(A)   Policy.
      (1)   The county government has a vital interest in maintaining a safe, healthy and productive work environment for its employees and in protecting government property, equipment and operations. The county is also committed to protecting the safety and well-being of employees and citizens.
      (2)   Drug and alcohol abuse have no place in the county government. It is the intention of the county government to have zero tolerance of these abuses and will conduct programs of prevention and education to ensure that the county government maintains a drug- and alcohol-free environment.
      (3)   The county is committed to the community and region as a leader in providing quality and excellence in services to the public. The county’s concern for the well-being of its employees and community has resulted in a drug and alcohol abuse policy that has been carefully designed to fit its particular circumstances.
   (B)   Scope. This policy applies to all employees who receive compensation through the county payroll system.
   (C)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALCOHOL OR ALCOHOLIC BEVERAGE. Any beverage that may be legally sold and consumed that has an alcoholic content in excess of 0.5% by volume.
      COUNTY GOVERNMENT. For purposes of the drug and alcohol abuse policy only, as those persons, elected officials, appointed officials and offices who provide legally required programs and services and/or such other programs and/or services as are offered through the Board of Commissioners of the county or through any county office, that serves the public, in the county.
      DRUG. Any substance other than alcohol capable of altering the mood, perception, pain level or judgment of the individual consuming it.
      ILLEGAL DRUG. Any drug: which is not legally obtainable; or which is legally obtainable but has not been legally obtained. All substances listed in the federal controlled substances act or so-called “designer drugs” which have not been included in the federal controlled substances act or the misuse of other non-drug substances such as glue are covered by this definition. The term also includes prescribed drugs, legally obtained, but not being used for prescribed purposes.
      LEGAL OR PRESCRIPTION DRUG. Any prescribed drugs and over-the-counter drugs which have been legally obtained and are being used for the purpose for which they were prescribed or manufactured.
      UNDER THE INFLUENCE. For the purposes of this policy means that the employee is affected by a drug or alcoholic substance or the combination of a drug and alcohol in any detestable manner. The symptoms of influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of influence can be made by a variety of means including a professional opinion, assessment by designated trained personnel or a scientifically valid test.
   (D)   Application.
      (1)   The county government will not employ individuals who use any illegal drugs in any amount and regardless of frequency.
      (2)   Being under the influence of drugs or alcohol while performing county business or while on county premises is strictly prohibited.
      (3)   The use (other than prescribed or otherwise legally obtained drugs as specified below), sale, manufacture, trafficking, distribution, purchase, transfer, theft or possession of drugs and/or alcohol on county premises is strictly prohibited.
      (4)   An employee’s use of a legal drug while working can impose a significant risk to the safety of that employee or others.
      (5)   The use of a legally obtained drug is allowed, except to the extent such use may affect the safety of the employee, coworkers and others.
      (6)   It is recommended that employees make known to their immediate supervisors the use of such medication, including use either of a short- or long-term duration. This information will be recorded on the employee’s confidential personnel file for such employee.
   (E)   Employee assistance program. The county government will assist employees who request help with drug and alcohol dependency problems. An employee’s independent decision to seek assistance will not be used as a basis for disciplinary action, nor will it be a defense to or a mitigating factor in the imposition of appropriate disciplinary action, including termination for violation of any county government policy.
   (F)   Inspections and testing.
      (1)   Any county officeholder may conduct reasonable inspections on county premises, under his or her control, for illegal drugs or alcohol.
      (2)   Employee’s are expected to cooperate in such inspections. Inspections will be conducted in the presence of the employee, and will only be conducted when there is reasonable suspicion that an employee is in violation of this policy. An employee’s refusal to consent may result in disciplinary action, up to and including termination.
   (G)   Confidentiality of information obtained.
      (1)   Information obtained on individuals pursuant to this policy will be disclosed only to those persons having a legitimate need for, including medical providers, if necessary.
      (2)   Medical records pertaining to drug or alcohol testing are confidential and access to records shall be in accordance with existing policies.
   (H)   Disciplinary action.
      (1)   Violation of this policy will result in disciplinary action, up to and including termination.
      (2)   Off-the-job use, sale trafficking, distribution, purchase, transfer, theft or possession of illegal drugs which could adversely affect an employee’s job performance or jeopardize the safety of other employees or the county’s public image or reputation is also proper cause for disciplinary action, up to and including termination.
(Ord. 3-1991, passed - -1991)