HomeMy WebLinkAboutAgenda - 10-21-2002 - 5 ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 21, 2002
Action Agenda
Item No. 5
SUBJECT: Drug and Alcohol Policy and Employee Assistance Program
DEPARTMENT: Personnel PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Elaine Holmes, Personnel Director,
Extension 2550
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To receive information on and discuss the County's Drug and Alcohol Testing
policy and related Employee Assistance Program information.
BACKGROUND: In June 2002 the Board decided to schedule time at a fall work session to
discuss the County's Drug and Alcohol policy. Staff's understanding is that the Board wishes to
discuss the County's policy covering positive drug or alcohol tests and the fact there is some
different latitude within policy for handling a positive alcohol test as compared to a positive test
for illegal drugs.
Policy Development Background
As background, the County adopted its present Drug and Alcohol Testing Policy in January
1996. This occurred in follow up to new Federal rules issued by the Federal Department of
Transportation (FTA). Under the FTA rules, local governments are required to do drug and
alcohol testing for employees who perform certain transportation-related functions. The County
has positions in several departments including Aging/OPT, Public Works, Recreation and Parks
and Solid Waste that are covered under the FTA rules.
As part of the process of implementing the Federal drug and alcohol testing regulations and
considering the County policy, Personnel formed a representative employee task group to
provide input and direction in policy development. The Drug and Alcohol Task Group included
representatives from Aging/OPT, Commissioners' Office, Emergency Management, Human
Rights and Relations, Public Works, Purchasing and Central Services and Sheriff's Department
as well as the County's Employee Relations Consortium.
The task group examined specific issues including the scope of testing coverage and handling
of a positive test. In this process, the group solicited input on its recommendations from
department heads and members of the County's Employee Relations Consortium. Based on
input received, the task group developed the County Drug and Alcohol Testing policy. The
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Board of Commissioners approved the policy effective January 1, 1996.
Drug and Alcohol Testing
Among other things, the policy provides for the following drug and alcohol testing:
Test Type FTA Safety All County
Positions Sensitive* Employees
Pre-Employment Yes Yes No
Random Yes Paramedics No
Only
Post Accident (In Specified Circumstances) Yes Yes Yes
Reasonable Suspicion Yes Yes Yes
*As defined in policy.
Positive Test Result
As to a positive test, the policy provides:
1. In the case of a positive test for illegal drugs, the employee is dismissed in accordance with
the Personnel Ordinance.
2. In the case of a positive test for alcohol (if the Breath Alcohol Test indicates a 0.04 or
greater concentration of alcohol) and:
✓ The department head concludes that alcohol consumption occurred while on duty, the
employee is dismissed in accordance with the Personnel Ordinance.
✓ The department head concludes that alcohol consumption occurred while the employee
was off-duty, disciplinary action results and a mandatory referral for substance abuse
assessment and treatment is made to a substance abuse professional through the
County's Employee Assistance Program. Note: Depending on the circumstances the
disciplinary action may be dismissal.
3. In the case of a test for alcohol where the test result is between 0.02 and 0.04, the
employee must leave the work place and not report back for 24 hours and is counseled
about the requirement of reporting to work without the presence of alcohol in his or her
system. (In the case of a repeat test with the alcohol concentration level at this level, the
employee receives a disciplinary suspension and then, if it occurs again, is dismissed.
The reason the Drug and Alcohol Task Group had recommended a difference in the policy
between a positive test for alcohol as compared to a positive test for illegal drugs is that alcohol
consumption is legal and may occur off duty.
The FTA's minimum standard for handling a positive test requires that the employer remove the
employee from federally covered job responsibilities and make a mandatory referral to a drug or
alcohol treatment program. Upon successful completion of the treatment program (or with the
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substance abuse counselor's approval) and return to duty testing, the employee may be
allowed to return to work in covered duties. An employee returning to duty also is subject to
random follow up tests for up to five years. Individual employers may set all disciplinary
measures beyond the FTA's minimum standard.
During its policy development work, the Drug and Alcohol Task Group considered at length
what action the County should take in the instance of a positive drug or alcohol test. The Task
Group recommended the policy that was adopted as noted in Items 1, 2 and 3 above. The
Task Group noted that the County gives employees clear notice of its requirement that the work
place be free from illegal drugs and alcohol. Given this, the Task Group based its
recommendation on considerations of the potential risks, liability and lost work time in retaining
an employee who has tested positive for illegal drugs or alcohol and the desire for equity and
consistency in how employees are treated when there is a positive test.
For information, Attachment 1 is a survey of how other area public employers treat a positive
drug or alcohol test.
Training and Communication
Each new permanent employee is required to sign the County's Drug Free Work Place Policy
Affirmation form as a condition of employment. Among other things, this is required by
regulations covering Federal contractors. In New Employee Orientation, Personnel reviews the
County's Drug and Alcohol testing policy in detail. It also is covered in other employee
communications such as the Employee Handbook. Supervisors receive supervisory training on
the drug and alcohol policy, including determining reasonable suspicion.
Policy Revision
Over the next several months, Personnel will be developing a draft updated Drug and Alcohol
Testing Policy to reflect recent changes in FTA requirements. The Manager recommends that
the Board give staff direction on any questions or issues it would like staff to explore or address
in the update process. In connection with this, the County also will do an updated employee
communications program. Upon review with the Manager, he also suggests a revision at this
time in the Drug Free Work Place Affirmation form to assure employees are aware that the
effects of illegal drugs and alcohol can have extended duration in the body. Attachment 2 is a
draft revised Drug Free Work Place Affirmation form.
Employee Assistance Program
Under the County's Employee Assistance Program, each eligible employee receives up to three
visits per incident with an EAP counselor. In this connection, staff notes that the EAP has been
liberal in its definition of what constitutes an "incident."
In a situation involving substance abuse, the EAP Counselor makes an assessment and referral
if counseling or treatment beyond three visits is needed. The EAP does not provide on going
treatment of a substance abuse problem. The resources available for substance abuse
treatment are those provided through the County's health plans.
The Board had asked that staff inquire of the EAP program whether visits may be shared from
one employee to another such as is done for Shared Leave. Staff addressed this question to
the EAP and the EAP program responded that visits may not be shared.
FINANCIAL IMPACT: None
RECOMMENDATION(S): The Manager recommends that the Board discuss the policy and
provide staff with direction, as it desires, on any questions or issues to be addressed in
updating the Drug and Alcohol Testing policy.
Positive Drug and Alcohol Test Survey
Employer Positive Drug Test Positive Alcohol Test
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Subject to disciplinary action, including dismissal. If retained, Same
EAP assessment and treatment recommendations made. If
treatment recommendations not followed, dismissal. If job is
Alamance safety sensitive, removed from duty during treatment period
County and placed on leave without pay if no other job available.
Subject to random testing as recommended by treatment
provider.
First offense - Employee referred for substance abuse Same
treatment. Employee can return to work after completing
treatment and is tested 6 times over the next 12 months.
Carrboro
Second offense probably would result in dismissal. (Policy
now under revision.)
Disciplinary action, including dismissal, at Manager's Same
discretion. Employee's work history a factor in disciplinary
action. Employee referred to EAP for assistance, placed on
Leave without Pay until released to return to work or
dismissed.
Cary
If retained, may not return to work until he or she has a
negative test, may not drive a Town vehicle for one year and
subject to follow up testing for up to 5 years. If retained and
in FTA covered position, reassigned to non-FTA duties for a
minimum of 1 year.
a
Positive Drug and Alcohol Test Survey
Employer Positive Drug Test Positive Alcohol Test
Disciplinary action including dismissal or demotion. Normally, Disciplinary action including dismissal or demotion. 4
with first offense, suspension given from several days to two Normally, with first offense, suspension given from
weeks and loss of seniority. Employee may be dismissed on several days to two weeks and loss of seniority.
Chapel Hill first offense for severe cases (performance/conduct) where
drugs are involved.
With first offense, the employee is removed from covered With first offense, the employee is removed from
Chapel Hill responsibilities and referred to the EAP for treatment referral. covered responsibilities and referred to the EAP for
(Continued) Employee is allowed to return to covered duties following treatment referral. Employee is allowed to return to
completion of a treatment program. Subject to follow-up covered duties following completion of a treatment
testing. program. Subject to follow-up testing.
Dismissal Dismissal if alcohol level is .04 or above.
With a result of.02-.039, employee is suspended
Durham City without pay for at least 24 hours and referred for
treatment. After having a negative test, employee
allowed to return to work. Second occurrence results in
dismissal.
Submect to disciplinary action, placed on leave without pay Same
Durham and referred to EAP. May return to work after negative test
County
and release from EAP.
Dismissal for second offense.
Positive Drug and Alcohol Test Survey
Employer Positive Drug Test Positive Alcohol Test
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After first positive test result, employee is referred to the EAP After first positive test result (.04, or above), employee
for assessment and referral. If the employee does not is referred to the EAP for assessment and referral. If
consent to treatment or follow treatment plan, dismissal. the employee does not consent to treatment or follow
Employee is allowed to work during treatment, but must be treatment plan, dismissal. Employee is allowed to work
removed from any FTA covered job duties. After completing during treatment, but must be removed from any FTA
Raleigh treatment program and negative test, employee is allowed to covered duties and reassigned if necessary. After
return to regular duties. completing treatment program, employee is allowed to
return to regular duties.
Second offense within 2 years results in dismissal.
Second offense within 2 years results in dismissal.
Individual State agency may decide on policy and there is a Individual State agency may decide on policy and there
State of NC wide range of policies among the State agencies. is a wide range of policies among the State agencies.
Testing limited to FTA covered employees. Subject to Testing limited to FTA covered employees. Subject to
disciplinary action, including dismissal. disciplinary action including dismissal. An employee
UNC- Chapel who has an alcohol test that results in a reading of .02
Hill but less than .04 is removed from safety sensitive tasks
for at least a 24-hr period. r,
Subject to disciplinary action, including dismissal at No alcohol policy.
Wake County department head discretion. Action dependent on
circumstances.
Positive Drug and Alcohol Test Survey
Employer Positive Drug Test Positive Alcohol Test
Dismissal If an employee tests .04 or greater and alcohol is found y
to have been consumed on duty, employee is
dismissed. If consumption determined to have
occurred while off duty, subject to disciplinary action
that may include dismissal.
Orange County
If results are between .02 and .04, employee is
removed from duty for 24 hrs. Employee is counseled
about working without alcohol. If this is a second
occurrence, employee receives a disciplinary
suspension, third time is dismissal.
g
Attachment 2
Orange County
Employee Drug-Free Workplace Policy
Affirmation Form
Policy
Its employees are Orange County Government's most valuable resource and, therefore, their
health and safety is a serious concern. Orange County will not tolerate substance abuse or use
which imperils the health and well-being of its employee or threatens its service to the public.
Furthermore, employees have a right to work in a drug and alcohol free environment and with
persons free from the effect of drug or alcohol abuse. It is the policy of Orange County to
maintain a workforce free of substance abuse.
1. Reporting to work or performing work for the county while impaired by or under the influence
of any intoxicant, drug or chemical which interferes with the employee's work performance or
which might adversely affect safety is prohibited.
2. The illegal use, possession, dispensation, distribution, manufacture or sale of controlled
substances by employees at the worksite, during work hours or while the employee is on
duty, on official county business or when on stand-by duty is prohibited.
3. Violation of such prohibitions by County employees is considered conduct detrimental to
county service and will result in disciplinary action in accordance with the Personnel
Ordinance provisions related to unacceptable personal conduct.
4. Employees are required to notify the employing department head or designee within five.
days of any criminal drug statute conviction where such conviction was due to an occurrence
at the worksite, during work hours, or while on duty, official business, or stand-by duty. An
employee who is convicted of violating any criminal drug statute in such workplace situations
as stated above will be subject to disciplinary action in accordance with the Personnel
Ordinance provisions related to unacceptable personal conduct.
5. Departments that receive federal grants must, in turn, report any such criminal drug statute
convictions as stated above of an employee in that department covered by federal grants to
federal agencies from which grants are received within 10 days after receiving notice from
the employee or otherwise receiving actual notice of such conviction.
6. Employees will be given a copy of the Drug-Free Workplace Policy. Employees will be
informed that they must abide by the terms of the policy as a condition of employment and
of the consequences of any violation of such policy.
Drug and Alcohol Testing
7. Orange County conducts drug and alcohol tests as provided in policy, including:
• Random testing for employees whose position are covered by FTA regulations or who
drive emergency response vehicles.
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• Reasonable suspicion testing for any employee when trained personnel observe
behavior on the job that is characteristic of alcohol or drug misuse.
• Post Accident Testing when an employee is involved in certain types of motor vehicle
accidents.
8. An employee who has a positive drug test is dismissed in accordance with the Personnel
Ordinance.
9. An employee who has a positive alcohol test is dismissed if the department head determines
consumption occurred while on duty. If the department head determines consumption
occurred while off duty, disciplinary action results in accordance with this Ordinance, which
may include dismissal.
10.It is the employee's responsibility to assure that he or she does not report to work under the
influence of illegal drugs or alcohol. Each employee should be aware that both alcohol and
drugs can have extended duration in the body, including in certain instances illegal drugs
lasting for 30 days or more.
Affirmation of Policy
As an employee for Orange County, I affirm that I have read and understand the meaning of the
above Drug-Free Workplace Policy as outlined in this form. I am aware that I must abide by the
provisions of this policy which is mandated by the Federal Drug-Free Workplace Act and the
County's Drug Free Work Place and Drug and Alcohol Testing policy and that a violation of this
policy will result in disciplinary action, including dismissal, as stated above.
Employee Name:
Department:
Position Title:
(Employee Signature) (Date)
rev. 10/02
k:policy.doc