(A) Alcohol and drug abuse may not only threaten the safety and productivity of all employees at the County Road Department, but causes serious individual health consequences to those who use them. Attachment #1 (which is adopted by reference and can be found in the office of the County Clerk) outlines several personal consequences which may result after abuse of controlled substances. Any confirmed actions prohibited by § 33.54, while performing a safety-sensitive function or refusing to take a breath test, will be grounds for termination or disqualification as a driver.
(B) A driver testing positive for alcohol or drug use is subject to termination or disqualification. Refusal to submit to testing will also be considered a positive.
(1) Refusal may be defined as not providing a breath sample or urine sample as directed, neglecting to sign appropriate control forms, using alcohol within 8 hours of an accident, or engaging in conduct that clearly obstructs the testing process.
(2) Any driver testing positive for the presence of a controlled substance will be contacted by the County Road Department's M.O. The driver will be allowed to explain and present medical documentation to explain any permissible use of a drug. All such discussions between the driver and the M.O. will be confidential. The County Road Department will not be a party to, or have access to matters discussed between the driver and the M.O. If medically supportable reasons exist to explain the positive result, the M.O. will report the test results to the county as a negative.
(3) Within 72 hours after the driver has been notified of a positive test result for drugs, he or she may request a retest of the split sample. The signed request will be provided to the M.O. in writing, who will then initiate the new laboratory analysis. If a different result is detected by the subsequent laboratory, the test will be voided by the M.O., and the county (DER) designated employer representative will be notified. A retest may be initiated as appropriate.
(Ord. passed 11-18-1997; Am. Ord. 12-18-2001)