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Legal Drugs <br />a) It will be the responsibility of any employee using a potentially impairing <br />legal drug, required for medical treatment or therapy, to inquire of their <br />physician as to the effect that such a drug may have upon the employee's <br />ability to perform his or her job functions. <br />Prior to the performance of City business, the employee must report to <br />their supervisor the use of any legal drug that has been determined by the <br />employee's physician to be potentially impairing. The supervisor who is <br />so informed will contact the City's Human Resources Manager for <br />guidance. <br />b) The undisclosed use of any potentially impairing legal drug by any <br />employee while performing City business or while on City premises is <br />prohibited. <br />However, an employee may continue to work, even though using a <br />potentially impairing legal drug if City management has determined, after <br />consulting with the City's contracted health officials, that such use does <br />not pose a threat to safety and that the using employee's job performance <br />will not be significantly affected. Otherwise, the employee may be <br />required to utilize the Family Medical Leave Act (FMLA), take a leave of <br />absence, or comply with other appropriate action as determined by City <br />management. <br />C) The City at all times reserves the right to judge the effect that a potentially <br />impairing legal drug may have upon work performance and to restrict the <br />using employee's work activity or presence at the workplace accordingly. <br />4.06 Discipline <br />• Any employee who possesses or uses illegal drugs on City premises or while on <br />City business will be subject to discipline up to and including discharge without <br />benefit of re -hire, or disbarment from the workplace. The City also reserves the <br />right to report any violation of this policy to applicable law enforcement agencies. <br />• Any employee who is found to be in possession of drug paraphernalia or other <br />contraband items in violation of this policy will be subject to discipline up to and <br />including discharge without benefit of re -hire, or disbarment from the workplace. <br />The City also reserves the right to report any violation of this policy to applicable <br />law enforcement agencies. <br />• Any employee who distributes, sells, attempts to sell, attempts to purchase, or <br />transfers illegal drugs on City premises or while on City business will be subject <br />to discipline up to and including discharge without benefit of re -hire, or <br />disbarment from the workplace. The City also reserves the right to report any <br />violation of this policy to applicable law enforcement agencies. <br />• Any employee who is found through drug testing to have in his or her body <br />system a detectable amount of an illegal drug will be subject to discipline up to <br />and including discharge without benefit of re -hire, or disbarment from the <br />27 <br />