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HomeMy WebLinkAboutORD-2003-036 - Personnel Ordinance Revision - Drug and Alcohol Testing3 Attachment �6 Draft Revised Article III, Conditions of Employment Section 11.0 Drug and Alcohol Testing (Changes Shown in Bold Type) 11.0 Drug And Alcohol Testing 11.1 Purpose The purpose of this sestien policy is to maintain a workforce free of alcohol and drug abuse and to protect the safety of County employees and the public in compliance with the Drug -Free Workplace Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991. This sestien policy is intended to comply with all applicable Federal regulations governing workplace anti -drug and alcohol programs and— atse #el testing f9F employees-- peFfoR:ning oaFtain f„-- unrat ons —as enenifed in this sen4inn The Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 655 as amended, that mandates urine drug testing and breath alcohol testing for safety - sensitive positions and prohibits performance of safety- sensitive functions when there is a positive test result. The U.S. Department of Transportation (DOT) has also published 49 CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens. In addition, the Federal government published 49 CFR Part 29, "The Drug -Free Workplace Act of 1988," which requires the establishment of drug -free workplace policies and the reporting of certain drug - related offenses to the FTA. This policy incorporates those requirements for safety- sensitive employees and others when so noted. All employees are subject to drug and alcohol testing as provided in this policy, as a condition of employment, except that employees in the Sheriffs Department are covered under separate policy and employees reporting to the Register of Deeds are covered as the Register of Deeds voluntarily elects to cover them. Any employee who may have a problem with alcohol or drug abuse is encouraged to seek professional assistance. The County's Employee Assistance Program is available for confidential counseling, substance abuse assessment and treatment referral. 4 Attachment 11.2 Types of Drug and Alcohol Testing 11.2.1 Reasonable Suspicion Testing - Required when trained personnel observe behavior on the job which is characteristic of alcohol or drug misuse. 11.2.2 Random Testing - Required on a random, unannounced basis just before, during, or just after the performance of covered duties. Random testing GGRd ,^+ed selections are made using a scientific, automated random sampling technique. 11.2.3 Pre - employment Testing - Required after an offer to hire, but prior to beginning work in the covered position. Also required when an employee transfers to a position involving covered duties or when an employee in a covered position has been on leave for 90 days or more and returns to duty. Pre - employment testing involves drug testing only. Alcohol testing is not included as part of the pre - employment testing process. 11.2.4 Post Accident - Required on any County employee driver of a motor vehicle, or any employee not on the vehicle (an automotive mechanic, for example) whose performance could have contributed to the motor vehicle accident. A covered accident is one which occurs while the employee is performing County duties and one which meets any one of the following conditions: a. A fatality results from the accident (whether or not the driver caused the accident). b. A person in the accident is treated at a medical facility (unless the driver can be completely discounted as a contributing factor to the accident). c. One of the vehicles in the accident receives disabling damage (unless the driver can be completely discounted as a contributing factor to the accident). to the even+ that it Fm c.+ he +vc�v� ed. d .Threr-e is p damage to a- ehinle re � �I +ine� ii� tfeFne�raa -of the Yehible r7TTen e cLiG�T i Note: A motor vehicle accident may include an incident in which an individual is injured even though there is no vehicle collision. 5 Attachment 11.2.5 Return-to -Duty - Required when an employee has had a confirmed positive alcohol or verified positive drug test and returns to dutyies. 11.2.6 Follow -Up - Required on an employee who has returned to duty following a positive alcohol or drug test been identified by sIIb JILTno Zabuse �nrofo TJ7OeRaTl a6 Reeding aTs sist a"Ga in resolving . Tests are unannounced and at, least six drug and alcohol tests are conducted in the first 12 months after return to duty. Follow -up testing may continue for up to 60 Fnenths five years after return to duty. 11.3 Testing Coverage 11.3.1 Reasonable Suspicion - Conducted for any County employee, temporary or permanent, when trained personnel determine that reasonable suspicion exists that the employee is at work under the influence of drugs or alcohol. (See Appendix B Guidelines for Determining Reasonable Suspicion.) 11.3.2 Random - Conducted on any County employee, temporary or permanent, whose position: a. Is covered under Federal drug and alcohol testing regulations as defined in Appendix A, or b. Involves driving an emergency response vehicle transporting patients. 11.3.3 Pre - Employment - Conducted on any: a. Permanent employee whose position is: - Covered under the Federal drug and alcohol testing regulations, as defined in Appendix A, or - Designated by the County as County safety sensitive, as defined in Appendix A. b. Temporary employee whose position: - Is covered under the Federal drug and alcohol testing regulations as defined in Appendix A, or - Involves driving an emergency response vehicle transporting patients. 6 Attachment c. County employee who transfers into a position covered by the pre- employment drug testing requirements of this Ordinance. 11.3.4 Post Accident - Conducted on any County employee, permanent or temporary, when conditions for post- accident testing are met as provided in Section 11.2.4. 11.3.5 Return -to -Duty - Conducted on any County employee, permanent or temporary, prior to returning to the p ^FFnanG^ Of 9Fed dies duty when the employee has had a confirmed positive alcohol or verified positive drug test. 11.3.6 Follow -Up - Conducted on any County employee who has been identified by a substance abuse professional as needing assistance in resolving problems with alcohol or drug misuse and who has returned to duty. 11.3.7 Designation of Covered Positions - The County maintains a list of positions covered by Random and Pre - Employment Testing, as specified in this Ordinance. 11.3.8 Sheriff s Department Positions - Positions in the Orange County Sheriff's Department are not covered by the drug and alcohol testing provisions of this Ordinance. The Sheriff maintains a separate drug and alcohol testing policy in conformance with the requirements of the North Carolina Criminal Justice Commission. 11.4 Refusal to Take the Drug or Alcohol Test An employee or applicant who refuses to submit to, or fails to supply the necessary sample to conduct an alcohol or drug test when testing is required by this Ordinance will be considered to have refused to test and will be subject to the same consequences as having a positive test. a positive test Fes lt. 11.5 Conditions for Testing 11.5.1 Reasonable Suspicion a. The County requires an employee to undergo reasonable suspicion testing for drags and /or alcohol when trained personnel substantiate that employee is exhibiting behavior at work which suggests reasonable suspicion that the employee is at work under the influence of drugs or alcohol. (See Appendix B Guidelines For Determining, Reasonable Suspicion For Drug or Alcohol Use.) 7 Attachment b. In the determining reasonable suspicion, the following process is followed: A supervisor who suspects that an employee is at work under the influence of drugs or alcohol immediately informs the department head of this and the specific reasons. If the department head is not available or has not received the necessary training to substantiate reasonable suspicion, a trained supervisor may serve as the department head's designee. The department head immediately contacts the Employment Officer, Employee Relations Officer or Personnel Director. If the Employment Officer, Employee Relations Officer or Personnel Director is not available, another trained Personnel staff member may assist in process of determining reasonable suspicion. The department head and the trained personnel representative meet with the employee involved in order to directly observe the employee's behavior. Based on this and review of all the available information, the department head and personnel representative jointly determine whether sufficient evidence exists to substantiate reasonable suspicion of drug or alcohol use and to require a drug and alcohol test. The department head and the personnel representative make a- written record of the specific observations leading to the reasonable suspicion determination and sign it. The determination of reasonable suspicion requires a trained supervisor and a trained personnel representative as provided in this section. c. The Personnel Department arranges for the reasonable suspicion drug and /or alcohol test. If the need for the test arises outside of County business hours, the department head may contact the Personnel representative and obtain information on testing arrangements by calling the County 9 -1 -1 Center. d. Following the substantiation of reasonable suspicion, the department head or designee notifies the employee of the requirement for an immediate drug and /or alcohol test. If the E:3 Attachment employee refuses to take the test, the department head or designee advises the employee that refusal of testing in this circumstance has the same consequence as iS eeesideFed a positive test result and that the employee will be subject to Fnay Fes ul+ 1e disciplinary action, including dismissal under this Ordinance. e. The supervisor or other County official escorts the employee to the testing location. From the time reasonable suspicion is determined, the employee is removed from duty and observed to assure that he or she does not ingest anything or attempt to acquire "clean" urine from another person. After the testing is completed, the supervisor or County official escorting the employee to the testing location should use every reasonable means to assure the employee reaches home safely. g. A reasonable suspicion alcohol test should be administered within two hours and may not be administered later than eight hours following the reasonable suspicion determination. If the test is not administered within two hours and also if is not administered within eight hours, the supervisor must document and submit to the Personnel Department the reasons for not administering the test. h. A reasonable suspicion drug test must be administered no later than 32 hours following the reasonable suspicion determination. If the test is not administered within 32 hours, the supervisor must document and submit to the Personnel Department the reasons for not administering the test. While awaiting results of a reasonable suspicion drug test, a permanent employee is placed on leave with pay for the regularly scheduled work hours. (A temporary employee is not paid for the missed work time.) If the Fes It of the test is eesi+ive and the V Y.L V. L�iV emeleyee is dismissed, the effee+nie date of the dismissal as the date- Feasenable s 6. ' * jetce,m;ned. 11.5.2 Random a. Random drug and alcohol testing occurs while the employee is on -duty, immediately prior to performing covered duties, or immediately after performing covered duties. b. For random testing purposes, the pool of employees covered under Federal drug and alcohol testing regulations 9 Attachment is maintained separately from the pool of County safety sensitive employees as designated by the County. c. Selection of employees for random testing is made by a scientifically valid random sampling method. Each time a random selection is made, each employee has an equal chance of being selected. Random tests are unannounced and spread reasonably throughout the year. d. The Personnel Department notifies the department of the employee(s) identified for random testing. The department notifies the employee. Once notified of a random test, the employee proceeds immediately to the testing site by transportation which may be provided by the department. 11.5.3 Post - Accident a. As soon as practical following a covered accident, the supervisor or department head arranges for a drug and alcohol test to be administered to the covered employee. If the need for the test arises outside of County business hours, the supervisor or department head may obtain necessary information to arrange for the drug and alcohol test from the County 9 -1 -1 Center. b. The post- accident alcohol test should be administered within two hours, and no later than eight hours following the accident. If the test is not administered within two hours, the supervisor must document, and submit to the Personnel Department the reason the alcohol test was not administered. If the alcohol test is not administered within eight hours following an accident, attempts to administer the test cease and the supervisor documents and submits to the Personnel Department the events that resulted in the failure to administer the test. c. A post - accident drug test must be administered within 32 hours following the accident. If the drug test is not administered within 32 hours, the supervisor should document, and submit to the Personnel Department, the reasons for not administering the test. d. An employee subject to post- accident testing must remain readily available for testing. It is considered a refusal to submit to testing, and thus has the same consequence as a positive test result, if an employee unnecessarily leaves the scene of an accident before a required test is administered, or if the employee fails to remain readily available for testing. 10 Attachment e. In no case, should the post- accident testing requirement delay medical attention for persons injured in the accident. 11.5.4 Pre - Employment a. After the offer for employment is made for a position covered under this policy, the final candidate is required to undergo a drug test prior to beginning work in the position. A positive test result or refusal to submit to the drug test will result in disqualification for employment. b. An applicant who refuses to submit to a drug test will not be considered for employment for a two year period following the refusal. c. An applicant who does not pass a drug test as required will not be considered for employment for a two -year period following the date of the test and then will be considered only when the applicant provides documentation that he or she has successfully completed a drug treatment program and the applicant passes a pre - employment drug test. d. For any covered permanent position, the Personnel Department arranges for the pre - employment drug test and notifies the candidate and the department head of the result. For any covered temporary appointment, the department is responsible for contacting the Personnel Department to arrange the drug test. e. In addition to pre - employment drug testing, the County may obtain and review information from any past employer within the previous two years as to any positive test or refusal of a test. Any such positive test or refusal to test is treated as in Item 11.5.4c above. f. An applicant who fails to provide written consent for the County to obtain information from past employers will not be considered for employment. 11.5.5 Return -to -Duty and Follow -Up Testing a. An employee " id pesitieR who is allowed to return -to- duty following referral, evaluation and release to return to duty and tFe.. +.,,e.,+ from a substance abuse professional is required to submit to a drug and /or alcohol test prior to perferming Gevered dies return to duty. 11 Attachment b. An employee returning to duty following a positive alcohol or drug test result and following referral and evaluation afld t;°nt by a substance abuse professional is subject to a minimum of six unannounced alcohol and drug tests during the next 12 months of employment. Follow -up testing may continue for up to 60-r enths five years following return -to -duty. 11.6 Positive Test Results 11.6.1 Disciplinary Action If an employee tests positive for drugs or alcohol (Breath Alcohol Test results indicate a 0.04 or greater concentration of alcohol in the employee's system), the employee is subject to disciplinary action, including dismissal at the discretion of the Manager or, in the case of a Social Services or Health Department employee, the Social Services Director or Health Director respectively. In reaching a decision as to appropriate disciplinary action, the department head making a recommendation and the Manager, Social Services Director or Health Director considers such factors as: • The employee's work history, including length of service and any past disciplinary action. • The employee's job functions such as FTA or County safety sensitive job functions. • The circumstances of the positive test result. Pending the County's decision as to disciplinary action, the employee is removed from duty and receives leave with pay for the regularly scheduled work hours. 12 Attachment If the decision is to dismiss the employee, any such dismissal is handled as provided in Article IX of the Ordinance. An employee who is dismissed is referred to the County's Employee Assistance Program for substance abuse assessment and referral for treatment. If the decision is to allow the employee to continue in employment, such employment is contingent on the employee's signed acceptance of the terms of the County's written Return to Duty Agreement. 11.6.2 Return to Duty Agreement The Return to Duty Agreement terms include: • The employee's acceptance of mandatory referral through the County's Employee Assistance Program for substance abuse assessment and treatment and the requirement for the approval of a substance abuse professional before return to work. • A requirement that the employee have a negative test for drugs and an alcohol test with a result of less that 0.02 prior to return to duty. • The employee's agreement to unannounced follow up testing, including at least six tests in the 12 months after return to duty and tests continuing for up to five years. • An agreement to comply with the substance abuse treatment plan and to provide reports as to compliance to the Personnel Department. • The employee's acknowledgement that he or she will be dismissed from County employment if he or she fails to comply with the terms of the Return to Duty Agreement or has a positive drug test or an alcohol test with a result of 0.02 or greater. • A date by which the employee must meet the requirements for substance abuse assessment and negative return to duty test or he or she will be dismissed. During the period after the decision to allow the employee to continue employment and the employee's completing the specific steps necessary to return to duty, the employee is on 13 Attachment leave without pay. If he or she has earned, unused Vacation Leave, Sick Leave or Personal Leave Days, such time may be used in lieu of leave without pay. 11.6.3 Substance Abuse Assessment and Treatment In the instance of a positive drug or alcohol test, the County makes a mandatory referral through the County's Employee Assistance . Program to a substance abuse professional for substance abuse assessment and treatment. The substance abuse professional assesses the employee's level of substance abuse and makes a referral for treatment if appropriate. When a referral for treatment is made, the employee must participate in the treatment as recommended. The employee pays fef -the cost of treatment. The employee signs a release form to insure information on attendance at the EAP and subsequent treatment is provided to the County. Failure to sign the appropriate releases constitutes failure to participate in treatment and may result in dismissal. The employee may use earned Sick Leave, Vacation Leave, Leave Without Pay, or any combination during the treatment period. 11.6.4 Reemployment An employee who has a positive drug or alcohol test and is dismissed wills may be considered for re- employment feFa -twe with documentation of successful completion of a drug or alcohol abuse treatment program, and upon the successful completion of a pre - employment drug test. OWN NO .. -- - 11.6.4 Reemployment An employee who has a positive drug or alcohol test and is dismissed wills may be considered for re- employment feFa -twe with documentation of successful completion of a drug or alcohol abuse treatment program, and upon the successful completion of a pre - employment drug test. 14 Attachment 11.7 Alcohol Test Results between 0.02 and 0.04 11.7.1 An employee who is tested and found to have an alcohol concentration of 0.02 or greater but less than 0.04 must not perform any covered duties for the next 24 hours. The employee must leave the workplace (not in a County vehicle) and must not report back to work until the end of the 24 hour period. The employee may use earned Vacation Leave or leave without pay to cover any missed work time. 11.7.2 An employee who receives test results between 0.02 and 0.04 is counseled about the requirement of reporting to work without the presence of alcohol in his, or her system. 11.7.3 An employee who is tested and found to have an alcohol concentration of 0.02 but less than 0.04 and who has previously had an alcohol test result between 0.02 and 0.04 r ° ^° is subject to disciplinary action, including dismissal, in accordance with this Ordinance. On any third occurrence of a test result between 0.02 and 0.04, the employee is dismissed, in accordance with this Ordinance. 11.8 Special Drug Test Results 11.8.1 An adulterated or substituted specimen is considered a refusal to test. 11.8.2 A negative, dilute specimen is a negative drug test but requires a retest before return to duty. Only one retest may be performed. A second negative, dilute specimen is considered a negative drug test. 11.9 Alcohol Testing Procedures 11.8.1 Any alcohol test will be conducted at a site which affords visual and aural privacy to the individual being tested. Unauthorized persons will not be permitted access to the testing location when a test is in progress. 11.8.2 Alcohol testing will be performed by a Breath Alcohol Technician (BAT) trained and certified in the principles of Evidential Breath Testing (EBT) methodology. 11.8.3 Alcohol tests with a result of 0.02 alcohol concentration or greater must be confirmed with an EBT that is capable of printing out each test result. 15 Attachment 11.9 Drug Testing Procedures 11.9.1 Any drug test will be conducted through analysis of a urine specimen by a, laboratory using testing and quality assurance guidelines established by the Federal Department of Health and Human Services. All testing will be conducted consistent with the procedures set forth in 49 CFR Part 40, as amended. Procedures will account for the integrity of each urine specimen by tracking its handling and storage from the point of specimen collection to final disposition of the specimen. 11.9.2 A split sample method of collection is used. The primary specimen will undergo an initial screen. spesi ^^ f^F aRY positive test Fesult. If the test result of the primary specimen is positive, the split sample may be tested for reconfirmation at the employee's request. If the test result of the primary specimen is negative, the laboratory will dispose of the split sample. 11.9.3 Any confirmed positive test result is reviewed and interpreted by a Medical Review Officer (MRO) prior to transmission of the results to Orange County. The MRO will generally review the findings of the drug test with the employee in addition to reviewing the chain of custody procedures followed by the laboratory. (See Section 11.11d) 11.10 Confidentiality Orange County maintains drug and alcohol testing results and records on a confidential basis, except as provided below or by law unndeGF state and fedeF .l law. 11.10.1 The employee, upon written request, is entitled to obtain copies of any records pertaining to his or her use of prohibited drugs or misuse of alcohol including any drug or alcohol testing records. Covered employees have the right to gain access to any pertinent records such as equipment calibration records, and records of laboratory certifications. 11.10.2 Records of a verified positive drug /alcohol test result shall be released to the Drug and Alcohol Program Manager, Department Head and Personnel Director on a need to know basis. 11.10.3 Records will be released to a subsequent employer only upon receipt of a written request from the employee. 16 Attachment 11.10.4 Records of an employee's drug /alcohol tests shall be released to the adjudicator in a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested individual arising from the results of the drug /alcohol test. 11.10.5 Records will be released to the National Transportation Safety Board during an accident investigation. 11.10.6 Records will be released to the DOT or any DOT agency with regulatory authority over Orange County or any of its employees. 11.10.7 Records will be released if requested by a Federal, state or local safety agency with regulatory authority over Orange County or any of its employees. 11.10.8 If a party seeks a court order to release a specimen or part of a specimen contrary to any provision of Part 40, the County will take the necessary legal steps to contest the issuance of the order. 11.11 Responsibilities a. The employee: Assures that the ability to perform his or her job duties is not affected due to the use of alcohol or drugs when scheduled to report to work, or scheduled for "on call" duty. • Attends one hour of training, if in a FTA safety sensitive or County safety sensitive position, in the signs and symptoms of drug and alcohol abuse, including the effects and consequences of drug and alcohol abuse on health, safety and the work place. • Informs the supervisor, prior to performing covered duties, if taking a prescribed medication that could impair his or her ability to perform the covered duties. • Refrains from using alcohol for four hours prior to the performance of covered duties and for eight hours following an accident for which drug and alcohol testing may occur or until testing has been completed. b. The Department Head: 17 Attachment • Informs each employee of the drug and alcohol testing requirements for his or her position. • Provides for one hour of training for each employee in a FTA safety sensitive or County safety sensitive position in the signs and symptoms of drug and alcohol abuse, including the effects and consequences of drug and alcohol abuse on health, safety and the work place. • Applies this policy consistently to all employees within the department. • Notifies the Personnel Department immediately when there is belief that reasonable suspicion may exist of drug or alcohol use and, in conjunction with the Personnel representative determines whether reasonable suspicion exists. • Assures that an employee being tested for reasonable suspicion for drugs or alcohol is not allowed to work until the final results of the drug test are obtained. • Assures that an employee to be tested for drugs or alcohol reports to the County's designated test site. • Makes every reasonable effort to assure that an employee who undergoes a reasonable suspicion drug test, or an employee whose result on a Breath Alcohol Test is greater than 0.04 is safely transported home. C. The Personnel Department: • Assures information regarding the testing and referral of employees and applicants under this policy is treated as confidential in accordance with the requirements of North Carolina law governing the privacy of employee personnel records. • Makes arrangements for testing services and assures these are in compliance with the Federal drug and alcohol testing regulations. • Assures federally required drug and alcohol testing records are maintained. • Submits annual drug and alcohol testing reports as required by the State and Federal Government. 18 Attachment • Maintains the list of positions which are identified as County safety sensitive under Orange County's safety sensitive definition and positions which are identified as FTA safety sensitive severed by Federal Drug and Alcohol Testing regulations. • Arranges for referrals to a substance abuse professional when a positive test or refusal to test occurs. • Receives and communicates test results to the department head. • Provides for one hour of training for each employee in a FTA safety sensitive or County safety sensitive position in the signs and symptoms of drug and alcohol abuse, including the effects and consequences of drug and alcohol abuse on health, safety and the work place. • Provides access to this policy and the corresponding federal regulations including 49 CFR Parts 655 and 40, as amended, for all employees. • Provides at least two hours of training for supervisors on the physical, behavioral, speech and performance indicators of probable drug and alcohol use. d. The Medical Review Officer (MRO): • When the test of the primary specimen is positive, substituted or adulterated, notifies the employee or applicant that he or she has 72 hours in which to request a test of the split specimen. • Reviews and interprets any confirmed positive laboratory test result and considers all information which might have an impact on the test results by doing the following: - Conduct an interview with the employee or applicant as necessary. - Reviews the employee's or applicant's medical history as necessary. - Reviews all medical records made available by the employee or applicant when a confirmed positive test could have resulted from a legally prescribed medication. 19 Attachment Determines if the test is positive, negative, er cancelled or requires a retest. • Following review of the test results, reports test results to the authorized County representative in the Personnel Department. 20 Attachment Appendix A Drug and Alcohol Testing Definitions Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. Alcohol Test. A screening and confirmation test conducted by a trained Breath Alcohol Technician (BAT) using an Evidential Breath Testing (EBT) device which measures the presence of alcohol in the body. Breath Alcohol Technician: An individual who instructs and assists individuals in the alcohol testing process and is certified to operate an Evidential Breath Testing device. Cancelled Test: In drug testing, a test that has been declared invalid by a Medical Review Officer. A cancelled test is neither a positive nor a negative test. In alcohol testing, a test that is declared invalid under 49 CFR 40.79 of the federal regulations. Chain of Custody. Procedures designed to ensure proper handling, labeling, identification, confidentiality and documentation of test samples. County Safety Sensitive Positions: For purposes of Orange County drug and alcohol testing, a County safety sensitive position is an Orange County position: 1. Requiring consistent and frequent repair, operation and maintenance of heavy equipment, trucks, or automobiles (At least 40 percent of the time on a regular basis; or positions in which equipment operation is an important and primary job task on a periodic basis -- in contrast to positions where driving is involved to transport himself or herself to other job sites); or 2. Working with large equipment or materials with a potential for hazards; or 3. Working in an independent setting with youth on a regular basis; or 4. Requiring the transportation of clients in the custody and care of Orange County Human Service departments on a regular basis; or 5. Whose functions impact the rescuing of human life. Covered Duties: Duties which are County safety sensitive as defined in the Safety Sensitive definition in this Appendix, or duties which are FTA safety sensitive and covered under the federal regulations as defined in the definition of Federally Required Position Coverage in this Appendix. Dru_g: An illegal drug or illegal use of a controlled substance identified under the "Drug Test" definition below as prohibited. 21 Attachment Drug Test A test, including providing the necessary sample of body fluid by the employee to be tested, for the presence of any of the following drugs or drug metabolites in the urine of an employee: - Amphetamines - Cannabinoids (Marijuana) - Cocaine - Opiates - Phencyclidine (PCP) Federally Required Position Coverage (FTA Safety Sensitive): Federal drug and alcohol testing regulations apply to an employee who: 1. Operates a commercial motor vehicle and is subject to the commercial driver's license (CDL) requirement. A "commercial motor vehicle" includes any motor vehicle used to transport passengers or property if the vehicle: • Has a gross combination of weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or • Has a gross vehicle weight rating of 26,001 or more pounds; or • Is designed to transport 16 or more passengers, including the driver; or • Is of any size and is used to transport materials that are hazardous for the purposes of the Hazardous Materials Transportation Act and that require the motor vehicle to be placarded under the Hazardous Materials Regulations. 2. Performs or supervises the performance of certain functions related to mass transit. These functions include: • Operating, maintaining or controlling the dispatch or movement of a revenue service vehicle. • First -line supervision of anyone operating, maintaining or controlling the movement of a revenue service vehicle if the supervisor's responsibilities include the performance of such functions. • Mechanical maintenance repair of a revenue service vehicle or equipment used in revenue service. Medical Review Officer WRO): A licensed physician responsible for receiving laboratory results of drug tests. The MRO has specific training in the area of substance abuse disorders and has medical training to interpret and evaluate an 22 Attachment individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. On -Call: Time when an employee is required to leave a telephone number where he or she can be reached or to carry a pager and is subject to being called back to work, but may come and go freely. Refusal to Submit to Testing: Refusal to submit to testing occurs when the individual being tested: • Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing; or • Fails to provide adequate urine for controlled substances testing without valid medical explanation after he or she has received notice of the requirement for testing; or • Engages in conduct which clearly obstructs the testing process such as tampering, adulterating or substituting a specimen, leaving the scene of an accident without a valid reason before the tests have been conducted, failing to sign required testing forms, leaving the test site prior to test completion, failing to permit an observed or monitored collection when required, failing to take a second test when required, failing to undergo a medical examination when required or failing to cooperate with any part of the testing process; or • Refuses to submit to the drug or alcohol test and or fails to report to the testing site. Revenue Service Vehicle: A vehicle used to transport passengers as part of a revenue - producing service. Return to Duty Agreement: A written agreement required as a condition of continued employment for an employee who has a positive drug or alcohol test result prior to return to work, if he or she is not dismissed from Orange County employment. Substance Abuse Professional: A licensed or certified physician, psychologist, social worker, employee assistance professional or addiction counselor certified by the Nation Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium on Alcohol and other Drug Abuse. The Substance Abuse professional also must have with knowledge ef a clinical experience in the diagnosis and treatment of alcohol and drug- related disorders. 23 Attachment Appendix B Guidelines For Determining Reasonable Suspicion For Alcohol or Drug Use 1. General "Reasonable Suspicion" exists when trained personnel substantiate specific, objective, aFtisulable- observations that can be articulated concerning appearance, behavior, speech, body odor or other indicators of probable drug or alcohol use. 2. Examples of Indicators Consistent with Alcohol and Dru_g. Use The following indicators comprise a representative, but not exclusive list of factors which may be the basis for substantiating the reasonable suspicion of alcohol or drug use. a. Slurred speech b. The odor of alcohol or marijuana about the person C. Inability to walk a straight line d. Loss of coordination e. Physical or verbal altercations f. Unusual behavior which warrants bringing it to the attention of a supervisor such as confusion, disorientation, marked personality changes, irrational behavior. g. Possession of drugs h. Verifiable information from a credible source that an employee may have been impaired while performing assigned duties. A pattern of unexplained accidents and injuries j. Arrests, citations and deferred prosecutions associated with drugs or alcohol (in conjunction with other indicators listed above) k. A pattern of excessive absenteeism, late reporting or deterioration in work performance (in conjunction with other indicators listed above) le Attachment 3. Substantiating Reasonable Suspicion a. 'Reasonable Suspicion" of drug or alcohol use requires substantiation by trained personnel. This requires a trained supervisor and trained personnel representative. b. Trained personnel for this purpose means an individual who has received at least one hour of training on alcohol misuse and one hour of training on drug misuse, including physical, behavioral, speech and performance indicators of probable alcohol or drug misuse. February 25, 2003 b. Personnel Ordinance Revision — Drug and Alcohol Testing The Board received a report on possible revisions to the Orange County Personnel Ordinance to update the policy covering employee drug and alcohol testing and to implement the Board's direction as to handling positive drug and alcohol tests. Personnel Director Elaine Holmes said that the purpose of this item is to consider revisions to the County's personnel ordinance covering drug and alcohol testing, and to receive any comment or direction from the Board. Because the County is a federal contractor, it is covered by the Drug Free Workplace Act of 1988, which requires that the County maintain a drug free workplace. The County is also covered by the Transportation Employee Testing Act of 1991. She gave reasons the County has a drug free workplace policy. The County's written policy gives advance notice to employees of the policy and the drug and alcohol testing requirements. There are also strict guidelines for the administration of the test. The revision of the policy is a result of a request from the Board of County Commissioners to look at positive alcohol tests the same as for a positive drug test; and also that dismissal not be the only option. The other reason is to reflect updated federal regulations covering transportation related functions. As written, the policy provides the same handling for a positive alcohol test as for a positive drug test. In the case of a positive test, it provides that the employee is subject to disciplinary action, which may include dismissal, under the discretion of the Manager. If the employee were allowed to stay, it would be done under the terms of a written Return to Duty Agreement. The employee will be dismissed if a follow -up test is positive. Commissioner Jacobs asked how the County treated medical records and who could request them. Elaine Holmes said that medical records are kept separately and in a locked location, only accessible by certain employees. John Link said that the County does not keep medical records on any employee. It would be a rare occasion to have a medical record in a personnel file. Commissioner Jacobs made reference to page 16 - 11.10.7 and read, "Records will be released if requested by a federal, state, or local safety agency with regulatory authority over Orange County or any of its employees." He said that this seems inclusive and vague at the same time. Elaine Holmes said that this is a requirement under NCDOT. She cannot recall such a request in the past, but it is a requirement. She would consult with the County Attorney before giving this type of information. Commissioner Gordon made reference to page 13 and said that the waiting period has been completely eliminated. She asked why there was not some waiting period. Elaine Holmes said that they eliminated this because of the Americans with Disabilities Act that the County cannot create a barrier to employment because of past alcoholism or drug abuse. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to adopt the draft policy with a July 1, 2003 effective date. VOTE:; UNANIMOUS c. Outdoor Lightina Standards The Board considered closing the Public Hearing and making a decision regarding the adoption of the Outdoor Lighting Standards amendment to the Zoning Ordinance. Planning Director Craig Benedict said that this amendment would enable the County to have standards for new development for lighting in the County. There were many comments at the public hearing. There were three areas that were difficult to consider in the administration recommendation. These areas had to do with requiring amortization for existing single - family homes; holiday decorations (Planning Board recommends setting time limits on holiday lights); and another amortization system for existing commercial, industrial, churches, and governmental buildings. They propose not having it in the ordinance at this time, but just beginning a public education campaign for residential and non - residential existing properties to discuss the benefits of changing the lights out over a period of time.