I make no promises that your employer will accept aby of these changes, but here's what I'd shoot for:
14.9.1 Under the Health and Safety in Employment Act 1992, the employer has a legal duty to ensure the safety of employees while at work. It is the view of the employer that any use of non-prescribed drugs, stimulants and alcohol by the employee is a workplace hazard, not only for the employee but also for any other person in the workplace. Accordingly, the employer reserves the right to order the employee to submit to testing for non-prescribed drugs, stimulants and alcohol where the use of such is reasonably suspected; provided, however that the employee shall be protected from any adverse action taken on the basis of such a test unless there is reasonably evidence demonstrating that either (i) employee used such non-prescribed drugs, stimulants or alcohol while at work or (ii) that such use impaired the employee's ability to safely perform the terms of his employement under this agreement.
N.B. This screams "I'm doing drugs!" I wouldn't submit it unless you are very sure that the employer will be sympathetic to your marijuana use, or if you kno the employer tests regularly anyway. The truth is the clause, as written, partially protects you by requiring that the search be "reasonable."
You might consider simply enhancing the word "reasonable" as follows:
14.9.1 Under the Health and Safety in Employment Act 1992, the employer has a legal duty to ensure the safety of employees while at work. It is the view of the employer that any use of non-prescribed drugs, stimulants and alcohol by the employee is a workplace hazard, not only for the employee but also for any other person in the workplace. Accordingly, the employer reserves the right to order the employee to submit to testing for non-prescribed drugs, stimulants and alcohol where the use of such is reasonably suspected; provided, however that for the purpose of preceding sentence, the term "reasonably suspected" shall mean that the employer or its employees or agents shall observe the employee engaging in behavior on the job site that, in the good faith opinion of the employer, represents a potential risk to the safety of the employee or others.
In that formulation, the "reasonable" searches will be limited to his seeing you "high", not merely his overhearing from you or gossip from others that you like marijuana. This too is a little risky, but you could play this language off as "I don't like the invasion of privacy" a bit easier than you could the previous language. (Though the previous language is much stronger.)
Personally, I think there is a strong risk that you won't get the job if you submit *either* change, but that choice is yours.
18.1 The employee is not authorised to speak to the media on behalf of the employer and shall not make any statements to the media concerning the employer or the business, without the express permission of the employer. Any enquiries from the media concerning any matter are to be referred without comment to the employer.
Here, you are probably okay, so long as the contract has a termination clause (and probably if it doesn't). I have no idea whose contract law controls (and I'm probably not an expert in that state's laws anyway) but usually once you are fired the contract terminates and its obligations are lifted
unless the terms of the contract specifically say otherwise.
If you want to go with an abundance of caution, I'd add this language to the end of the contract (if it's not already there somewhere):
[Section #] Effect of Termination. In the event this contract shall cease to be effective due to its termination in accordance with its terms, or as otherwise terminated in accordance with applicable law, no obligation imposed on the employer or employee shall survive such termination, save (i) the obligation of the employer to pay to the employee any amounts owed hereunder and earned by the employee on or prior to the date of termination or otherwise owed to employee and (ii) such obligations listed herein as may expressly survive such termination.
Putting it in its own section hides the fact that it's 18.1 that you are really concerned about. You ill have to read the contract again those to make sure that there are no provisions (other than the obligation to pay you listed in clause (i)) that you
want to survive termination. You should also check to see if there already is a termination provision, which may have something similar already.
20.3 - intellectual property Any trademark, goodwill, patent, design or copyright work procedure, process, formula, method of production, invention or other discovery created by the employee during the employee's employment shall remain the property of the employer; provided, that this Section 20.3 shall not be applicable to any such trademark, goodwill, patent, design or copyright work procedure, process, formula, method of production, invention or other discovery created by the employee during any period of free time in which the employee is not required to be engaged in such employment in accordance with the terms of this agreement.
There is probably a more artful way to word that, but not knowing who the contract designated "the time in which you are required to work," I had to insert something generic that a jury could understand.
