§ 2-8.1.2. Drug-free workplace requirements for contractors and entities transacting business with Miami-Dade County.
(a)
Legislative findings and purpose. The County Commission recognizes that substance abuse is a complex societal problem that continues to threaten the welfare of our residents and community as a whole. The Commission considers substance abuse on the job to be an unsafe and counterproductive work practice. A substance abusing employee is absent from the workplace four (4) to five (5) times more often, has three (3) times more accidents and four (4) times more hospitalization costs than a nonabusing employee. Consistent with its policy to promote a safe work environment and encourage personal health for all Miami-Dade Countians, the Commission finds it necessary to combat substance abuse in the workplace by promoting education and awareness. Consistent with the Drug Free Workplace Act of 1988 and with the drug-free workplace requirements applicable to workplaces of County employees, the County Commission wishes to adopt the following drug-free workplace requirements for persons and entities contracting or conducting business transactions with any agency or instrumentality of Miami-Dade County, including the Public Health Trust. The ultimate goal of this policy is to balance the respect for individual privacy with the need to keep a safe, productive, and drug-free workplace.
(b)
Condition of award. No person or entity shall be awarded or receive a County contract for public improvements, procurement of goods or services (including professional services) or a County lease, franchise, concession or management agreement, or shall receive a grant of County monies unless such person or entity make it a condition of award that it will provide a drug-free workplace by:
(1)
Providing a written statement to each employee notifying such employee that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance as defined by Section 893.02(4) Florida Statutes, as the same may be amended from time to time, in the person's or entity's workplace is prohibited and specifying the actions that will be taken against employees for violation of such prohibition. Such written statement shall inform employees about:
(i)
The dangers of drug abuse in the workplace;
(ii)
The person's or entity's policy of maintaining a drug-free environment at all its workplaces, including but not limited to all locations where employees perform any task relating to any portion of such contract, business transaction or grant;
(iii)
Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv)
The penalties that may be imposed upon employees for drug abuse violations.
(2)
Requiring the employee to sign a copy of such written statement to acknowledge his or her receipt of same and advice as to the specifics of such policy. Such person or entity shall retain the statements signed by its employees. Such person or entity shall also post in a prominent place at all of its workplaces a written statement of its policy containing the foregoing elements (i) through (iv);
(3)
Notifying the employee in the statement required by subsection (1), that as a condition of employment the employee will:
(i)
Abide by the terms of the statement; and
(ii)
Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such a conviction;
(4)
Notifying the County within ten (10) days after receiving notice under subsection (3) from an employee or otherwise receiving actual notice of such conviction;
(5)
Imposing appropriate personnel action against such employee up to and including termination; or requiring such employee to satisfactorily participate 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;
(6)
Making a good faith effort to continue to maintain a drug-free workplace through implementation of sections (1) through (5) of this subsection.
(c)
Suspension of payments or termination. Each such contract, grant or business transaction shall provide for suspension of payments, or termination, or both, if the contracting officer or the County Manager determines that:
(1)
Such person or entity has made false certification under section (1) of subsection (b);
(2)
Such person or entity violates such certification by failing to carry out the requirements of sections (1), (2), (3), (4), (5), or (6) of subsection (b); or
(3)
Such a number of employees of such person or entity have been convicted of violations occurring in the workplace as to indicate that such person or entity has failed to make a good faith effort to provide a drug-free workplace as required by subsection (b).
Failure to comply with this policy may result in debarment for those persons or entities who knowingly violate this policy or falsify information.
(d)
Applicability.
(1)
The provisions of this section shall not apply to contracts or business transactions which have been advertised, or to grants which have been approved prior to the effective date of this section [Ordinance No. 92-15].
(2)
The provisions of this section shall not apply if the special characteristics of the product or service offered by a firm make it necessary for the operation of the County; or for the health, safety, welfare, economic benefits or well being of the public. In those instances, the County Manager shall, within thirty (30) days, report to the Board of County Commissioners the circumstances of such waivers in writing. The County Manager or his designee shall develop administrative procedures to implement this report.
(3)
Contracts involving funding which is provided, in whole or in part, by the United States or the State of Florida shall be exempted from the provisions of those instances where restrictions provided herein are in conflict with the requirements of these governmental entities.
(4)
Miami-Dade County agencies and instrumentalities with the independent power to contract, such as the Public Health Trust, shall adopt rules and procedures implementing this Section. For the purposes of such rules and procedures, where this section provides the Board of County Commissioners with implementing authority, the Board of Trustees shall exercise such authority, and where this section provides the County Manager with authority, the President or Executive Director shall exercise such authority.
(e)
Substantial compliance. Notwithstanding any provision of this section, where a person or entity is required to have a drug-free workplace policy by another local, state or federal agency, or maintains such a policy of its own accord and such policy meets the intent of this ordinance, the Procurement Management Division Director may waive the requirements of this section.
(Ord. No. 92-15, § 1, 3-17-92; Ord. No. 93-113, § 1, 10-19-93; Ord. No. 00-30, § 3, 2-24-00; Ord. No. 06-60, § 1, 5-9-06)