MCLT Drug-Free Workplace Policy

The following resolution was adopted by the Board of Directors on September 26, 2002, as an official policy of the Maui Coastal Land Trust.

RESOLUTION:

I.. Drug-Free Workplace Certification

MCLT complies with the Drug-Free Workplace Act of 1988. The use of controlled substances is inconsistent with the behavior expected of employees, subjects all MCLT employees and visitors to unacceptable safety risks, and undermines MCLT's ability to operate effectively and efficiently.

MCLT policy prohibits the unlawful manufacture, distribution, dispensation, possession, sale, or use of controlled substance in the workplace or while engaged in MCLT business off-site. Such conduct is also prohibited during non-working time to the extent that it may impair your ability to perform on the job, compromise the safety of other employees, or threaten the reputation or integrity of MCLT.

Employees convicted of controlled substance-related violations (including pleas of nolo contendere, i.e. no contest) must inform MCLT within five days of such conviction or plea. Within 30 days of notification of conviction by an employee, MCLT will take disciplinary action which may include termination. At MCLT's discretion, this disciplinary action may require employees to successfully complete, at the employee's cost, drug-abuse assistance or a rehabilitation program as a condition of continued employment. Acceptable programs will only be those, which have been approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency.

For the purpose of the MCLT drug free workplace policy, the following definitions, extracted from the U.S. Code of Federal Regulations apply:

"Controlled substance" means a controlled substance as used in Schedule I through V of Section 202 of the Controlled Substances Act (21 U.S.C.F.A. 812) as further defined in regulation at 21 CFR 1308.11-1308.15.

"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence or both by a judicial body charged with the responsibility to determine violation of the Federal or State criminal drug statutes.

MCLT also recognizes that alcohol use and abuse may produce the same, unacceptable results. Employees who appear to be in an impaired condition on the job may be removed from the workplace, or disciplined up to and including termination, depending on the circumstances.