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PA Bulletin, Doc. No. 97-294

THE GOVERNOR

[4 PA. CODE CH. 7]

[EXECUTIVE ORDER NO. 1996-13]

[27 Pa.B. 1005]

Policy on Substance Abuse in the Workplace

December 20, 1996

   Whereas, illegal or inappropriate use of alcohol and other controlled substances by Commonwealth employes impairs the efficiency and effectiveness of the workforce, compromises public health and safety, and undermines attainment of the missions of government agencies, thereby increasing the operating costs of State government; and

   Whereas, the Commonwealth is concerned with the well-being of its employes and the general public, attainment of agency missions, maintenance of employe productivity, and safe work environments; and

   Whereas, as the State's largest employer, the Commonwealth should promote a model workplace substance abuse policy to foster the development of drug-free workplaces and encourage creation and use of employe assistance programs.

   Now, Therefore, I, Thomas J. Ridge, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby establish the following policies:

Annex A

PART I.  GOVERNOR'S OFFICE

CHAPTER 7.  MISCELLANEOUS PROVISIONS

Subchapter GG.  POLICY ON SUBSTANCE ABUSE IN THE WORKPLACE

§ 7.451.  Prohibited acts.

   The unlawful manufacture, distribution, dispensation, possession or use of alcohol and other controlled substances by a State employe, either while on duty or in any Commonwealth workplace, is prohibited. This conduct shall subject the employe to appropriate disciplinary action.

§ 7.452.  Disciplinary action.

   An employe determined to be unfit either while on duty, or in a Commonwealth workplace, as a result of alcohol or other controlled substances shall be subject to appropriate disciplinary action.

§ 7.453.  Notification of conviction.

   An employe who is convicted of violating a statute governing the unlawful manufacture, distribution, dispensation, possession or use of alcohol or other controlled substances in a Commonwealth workplace shall notify his supervisor of the conviction, in writing, no later than 5 days after the conviction. A conviction means a finding of guilt (including a plea of nolo contendere, disposition in lieu of trial, probation without verdict or accelerated rehabilitative disposition) or imposition of sentence, or both, by any judicial body charged with responsibility to determine violations of the Federal or State criminal drug statutes.

§ 7.454.  Rehabilitation program.

   An employe convicted of drug abuse violations occurring in the workplace shall satisfactorily participate in the State Employe Assistance Program or other rehabilitation program approved for those purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. Any employe convicted of drug abuse violations occurring in the workplace who refuses to participate in the State Employe Assistance Program shall be subject to appropriate disciplinary action.

§ 7.455.  Self disclosure.

   An employe who has self disclosed a problem with alcohol or other drugs shall be advised to contact the State Employe Assistance Program for assistance.

§ 7.456.  Education and training programs.

   Education and training about the inappropriate use of alcohol and other controlled substances are important components of this policy. The Office of Administration shall provide for and initiate these education and training programs in State agencies. Education and training programs shall be consistent with this subchapter, Management Directives 505.22, State Employe Assistance Program and 505.25, Substance Abuse in the Workplace and Subchapter K (relatingn to code of conduct for appointed officials and State employes).

§ 7.457.  Dissemination of information.

   The Office of Administration is responsible for assuring that the Commonwealth's Policy on Substance Abuse in the Workplace and information about the State Employe Assistance Program are furnished to all employes.

§ 7.458.  Office of Administration duties.

   The Office of Administration shall:

   (1)  Monitor and review the implementation of this policy and assure compliance with State and Federal statutes and regulations.

   (2)  Coordinate the implementation and revision of this subchapter with representatives of State labor organizations.

§ 7.456.  Rescission.

   Executive Order 1989-6, Commonwealth of Pennsylvania's Policy on Substance Abuse in the Workplace, is rescinded.

§ 7.457.  (Reserved).


Governor

   Fiscal Note:  GOV 97-5. No fiscal impact; (8) recommends adoption.

[Pa.B. Doc. No. 97-294. Filed for public inspection February 28, 1997, 9:00 a.m.]


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