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(A) All applicants seeking county employment which involves the handling of county funds or writing county checks shall be bondable.
(B) All employees involved in handling county funds shall be bonded at the expense of the county.
(2001 Code, § 31.065) (Ord. passed 1-14-2000)
(A) The health and safety of employees is a primary concern of the county. As a condition of employment, employees are required to comply with all safety procedures that are established for the position held by the employee, including the use of seatbelts when driving or riding in any county vehicle. Additionally, any employee who becomes aware of any unsafe or hazardous condition shall report the situation to his or her supervisor or department head immediately.
(B) All work-related injuries must be reported to the employee’s immediate supervisor or the department head as soon as possible after the injury occurs, but no later than the end of the workday/shift.
(C) Failure to comply with established workplace safety rules, report workplace injuries or failure to report unsafe/hazardous conditions of which the employee is aware shall result in personnel action, up to and including termination from employment.
(2001 Code, § 31.066) (Ord. passed 1-14-2000)
SUBSTANCE ABUSE POLICY
Consistent with the county’s policy to maintain a safe, healthy, drug-free work environment in compliance with the Drug-Free Work Place Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991, and in the interest of assuring the safety of the general public by employing persons in safety sensitive positions that do not abuse alcohol or illegal drugs, the following policies are adopted and strictly adhered to by the county. For purposes of complying with federal drug and alcohol regulations, the substance abuse testing procedures for employees covered by the Omnibus Transportation Employee Testing Act of 1991 (commercial driver’s license) shall be established and administered separately from the county’s overall substance abuse testing program.
(2001 Code, § 31.080) (Ord. passed 1-14-2000)
This policy applies to all employees that are subject to appointment by the Judge/Executive, with approval from the Fiscal Court, employees of other constitutional officers that are required to have commercial driver’s licenses, and employees of constitutional officers that have requested in writing that their employees be covered by these policies. Additionally, all applicants for county employment are subject to pre-employment drug testing. However, random testing requirements contained within this policy are applicable only to persons required to have commercial driver’s licenses (CDL) pursuant to the Omnibus Transportation Employee Testing Act of 1991, and those persons employed by the county deemed to be performing safety sensitive functions, as delineated within the random testing policy. For testing purposes, those employees subjected to testing for compliance with CDL regulations shall be maintained in separate testing programs.
(2001 Code, § 31.081) (Ord. passed 1-14-2000)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENT. An incident which results in the death of a human being or bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the ACCIDENT. Additionally, any incident which results in a vehicle being towed from the site also constitutes an ACCIDENT. All incidents meeting these standards shall be considered cause for post accident drug/alcohol testing of the employee.
ALCOHOL. The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl and isopropyl alcohol.
ALCOHOL CONCENTRATION (OR CONTENT). 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 if the motor vehicle:
(1) Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
(2) Has a gross vehicle weight of 26,001 or more pounds;
(3) Is designed to transport 16 or more passengers, including the driver; or
(4) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 C.F.R. part 172, subpart F).
CONTROLLED SUBSTANCE. The meaning as assigned by 21 U.S.C. § 802 and includes all substances listed on schedules I through V as they may be revised from time to time (21 C.F.R. part 1308), i.e., marijuana (THC metabolite), cocaine, amphetamines, opiates (including heroin), phencyclide (PCP).
DETECTABLE AMOUNT. The cutoff level defined by federal or state regulation.
DRIVER. Any person who operates a commercial motor 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 operate a commercial motor vehicle at the direction of or with the consent of an employer.
DRUG AND ALCOHOL TEST. The compulsory production and submission of urine, breath or blood sample by an employee in accordance with procedures contained herein for chemical analysis to detect drug and/or alcohol use.
EMPLOY. An individual employed by the county.
MEDICAL REVIEW OFFICER or MRO. A licensed M.D. or D.O. (Doctor of Osteopathy) with knowledge of drug abuse disorders who is employed or use to conduct drug tests in accordance with this subchapter.
ON-DUTY TIME. All time from the time the employee begins work or is required to be in readiness to work until the time he is relieved from work and all responsibility for performing work. ON-DUTY TIME shall include:
(1) All time waiting to work or working unless relieved from duty by the employer; and
(2) All safety sensitive functions, as defined in 49 C.F.R. § 395.2.
OWNER-OPERATOR. A driver(s) who has contracted for services with the county. For the purposes of this subchapter and the county’s alcohol and drug abuse policy, OWNER-OPERATORS are not to be considered county employees, but will be required to participate in the county’s alcohol and drug abuse policy like all county employee drivers.
PERFORMING A SAFETY SENSITIVE FUNCTION. An employee is considered to be PERFORMING A SAFETY SENSITIVE FUNCTION during any period in which he or she is actually performing, ready to perform or immediately available. This includes any employee who performs a duty that requires a CDL license, any employee who holds a CDL license or other classifications identified within the random selection section of this policy.
POSITIVE DRUG SCREEN. Positive identification of alcohol, a drug or a metabolite which has been confirmed by sophisticated scientific laboratory tests.
RANDOM SELECTION PROCESS. 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 test of the total number of drivers subject to testing.
REASONABLE CAUSE. The employer believes the actions, appearance or conduct of an employee who is on duty are indicative of substance abuse. Justification for such a conclusion may be actions, appearance or conduct consistent with those conditions identified herein or other identifiable actions, appearance of conduct that raise the suspicion of appropriately trained persons. Reasonable suspicion will be determined by two or more supervisory personnel who will attest to their observations. The Judge/Executive will make the final determination.
SUBSTANCE ABUSE PROFESSIONAL or SAP. This is a doctor who specializes in counseling or helping a person deal with his or her substance abuse problems.
UNDER THE INFLUENCE. An individual is considered to be under the influence of intoxicants when the individuals blood alcohol content exceeds 0.02%. An individual is considered to be UNDER THE INFLUENCE of a controlled substance when any detectable amount of the substance is identified through employee testing.
(2001 Code, § 31.082) (Ord. passed 1-14-2000)
(A) The following conduct is strictly prohibited and shall subject an employee to immediate discipline:
(1) The unlawful buying, selling, transportation, possession, providing of alcohol while on duty;
(2) Use of alcohol during the four hours before reporting for duty;
(3) Reporting for normal duty or remaining on duty to perform work with an alcohol concentration of 0.02% or greater; or
(4) Use of alcohol during eight hours following an accident or until he or she undergoes a post accident test.
(B) Employees found to have an alcohol concentration of 0.02% or greater, but less than 0.04%, shall immediately be removed from their duties, and shall not perform safety sensitive functions, including driving, for a period of 24 hours following the alcohol test. The employee shall receive a written reprimand which indicates any further violations of the policy will result in the employee’s dismissal.
(C) Employees found to have an alcohol concentration of greater than 0.04% shall immediately be removed from their duties and subjected to other actions outlined in this policy, including personnel actions up to, and including dismissal from employment.
(D) Failure to notify the supervisor if alcohol or a controlled substance is ingested unintentionally or if the employee is made to ingest a controlled substance so that appropriate medical steps may be taken to ensure the employee’s health and safety.
(E) Failure to notify the supervisor of any alcohol or criminal drug statute charge or conviction no later than five days after the charge or conviction relating to alcohol or drug abuse or misuse. However, notification of conviction does not insulate the employee from disciplinary action.
(F) An employee will not be disciplined for reporting personal use of alcohol or prescribed medications when called to perform additional duties outside normal work hours.
(G) An employee will inform his or her department head or the PA of any therapeutic drug and/or prescription use that could adversely affect his or her performance prior to performing any duties.
(H) Employees found to be in violation of the county’s substance abuse policies are subject to appropriate personnel action, up to and including dismissal from employment.
(2001 Code, § 31.084) (Ord. passed 1-14-2000) Penalty, see § 10.99
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