(A) Drivers are an extremely valuable resource for the County Road Department's business. Their health and safety is a serious concern. Drug or alcohol use may pose a serious threat to driver health and safety. It is, therefore, the policy of the County Road Department to prevent substance abuse from having an adverse effect on our drivers. The County Road Department maintains that the work environment is safer and more productive without the presence of alcohol, illegal or inappropriate drugs in the body or on county property. Furthermore, drivers have a right to work in an alcohol and drug-free environment and to work with drivers free from the effects of alcohol and drugs. Drivers who abuse alcohol or use drugs are a danger to themselves, their co-workers and the county's assets.
(B) The adverse impact of substance abuse by drivers has been recognized by the federal government. The Federal Highway Administration ("FHA") has issued regulations which require the County Road Department to implement a controlled substance testing program. The County Road Department will comply with these regulations and is committed to maintaining a drug-free workplace. All drivers are advised that remaining drug-free and medically qualified to drive are conditions of continued employment with the County Road Department.
(C) Specifically, it is the policy of the County Road Department that the use, sale, purchase, transfer, possession or presence in one's system of any controlled substance (except medically prescribed drugs) by any driver while on county premises, engaged in county business, while operating county equipment, or while under the authority of the County Road Department is strictly prohibited. FHA states that mandatory testing must apply to every person who operates a commercial motor vehicle in interstate or intrastate commerce and is subject to CDL licensing requirement.
(D) The execution and enforcement of this policy will follow set procedures to screen body fluids (urinalysis), conduct breath testing, and/or search all driver applicants for alcohol and drug use, and those drivers suspected of violating this policy who are involved in a U.S. Department of Transportation ("DOT") reportable accident or who are periodically or randomly selected pursuant to these procedures. These procedures are designed not only to detect violations of this policy, but to ensure fairness to each driver. Every effort will be made to maintain the dignity of drivers or driver applicants involved. Disciplinary action will, however, be taken as necessary.
(E) Neither this policy nor any of its terms are intended to create a contract of employment or to contain the terms of any contract of employment. The County Road Department retains the sole right to change, amend or modify any term or provision of this policy without notice. This policy is effective January 1, 1996, and will supersede all prior policies and statements relating to alcohol or drugs.
(Ord. passed 11-18-1997; Am. Ord. 12-18-2001)