I. PURPOSE
The purpose of this policy is to establish uniform guidelines in accordance with the required provisions of the Drug-Free Workplace Act of 1988.

II. POLICY STATEMENT
It is the policy of the Pocahontas County Health Department to ensure that its workplaces are free of illegal drugs and controlled substances by prohibiting the use, possession, purchase, distribution, sale or presence in the body system, without medical authorization, of illegal or controlled substances. This is applicable while employees are engaged in any work-related activity, which includes performance of agency business during regularly scheduled workdays, meal breaks and/or social occasions having a connection with the job or agency. The unlawful possession, use, manufacture, distribution, or dispensation of alcohol and/or a controlled substance; the reporting to work under the influence of a controlled substance or alcohol; the presence of a nomadically prescribed controlled substance or alcohol in the body system; or possession of drug paraphernalia are all prohibited in the work place.

Possession and/or distribution of a controlled substance will be dealt with promptly in accordance with legal and administrative disciplinary procedures. Employees who are in violation of the provisions of the Drug-Free Workplace Act shall be subject to disciplinary action up to and including termination, and may be required to participate in a drug rehabilitation or assistance program. State agencies that are contractors or grantees of federal contract or grants amounting to at least $25,000 are subject to suspension of payments and termination of the contract or grant for violations of any of the requirements of a Drug-Free Workplace if they make a false initial certification, or if the number of drug - related convictions of employees indicates that the employer hasn't made a good faith effort to maintain a Drug-Free Workplace.

The policy's primary goal is to ensure that illegal drug use is eliminated and that the Pocahontas County Health Department's Workplace is safe, healthful, productive, and secure for its employees and citizens.
As a condition of employment with the Pocahontas County Health Department employees shall:
§ Abide by the terms of this policy
§ Notify their supervisor or department head of any criminal drug statute conviction for a violation occurring in the workplace, no later that five (5) day after such conviction; and
§ Sign the "Employee Drug Awareness Certification Form"

III. COVERAGE
This policy shall cover employees of the Pocahontas County Health Department including executive, administrative, classified, non-classified, exempt, and temporary employees.

IV. DEFINITIONS
1) "Drug -Free Workplace" means a worksite where work is performed in connection with the employee's State employment. The "Workplace" shall include facilities, property, buildings, offices, structures, automobiles, trucks, trailers, other vehicles and parking areas, whether owned or leased by the agency or entity.
2) "Employee" means any person who works full-time, part time, or under contract, including management or temporary staff who are directly engaged in the performance of work pursuant to the mission of the Department.
3) "Controlled Substance" means a federally regulated substance listed in Exhibit A and/or Schedule I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812) and WV Code 60A-2-201, et seq., (which may be amended from time to time), that when taken into the body, may impair one's mental faculties and/or physical performance
4) "Conviction" means a finding of guilty (including a plea of nolo contendere), or the imposition of a sentence, or both, by any judicial body charged with the responsibility to determine violation of the Federal or State Criminal Drug Statutes.
5) "Criminal Drug Statute" means a criminal statute involving the manufacture, distribution, dispensation, use or possession of any controlled substance.
6) "Grantee" means any department, division, unit or any person responsible for the performance of work under the provision of a federal grant.
7) "Contractor" means any department, division, unit, or any person responsible for the performance of work under a contract.
8) "Federal Agency" means an agency as that term defined in Section 552 (f) of Title IV, United States Code.
9) "Alcohol" includes alcoholic beverages and any other intoxication liquid that contains alcohol.
10) "Legal Drug" includes prescribed drugs and over-the-counter drugs that have been legally obtained and are being used solely for the purpose for which they were prescribed by a physician or manufactured.
11) "Illegal Drug" included any drug that is not legally obtained and is being used in a manner or for a purpose other than as prescribed.

V. RESPONSIBILITY
It shall be the responsibility of Pocahontas County Health Department to:
- Post the Drug-Free Workplace Policy in a Central Location
- Distribute a copy of the policy to every employee
- Include a copy of the policy in every new employee's orientation packet
- Maintain the signed "Employee Drug Awareness Certification Form" in the employee's personal file
- Enforce the policy and take appropriate personnel action against employees who are convicted or violate the policy within thirty (30) days from the date of the conviction or violation.

AUTHORITY:
Federal Register, Vol. 54, NO. 19
Title V-D Public Law 100-690
WV Code 60-A-201 et seq., and in federal statues