(A) Pre-employment testing. All offers of employment shall be made contingent upon passing a medical review, including an alcohol and drug test. If the test is confirmed positive for drugs or alcohol, the candidate shall be disqualified with no further action to be taken. Job applicants who are denied employment because of a positive test may reapply for employment after six months. The records shall be maintained in the applicant’s confidential medical file.
(B) Reasonable suspicion.
(1) If an employee’s work performance or behavior is indicative of possible alcohol or drug abuse or misuse as demonstrated by the following behaviors/symptoms, or if the employer observes specific, contemporaneous, articulable conduct pertaining to the appearance, behavior, speech or body odors of the employee that indicate that he or she may be in violation of this policy, an appropriately trained supervisor, with the concurrence of the PA, shall require the employee to submit to a breath test or urinalysis.
(2) The following conditions, which shall not be construed to be all inclusive, are signs of possible alcohol or drug abuse:
(a) Abnormally dilated or constricted pupils;
(b) Glazed stare;
(c) Redness of eyes;
(d) Change of speech;
(e) Constant sniffing;
(f) Increased absences;
(g) Redness under nose;
(h) Sudden weight loss;
(i) Needle marks;
(j) Change in personality;
(k) Increased appetite for sweets;
(l) Forgetfulness;
(m) Performance faltering;
(n) Poor concentration;
(o) Borrowing money from co-workers;
(p) Seeking an advance in pay or other unusual display of need for money;
(q) Constant fatigue or hyperactivity;
(r) Smell of alcohol;
(s) Difficulty walking;
(t) Excessive, unexplained absences;
(u) Dulled mental processes; and
(v) Slowed reaction rate.
(3) Supervisors must notify the PA or the Judge/Executive, or the appropriate constitutional officer if they have reason to believe one or more of the above listed conditions is indicated, and that the substance abuse is affecting an employee’s performance or behavior in any manner. Job performance and policy violations shall be specific.
(4) The PA will arrange to observe or talk to the employee. If the PA and supervisor concur on reasonable suspicion, the PA shall immediately arrange for the specified test.
(5) The employee shall be required to release any evidence relating to the observation for further testing. Failure to comply may subject the employee to subsequent discipline or suspension. All confiscated evidence will be receipted for with signatures of both the receiving supervisor and the provider.
(6) If, upon questioning by the supervisor, the employee admits to use but requests assistance, the PA may arrange for assessment by the substance abuse professional (SAP). Reassignment to job duties will be conditioned on completing the SAP’s guidelines and return to work testing.
(7) The supervisor shall, within 24 hours, or before the results of the alcohol or controlled substance testings are released, document the particular facts related to the behavior or performance problems and present documentation to the PA.
(8) The PA shall cause the removal of the employee from county property and ensure that the employee is transported to the collection site. Under no circumstances will the employee be allowed to drive any county vehicle until a confirmed negative test result is received.
(9) All supervisors will receive a minimum of one hour of training on alcohol abuse and one hour of training on drug abuse to assist them in identifying abuse behavioral characteristics.
(C) Post-accident testing.
(1) An accident is 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 received medical treatment away from the scene of an accident or which has had a vehicle towed from the scene of an accident. The county may require testing on minor accidents if there is reasonable suspicion that alcohol or drugs were involved.
(2) All employees are required to provide a breath test and a urine specimen to be tested within eight hours after an accident. The employee shall remain readily available for testing or he or she will be deemed to have refused testing. If the employee is seriously injured and cannot provide a specimen at the time of the accident, he or she shall provide the necessary authorization for obtaining the hospital reports and other documents that would indicate whether there were any controlled substances in his or her system. Adherence by the employee to the post-accident testing requirements is a condition of continued employment with the county.
(D) Random selection.
(1) In addition to employees required to be randomly tested by the Omnibus Transportation Employee Testing Act of 1991, the county shall conduct mandatory random testing for all employees who perform safety sensitive functions, as follows.
(a) A selection process which removes discretion in selection shall be adopted by the county.
(b) The random testing shall be reasonably spaced over a 12-month period.
(c) Once notified, the employee shall immediately proceed to the collection site. The employee shall not be notified prior to duty that he or she is to be tested. If the employee is not scheduled to work within 72 hours, he or she shall not be randomly tested until drawn again.
(2) For the purposes of this policy, the county has determined the following positions impact the safety and well being of the community, and are therefore subject to mandatory random testing:
(a) Employees required to have commercial driver’s licenses;
(b) Deputy Jailer;
(c) Deputy Sheriff Bailiff; and
(d) Road Department employees that drive heavy equipment on public highways.
(E) Return-to-duty testing. Before an employee returns to duty after engaging in conduct prohibited by this policy, the employee shall undergo a return to duty alcohol test with a result of less than a 0.02% breath alcohol concentration (BAC) or receive a confirmed negative result from a controlled substance urinalysis test.
(2001 Code, § 31.087) (Ord. passed 1-14-2000)