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HomeMy WebLinkAboutIR 7362 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7362 p.1 `af4okrw To the Mayor and Members of the City Council March 7, 1989 Subject: FEDERAL DRUG-FREE WORK- PLACE REGULATIONS Interim final regulations have been published in the Federal Register implementing the drug-free workplace requirements of the "Anti-Drug Abuse Act of 1988.11 This law requires that, effective March 18, 1989, recipients of federal contracts for more than $25,000 and all grants must certify that they maintain a drug-free workplace. The City of Fort Worth is subject to this Act which requires affected employers to certify they are committed to maintaining a drug-free workplace. THE ACT DOES NOT REQUIRE DRUG SCREENING OR TESTING. Grantees would be required to certify that they will provide a drug-free workplace by: (1) publishing a statement notifying employees that the distribution, possession or use of a controlled substance is prohibited in the workplace; (2) establishing a drug free awareness program to inform employees about the danger of drug abuse, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for workplace drug abuse violations; (3) providing employees who work on the grant with a copy of the statement which makes it a condition of employment that they comply with its terms; (4) notifying the employer of any criminal drug conviction for a workplace violation within five days; (5) taking appropriate action including termination of any employee who is convicted of using drugs in the workplace; and (6) making a good faith effort to continue to maintain a drug-free workplace. The law does not require contractors of grantees to conduct drug tests of employees. Ph The regulations provide that grants covered under this law would include block*grants and entitlement grant programs. However, the term "grant" would only include assistance from an agency directly to a grantee. As a result, where a federal agency provided financial assistance to a state agency, which then provided the funds to several local agencies, only the state agency which received the funds directly from the federal agency would have to meet the drug-free workplace requirements. A state would have the option of making an annual certification to each agency from which it receives grants, rather than making a separate certification for each grant. The regulations provide sanctions if the drug-free workplace requirements are not met. A grantee could be sanctioned for making a false certification; for failing to comply with the requirements of the certification; or for having a large number of employees convicted of workplace drug violations which would "indicate that the grantee has failed to make a good faith effort to provide a drug-free workplace." Grantees could have their payments suspended, their grants terminated or they could be debarred. The debarment could be for up to five years and the grantee would be ineligible for grants from any federal agency during this time period. In determining the level of the organization at which a sanction should be imposed, the regulations provide that federal agencies will focus on the department, division or other unit of the grantee responsible for the performance of the grant. As an example, the regula- tions provide that where several different departments of a state agency receive grants from a federal agency and one of the departments violates the regulations, sanctions could be imposed on only that department. If the entire agency is responsible for the implementa- tion of the drug-free workplace requirements, the whole agency could be subject to sanctions for a violation. L ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 73B2 p.2 µ,,P, mfto 1 61 To the Mayor and Members of the City Council March 7, 1989 - Page 2 Subject: FEDERAL DRUG-FREE WORKPLACE REGULATIONS The Personnel Department is preparing a City policy for inclusion in the Personnel Rules and Regulations which will ensure the City is in compliance with the Act. An M&C and proposed policy will be presented to the Council next week. A copy of the proposed Personnel Regulation is attached for your review. C 1V 6ouglas Harman City Manager DH:sm Attachment ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS t lop", DRUG-FREE WORKPLACE POLICY 1.0 Purpose: This policy presents the essential provisions contained in the Omnibus Drug Initiative Act of 1988 which was signed into law on November 18, 1988 and became effective on March 18, 1989. This Act requires recipients of federal contracts for over $25,000 and all grantees to certify that they maintain a drug-free workplace. 2.0 Departments Affected: All departments. 3.0 Policy: 3.1 The City of Fort Worth shall , in compliance with the Omnibus Drug Initiative Act of 1988, take those steps required by the Act to ensure that its workplace is a drug-free workplace. 3.2 All employees shall receive a copy of the City' s "Policy Regarding Controlled Substance Abuse" (Appendix 5.1). With the approval and enactment of this policy, current employees shall be issued a copy of the policy and all persons newly hired by the City shall receive a copy of the policy during the new employee orientation process. 3.3 Any employee found in violation of this policy shall be disciplined and such discipline may include termination or the successful completion of a drug rehabilitation program. 3.4 The City provides an Employee Assistance Program which is designed to assist employees and their families with personal or behavioral problems that have or could adversely affect job performance. 4.0 Procedures/Rules: 4.1 The City of Fort Worth shall publish a policy statement notifying all employees that the City is committed to maintaining a drug-free workplace. This policy statement shall be given to all persons newly hired by the City during new employee orientation (See Appendix 5.1). 4.2 The City shall establish a drug-free workplace awareness program to make employees aware of the dangers of drug abuse and the help that is available to combat this problem. 4.2.1 This program shall include an educational component designed to inform employees of the dangers of drug abuse in the workplace. 4.2.2 This program shall inform all employees of the City ' s commitment to maintaining a drug-free workplace. 4.2.3 This program shall direct employees to seek help through the City's Employee Assistance Program. 000, 4.2.4 This program shall alert employees to the penalties and consequences they will incur for drug abuse violations at the workplace. 4.3 Under the omnibus Drug Initiative Act, employees must, as a condition of employment: 4.3.1 Abide by the terms of the City's "Policy Regarding Controlled Substancit Abuse"; and, 4.3.2 Notify their supervisor or Division Head of any criminal drug statute conviction for a violation occurring at the workplace no later than 5 days after such conviction. 4.4 A Department Head, upon receiving notification of an employee ' s conviction, must notify the Personnel Director immediately. The Personnel Director must ensure that the appropriate federal funding agency is notified of the conviction within 10 days after the City was notified of the conviction. Failure to do so could jeopardize the City's receipt of federal monies. 4.5 The Omnibus Drug Initiative Act requires the City to take appropriate disciplinary action within 30 days aFt-er receiving notice of an employee ' s conviction of a violation of a criminal drug statute occurring at the workplace. 4.5.1 The disciplinary action may include termination or require 0016 the employee to satisfactorily participate and complete a drug assistance or rehabilitation program. 4.5.2 • The action taken will be considered on a case-by-case basis and such decisions shall include the advice and counsel of the Personnel, Public Health and Law Departments. 4.6 Supervisors who suspect an employee is involved in some illegal drug related activity should notify departmental management and consult with the Personnel Director to determine what course of action will be taken. 4.7 All supervisory personnel should familiarize themselves with the City's "Employee Assistance Program Policy" (I- ) and the "Handling Intoxicated Employees at the Workplace" policy (F-11). 5.0 Appendix/LpEe nd ices: 5.1 Policy Regarding Controlled Substance Abuse. POLICY REGARDING CONTROLLED SUBSTANCE ABUSE It is the policy of the City of Fort Worth to provide employees with a • working environment that is free of the problems associated with the use and abuse of controlled substances. The use of controlled substances is inconsistent with the behavior expected of employees and subjects the City to unacceptable risks of workplace accidents or other failures that would undermine the City's ability to operate effectively and efficiently. The City considers employees who use such substances to be less reliable and stable and lacking in good judgment. Noncompliance with the policy set forth below will result in disciplinary action. I. The non-prescriptive use , sale, possession, distribution, dispensation, manufacture, or transfer of control-led substances on City property or other work sites where employees may be assigned or elsewhere during work hours is strictly prohibited. Further prohibited is the use, sale , possession, distribution, dispensation, manufacture, or transfer of controlled substances on non-working time to the extent such use impairs an employee's ability to perform his/her job or where such use , sale, possession, distribution, manufacture, or transfer affects the reputation of the City to the general public or threatens its integrity. Persons violating the City Policy will be subject to disciplinary 00,11 action, which may include termination for a first offense. 11. Employees who are convicted of controlled substances-related violations in the workplace under state or federal law or who plead guilty or nolo contendere to such charges must inform the Personnel Director/Department Head within five days of such conviction or plea. Failure to do so will result in disciplinary action, including termination from employment for a first offense. Employees convicted or pleading guilty or nolo contendere to such drug-related violations must successfully complete a drug abuse assistance or similar program as a condition of continued employment or reemployment. I have read and understand the foregoing Policy and agree to abide by its terms. Date Employee *"Controlled substances" is defined to mean those drugs listed in schedules I through V of section 202 of the federal Controlled Substances Act, 21 U.S.C. i 812, and includes, but is not limited to, marijuana, cocaine, (including "crack" and other cocaine derivatives), morphine, heroin, amphetamines, and barbiturates. When used in this policy, the term "drugs" means "controlled substances." The term does not include those* controlled substances used pursuant to and in accordance with a valid prescription.