HomeMy WebLinkAboutAgenda - 12-05-2005-5fORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 5, 2005
Action Agen~ a
Item No.
SUBJECT: Personnel Ordinance Revision -Drug and Alcohol Testing
DEPARTMENT: Personnel PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Draft Personnel Ordinance Revision
INFORMATION CONTACT:
Kathleen Gcodhand, Human Resources
Analyst, 919-245-2556
Elaine Holmes, Personnel Director,
919-245-2552
PURPOSE: To consider a revision to the Orange County Personnel Ordinance to implement
the new State law effective December 1, 2005 requiring that the County report any positive drag
ar alcohol test for an employee in a Federal Transportation Administration (FTA) safety
sensitive position to the North Carolina Division of Motor Vehicles.
BACKGROUND: As provided under N. C. General Statute 20-37.19, Section 1 effective
December 1, 2005, the employer of any employee subject to Federally Required Position
Coverage (FTA Safety Sensitive) who tests positive in a drug or alcahcl test is required to notify
the N,C. Divisicn of Motor Vehicles within five business days following the emplcyer's receipt of
confirmation of a positive test,
FTA Safety Sensitive positions are those positions subject to Federal Drug and Alcohcl testing.
This applies to any emplcyee who:
Operates a commercial motor vehicle and is subject to commercial driver's license (CDL)
requirements and
2. Performs or supervises the performance of certain functions related to mass transit.
The attached draft Personnel Ordinance revision implements the State law requirement,
FINANCIAL IMPACT: None
RECOMMENDATION(S): The Manager recommends that the Board approve the attached
Personnel Ordinance revision effective December 1, 2005,
Attachment
Draft Orange Gounty Personnel Ordinance Revision
Article III; Section 11.12 Drug and Alcohol Testing, Responsibilities
(Changes shown in bold type.)
11.0 Drug And Alcohol Testing
11.12 Responsibilities
c. The Personnel Depument:
• 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 County safety sensitive
under Orange County's safety sensitive definition and positions which are
identified as FTA safety sensitive by Federal Drug and Alcohol Testing
regulations.
• Reports any positive drug or alcohol test for an employee in a FTA safety
sensitive position to the State Division of Motor Vehicles (DMV) within five
business days following receipt of confirmation of a positive test. The
notice includes the driver's name, home address, driver's license number,
social security number and results of tire drug or alcohol test.
Note: Upon receipt of notice of a positive drug or alcohol test, the DMV
will disqualify the employee from operating a commercial motor vehicle or
other public transit vehicle until successful completion of treatment.
• Arranges for referrals to a substance abuse professional when a positive test or
refiisal to test occurs.
• Receives and conununicates 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 s}nnptoms of drug and alcohol
abuse, including the effects and consequences of dnig and alcohol abuse on
health, safety and the work place.
• Provides access to this policy and the corresponding federal regulations
including 49 CFR Pazts 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..