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As an employer that regularly contracts with the government for projects, Visu-Sewer is <br />required to maintain a drug-free workplace by meeting specific requirements of the Act and <br />regulations. Visu-Sewer will constantly make a good faith effort to keep the workplace drug <br />free and comply with the requirements. Requirements of the Act have been met in the <br />implementation of Visu-Sewer's policies and procedures published and outlined in this <br />Policy. <br />ln addition, Visu-Sewer's employees must abide by the Policy established and published <br />by Visu-Sewer. Employees are required to notify Visu-Sewer if they are convicted of a <br />criminal drug offense occurring in the workplace (including misdemeanors for a violation <br />occurring on company property or during working time) within five (5) days after conviction <br />A conviction includes any finding of guilty (including one agreed to by the employee) or <br />plea of no contest or impositions of a fine, jail sentence, or other penalty. <br />Visu-Sewer must notify the government contracting agency, or grant agency, of all criminal <br />convictions of employees, and do so within ten (10) days of learning of the conviction. <br />Visu-Sewer is required to take disciplinary action against employees convicted of criminal <br />drug activity. Those actions may range up to and include termination of employment <br />and/or require mandatory participation in a treatment program. Disciplinary action must <br />take place within thirty (30) days after Visu-Sewer becomes informed of a conviction. The <br />satisfactory participation in a drug abuse assistance or rehabilitation program must occur <br />within 30 calendar days. The program must be approved for such purpose by a federal, <br />state or local health, law enforcement or other appropriate agency. <br />The Drug Free Workplace Act does not require testing of employees to determine use of <br />illegal drugs. Some government agencies, such as the Department of Transportation, <br />require employee testing. <br />The Americans with Disability Act <br />The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against those <br />who have a drug or alcohol addiction or are perceived as having had a drug or alcohol <br />problem or addiction. lndividuals currently engaging in the illegal use of drugs are <br />excluded from protection as aqualified individuals with disabilitiesG under the Act. <br />lndividuals may be denied employment or may be terminated for current drug use because <br />they are using an illegal substance which excludes them from protection under the ADA. <br />Alcoholics, in contrast, may not be denied employment or terminated as a result of their <br />use of a legal substance. Employers may engage in drug testing prior to an offer of <br />employment, since the ADA specifically provides that drug tests are not medical <br />examinations. Alcoholics are only denied protection under the ADA when their use of <br />alcohol impairs their ability to perform their required job duties. The ADA specifically <br />provides that employers may require alcoholics to meet the same qualification and <br />performance standard that are applied to other employees. Alcoholics will not be excluded <br />from protection under the ADA for current alcohol use, but can be subject to discipline for <br />unsatisfactory conduct regardless of whether such conduct resulted from the individual's <br />alcoholism. <br />15