Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter GG. POLICY ON SUBSTANCE ABUSE
IN THE WORKPLACE


Sec.


7.451.    Prohibited acts.
7.452.    Disciplinary action.
7.453.    Notification of conviction.
7.454.    Rehabilitation program.
7.455.    Self disclosure.
7.456.    Educational training programs.
7.457.    Dissemination of information.
7.458.    Office of Administration duties.
7.459.    Rescission.

Source

   The provisions of this Subchapter GG adopted by Executive Order No. 1989-6, dated July 18, 1989, effective March, 1989, 19 Pa.B. 4054; amended by Executive Order No. 1989-6, dated June 14, 1991, effective June 14, 1991, 21 Pa.B. 3134; amended by Executive Order No. 1996-13, dated December 20, 1996, 27 Pa.B. 1005, unless otherwise noted. Immediately preceding text appears at serial pages (198554) to (198556).

§ 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.

§ 7.459. Rescission.

 Executive Order 1989-6, Commonwealth of Pennsylvania’s Policy on Substance Abuse in the Workplace, is rescinded.



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