(A) The following activities present a threat to the safety, welfare and integrity of the County and its employees, and will result in an employee being discharged on a first offense:
(1) The unlawful manufacture, distribution, possession, consumption, or use of drugs or drug paraphernalia in the workplace or on County time and the use or consumption of alcohol in the workplace.
(2) The unlawful manufacture or distribution of drugs outside the workplace.
(3) The consumption of alcohol within four (4) hours prior to performing scheduled safety-sensitive functions. The term “scheduled” does not apply to an event where an off-duty employee is requested to perform work in the event of an emergency or call out. However, the employee retains the responsibility to notify his/her supervisor that consumption of alcohol has occurred rendering that person unfit for duty. Failure to notify one's supervisor may be cause for appropriate disciplinary action or termination.
(4) Refusing or failing to submit to an alcohol and/or a drug test.
(5) Refusing or failing to cooperate with the collection process during drug and/or alcohol testing.
(6) Attempting to contaminate a drug test.
(B) The following activities by County employees are prohibited and will result in a three step process as specified below:
(1) The unlawful possession, consumption, or use of drugs outside the workplace.
(2) Performing any job function with an alcohol concentration of 0.04 or greater, as determined by an evidentiary breath test.
(3) The use of alcohol within eight hours following an accident which requires an employee to be tested for alcohol, unless the employee has already taken a post-accident evidentiary breath test.
(4) Testing positive for a drug/alcohol test.
(C) A violation of the above prohibitions will result in the following consequences:
(1) If a first offense occurs, an employee will be required to participate in a rehabilitation program selected, provided and paid for by the County (through any combination of insurance and County subsidy). In addition to the rehabilitation program, the County will assume the cost of follow-up testing as well as continued regular pay for the employee. Should the employee fail to participate or complete the program, he/she will be subject to immediate termination.
(2) For a second offense, the employee is subject to a thirty (30) calendar day suspension without pay and is required to pay the cost (except any portion covered by insurance) of and attend an appropriate rehabilitation program selected by the County. The employee will also be responsible to pay all costs of any follow-up drug and alcohol testing as required by the County. Should the employee fail to participate or complete the program, he/she will be subject to immediate termination.
(3) For a third offense (or positive result on a drug and alcohol test), the employee will be terminated.
(D) An on-call employee is subject to reasonable suspicion and drug and/or alcohol testing if, when responding to a call, a trained supervisor reasonably concludes that objective facts may indicate prohibited drug and/or alcohol use. Appropriate discipline (as described in this policy) shall apply.