(A) The county is concerned with the public’s safety and workplace safety for our employees. This alcohol and drug abuse policy is designed to ensure that employees are fit for duty. The county believes that our employees in safety sensitive positions cannot safely operate vehicles while under the influence of any controlled substance or while under the influence of alcohol. This policy applies to all employees of the County Highway Department who perform safety sensitive jobs, including mechanics and employees who are required to hold a Commercial Drivers License (CDL), to perform their job function. This policy covers truck drivers, mechanics, heavy equipment operators, and any other positions that require a commercial driver’s license. Safety sensitive employees are expected and required to be in suitable mental and physical condition while at work, performing their jobs satisfactorily and behaving appropriately. When the use of alcohol and other drugs interfere with such expectations, an employees failure to meet these basic expectations could result in disciplinary action. It is for this purpose that the county has implemented the following Substance Abuse Policy which includes testing for the presence of drugs and alcohol. The intent of the county is to also ensure that the county is in compliance with federal law.
(B) This policy addresses the use of alcohol and illegal drugs or substances on many fronts. The use, possession, sale, purchase or transfer of unauthorized or illegal drugs or substances, or the abuse or misuse of legal drugs on county property, while on county business or while operating vehicles and equipment, is prohibited. Drinking alcoholic beverages resulting in having any measurable amount of alcohol, as defined in the federal regulations, in his or her system during working hours is prohibited, whether on or off county property. Working hours include all breaks. Off-duty use of drugs and alcohol is prohibited to the extent it affects an employee’s attendance or performance and his or her ability to pass required Department of Transportation (DOT) alcohol and controlled substance tests. Any violation of this policy is grounds for discipline, up to an including termination. To that extent, the provisions of this policy shall be deemed as additional requirements to the minimum requirements of the county personnel policy.
(C) Physician-directed use of drugs can affect behavior and performance. When such use of drugs adversely affects job performance or safety, it is in the best interest of the employee, co-workers, the public, and the county that the employee take sick, personal, or vacation days, or if necessary, unpaid leave in accordance with the personnel policies concerning requesting medical leaves.
(D) The county reserves the right to terminate any employee in a safety sensitive position who violates the County Drug and Alcohol Abuse Policy. Reporting to work under the influence of alcohol or nonprescribed drugs or using the same while on the job are listed as causes for disciplinary action as stated in § 33.128(E) of the county personnel policy. The Supervisor or his or her designee is authorized to implement this policy and program, including a periodic review of the program to address any problems, changes, and/or revisions of it, and maintenance of all records required by the federal regulations. The Supervisor or his or her designee is responsible for communicating this policy to all employees in safety sensitive positions and is accountable for its consistent enforcement.
(E) For purposes of this policy, a safety sensitive position shall be defined as a position which requires the employee to:
(1) Inspect equipment as required by the Federal Motor Carrier Safety Regulations (FMCSR’s), or otherwise inspecting, servicing or conditioning any commercial motor vehicle or County Highway Department vehicle at any time.
(2) Operate a commercial motor vehicle or County Highway Department vehicle, which requires, for its operation, a commercial drivers license (CDL).
(3) Spend time, other than driving time, on or in a commercial motor vehicle or a County Highway Department vehicle.
(4) Load or unload a commercial motor vehicle or a County Highway Department vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or giving receipts for shipments.
(5) Perform driver requirements associated with an accident.
(6) Repair, obtain assistance for, or remain in attendance upon a disabled vehicle.
(Res. 1998-02, passed 3-2-1998)