[HISTORY: Adopted by the Mayor and Council of the Borough of Pine Beach 6-14-1994 by Ord. No. 94-06-456. Other amendments noted where applicable.]
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.
A. 
Contractors or subcontractors who file false certifications, fail to comply with the requirements of the Drug-Free Workplace Act of 1988 or, by repeated convictions of affected employees for criminal drug law violations in the workplace, evidence a failure to make the required good faith effort to maintain a drug-free workplace may be subject to rejection of their bid or termination of any existing contract, as well as other penalties provided by law.
B. 
Borough employees who violate the prohibitions provided for by this chapter shall be subject to appropriate penalties as provided for in the applicable collective bargaining agreement; or, in the event that the employee is not subject to a collective bargaining agreement or if the same does not contain applicable provisions, and enforcement of this chapter is not otherwise precluded, then the employees shall be subject to the following penalties:
(1) 
For a first offense relating to possession without intent to sell or distribute: mandatory counseling and suspension with or without pay for a period not to exceed five days. For a second or subsequent offense, the employee may be suspended for a period not to exceed 30 days or may be terminated.
(2) 
For a first offense relating to use of controlled substances: mandatory counseling and suspension without pay for a period not to exceed 30 days. For a subsequent offense, the employee shall be terminated.
(3) 
For a first offense relating to sale or distribution: mandatory counseling and a thirty-day suspension without pay or termination of employment.
C. 
The penalties imposed under this section shall be determined by the Borough Personnel Committee, with recommendations from the employee's direct supervisor. Within 10 days of receiving notice of conviction for a prohibited act, the Personnel Committee shall schedule a hearing and shall provide at least five days' written notice of the same to the employee, who may attend the hearing with or without legal counsel. Not later than 30 days after notice of conviction was received, the Personnel Committee shall render its decision and notify the employee of the same, in writing.