San Francisco County Municipal Code Art. 52 Drug Free Workplace Ordinance

*Editor’s Note: Former Police Code Article 40 (“Drug Free Workplace Ordinance”) was redesignated as Labor and Employment Code Article 52 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.

This ordinance shall be known as the San Francisco Drug Free Workplace Ordinance. (Added as Police Code Sec. 4001 by Ord. 339-89, App. 9/28/89; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

The San Francisco Board of Supervisors finds as follows:

(a) Drug abuse in the United States has become a national health and economic problem. As much as $100 billion a year may be diverted from legitimate businesses to buy illegal drugs, while the costs to individual companies usually exceeds 2.5 percent of payroll. (b) Law enforcement focuses on reducing the supply of illegal drugs. However, to reduce effectively the abuse of drugs the demand for such drugs must be reduced. (c) If employers persuade a major portion of the nation’s drug users to abandon drug use for the sake of retaining their jobs, they will undercut the economic base of the drug business. Accordingly, it is important that there be a corporate response to drug use in the workplace. (d) It is the intent of the Board of Supervisors that the San Francisco Drug Free Workplace Ordinance be a first step in reducing the use of drugs in the workplace. (Added as Police Code Sec. 4002 by Ord. 339-89, App. 9/28/89; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) “Employee” means any person working for salary or wages within the City and County of San Francisco except that “employee” shall not include individuals providing child-care or other personal services in one’s home. (b) “Employer” means any individual, firm, corporation, partnership or other organization or group of persons however organized, located within the City and County of San Francisco, that employs employees for salary or wages. “Employer” shall not include the United States of America, the State of California or other governmental agency whose workplace policies the City and County of San Francisco may not regulate. (Added as Police Code Sec. 4003 by Ord. 339-89, App. 9/28/89; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

WELFARE. In undertaking the adoption and enforcement of this ordinance, the City and County is assuming an undertaking only to promote the general welfare. It is not assuming nor is it imposing on its officers and employees an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added as Police Code Sec. 4005 by Ord. 339-89, App. 9/28/89; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

In adopting this Article, the Board of Supervisors does not intend to regulate or affect the rights or authority of an employer to do those things that are required, directed, or expressly authorized by federal or state law. Further, in adopting this Article, the Board of Supervisors does not intend to prohibit that which is prohibited by federal or state law. (Added as Police Code Sec. 4006 by Ord. 339-89, App. 9/28/89; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

If any part or provision of this Article, or the application thereof to any person or circumstance, is held invalid, the remainder of this Article, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Article are severable. (Added as Police Code Sec. 4007 by Ord. 339-89, App. 9/28/89; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)