Chapter 3.60
DRUG-FREE WORKPLACE POLICY
Sections:
3.60.010 Findings.
3.60.020 Definitions.
3.60.030 Regulations – Exceptions.
3.60.040 Penalties.
3.60.050 Treatment program.
3.60.060 Training program.
3.60.070 Awareness program.
3.60.080 Contractors – Grant recipients.
3.60.090 Employee notice of policy.
3.60.010 Findings.
(a) County government is obligated to provide the citizens and employees of Kitsap County with an alcohol-free and drug-free, healthful, safe and efficient workplace.
(b) Kitsap County acknowledges the right of personal privacy, that each employee has to choose the type of private lifestyle one sees fit to lead.
(c) Kitsap County also recognizes that on-the-job and off-the-job use of alcohol and drugs can adversely affect job performance and the work environment, including posing a hazard to the safety and welfare of the affected employee, other employees or the public. This policy is aimed at both the direct and indirect impact of alcohol and drug abuse.
(d) Kitsap County elects its employees to report to work free from drug and/or alcohol impairment and to remain at work in a condition that enables them to perform their job duties in a safe, efficient, legal and professional manner.
(e) Kitsap County recognizes that alcohol and drug abuse are conditions that can be successfully treated.
(f) Kitsap County recognizes that its employees are its most important resource.
(g) Kitsap County encourages any of its employees who may have an alcohol and/or drug abuse problem to voluntarily seek evaluation, professional counseling or other appropriate treatment services certified by the Division of Alcohol and Substance Abuse, Washington State Department of Social and Health Services, that will lead to successful rehabilitation.
(h) Kitsap County will provide to its employees a confidential program for alcohol and drug treatment and rehabilitation through the county’s health insurance carriers.
(Res. 237-1991 § 1, 1991)
3.60.020 Definitions.
(a) “Alcohol and/or other drug abuse” means a condition in which the use of alcohol and drugs impairs the employee’s job performance.
(b) “Controlled substances” means those substances whose dissemination is regulated by law including, but not limited to, opiates, narcotics, depressants, stimulants, hallucinogens, cannabis and alcohol. This definition includes both prescription and over-the-counter medications.
(c) “Conviction” means an adjudication that includes a verdict of guilty by a jury, a finding of guilt by a judge or acceptance by a judge of a plea of guilty (including a plea of nolo contendere) in either federal or state courts.
(d) “Drug” means any substance which impairs an employee’s ability to perform job duties in any of the following ways: safely, efficiently, legally and/or professionally.
(e) “Impairs/impaired” means behavior which may limit the employee’s ability to perform job duties in any of the following ways which are commonly expected of all Kitsap County employees:
(1) Efficiently,
(2) Safely,
(3) Legally,
(4) Professionally.
(f) “Workplace” means any structure or portion thereof owned, leased, or rented and operated by, or under the authority of Kitsap County, including motor vehicles.
(Res. 237-1991 § 2, 1991)
3.60.030 Regulations – Exceptions.
(a) Condition of Employees. No person employed by Kitsap County shall report to work impaired by alcohol and/or drugs nor shall any Kitsap County employee remain at work while in an impaired condition.
(b) Possession or Use of Controlled Substances. The possession, use, manufacture, distribution, transfer or offering for sale of controlled substances, including alcoholic beverages, at the workplace is prohibited.
(c) Exception. The possession and use of medically prescribed or over-the-counter drugs during working hours is permissible. Employees shall have no obligation to inform their supervisors of such usage unless the prescribed or over-the-counter drug may prevent the employee from performing his or her job safely or effectively. Drugs must be prescribed for the specific use of the employee by a licensed physician.
(Res. 237-1991 § 3, 1991)
3.60.040 Penalties.
Violations of Section 3.60.030 by any employee may result in a referral for mandatory evaluation and satisfactory participation in and completion of the treatment program recommended in the evaluation report for alcohol and/or drug abuse, or may be cause for disciplinary action pursuant to any applicable collective bargaining agreement or county personnel policies, up to and including discharge from employment.
(Res. 237-1991 § 4, 1991)
3.60.050 Treatment program.
(a) Individuals. Any employee who may have an alcohol and/or drug abuse problem is expected to voluntarily seek evaluation, professional counseling and appropriate treatment services certified by the Division of Alcohol and Substance Abuse, Washington State Department of Social and Health Services. Any requests for assistance made to the Kitsap County department of personnel and human services will be treated confidentially. Kitsap County will extend the same consideration and assistance, including insurance and sick leave benefits, to those employees suffering from alcohol and/or drug abuse as is extended to employees having any other condition. The department will provide assistance in locating appropriate agencies to address the problem of alcohol and/or drug abuse.
(b) Supervisors. Supervisors concerned that an employee may have an alcohol and/or drug abuse problem may confidentially request assistance from the Kitsap County department of personnel and human services.
(c) Co-workers. Co-workers concerned that a fellow employee may have an alcohol and/or drug abuse problem may confidentially request assistance from their immediate supervisor unless the immediate supervisor is the person of concern. In that instance, employees shall take their concerns to the next highest supervisory level.
(d) No Special Privileges. This policy will not result in any specific privileges or exemptions being granted, nor will it release any employee from the responsibility of meeting acceptable job performance standards.
(Res. 237-1991 § 5, 1991)
3.60.060 Training program.
Training will be made available to supervisory personnel to enable them to accurately identify employee alcohol and/or drug abuse and to assist those employees in obtaining an evaluation, professional counseling and appropriate certified treatment services that will rehabilitate them.
(Res. 237-1991 § 6, 1991)
3.60.070 Awareness program.
An alcohol-free and drug-free awareness program shall be developed to inform employees about:
(1) The dangers of alcohol and drug abuse in the workplace;
(2) Kitsap County’s policy of maintaining an alcohol-free and drug-free workplace;
(3) The availability of certified alcohol and drug abuse counseling, rehabilitation and employee assistance programs to combat alcohol and/or drug abuse;
(4) The penalties that may be imposed upon employees for alcohol and/or drug abuse violations occurring in the workplace; and
(5) The effect of alcohol and/or drug abuse on individuals and families.
(Res. 237-1991 § 7, 1991)
3.60.080 Contractors – Grant recipients.
(a) Conditions of Employment. Pursuant to the Drug-Free Workplace Act of 1988, any employee involved with the federal government by working in a program receiving direct federal contracts of twenty-five thousand dollars or more or receiving direct federal grants of any amount is notified that as a condition of employment, the employee shall:
(1) Abide with the Kitsap County drug-free workplace policy; and
(2) Notify the director of the Kitsap County department of personnel and human services in writing of any criminal drug statute conviction for a criminal violation occurring in the workplace no later than five days after such conviction.
(b) Elected Officials/Department Head Duties. Elected officials/department heads who directly receive federal funds as specified in subsection (a) of this section shall be responsible for notifying all department employees that they are subject to the provisions of the Federal Drug-free Workplace Act of 1988 and the related provisions of this policy. The elected official/department head shall also be responsible for ensuring that all department employees read and understand the related provisions of this policy and for providing all new employees, regular, part-time and temporary employees, with a copy of this resolution.
(Res. 237-1991 § 8, 1991)
3.60.090 Employee notice of policy.
Each regular, part-time or temporary employee of Kitsap County shall receive a written copy of this resolution, the Kitsap County Alcohol and Drug Policy.
(Res. 237-1991 § 9, 1991)