One of the greatest problems facing society today is drug and alcohol
abuse. The purpose of this article is to define the policy of the Town of
Princess Anne regarding the use of drugs and alcohol in the workplace and
prescribe administrative procedures and remedies for enforcing these policies.
Employees of the Town of Princess Anne must report to work in a fit
condition to perform their duties. No employee shall use or possess alcoholic
beverages while on the job site. Employees, whether off duty or on duty, are
strictly forbidden to use or possess illegal drugs or drug paraphernalia as
defined under Article 27 of the Annotated Code of Maryland. Illegal drug use
also includes the use of nonprescription and prescription drugs when used
without a prescription or used other than as prescribed by the manufacturer.
[Amended 1-3-1994 by Ord. No. 93-05]
A. An employee charged with a drug- or alcohol-related crime
occurring in or out of the workplace shall report such charge to the Town
Manager, in writing, no less than five days after such charges are brought.
B. All employees who are convicted of a drug- or alcohol-related
crime occurring in or out of the workplace shall report such conviction to
the Town Manager, in writing, no less than five days after such conviction.
C. In the event that an employee is convicted of a drug-
or alcohol-related crime, the Town shall notify all federal agencies which
provide grant funds to the Town of the conviction within 10 calendar days
of receipt of the earlier of the following:
(1) Notice from the employee of such conviction; or
(2) Actual notice by other means.
[Amended 1-3-1994 by Ord. No. 93-05]
The Town of Princess Anne shall sponsor a drug awareness program that
complies with the Federal Drug-Free Workplace Act, 41 U.S.C. § 701
et seq., for the employees to inform them of the potential danger of drugs
and alcohol and to explain to them these rules and regulations.
Employees who voluntarily seek assistance for a drug or alcohol abuse problem will not be terminated if that assistance is sought prior to action being taken under this article. If, however, the employee continues to use illegal drugs or abuse alcohol in such a manner that it affects the employee's job performance, he/she shall be subject to the penalties imposed in §
24-14 of this article.
[Added 1-3-1994 by Ord. No. 93-05]
A. The Town shall publish a policy statement which shall
notify employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the Town's
workplace. The policy statement shall include as an appendix a copy of the
Princess Anne Drug- and Alcohol-Free Workplace Act.
B. The Town shall provide a copy of the policy statement
to each employee who is engaged in the performance of the grant. The statement
shall notify the employee that, as a condition of employment under the grant,
the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the Town, in writing, of any criminal drug statute
conviction for a violation occurring in the workplace no later than five calendar
days after such conviction.
[Added 3-4-1996 by Ord. No. 96-01]
A. Employees who possess a commercial driver's license
(CDL) will be randomly selected for drug and alcohol testing in accordance
with the standards for random selection that are established by the Code of
Federal Regulations and the Code of Maryland Regulations.
B. Employees selected will be expected to report to a specified
collection site for drug and alcohol testing by a certified laboratory.
[Amended 3-6-2000 by Ord. No. 2000-3]
C. No drug or alcohol test will be conducted without the
employee's consent, but refusal to consent will result in an automatic
five-day suspension by the department supervisor. If an employee refuses to
submit to drug or alcohol testing, he/she will be considered to have tested
positive.
D. Employees that receive a positive test result are subject
to disciplinary action as described in the STA United's Driver's
Guide to Alcohol and Drug Testing, a copy of which must be provided to each
employee.
E. Employees who test positive or refuse testing and are
not terminated must submit to a back-to-duty test and all subsequent tests
required under Department of Transportation regulations, as well as any associated
cost, at the employee's expense.
F. The Town's medical review officer will confidentially
review drug and alcohol tests and then forward test results to the Town in
accordance with applicable law.
G. Employees with positive test results may have another
test conducted by a certified laboratory at their own expense.
H. Applicants for positions that require CDL's may
be tested for alcohol and drugs prior to employment.
I. The following employees shall be tested at any time:
(1) Employees participating in drug and alcohol rehabilitation
programs when such testing is part of the program.
(2) Employees when job performance or behavior causes their
supervisors to have reasonable suspicion that they may be under the influence
of drugs or alcohol.
(3) Employees involved in a reportable accident while operating
a Town vehicle and receiving a moving violation and/or where a known injury
or fatality occurs due to the accident. If any vehicle requires towing from
the accident scene, testing will be required as well.
(4) Employees who have previously violated the Town's
substance abuse policy and are returning to work.
J. All testing for drugs and alcohol, as well as physical
examination, will be conducted through a program in coordination with the
Somerset County program for the enforcement of CDL regulations as required
by the Department of Transportation.
K. If any job classification requires an employee to have
a CDL to perform his/her job duties, the department supervisor utilizing the
job classification shall be responsible for having the employee's name
entered into the Town's CDL listing for random selection for drug and
alcohol testing. The supervisor shall also make certain the employee receives
a biannual physical examination by a physician designated by the Town Manager.
Therefore, the Town's department supervisors are responsible for implementing
the established and adopted Town program for alcohol and drug testing and
physical examinations of CDL drivers.
[Added 3-4-1996 by Ord. No. 96-01]
Employees providing services on Town-funded projects must provide for
and maintain a drug- and alcohol-free workplace. Contractors are responsible
and liable for employee negligence due to drug or alcohol abuse on the job.
Contractors will be required to reimburse the Town for any damage caused by
employees under the influence of drugs or alcohol and will be required to
hold the Town harmless in the event of suit by an individual or entity injured
by an employee who was under the influence of drugs or alcohol.
[Added 3-4-1996 by Ord. No. 96-01]
Employers who have employees working in Town-maintained workplaces must
have drug- and alcohol-free workplace policies. The Town will take the necessary
steps to ensure that these policies are followed, i.e., it will notify the
violator's supervisor and/or the proper authorities.