(A) Purpose. To establish a drug-free workplace program which will be in compliance with 803 KAR 25.280, the governing administrative service regulation for the commonwealth’s drug-free workplace certification program in the Commonwealth Department of Worker’s Claims.
(B) Scope. This section is applicable to all regular and part-time employees of the County Fiscal Court.
(C) Policy statement.
(1) The County Fiscal Court is committed to providing a safe work environment and to fostering the well-being and health of its employees as well as all citizens of the county.
(2) Commitment is jeopardized when any employee uses alcohol or illegal drugs on the job, comes to work under their influence, or possesses, distributes, or sells drugs in the workplace. The goal of this section is to balance respect for individual employees with the need to maintain a safe, productive, and drug-free work environment; while helping to ensure the safety of all citizens of the county and/or those people who may make use of the county’s facilities. The intent of the policy is to offer assistance to those who need it, while providing clear notice that the unlawful manufacture, distribution, dispensation, possession, or use of alcohol or a controlled or illicit drug in the workplace is incompatible with employment with the County Fiscal Court.
(3) Therefore, the unlawful manufacture, distribution, dispensation, possession, or use of alcohol or a controlled or illicit drug is prohibited in the workplace.
(4) Violations of this section are subject to disciplinary action up to and including termination of employment.
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, produced from any source or process.
CONSORTIUM. An entity, which may involve varied pools of employers and their employees, established to provide cost-effective services to employers to help the employers comply with drug-free workplace program requirements, and may provide employer education, supervisor training, and drug and alcohol testing at a reduced cost to the employers who choose to participate.
DRUG. A controlled substance as defined in KRS 218A.010(6) and as established in 802 KAR Ch. 55, including:
(a) Amphetamines;
(b) Cannabanoids/THC;
(c) Cocaine;
(d) Opiates;
(e) Phencyclidine (PCP);
(f) Benzodiazepines;
(g) Propoxyphene;
(h) Methaqualone;
(i) Methadone;
(j) Barbiturates;
(j) Synthetic narcotics;
(k) Illicit substances; and
(l) Volatile substances as defined in KRS 217.900(1), including any glue, cement, or paint or other substance containing a solvent or chemical having the property of releasing toxic vapors or fumes which when inhaled may cause a condition of intoxication, inebriation, stupefaction, dulling of the brain or nervous system, or distortion or disturbance of the auditory, visual, or mental processes.
DRUG OR ALCOHOL REHABILITATION PROGRAM. A service provider that provides confidential, timely, and expert identification, assessment, treatment, and resolution of employee drug or alcohol abuse.
DRUG TEST or TEST. A chemical, biological, or physical instrumental analysis administered by a qualified laboratory for the purpose of determining the presence or absence of a drug or its metabolites or alcohol pursuant to standards, procedures, and protocols established by the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (SAMHSA).
EMPLOYEE. Any person who works for salary, wages, or other remuneration for the County Fiscal Court.
EMPLOYEE ASSISTANCE PROGRAM. An established program providing:
(a) Professional assessment of employee personal concerns;
(b) Confidential and timely services to identify employee alcohol or drug abuse;
(c) Referral of employees for appropriate diagnosis, treatment, and assistance with regard to employee alcohol or substance abuse; and
(d) Follow-up services for employees who participate in a drug or alcohol rehabilitation program and are recommended for monitoring after returning to work.
EMPLOYER. The County Fiscal Court.
ILLICIT SUBSTANCE. As defined in KRS 351.010(m), means a prescription drug used illegally or in excess of therapeutic levels and also means an illegal drug.
MEDICAL REVIEW OFFICER or MRO. A licensed physician with knowledge of substance abuse disorders, laboratory testing, chain of custody, collection procedures, and the ability to verify positive, confirmed test results. The MRO shall possess the necessary medical training to interpret and evaluate a positive test result in relation to the person’s medical history or any other relevant biomedical information.
QUALIFIED LABORATORY. A laboratory certified in accordance with the National Laboratory Certification Program (NLCP), by the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (SAMHSA).
REASONABLE SUSPICION TESTING. Drug or alcohol testing that meets the requirements in division (G) below.
SUBSTANCE. Drugs or alcohol.
(E) Employee/supervisor alcohol and substance abuse education and awareness training.
(1) All employees, including supervisors, shall receive at least one hour of initial alcohol and substance abuse education and awareness training. Thereafter, all employees shall receive at least 30 minutes of refresher training each year. All training shall include, at a minimum, information concerning:
(a) The dangers of alcohol and drug abuse in the workplace;
(b) The employer’s policy of maintaining a drug-free workplace;
(c) The effects of alcohol and drug use on an individual’s health, work, and personal life;
(d) The disease of alcohol or drug addiction;
(e) Signs and symptoms of an alcohol or drug problem;
(f) Alcohol and drug testing;
(g) The role of coworkers and supervisors in addressing alcohol or drug abuse;
(h) Available drug counseling, rehabilitation, and employee assistance programs;
(i) Referrals to an employee assistance program; and
(j) Penalties for violation of the drug-free workplace policy.
(2) All supervisors shall receive, in addition to the training specified in division (A) above, at least 30 minutes each year of alcohol and substance abuse education and awareness training which shall include, at a minimum, information on:
(a) Recognizing the signs of employee alcohol or substance abuse;
(b) How to document signs or employee alcohol or substance abuse;
(c) How to refer employees to an employee assistance program or other alcohol or substance abuse treatment program; and
(d) Legal and practical aspects of reasonable suspicion testing for the presence of drugs and alcohol.
(3) Written materials explaining the policies and procedures of the drug-free workplace program shall be provided to employees as part of the training program.
(4) The employer shall annually verify that the frequency and duration of each employee and supervisor training session meets the requirements of this section.
(5) The employer shall annually verify that all employees have participated in the required alcohol and substance abuse education and awareness training program.
(F) Breath, alcohol, and urine testing.
(1) Job applicants and employees shall be required to submit for breath alcohol testing at the following times:
(a) After conditional offer of employment;
(b) Upon reasonable suspicion of prohibited alcohol use;
(c) Following an accident on the premises of the employer or in the course of employment on behalf of the employer that results in an injury requiring off-site medical attention; and
(d) At follow-up testing at least once per quarter for one year after the employee’s successful completion of an employee assistance program for alcohol-related problems, or an alcohol rehabilitation program, or as recommended by the person administering the alcohol rehabilitation program.
(2) Job applicants and employees shall be required to submit for urine drug testing at the following times:
(a) After conditional offer of employment;
(b) After being selected using a statistically valid, unannounced random method;
(c) Upon reasonable suspicion of prohibited drug use;
(d) At follow-up testing at least once per quarter for one year after the employee’s successful completion of an employee assistance program for drug-related problems, or a drug rehabilitation program, or recommended by the person administering the drug rehabilitation program; and
(e) Following an accident on the premises of the employer or in the course of employment for the employer that results in an injury requiring off-site medical attention.
(G) Reasonable suspicion training. Reasonable suspicion testing shall be based on a belief that an employee is using or has used drugs or alcohol in violation of the employer’s drug-free workplace policy or drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience, training, or education. Objective criteria include:
(1) While at work, direct observation of drug or alcohol use or of the physical symptoms or manifestations of being under the influence of a drug or alcohol;
(2) While at work, abnormal conduct, erratic behavior, or a significant deterioration in work performance;
(3) A report of drug or alcohol use provided by a reliable and credible source;
(4) Evidence that an employee has tampered with a drug or alcohol test during employment with the current employer;
(5) Information that an employee has caused, contributed to, or has been involved in an accident while at work; or
(6) Evidence that an employee has used, possessed, sold, solicited, or transferred illegal or illicit drugs or used alcohol while on the employer’s premises or while operating the employer’s vehicle, machinery, or equipment.
(H) Testing procedures.
(1) All drug and alcohol testing in the drug-free workplace program shall be conducted in accordance with applicable federal and state requirements, including requirements for participation in the drug-free workplace program set forth in 803 KAR 25.280.
(2) The collection of samples and administration of drug and alcohol tests shall follow all standards, procedures, and protocols set forth by the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Administration (SAMHSA).
(3) Test results will be obtained by a qualified laboratory as defined in division (D) above.
(4) The alcohol and drug testing program shall include the following minimum testing protocol.
(a) A breath alcohol concentration of .04 shall be the maximum acceptance level of concentration.
(b) An 11-panel urine test that shall include testing for the following substances:
1. Amphetamines;
2. Cannabanoids/THC;
3. Cocaine;
4. Opiates;
5. Phencyclidine (PCP);
6. Benzodiazepines;
7. Propoxyphene;
8. Methaqualone;
9. Methadone;
10. Barbiturates; and
11. Synthetic narcotics.
(I) Medical review officer.
(1) All test results shall be submitted for medical review by the medical review officer (MRO), who shall consider the medical history of the job applicant or employee, as well as other relevant biomedical information.
(2) If there is a positive test result, the job applicant or employee shall be given an opportunity to report to the MRO the use of any prescription or over-the-counter medication.
(3) If the MRO determines there is a legitimate medical explanation for a positive test result, the MRO may certify that the test result does not indicate the unauthorized use of alcohol or drugs.
(4) If the MRO determines, after appropriate review, there is not a medical explanation for the positive test result other than the unauthorized use of alcohol or drugs, the MRO shall refer the individual tested to an employee assistance program or to a personnel or administrative officer for further proceedings in accordance with the employer’s drug-free workplace program.
(5) Determinations concerning the use of alcohol or a controlled or illicit substance shall comply with all procedures outlined in the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (SAMHSA) “Medical Review Officer Manual for Federal Agency Workplace Drug Testing Programs”.
(J) Employee assistance program.
(1) The drug-free workplace program shall include an employee assistance program (EAP) for employees and supervisory personnel as defined in division (D) above.
(2) The employee assistance program may be provided as part of the employer’s personnel services, by an entity with which the employer contracts that provides EAP services or by participation in a consortium as defined in division (D) above.
(3) The employee assistance program shall provide services regardless of race, color, religion, national origin, disability, sex, or age.
(K) Consequences for violation of drug-free workplace policy.
(1) The employer shall allow all employees who receive a positive confirmed test for use of alcohol and/or drugs the opportunity to explain the test results to the appropriate medical review officer prior to taking an adverse action.
(2) Violation of the drug-free workplace policy may result in disciplinary action, including possible termination.
(L) Confidentiality of test results. Records of drug or alcohol test results, written or otherwise, received by the employer shall be confidential communications and shall not be disclosed by the employer to any party unless a written release of information is signed by the employee or release is ordered by a court of competent jurisdiction.
(M) Maintenance of records. The employer shall maintain controlled access at its place of business of the following records for review by the Commonwealth Labor Cabinet, Office of Worker’s Claims:
(1) Names and position titles of all employees and supervisory personnel trained under the drug-free workplace program; and
(2) The names of all persons who presented alcohol and substance abuse training for the program.
(N) Drug-free workplace statement.
(1) Each employee shall be provided a copy of a drug-free workplace statement.
(2) The statement shall:
(a) Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of alcohol or a controlled or illicit substance is prohibited in the workplace;
(b) Identify methods that may be used by the employer to determine if an employee has violated the prohibition;
(c) Specify actions that will be taken against employees for violation of the prohibition; and
(d) Each employee must acknowledge receipt and understanding of the statement
(O) Adoption of the county’s drug-free workplace program. The county’s drug-free workplace policy, which is similar in language to this section but contains more specific information regarding the overall operation of the county’s drug-free workplace program, is hereby adopted as a part of this section.
(Ord. 481, passed 6-17-2009; Ord. 564, passed 8-18-2015)