§ 34-35. Specific guidelines on policy administration and implementation.

(a)

Prohibited acts. Listed below are acts or actions which are expressly prohibited under the regulations of the alcohol and controlled substance policy of the county:

(1)

The use or possession of alcohol or any controlled substance while on work time or work premises.

(2)

The sale, distribution or provision of alcohol or any controlled substance while on work time or work premises.

(3)

Reporting to work, or working, while intoxicated or otherwise impaired by alcohol or controlled substance use.

(4)

Alcohol or controlled substance-related off-duty conduct that tends to undermine the reputation, authority, safety or efficiency of the county or its citizens.

(5)

The use or possession of prescribed narcotics or dangerous substances while on work premises, or while working, unless:

a.

The prescribing physician has been notified of the duties involved with the employee's position, and has approved the use of the drug while that employee is performing those duties; and

b.

The employee's immediate supervisor has been notified in writing by the employee that he is using a prescription drug and that the employee's physician has approved the use of the drug while the employee is at work.

(6)

Arrest or conviction (including a plead of nolo contendere) for a violation of any criminal drug statute of any jurisdiction (federal or state) regardless of whether the alleged violation occurred at the work place or elsewhere.

(7)

Failure to comply with any provision of this article as now or hereafter amended.

(b)

Implementing the alcohol and controlled substance policy.

(1)

The basic idea behind the county's alcohol and controlled substance policy is that employee alcohol and controlled substance abuse can be prevented by supplying the employees with information about the problems alcohol and controlled substances can create. The awareness program is subdivided into two sections, an employee education section to include all county employees and a supervisor training section.

(2)

The board of commissioners may contract with an employee awareness program firm to provide the instruction and materials for the two sections. In choosing an awareness program service, the county will determine that:

a.

The firm is accredited;

b.

It regularly provides awareness program services;

c.

It is willing to provide the names of other corporate or municipal clients as references; and

d.

The institution would be willing to establish an alcohol and controlled substance treatment relationship with the county.

(3)

For the employee education section, the alcohol and controlled substance awareness service that is selected will provide:

a.

Educational seminars;

b.

Questionnaires at both the start and completion of the program (to chart any belief/knowledge changes);

c.

Audiovisual programs;

d.

Group discussions;

e.

A presentation of what a treatment program is, what it does and how to take advantage of one; and

f.

A description and discussion of the board of commissioners of the alcohol and controlled substance policy.

(4)

The supervisor training section will focus on the important role supervisors have in preventing alcohol and controlled substance abuse. The program will include:

a.

Instruction in identifying warning signs of alcohol and controlled substance abuse by employees;

b.

Role playing scenarios;

c.

Group discussions;

d.

First line supervisors and upper level supervisors, during which first line supervisors should be assured of the support they will receive should they intervene with a problem employee; and

e.

A thorough presentation of the alcohol and controlled substance policy, with particular emphasis placed upon the procedural requirements involved with disciplining an employee.

(c)

Implementing the alcohol and controlled substances abuse testing program.

(1)

Findings. The board reiterates its commitment to an alcohol and drug-free workplace. Not only does such commitment require testing of county employees upon reasonable cause to believe that an employee is in violation of the county's alcohol or drug abuse policies, it also requires testing of county employees who are uniquely involved, because of their duties as county employees, in dangerous occupations, those involved in utilizing their judgment, dexterity, physical abilities or those whose duties involve a risk of physical injury to fellow employees or citizens, or those involved in duties where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees or the general public. As a result, the board deems it necessary to require alcohol and controlled substances testing for its employees who have police powers, are employed as correctional officers, van drivers, deputies, law enforcement officers, guards, truck drivers and heavy equipment operators, not only upon reasonable cause, but also as a condition of employment and as part of the annual physical examination for such employees.

(2)

Establishing the necessary test procedures.

a.

The first step in implementing the screening test program will be to provide employees with proper notice. Copies of the alcohol and controlled substance policy shall be distributed to each affected employee through bulletin board posting of the notice thereof to each present employee and to each applicant for county employment at the time he obtains his application for employment.

b.

After distribution of the alcohol and controlled substance policy has occurred, the board of commissioners will establish a professional relationship with a qualified laboratory for the purpose of conducting controlled substance screening. A precontract award assessment will occur before the laboratory is actually utilized. When testing for controlled substances, urine samples will be used. Samples will be collected at a doctor's office or a hospital by medically qualified personnel. The samples will be carefully checked and marked with the name of the employee, the date the sample was collected and the location where the sample was collected. A chain of custody will be established so that samples are properly handled before and after testing occurs.

c.

When testing for alcohol, the standard breathalyzer test will be used. Although all on-job use of or impairment by alcohol is prohibited by the alcohol and controlled substance policy, a blood alcohol content of 0.05 grams or greater shall be conclusive proof of the employee's violation of the county's alcohol policy. A blood alcohol content of 0.05 grams or less shall also be proof of the employee's violation of the county's alcohol policy if the employee is sufficiently impaired so as to be unable to carry out his duties as determined by the employee's supervisor and such employee shall be subject to the remedies provided in the policy. The employee has the right to request a blood test if he desires. The blood test will be at the employee's expense and may be considered as evidence by the appropriate county official, but shall not be deemed conclusive.

(3)

Types of alcohol and drug testing.

a.

A drug and/or alcohol screening test shall be administered pursuant to the alcohol and controlled substance policy if a supervisor or other person has a reasonable cause to believe that an employee has violated the policy. This basis for an alcohol or controlled substance test may be utilized when such reasonable cause exists, as to any employee of the county. A reasonable cause determination must be based upon objective indications of substance abuse or other policy violations. Some of the more obvious indications of alcohol and/or controlled substance abuse which, when taken alone or in combination with other observable facts and circumstances include, but are not limited to:

1.

Sudden unexplained changes in work performances;

2.

Failure to follow instructions or procedures;

3.

Violations of safety policies and other rules and regulations;

4.

Involvement in an accident or near-accident in which safety precautions were violated or unusually careless acts were performed;

5.

Discovery or presence of alcohol or controlled substances in an employee's possession, vehicle or near the individual's workplace;

6.

Odor of alcohol or residual odor peculiar to some drug or chemical substance;

7.

Appearance that the employee is unfit for duty;

8.

Unexplained or frequent absenteeism or tardiness;

9.

Personality changes, unusual appearance or disorientation; or

10.

Bloodshot eyes, slurred speech, lethargic behavior or behavior inappropriate or inconsistent with circumstances.

b.

These are a few considerations to keep in mind before a test upon reasonable cause is administered. Thorough documentation of all steps of the investigation is required. This will include such items as memos to the personnel file of the employee stating why a reasonable cause exists, notes placed in the file stating the date and time of any discussions with the employee regarding substance abuse and the employee's reaction, and documentation of any evidence suggesting alcohol or controlled substance abuse. However, in documenting the investigation, every reasonable effort shall be made to ensure the confidentiality of the employee and of the results of any tests administered under the alcohol and controlled substance policy.

c.

After it has been determined that a reasonable cause exists, the employee shall be tested for the presence of alcohol and/or controlled substances. The employee will be called into the personnel office, informed of the allegations of the alcohol and controlled substance policy violation, and be requested to sign the employee consent and notice form. If the employee refuses to consent to the testing, he will be disciplined, up to and including discharge.

d.

If the employee consents to the screening test, and the confirmed results indicate the presence of alcohol or controlled substances in the employee's system, the employee will be discharged. The fact that the employee's alcohol or controlled substance abuse had affected the employee's work performance to the degree that a reasonable cause was developed in the first place, should be considered when deciding whether to discharge the employee.

e.

At the time the employee is called to the personnel office, where reasonable cause is established, the employee shall be suspended with pay pending the outcome of the investigation for the safety and welfare of the individual, other employees and the public. If the investigation reveals that the employee has not violated the alcohol and controlled substance policy, the employee will report back to work.

(d)

Pre-employment testing of applicants.

(1)

During the final interview process, all job applicants, including volunteer firefighters, who are selected to fill a position will be provided with a copy of the pre-employment consent and notice form. At that time, the alcohol and controlled substance policy shall be explained to the applicant, including volunteer firefighters, and the pre-employment consent and notice form shall be signed by the applicant, including volunteer firefighters.

(2)

Should the applicant, including volunteer firefighters, refuse to sign the consent form, the application process will continue. On the application it will be noted only that the applicant refused screen. It will not mention suspected alcohol or drug use by the applicant, or volunteer firefighters. The applicant and volunteer firefighters have a right to refuse to consent to the test, but the county has the parallel right to refuse to hire the applicant, including volunteer firefighters. However, should an inquiry as to that specific application be made by the applicant, including volunteer firefighters, or a third party at a later date, the county must be sure to protect the confidentially of the application process. The county shall not authorize release of the fact that the applicant, including volunteer firefighters, refused to consent to an alcohol or controlled substance screen.

(3)

If the applicant, including volunteer firefighters, being considered for the position has consented to the test and the test results are negative, the applicant, including volunteer firefighters, will continue with the hiring process. However, should the test results come back positive for controlled substances, the test result must be confirmed. This will involve a decision to either re-test the sample using the same technique or test the sample using a confirmatory technique. This decision may be made for the county by the testing laboratory itself.

(e)

Post-employment testing.

(1)

Post-employment controlled substance testing shall be conducted for law enforcement officers, correctional officers, van drivers, truck drivers, volunteer firefighters and heavy equipment operators. These tests shall be scheduled on a random basis by the board or its designee.

(2)

Any employee, including volunteer firefighters, who refuses to sign the consent form associated with these tests will either be referred to the employee awareness program or be disciplined up to and including discharge, depending on the circumstances.

(3)

If the confirmed results indicate the presence of controlled substances in the employee's system, including volunteer firefighters, the employee or volunteer firefighter will be either referred to the employee awareness program or disciplined up to and including discharge in accordance with subsection (c)(3)a. of this section.

(Ord. of 8-8-1995(2), § 4; Ord. of 3-11-1997(1))