(A) Alcohol and drug abuse may not only threaten the safety and productivity of all employees, but causes serious individual health consequences.
(B) (1) An employee testing positive for alcohol or drug use is subject to disciplinary action. Refusal to submit to testing will also be considered a positive test. Refusal includes not providing a breath or urine sample as directed, neglecting to sign appropriate control forms, using alcohol within eight hours of an accident unless a test sample has been taken earlier or engaging in conduct that clearly obstructs the testing process.
(2) Any employee testing positive for the presence of a controlled substance will be contacted by the county’s Medical Review Officer (MRO). The employee will be allowed to explain and present medical documentation to explain any permissible use of drugs. All discussions between the employee and the MRO will be confidential. If medically supportable reasons exist to explain the positive result, the MRO will report the test result to the county as negative.
(3) Within 72 hours after the employee 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 MRO 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 MRO and the PA will be notified. A new sample may be requested as appropriate.
(C) The employee may seek assistance from a substance abuse professional who, in conjunction with the MRO, will take appropriate action, which may include diagnosing the problem and recommending treatment.
(1) If the employee acknowledges a substance abuse problem, requests assistance and completes the substance abuse treatment recommended by the substance abuse professional (SAP), these may be considered to be mitigating factors.
(2) The employee’s successful completion of an approved treatment program may be a condition of continued employment.
(3) An employee shall be required to submit to at least six unannounced drug tests during the first year and follow-up testing may be conducted for up to 60 months. Failure to adhere to this condition is grounds for immediate termination.
(4) Nothing in these policies shall be deemed as precluding the county from dismissing any employee who has been found to be in violation of these policies. There is no express responsibility to retain an employee, or to provide assistance beyond referral information regarding rehabilitative resources.
(2001 Code, § 31.089) (Ord. passed 1-14-2000)