217City Of Anaheim Administrative Regulation
CHAPTER 2 - EMPLOYMENT PROCEDURES
Subject: Drug Free Workplace A.R. 217
Issue Date: Sept. 11,1989
Revised:
Page (1) of (3)
Purpose:
The purpose of this administrative regulation is to explain the procedures and policies
established by the City of Anaheim to ensure compliance with the Drug Free Workplace
Act of 1988. The City and its employees are subject to the provisions of this Act since
Anaheim is a recipient of federal grant monies at the present time, and may be in the
future. Federal grant monies may be received for such purposes as redevelopment, police
projects, museum funding, housing projects, transportation projects, etc.
It is the policy of the City of Anaheim to provide a drug free workplace for all
employees. The manufacture, distribution, dispensation, possession, or use of a
controlled substance on City property or time is expressly prohibited. Any violation of
this policy shall be subject to disciplinary action, up to and including dismissal from
employment. Additionally, employees engaged in performing activities funded by a
federal grant are subject to specific requirements for reporting drug -related convictions
for activities occurring in the workplace or on City time.
The City recognizes the following objectives of the Drug Free Workplace Act of 1988:
To provide a drug -free workplace;
To require the City to certify compliance with the provisions of the law when
applying for federal grant monies;
To notify the appropriate federal agency of drug convictions for illegal activity in
the workplace by employees engaged in the performance of a federal grant;
To impose penalties such as the loss of federal funding on grant recipients who
fail to comply with the law.
Definitions:
Whenever the words "drug" or "controlled substance" (or any pluralization or other form
of such words) are used in this regulation, they shall mean those substances listed in
Schedules I through V of the Controlled Substances Act, 21 U.S.C. Section 812, as the
same may not exist or hereinafter be amended; except that lawful possession or use of
medications prescribed by the employee's licensed physician shall be excluded from the
meaning of such words.
City of Anaheim Administrative Regulation 217
Page (2) of (3)
Procedures:
The City prohibits the use of drugs in the workplace in order to provide a safer work
environment for employees, and to protect the public's safety and welfare.
The City provides an employee Assistance Program to educate about the help treat drug
problems, and offers health care plans that provide varying levels of coverage for drug
dependency treatment and/or counseling.
The City recognizes the need to maintain an attitude of assistance and treatment towards
employee problems; however, because of the serious problems the use of illegal
substances in the workplace causes to employee health and safety, and to that of the
general public, drug abuse in the workplace or on City time shall not be tolerated. Any
violation of this administrative regulation shall be subject to disciplinary action, up to and
including dismissal.
Within ten (10) days of receiving notice of any drug statute conviction for a violation
occurring in the workplace involving an employee engaged in the performance of a
federal grant, the city will notify the appropriate granting federal agency of the
conviction.
Within thirty (30) days of receiving notice of any drug statute conviction for a violation
occurring in the workplace involving an employee engaged in the performance of a
federal grant, the City will take appropriate disciplinary action, up to and including
termination, and/or requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program.
Responsibility:
Employee Responsibilities:
1. Employees shall come to work in appropriate mental and physical condition and are
absolutely prohibited from manufacturing, distributing, dispensing, possessing, or
using controlled substances on City premises or on City time.
2. Employees engaged in the performance of a federal grant are required to abide by
the terms of this administrative regulation, and to notify their Executive Manager of
any criminal drug statute conviction for a violation occurring in the workplace no
later than five (5) days after such conviction.
Administration Responsibilities:
1. The Human Resources Director is responsible for the general administration and
dissemination of this policy, and shall ensure that each employee is made aware of
the policy.
City of Anaheim Administrative Regulation 217
Page (3) of (3)
2. Each Executive Manager who is responsible for a grant or contract subject to the
provisions of the Drug Free Workplace Act of 1988 shall ensure that each
employee engaged in the performance of any work under the grant or contract is
informed of this policy and the consequences for violation of its provisions.
3. Each Executive Manager who is responsible for a grant or contract subject to the
provisions of the Drug Free Workplace Act of 1988 shall certify the City's
compliance with the Act to the appropriate granting agency and shall comply with
all reporting requirements of the Act.
Attachments: Attachment "A" Sample Notification To Employees Engaged
In the Performance Of A Grant
Attachment "B" Certification Regarding Drug -Free
Workplace Requirements
ATTACHMENT "A"
SAMPLE NOTIFICATION TO EMPLOYEES ENGAGED IN THE
PERFORMANCE OF A GRANT
Anaheim's Administrative Regulation 217 notifies you of the City's compliance with the
Drug -Free Workplace Act of 1988. You are being specially noticed in addition to this
Administrative Regulation since your position with the City of Anaheim directly engages
you in the performance of work funded partially or fully by federal grant monies. Under
the Act, employees so engaged in work funded by a grant must abide by the terms of the
policies set forth below and report any conviction under a criminal drug statute for
violations occurring in the Ci . workplace or while conducting City business.
Anaheim prohibits the unlawful manufacture, distribution, dispensing, possession or use
of a controlled substance in a City workplace or on City time. Any employee's violation
of this policy will result in action taken by the City to discipline that employee up to and
including termination and/or mandatory referral to a drug abuse treatment program. In
the case of a mandatory referral, the Drug -Free Workplace Act does not require that the
City pay for such treatment.
The procedures as set forth below apply only to drug abuse in the workplace or on City
time. In order to comply, you must:
If you are convicted of any federal or state criminal drug statute for a
violation occurring in the City workplace or on City time, you must report
such conviction to your supervisor no later than five (5) days after such
conviction. A conviction means you are found guilty (including please of
"nolo contendere") or imposition of sentence or both, by any judicial body
charged with the responsibility to determine violation of federal or state
drug laws.
2. The City, upon notification of the conviction, must notify the federal
agency supplying the grant monies within (10) days after receiving notice
from an employee or otherwise receiving actual notice of the conviction.
Within thirty (30) days of receiving notice of the conviction, the City will
take appropriate personnel action, up to and including dismissal and/or
requiring the convicted employee to participate in a drug abuse assistance
or rehabilitation program.
If you have any questions on the above -described procedure and/or policy, contact the
City's Human Resources Department. Anaheim thanks you for your cooperation with
this federal law.
I acknowledge receipt of this notice.
Attachment A to AR 217
ATTACHMENT "B"
CERTIFICATION REGARDING DRUG -FREE WORKPLACE
REQUIREMENTS
A. The grantee certifies that it will provide a drug -free workplace by:
1. Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a controlled substance
is prohibited in the grantee's workplace and specifying the actions that will be
taken against employees for violation of such prohibitions;
2. Establishing a drug -free awareness program to inform employees about ---
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug -free workplace;
(c) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace
3. Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by paragraph
1;
4. Notifying the employee in the statement required by paragraph 1 that, as a
condition of employment under the grant, the employee will ---
(a) Abide by the terms of the statement; and
(b) Notify the employer of any criminal drug statue conviction for a
violation occurring in the workplace no later than five (5) days
after such conviction.
5. Notifying the agency within ten (10) days after receiving notice under
subparagraph 4 (b) from an employee or otherwise receiving actual notice of such
conviction;
6. Taking one of the following actions, within thirty (30) days of receiving
notice under subparagraph 4 (b), with respect to any employee who is so
convicted ---
(a) Taking appropriate personnel action against such an employee, up
to and including dismissal; or
(b) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency.
7. Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs 1, 2, 3, 4, 5 and 6.
B. The grantee shall insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant:
Place of performance (street address, city, county, state, zip code)
Attachment B to AR 217