HomeMy WebLinkAboutAgenda - 10-02-1995 - VIII-C t
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ORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 2, 1995
Action Agenda
Item # t/XC
SUBJECT: Personnel Ordinance Revisions -Drug and Alcohol Testing
DEPARTMENT: Personnel PUBLIC HEARING: Yes X No
ATTACHMENT(S): INFORMATION CONTACT:
Elaine Holmes, Personnel Director
1 -Drug and Alcohol Testing Coverage Extension 2550
2 -Draft Revisions to the Personnel Ordinance
Article III, Section 11.0 TELEPHONE NUMBERS:
Drug and Alcohol Testing Hillsborough- 732-8181
Durham- 688-7331
Mebane -227-2031
Chapel Hill -967-9251/968-4501
PURPOSE: To consider draft revisions to the Orange County Personnel Ordinance to add a
new section which provides for Drug and Alcohol Testing. This section is
proposed in part to comply with the Federal drug and alcohol testing
regulations effective for Orange County on January 1, 1996.
BACKGROUND: In February 1994, the Federal Department of Transportation along with its
operating divisions of the Federal Highway Administration(FHWA) and the
Federal Transit Administration(FTA) issued final rules implementing the
Omnibus Transportation Act of 1991. Under these rules, local governments are
required to perform alcohol and drug testing for employees who perform
certain transportation-related functions. The County has approximately 30
positions located in the departments of Aging, Public Works and Recreation
and Parks which are covered under the requirements of the FHWA and FTA.
As part of the process of implementing the Federal drug and alcohol testing
regulations, Personnel formed a representative employee task group to provide
input and direction for a drug and alcohol testing policy for the County.
The task group examined specific issues around the scope of testing coverage,
and solicited input on its recommendations for coverage from department heads
and members of the County's Employee Relations Consortium. Based on
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input from department heads and employees, the task group developed the draft
Personnel Ordinance section which also has been reviewed by these groups.
Among other things, the proposed Personnel Ordinance revision for drug and
alcohol testing does the following:
► Creates a new Section 11.0 in Article III of the Orange County Personnel
Ordinance covering drug and alcohol testing.
► Brings the County into compliance with the Federal drug and alcohol
testing regulations.
► Requires pre-employment, reasonable suspicion, random, post accident,
return-to-duty and follow-up testing for certain County positions as
shown in Attachment 1 and defined in Attachment 2, Section 11.2 and
Appendix A.
► Beyond the federally required groups, identifies certain County positions
as Safety Sensitive as defined in Appendix A of Attachment 2.
• Provides for the dismissal of an employee with a positive drug test result
and for an employee with a positive alcohol test (if it is determined that
the alcohol consumption occurred while the employee was at work) as
outlined in Attachment 2, Section 11.6
► Provides that an employee with a positive alcohol test (breath alcohol of
.04 or greater)be subject to disciplinary action and mandatory referral for
substance abuse assessment and treatment if it is determined that the
alcohol was consumed while the employee was off-duty as outlined in
Attachment 2, Section 11.6
To support administration of the drug and alcohol testing program,
Orange County has entered into an agreement with Triangle J Council of
Governments to be a participating member of a Drug and Alcohol Testing
Consortium made up of area local governments. Through the consortium,
Triangle J has contracted with the National Truckers Association to provide
testing services, training and policy guidance to consortium members. The
agreement also provides that Triangle J arrange for testing services and conduct
the random sampling testing process.
To implement the drug and alcohol testing program effective January 1, 1996,
all County supervisors will be trained in determining the reasonable suspicion of
drug and alcohol use. A supervisor's guide to administering the Drug and
Alcohol testing program will be developed and provided to all supervisors. In
addition, policy briefing sessions will be held for all interested employees, with
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special training sessions scheduled for those employees subject to the random
testing requirement.
The estimated cost of implementing the drug and alcohol testing program for
the period January 1, 1996 through June 30, 1996 is $3,000. This includes a
one-time membership fee with the Triangle J consortium of$200, and an annual
administrative fee of$500. Through the consortium, the cost of an alcohol test
is $25 and the cost of a drug test is $32. The funds for the alcohol and drug
testing program are included in the 1995-96 budget.
In the course of examining the scope of coverage for drug and alcohol testing,
the task group considered the possibility of covering certain County volunteers
in the drug and alcohol testing program. This possibility still is being discussed,
and the task group plans to bring a recommendation on volunteer coverage to
the Board at a future meeting date.
RECOMMENDATION: The Manager recommends the Board adopt the proposed Personnel Ordinance
revisions effective January 1, 1996.
Attachment 1
Drug and Alcohol Testing Coverage
:::.::::..... ......... ... h
Pre Employment Any permanent employee whose position is:
• Covered under the Federal drug and alcohol testing
regulations, or
• Designated by the County as "Safety Sensitive"
Any temporary employee whose position:
• Is covered under the Federal drug and alcohol testing
regulations, or
• Involves driving an emergency response vehicle transporting
patients
Reasonable Suspicion Any permanent or temporary employee when trained personnel
determine that reasonable suspicion exists.
Random Any permanent or temporary employee whose position:
• Is covered under the Federal drug and alcohol testing
regulations, or
• Involves driving an emergency response vehicle transporting
patients
Post Accident Any permanent or temporary employee when conditions for
post-accident testing are met as provided in the Orange County
Personnel Ordinance, Article M, Section 11.2.4.
Return-to-Duty Any permanent or temporary employee if the employee
previously had a confirmed positive alcohol test and returns to
work.
Follow-Up Any permanent or temporary employee who has returned to duty
following a positive test result.
9/25/95
* See Orange County Personnel Ordinance,Article III, Section 11.0 and Appendix A.
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ATTACHMENT 2 5
Draft Revision to Orange County September 25, 1995
Personnel Ordinance,Article III, Section 11.0
11.0 DRUG AND ALCOHOL TESTING-Effective January 1, 1996
11.1 Purpose
The purpose of this section is to maintain a workforce free of alcohol and drug
abuse and to protect the safety of County employees and the public. This section
is adopted in part to comply with federal law and regulations requiring drug and
alcohol testing for employees performing certain functions as specified in this
section.
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 is
conducted 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. 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.
C. The County employee driver receives a citation under State or local
law for a moving traffic violation arising from the accident.
d. One of the vehicles in the accident receives disabling damage to the
extent that it must be towed.
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e. There is property damage to a revenue service vehicle resulting in
the removal of the vehicle from revenue service.
11.2.5 Return-to-Du -Required when an employee has had a confirmed positive
alcohol test and returns to performing covered duties.
11.2.6 Follow-Up-Required on an employee who has been identified by a
substance abuse professional as needing assistance in resolving problems
with misuse of alcohol or drugs. Tests are unannounced and at least six
tests are conducted in the first 12 months after return to duty. Follow-up
testing may continue for up to 60 months 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 Eplovment- 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 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
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Involves driving an emergency response vehicle transporting
patients. '
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 performance of covered duties, when
the employee has had a confirmed positive alcohol test.
11.3.6 Follaw-Up-U - 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 Sheri,ff'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 a positive test result.
11.5 Conditions for Testing
11.5.1 Reasonable Suspicion
a. The County requires an employee to undergo reasonable suspicion
testing for drugs 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
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Suspicion For Drug or Alcohol Use.)
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 Employee Relations
Officer or Personnel Director. If the 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.
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 employee refuses to take the
test, the department head or designee advises the employee that refusal
of testing in this circumstance is considered a positive test result and
may result in dismissal under this Ordinance.
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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.
f. 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.
i. 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 result of the test is positive and the employee is dismissed, the
effective date of the dismissal is the date reasonable suspicion was
determined.
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. 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.
c. The Personnel Department notifies the department of the employee(s)
identified for random testing. The department notifies the employee.
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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.
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 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.
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.
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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.
11.5.5 Return-to-Duty and Follow-Up Testing
a. An employee in a covered position who is allowed to return-to-duty
following referral, evaluation and treatment from a substance abuse
professional is required to submit to a drug or alcohol test prior to
performing covered duties .
b. An employee returning to duty following a positive alcohol test result
and following referral, evaluation and treatment by a substance abuse
professional is subject to a minimum of six unannounced alcohol tests
during the next 12 months of employment. Follow-up testing may
continue for up to 60 months following return-to-duty.
11.6 Positive Test Results
11.6.1 If an employee tests positive for alcohol (Breath Alcohol Test results
indicate a 0.04 or greater concentration of alcohol in the employee's
system)and the department head concludes that alcohol consumption
occurred while on duty, the employee is dismissed, in accordance with this
Ordinance.
11.6.2 If an employee tests positive for alcohol and the department head
concludes that alcohol consumption occurred while the employee was off-
duty, disciplinary action results and a mandatory referral for a substance
abuse assessment and treatment is made to a substance abuse professional
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through the County's Employee Assistance Program(EAP).
The Substance Abuse Professional assesses the employee's level of
substance use 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 cost of the treatment is paid for by the
employee. 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.
Once the employee returns to work, upon approval of the substance abuse
professional, the employee is subject to return-to-duty and follow-up
testing. The results of return-to-duty and follow-up testing for alcohol
must indicate an alcohol concentration of less than 0.02. If at any time the
employee has an alcohol test result of 0.02 or greater, the employee is
dismissed, in accordance with this Ordinance.
11.6.4 An employee who has a positive drug test is dismissed, in accordance with
this Ordinance.
11.6.5 An employee who has a positive alcohol or drug test is referred to a
substance abuse professional regardless of employment status.
11.6.6 An employee who has a positive a drug or alcohol test and is dismissed will
not be considered for re-employment for a two year period following the
date of the positive test. The employee will only be considered for re-
employment with documentation of successful completion of a drug or
alcohol abuse treatment program, and upon the successful completion of a
pre-employment drug test.
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.
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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 a test result between
0.02 and 0.04 receives a Disciplinary Suspension 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 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.
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. 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 followed by confirmation of the split specimen for
any positive test result. 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 l 1.11d)
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1.10 Confidentiality
Orange County maintains drug and alcohol testing results and records on a
confidential basis, as provided under state and federal law.
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.
► 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.
b. The Department Head:
► Informs each employee of the drug and alcohol testing requirements for
his or her position.
► 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 assures 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.
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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.
► Maintains the list of positions which are identified as safety sensitive
under Orange County's safety sensitive definition and positions which
are covered by Federal Drug and Alcohol Testing regulations.
► Arranges for referrals to a substance abuse professional when a positive
test occurs.
► Receives and communicates test results to the department head.
► 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, 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.
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-Reviews all medical records made available by the employee or
applicant when a confirmed positive test could have resulted from a
legally prescribed medication.
► Determines if the test is positive, negative, or cancelled.
► Following review of the test results, reports test results to the
authorized County representative in the Personnel Department.
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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 or 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.
Covered Duties: Duties which are safety sensitive as defined in the Safety Sensitive definition in
this Appendix, or duties which are covered under the federal regulations as defined in the
definition of Federally Required Position Coverage in this Appendix.
Drug: An illegal drug or illegal use of a controlled substance identified under the "Drug Test"
definition below as prohibited.
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: 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.
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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 WROI: A North Carolina 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 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 Testier: Refusal to submit to testing occurs when(1)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; (2)the individual 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(3)the individual engages in conduct which
clearly obstructs the testing process; or(4)the individual refuses to submit to the drug or alcohol
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and fails to report to the testing site.
Revenue Service Vehicle: A vehicle used to transport passengers as part of a revenue-producing
service.
Sale&Sensitive Positions: For purposes of Orange County drug and alcohol testing, a 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% 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.
Substance Abuse Professional: A licensed physician or licensed or certified psychologist, social
worker, employee assistance professional or counselor with knowledge of and clinical experience
in the diagnosis and treatment of alcohol and drug-related disorders.
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APPENDIX B
Guidelines For Determining Reasonable Suspicion
For Alcohol or Drug Use
1. General
"Reasonable Suspicion" exists when trained personnel substantiate specific, objective,
articulable observations concerning appearance, behavior, speech, body odor or other
indicators of probable drug or alcohol use.
2. Examines of Indicators Consistent with Alcohol and Drug 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.
i. A pattern of unexplained accidents and injuries
j. Arrests, citations and deferred prosecutions associated with drugs or alcohol (in
conjunction with other indicators fisted above)
k. A pattern of excessive absenteeism, late reporting or deterioration in work
performance(in conjunction with other indicators listed above)
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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.
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