(A) All personnel policies of the county are hereby revised and amended to incorporate the 1994 DOT Final Rules. A copy of the Rules shall be filed with the County Clerk, and the same are hereby adopted by reference and made part of this section as if set forth in full herein.
(B) The County Judge is hereby directed to establish procedures to ensure compliance with the Rules, including the assignment of a designated representative responsible for the execution of the procedures.
(C) Any laboratory, medical review officer, substance abuse professional or other professional who receives payment for testing, evaluating, record keeping, or other services mandated by the Rules must be qualified according to the Rules and must perform the services in conformance with 49 CFR Part 40 and Part 382.
(D) Drug and alcohol testing will be administered to those employees mandated by the Rules, in the circumstances and in the manner mandated by the Rules.
(E) The penalty for refusal to take a mandated test for drugs or alcohol is immediate discharge.
(F) The penalty for a positive drug test result, once the time limit for requesting a second test of a split sample has expired, or upon receipt of a positive drug test result from the second test, is immediate discharge.
(G) The penalty for a positive alcohol test result is immediate discharge.
(H) Any employees whose initial drug test results are positive and who request a test of the second portion of the split sample will be suspended without pay until a time as the designated representative receives the results of the second split sample test, and the second test will be at the employee’s expense.
(I) A negative result from the second split sample drug test will render the first test invalid and the employee will be reinstated with back pay and reimbursement for the costs of the second test.
(J) Any employee suspected of unlawful use of drugs or abuse of alcohol while on duty as established by the Rules, or who is involved in an accident as defined in 49 CFR 390.4 by the Rules, and receives a citation for a moving traffic violation in this section, shall be suspended immediately with pay until the results of the drug or alcohol test are received by the designated representative.
(Ord. 95-16, passed 11-6-1995)