(A) Purpose and goal.
(1) The County Fiscal Court (FCFC) is committed to protecting the safety, health and well- being of all employees and other individuals in our workplace. FCFC recognizes that alcohol abuse and drug use pose a significant threat to county goals. In the interest of assuring the safety of the general public by employing persons in safety sensitive positions that do not abuse illicit substances, illegal drugs and alcohol, this drug-free workplace policy establishes the balance of respect for individuals with the need to maintain an alcohol- and drug-free environment.
(2) Likewise, it is FCFC’s additional purpose(s) and intent to accomplish the following with the establishment of this policy:
(a) To comply with all requirements of 803 KAR 25:280 regarding the establishment and maintenance of a drug-free workplace for the purposes of obtaining certification from the Department of Worker’s Claims;
(b) As a recipient of federal funds, to comply with the Drug-Free Workplace Act of 1988 (Pub. Law No. 100-690, Title V, Schedule D, being 41 U.S.C. Chapter 81);
(c) To comply with the Federal Department of Transportation regulations regarding employees holding commercial driver’s licenses (CDL);
(d) To reduce the number of accidents and injuries to employees, other persons and property;
(e) To reduce absenteeism and tardiness and to increase the productivity of all employees of the county; and
(f) To help ensure that the reputation of FCFC as a whole and of the employees throughout the community.
(3) It is with these stated goals in mind that the County Fiscal Court issues this policy, declaring itself a drug- and alcohol-free workplace and hereby issues these accompanying rules regarding drug and alcohol use in the workplace for the County Fiscal Court.
(4) The unlawful manufacture, distribution, dispensation, possession or use of alcohol or a controlled or illicit substance is prohibited in the workplace.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENT. An unexpected and undesirable event resulting in damage or harm. For the purposes of this policy, the resulting damage or harm may constitute an injury which requires off-site medical attention be given to a person or damage to a vehicle or other property, including worker’s compensation injuries. Any such incident resulting in the need for a reasonable person to file a police report shall be considered cause for post-accident drug/alcohol testing of the involved employee.
ALCOHOL. Any intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols, including methyl or isopropyl alcohol. This includes over-the-counter and prescribed medications which contain more than 0.5% of alcohol by volume.
ALCOHOL CONCENTRATION. The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test.
COMMERCIAL MOTOR VEHICLE. A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property.
CONTROLLED SUBSTANCE. Has the meaning as assigned by the Controlled Substance Act, being 21 U.S.C. § 802 and includes all substances listed on Schedule I through V, being 21 U.S.C.
§ 812, as they may be revised from time to time (21 C.F.R. part 1308, being §§ 1308.11 through 1308.15). See also DRUG.
DRIVER. Any person who operates a commercial motor vehicle or county owned vehicle. This includes, but is not limited to: full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to any employer or who operates a commercial motor vehicle at the direction of or with the consent of an employer.
DRUG. A controlled substance as defined in KRS 218A.010(15) and as established in 902 KAR Ch. 55, including:
(a) Amphetamines;
(b) Marijuana metabolite;
(c) Cocaine;
(d) Opiates;
(e) Phencyclidine (PCP);
(f) Benzodiazepines;
(g) Propoxyphene;
(h) URN Creatinine;
(i) Methadone; and
(j) Barbiturates.
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. 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. An individual employed by the county.
ILLICIT SUBSTANCE. Prescription drugs used illegally or in excess of therapeutic levels as well as illegal drugs.
MEDICAL REVIEW OFFICER (MRO). A licensed physician with knowledge of substance abuse disorders, laboratory testing and chain of custody collection procedures, and who has 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).
RANDOM SELECTION PROCESS. The alcohol and drug tests are unannounced. Tests conducted annually for employees who are CDL drivers shall equal or exceed 25% for alcohol tests and 50% for drug tests of the total number of drivers subject to testing.
REASONABLE SUSPICION. A belief that an employee is using or has used drugs or alcohol in violation of this policy, drawn from specific, objective and articulable facts and reasonable inferences drawn from those facts in light of experience, training or education. REASONABLE SUSPICION may be determined by two or more supervisory personnel who will attest to their observations. The County Judge/Executive or his or her designee will make the final determination.
REFUSAL TO SUBMIT. The failure to provide adequate breath for testing without a valid medical explanation after the employee has received notice of the requirement for breath testing; refusal to take the required test(s) or the failure to provide adequate urine for controlled substances testing without a valid medical explanation after the employee receives notice of the requirement of urine testing; and/or engaging in conduct that clearly obstructs the testing process.
SAFETY SENSITIVE POSITION(S).
(a) Those positions identified as SAFETY SENSITIVE include, but not limited to:
1. County Sheriff’s office employees;
2. County jail employees;
3. Heavy and light equipment operators;
4. Personnel driving CDL regulated vehicles;
5. Mechanics who work on these regulated vehicles; and
6. Any personnel operating FCFC owned vehicles.
(b) Note: the positions identified above as being “safety sensitive” include, but are not limited to, those regulated under 49 C.F.R. part 40, being §§ 40.1 through 40.413. While this program includes those federally mandated employees, this drug- and alcohol-free workplace policy is not intended to replace and shall be separate from any drug- and alcohol-free workplace policy previously adopted and implemented by FCFC which may have included only federally regulated employees.
SUBSTANCE ABUSE PROFESSIONAL. A licensed or certified psychologist, social worker, employee assistance professional or addition counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
VOLATILE SUBSTANCE. Any glue, cement, paint or other substance as described in KRS 217.900(1).
(C) Covered workers. Designated County Fiscal Court employees and those individuals applying for a position are covered by the drug-free workplace policy. This policy includes, but is not limited to, supervisors, full-time employees, part-time employees, off-site employees and applicants.
(D) Applicability. This policy applies during all working hours, while on call or paid standby and while performing work on behalf of FCFC while on or off FCFC property. Additionally, applicants for such county employment are subject to pre-employment drug testing. It also applies to all FCFC employees with special provisions designated to those employees identified as holding safety sensitive positions.
(E) Policy requirements.
(1) Training. The County Fiscal Court shall conduct substance abuse awareness training for all employees. This substance abuse awareness training shall consist of the following minimum requirements.
(a) Upon a conditional offer of employment from the county, each applicant shall be provided a copy of and will be asked to read the Court’s drug- and alcohol-free workplace policy. All current employees will also be asked to read the drug- and alcohol-free workplace policy and sign the certification of acknowledgment - drug- and alcohol-free workplace policies and procedures form.
(b) Initial training shall consist of at least one hour for all employees.
(c) Annual refresher training shall be conducted for all employees in substance abuse awareness and shall consist of no less than 30 minutes.
(d) All alcohol and substance abuse awareness training shall include, at a minimum, information concerning:
1. Alcohol and drug testing policy and procedures; effects of alcohol and drug use on an individual’s health, work and personal life;
2. Disease of alcohol or drug addiction;
3. Signs and symptoms of an alcohol and drug problem;
4. Role of co-workers and supervisors in addressing alcohol or substance abuse; and
5. Referrals to an employee assistance program.
(e) In addition to all of the above training, all supervisory personnel shall receive an additional 30 minutes each year of alcohol and substance abuse education and awareness training. This additional supervisory training will be documented, using the supervisory training certification certificate. This additional supervisory training shall consist of at least, all of the following:
1. Recognizing the signs of alcohol and substance abuse in the workplace;
2. How to document signs of employee alcohol or substance abuse;
3. How to refer employees to the employee assistance program or other alcohol and substance abuse treatment program; and
4. Legal and practical aspects of reasonable suspicion testing for the presence of drugs and alcohol.
(f) Note: should any portion of this policy dealing with the actual administration of this policy be amended, employees shall be provided with copies of any administrative change or modification and given an opportunity to ask questions and obtain answers regarding any administrative change(s) in this policy. However, changes may not be made to the policy that would circumvent any requirements associated with 803 KAR 25:280.
(2) Drug and alcohol testing.
(a) The county currently utilizes the drug testing company contracted by the county as its laboratory of choice for the collection of urine samples in the case of testing for controlled substances, and for the administration of breathalyzer tests for alcohol concentration. The drug testing facility is also the county’s third-party administrator of choice for the random selection category of testing.
(b) Employees are selected by the drug testing company using a statistically valid method of selection of specific employee codes. This random testing will be reasonably spaced over a 12-month period. Because of the random nature of the selection process, any employee may be tested more than once, or not at all. Once collected, all urine samples are forwarded for analysis to a testing facility contracted by the county’s drug testing company, which is a laboratory approved by the National Laboratory Certification Program (NLCP) under the United States Department of Health and Mental Services Substance Abuse and Mental Health Services Administration (SAMHSA).
(c) The county shall administer alcohol and drug tests in circumstances which include, but may not be limited to, the following.
1. Pre-employment testing.
a. Breath alcohol and urine drug testing shall be required of all new hire applicants after their receipt of a conditional offer of employment. After receiving the conditional offer of employment, applicants will have 24 hours in which to submit to testing at a testing facility of FCFC’s choosing. The FCFC requires that every newly hired employee test free of controlled substances and have a breath alcohol concentration of not more than zero. Each offer of employment by FCFC shall be conditional upon the passing of controlled substance and alcohol tests.
b. Refusal by any applicant for employment with FCFC to take the controlled substance test will result in the conditional offer of employment being withdrawn. All testing under this policy will be in accordance with testing protocols described elsewhere in this policy.
i. Any applicant with a confirmed positive test for controlled substances and/or breath alcohol in a concentration of 0.02 or greater which is not legitimately explained to and accepted by a medical review officer, will not be considered for employment.
ii. Any applicant who fails a controlled substance or breath alcohol test may not be considered for future employment with FCFC.
iii. Any applicant who refuses to take a controlled substance or breath alcohol test will be disqualified from future consideration for employment.
iv. Any applicant who tampers with, or attempts to tamper with, a urine specimen in any manner shall be disqualified from current and future consideration of employment with the FCFC.
v. Any applicant whose positive test is confirmed and upheld by the medical review officer (MRO) may request that the same sample be retested at her or his own expense at a FCFC approved laboratory.
c. Individuals undergoing pre-employment testing shall not begin official employment with the FCFC until after all test results are received and shown to be negative. Upon receipt of the test result, positive or negative, the County Judge/Executive or his or her designee shall inform the appropriate department head of the results.
2. Random testing.
a. Employees in a safety sensitive position will be required to participate in a statistically valid, unannounced random selection process, which will subject them to mandatory drug and/or alcohol testing. This category of testing will conduct random tests for alcohol at a rate of no more than 10% for non-federally regulated safety sensitive positions. Employees holding positions in which a commercial driver’s license (CDL) is required, must also be tested at a minimum rate of 10% for alcohol annually to satisfy Department of Transportation (DOT) requirements.
b. In the case of random testing for drug use, non-federally regulated safety sensitive positions will be tested at a rate of no more than 10%. Employees holding positions in which a CDL is required, must be tested for drugs at a rate of 50% annually to satisfy DOT requirements. All employees in federally regulated safety sensitive positions shall be selected from a pool that is separate from the random selection pool for other non-federally regulated safety sensitive positions.
c. The County Fiscal Court shall utilize a third party to conduct the random selection of safety sensitive employees, including employees holding a CDL, to be tested. This random testing shall be unannounced and will take place throughout each calendar year. Safety sensitive employees are selected by a third party administrator using a statistically valid, random method of selection using specific employee codes. Because of the random nature of this testing process, safety sensitive employees may be selected for testing more than once or not at all. Once an employee is notified that he or she has been selected for testing, the employee must proceed immediately to the testing site of FCFC’s choosing.
d. Note: employees in non-safety sensitive positions will not be included in the random selection pool. However, non-safety sensitive employees will be subject to testing for other reasons. Procedures and protocols for “reasonable suspicion”, “post accident”, “return-to-duty” and “follow-up” testing, all of which testing types are described elsewhere in this policy will apply in their case.
3. Reasonable suspicion testing.
a. A reasonable suspicion test shall be based on a belief that an employee is using or has used drugs or alcohol in violation of this policy, drawn from specific objective facts and reasonable inferences drawn from those facts in light of experience, training or education. The reasonable suspicion testing shall be based upon:
i. 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;
ii. While at work, abnormal conduct, erratic behavior or a significant deterioration in work performance;
iii. A report of drug or alcohol use provided by a reliable and credible source;
iv. Evidence that an individual has tampered with a drug or alcohol test during employment with the FCFC;
v. Information that an employee has caused, contributed to or been involved in an accident while at work; and
vi. Evidence that an employee has used, possessed, sold, solicited or transferred illegal or illicit drugs or used alcohol while on FCFC’s premises or while operating FCFC’s vehicle, machinery or equipment.
b. The County Judge/Executive or his or her designee shall be notified immediately of any indication of reasonable suspicion. Both the observing department supervisor and the County Judge/Executive, or his or her representative, will review the policies and procedures herein and, if necessary, make arrangements with a testing facility of FCFC’s choosing to conduct reasonable suspicion drug and/or alcohol testing as soon as possible. If a representative from the office of the County Judge/Executive is not available, the observing supervisor shall obtain the assistance of another FCFC supervisor or other credible and reliable source and, together, they shall complete the reasonable suspicion form, and forward it to the County Judge/Executive or his or her designee. If, after completing the form, it is determined that there is, in fact, reasonable suspicion that the employee is under the influence of drugs and/or alcohol, the observing supervisor or his or her designee will notify the employee and accompany him or her to the testing site.
c. When a reasonable suspicion test is ordered, the employee must submit to testing within 45 minutes of being notified that he or she will be tested. The observing supervisor and/or designee shall remain at the testing site with the employee being tested, until the collection process is completed. Any employee who is tested for reasonable suspicion shall be placed on leave with pay until the results of the test are known. After submitting to the drug/alcohol test, the employee may not return to work until the results of the test are known and only then if the results are negative. Only the County Judge/Executive or his or her authorized designee may order a reasonable suspicion test.
4. Post-accident testing. Drug and alcohol testing will be conducted following an employee’s involvement in an accident in which property damage occurs, on or off FCFC’s premises while on duty or in the course of employment for FCFC, or which requires off-site medical attention be administered to a person.
5. Qualifying event exception.
a. Due to varying types of accident causes, all accidents categorized as a “qualifying event” may not require post-accident testing. Exceptions to the “qualifying event” for requiring post-accident drug and alcohol testing will include, but may not be limited to the following types of accidents:
i. Injuries whose onset is cumulative or gradual, such as carpel tunnel syndrome, progressive hearing loss, mental disorders, dermatitis, respiratory diseases, skin disorders and the like; and
ii. Injuries where the employee can be completely discounted as the major contributing factor or those injuries occurring during physical fitness or a training event, in which the employee did everything within reason to avoid the injury accident (i.e., was performing training as instructed).
b. In each case, the County Judge/Executive or his or her designee shall determine the necessity of drug and alcohol testing and shall communicate such testing with the involved employee and the employee’s respective department head. The County Judge/Executive or his or her designee shall coordinate all required tests with the appropriate medical facilities.
c. An employee involved in an accident while on an out-of-town assignment shall notify his or her department director or the director’s designee as soon as possible, but no later than two hours after the accident occurred. The department director shall notify the County Judge/Executive or her or his designee to discuss possible drug/alcohol testing requirements.
6. Other qualifying event. The department director or his or her designee shall request controlled substance/breath alcohol testing when an employee caused or cannot be completely discounted from causing a vehicular or any other type of accident in which death, serious bodily injury or major property damage did result or could have resulted. If a post-accident-controlled substance/breath alcohol test is required, a confirmed positive test result will result in employee discipline, up to and including termination.
7. Return-to-duty testing.
a. The County Fiscal Court maintains a treatment-oriented policy for drugs and/or alcohol. Once selected for a drug or alcohol test, should the test be positive, without a valid medical or bio-medical reason as confirmed by a medical review officer, he or she will immediately be referred to treatment, intervention and possible termination of employment.
b. Only in circumstances in which the employee voluntarily elects to seek assistance for a substance abuse problem through the employee assistance program prior to being selected for a test, completes whatever form of treatment a substance abuse professional recommends and is willing to sign a return to work/treatment plan agreement, will FCFC consider allowing the employee to return to work after treatment is successfully completed as confirmed by a substance abuse professional.
c. In all cases, it shall be at the discretion of the FCFC subject to all applicable laws and regulations, as to whether to allow an employee to return to work. In the event that an employee who has voluntarily sought assistance, prior to being selected for a controlled substance or breath alcohol test is allowed to enter a controlled substance/alcohol abuse rehabilitation program, the employee may be allowed to return to work only under the following circumstances.
i. The employee may resume regular duties only after the employee tests negative in an alcohol and/or controlled substance test administered by the FCFC-approved laboratory and can provide a release to return to work from an appropriate substance abuse treatment facility or confirmation of continued and on-going participation in a FCFC recognized substance abuse assistance program. An employee must test negative within a reasonable period of time from receipt of the initial test results not to exceed 45 days. Any repeat occurrence of substance abuse or violation of any other aspect of the FCFC’s drug-free workplace policy will result in immediate termination.
ii. Prior to returning to work, the employee shall be required to meet with the County Judge/Executive or his or her authorized designee to receive an explanation of the terms of continued employment; and to sign a written return-to-work/treatment plan agreement, detailing the terms under which the employee will be allowed to return to work. Such agreement shall stipulate that the employee, at the county’s request, may be required at any time, to submit to interviews and/or evaluation by the professional staff at an appropriate chemical dependency treatment facility approved by the FCFC’s employee assistance program (EAP). The return-to-work agreement will also stipulate that the employee be required to submit to unannounced controlled substance and/or alcohol testing for up to 12 months after resuming duties.
8. Follow-up testing. Any employee returning to work from successful completion of the employee assistance program for drug- and/or alcohol-related problems, or a drug and/or alcohol rehabilitation program, shall be required to undergo one year of quarterly drug and alcohol testing. The frequency of the follow-up testing shall consider recommendations of any involved substance abuse professional (SAP), but shall be not less than once per quarter (every three months) for at least one year. All follow-up testing may be requested at any time and shall be unannounced.
9. Testing protocol.
a. The collection of samples and administration or 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). Test results will be obtained by a qualified laboratory as defined elsewhere in this policy and results shall undergo a medical review as follows.
i. All test results shall be submitted for medical review by a medical review officer (MRO) of the county’s choosing, who shall consider the medical history of the employee or applicant, as well as relevant biomedical information.
ii. If there is a positive test result, the employee or applicant will be given an opportunity to report to the MRO the use of any prescription or over-the-counter medication.
iii. If the MRO determines that there is a legitimate medical explanation for a positive test result, the MRO may certify that the test results do not indicate the unauthorized use of alcohol or a controlled substance.
iv. If the MRO determines, after appropriate review, that there is not a medical explanation for the positive test result other than the unauthorized use of alcohol or a prohibited drug, the MRO shall refer the individual tested to the County Judge/Executive or his or her authorized representative for further proceedings in accordance with FCFC’s drug-free workplace policy.
b. Note: MRO 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 (SAMHSA)’s Medical Review Officer Manual for Federal Drug Testing Programs.
10. Testing process.
a. Employees shall report to the collection site of FCFC’s choosing immediately after being provided the notification to test. In the case of reasonable suspicion testing, a supervisor or designee shall escort the employee to the collection site. Drug testing will be conducted by urine sample while alcohol testing will be analyzed using a breath alcohol testing/screening device. Drug and alcohol analysis will be performed by a trained technician.
b. To ensure that the test specimen is actually that of the donor, collection site staff will require positive identification of the test subject.
c. To ensure the accuracy and fairness of our testing program, all testing will be conducted according to Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines where applicable and will include a screening test; a confirmation test; the opportunity for a split sample; review by a medical review officer, including the opportunity for employees who test positive to provide a legitimate medical explanation, such as a physician’s prescription, for the positive result; and a documented chain of custody.
d. All drug-testing information will be maintained in separate confidential records.
(3) Alcohol. The County Fiscal Court shall require all tests for alcohol to be performed by a certified breath alcohol technician (BAT).
(4) Drugs.
(a) An 11-panel urine test will be conducted and shall include analysis for the following substances:
1. Amphetamines;
2. Marijuana metabolite;
3. Cocaine;
4. Opiates;
5. Phencyclidine (PCP);
6. Benzodiazepines;
7. Propoxyphene;
8. URN creatinine;
9. Methadone; and
10. Barbiturates.
(b) Each employee, as a condition of employment, will be required to participate in pre-employment, post-accident, reasonable suspicion, return-to-duty and follow-up testing upon selection or request of management. Safety sensitive employees will be required to participate in all of the above, including random testing.
(c) Any employee who tests positive will be immediately removed from duty, referred to a substance abuse professional for assessment and recommendations, required to pass a return-to-duty test and sign a return-to-work agreement, subject to ongoing, unannounced, follow-up testing for a period of five years and terminated immediately if he or she tests positive a second time or violates the return-to-work agreement.
(d) An employee will be subject to the immediate termination of employment if he or she refuses the screening or the test, adulterates or dilutes the specimen, substitutes the specimen with that from another person or sends an imposter, fails or declines to take a second drug test when directed, will not sign the required forms or refuses to cooperate in the testing process in such a way that prevents completion of the test.
(5) Prohibited behavior.
(a) It is a violation of the drug-free workplace policy to use, possess, sell, trade and/or offer for sale alcohol, illegal drugs or intoxicants.
(b) Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician’s prescription. Any employee taking prescribed or over-the- counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of his or her job. If the use of a medication could compromise the safety of the employee, fellow employees or the public, it is the employee’s responsibility to use appropriate personnel procedures (e.g., call in sick, use leave, request change of duty, notify supervisor, notify company doctor) to avoid unsafe workplace practices.
(c) The illegal or unauthorized use of prescription drugs is prohibited. It is a violation of the FCFC’s drug-free workplace policy to intentionally misuse and/or abuse prescription medications. Appropriate disciplinary action will be taken if job performance deterioration and/or other accidents occur.
(d) The County Fiscal Court reserves the right to define and interpret prohibited activities that specifically include, but may not be limited to:
1. Alcohol.
a. Prohibited conduct involving the use of alcohol includes the following:
i. The performance of or being immediately available to perform work duties while having an alcohol concentration greater than 0.02;
ii. The consumption of alcohol or products containing alcohol during the performance of or being immediately available to perform work responsibilities;
iii. In the case of safety sensitive employees, containing alcohol during the performance of or being immediately able to perform safety sensitive work responsibilities. This includes the possession of medicines containing alcohol (prescription or over-the-counter) unless the seal is unbroken and/or the medication is prescribed by a licensed physician, and said physician has confirmed the necessity of the safety sensitive employees’ said possession of the prescribed substance containing alcohol and has confirmed that the use of such substance will not deter from the employee’s ability to safely perform assigned safety sensitive responsibilities, in the latter case, a prescription drug notification form must be on file with the County Judge/Executive or his or her designee;
iv. The performance of, or being immediately available to perform those responsibilities designated as safety sensitive, within four hours after using alcohol;
v. The transportation and/or possession of alcoholic beverages (open or closed containers) within FCFC-owned vehicles or equipment. Note: law enforcement personnel functioning within the scope of their assigned duties shall be considered exempt from this prohibition as deemed necessary by their respective department head(s);
vi. The use of alcohol for eight hours immediately following an accident requiring a post-accident alcohol test or until a post-accident test is administered, whichever occurs first; and
vii. Refusal to submit or cooperate with any of the required testing types.
b. The operation of a FCFC-owned vehicle following consumption of alcoholic beverages shall be considered a violation of this policy and shall result in discipline, up to and including termination.
c. Note: employees attending training programs and/or conferences related to their employment with FCFC may participate in social functions associated with the program or conference. If alcoholic beverages are present at the social function and the employee chooses to engage in consumption of said beverage(s), he or she shall do so at his or her own discretion. Employees who choose to engage in the consumption of alcoholic beverages as part of a work-related social function shall do so in a responsible manner, maintaining a conduct that would not reflect adversely upon the FCFC. Any unbecoming conduct by an employee who has chosen to consume alcohol at such conference or training program that has an adverse effect upon the FCFC will be subject to disciplinary action up to and including termination of employment.
2. Notification of convictions. Employees are hereby notified that they shall inform the County Judge/Executive or his or her authorized designee, of any criminal charge or conviction within five days of said charge or conviction. The County Judge/Executive shall take appropriate action within 30 days.
3. Drugs or controlled substances. Prohibited conduct involving the use of drugs or controlled substances includes, but may not be limited to, the following:
a. Possession of prescription and over-the-counter drugs when the drugs exceed the standard dosage and/or not in accordance with the physician’s prescription. However, any safety sensitive employee taking prescribed or over-the-counter medications will, in all cases, be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with the safe performance of his or her safety sensitive job duties. Prior to initiating usage after such medications are prescribed, the safety sensitive employee shall submit a prescription drug notification form to his or her immediate supervisor who shall in turn, submit it to the County Judge/ Executive or his or her designee as soon as possible.
i. After receiving such form, the County Judge/Executive or his or her authorized designee may request written medical authorization showing the safety sensitive employee may possess/use such medication, that it was used in the prescribed manner and showing the safety sensitive employee is fit to safely perform safety sensitive assigned duties. If the use of such medication could compromise the safety of the safety sensitive employee, fellow employees or the public at large, it is the safety sensitive employee’s responsibility to use appropriate personnel procedures (e.g., call in sick, use leave, request change of duty and notify his or her supervisor) to avoid unsafe workplace practices. No prescription drugs shall be brought onto FCFC property, or consumed on county property by anyone other than the individual for whom the drugs have been prescribed by a licensed medical practitioner. The illegal or unauthorized use of prescription drugs is strictly prohibited. It is a violation of the FCFC’s drug-free workplace policy to intentionally misuse and/or abuse prescription medications.
ii. Any intentional misuse and/or abuse of prescription medication will result in termination.
iii. FCFC reserves the right to have a designated physician of its choosing to determine if a prescription drug or medication produces effects that would be considered unacceptable in the performance of assigned safety sensitive work duties. The designated physician has final determination on whether the medication will have or is having an unacceptable effect on the safety sensitive employee’s performance of duties. In such instances of temporary impediment to safe performance of regular safety sensitive duties, the safety sensitive employee may be temporarily reassigned to duties requiring a lesser safety awareness level if such duties are available.
iv. All doctor’s statements and related medical information shall be confidential and maintained in a separate medical file in the Human Resources office.
b. Testing positive for any of the prohibited substances during the performance of or immediately prior to or during the performance of work responsibilities.
c. Refusal (as defined elsewhere in this policy) to cooperate with any of the requested testing types.
d. Tampering with or attempting to alter, or actual altering of a test specimen is strictly prohibited and is grounds for immediate termination from employment with the FCFC.
4. Volatile substances. The intentional misuse, manufacture, sale, distribution, dispensation or possession of a volatile substance as defined in KRS 217.900 which includes any glue, cement, paint or other substance containing a solvent or chemical having the property of releasing toxic vapors or fumes which when intentionally inhaled may cause a condition of intoxication, inebriation, stupefaction, dulling of the brain or nervous system or distortion or disturbance of auditory, visual or mental processes while at work, while on FCFC property, or while conducting FCFC business while off FCFC property, is strictly prohibited and is considered cause for immediate discipline, up to and including termination.
(F) Consequences.
(1) One of the goals of the drug-free workplace program is to encourage employees to voluntarily seek help with alcohol and/or drug problems. If, however, an individual violates the policy, the consequences are serious.
(2) In the case of applicants, if he or she violates the drug-free workplace policy, the offer of employment shall be withdrawn. The applicant may reapply after six months and must successfully pass a pre-employment drug test.
(3) If an employee violates the policy, he or she will be subject to progressive disciplinary action, up to and including termination of employment and may be required to enter rehabilitation. An employee required to enter rehabilitation who fails to successfully complete it and/or repeatedly violates the policy will be terminated from employment. Nothing in this policy prohibits the employee from being disciplined or discharged for other violations and/or performance problems.
(G) Assistance.
(1) Alcohol and drug abuse and addiction are recognized as diseases responsive to proper treatment. The FCFC provides a level of care through its employee assistance program (EAP). It also realizes that early intervention and support improve the success of rehabilitation. To support the employees, FCFC’s drug-free workplace policy:
(a) Encourages employees to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem; and
(b) Encourages employees to utilize the services of qualified professionals in the community to assess the seriousness of suspected drug or alcohol problems and identify appropriate sources of help.
(2) Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to the employee.
(3) Employees who voluntarily report a substance abuse problem prior to being required to take a controlled substance or alcohol test as defined in this policy, will not be subject to disciplinary action if they voluntarily and conscientiously seek substance abuse assistance and agree to a treatment plan. However, such an employee must understand that if the problem is not corrected and satisfactory job performance is not maintained, he or she will be subject to disciplinary action up to and including termination of employment. Failure to seek such assistance, or failure to abide by the terms of the treatment plan, shall be grounds for termination. Upon voluntarily reporting a substance abuse problem, the employee will be required to sign a substance abuse treatment plan return-to-work agreement form that will further define conditions of continued employment.
(H) Confidentiality.
(1) All information received by FCFC through the drug-free workplace program is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies.
(2) FCFC shall maintain records and documents of all alcohol and drug test results, schedules for follow-up tests and records relating to evaluation and referrals. These records shall be maintained for a period of at least five years. FCFC shall provide test result information or other pertinent information relating to an applicant or existing employee’s alcohol or controlled substance tests upon the applicant or existing employee’s written request, and shall do so within three working days of being notified of the request.
(I) Policy administration and enforcement. It shall be the responsibility of the County Judge/ Executive or his or her designee to administer and enforce this policy. This policy and its programs are not to be interpreted or modified by any other county supervisor or director.
(J) Responsibility.
(1) While it is ultimately FCFC’s legal, ethical and moral responsibility to create and maintain a safe and productive drug-free workplace for its employees, and the citizens of the county, such safety is achieved through cooperation and shared responsibility. Both employees and management have important roles to play.
(2) All employees are required to not report to work or be subject to duty while their ability to perform job duties is impaired due to on or off duty use of alcohol or other drugs.
(3) In addition, employees are encouraged to:
(a) Be concerned about working in a safe environment; and
(b) Report dangerous behavior to their supervisor.
(4) It is the supervisor’s responsibility to:
(a) Inform employees of the drug-free workplace policy;
(b) Observe employee performance;
(c) Investigate reports of dangerous practices;
(d) Document negative changes and problems in performance;
(e) Counsel employees as to expected performance improvement; and
(f) Clearly state consequences of policy violations.
(K) Communication.
(1) Communicating the drug-free workplace policy to both supervisors and employees is critical to its success. To ensure all employees are aware of their role in supporting FCFC’s drug-free workplace program:
(a) All employees will receive a written copy of the policy;
(b) The policy will be reviewed in orientation sessions with new employees; and
(c) The policy and assistance programs will be reviewed at safety meetings. Every supervisor will receive training to help him or her recognize and manage employees with alcohol and other drug problems.
(2) Note: the County Fiscal Court may change, modify, amend or rescind any part of this policy at any time that deals with the actual administration of the policy itself. However, changes may not be made to the policy that would circumvent any requirements associated with 803 KAR 25:280.
(Ord. 4-2014, passed 7-31-2014, § 3.41)