance programs.
F. The borough, its contractors and subcontractors shall make a good
faith effort to preserve a drug-free workplace by observing the requirements
of this chapter. All contractors and subcontractors shall certify
as to their compliance hereunder.