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(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)
(A) Breath alcohol testing shall be conducted at a prearranged location by a qualified breath alcohol technician according to 49 C.F.R. part 40 procedures. Refusal to provide breath will be considered a positive test and the employee will be removed from a safety-sensitive function until resolved.
(B) Specimen collection shall be conducted in accordance with applicable state and federal law. The collection procedures will be designed to ensure the security and integrity of the specimen provided by each employee, and those procedures will strictly follow federal chain-of-custody guidelines. Every effort shall be made to maintain the dignity of each employee submitting specimen for analysis in accordance with these procedures.
(C) Only a laboratory certified by the Department of Health and Human Services (DHHS) to perform urinalysis for the detection of the presence of controlled substances will be retained by the county. The laboratory will be required to maintain strict compliance with federally approved chain of custody procedures, quality control, maintenance and scientific analytical methodologies.
(D) (1) Following a determination that an employee is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the county shall see that the employee is subject to unannounced follow-up testing as directed by the SAP, as required by 382 C.F.R. § 605(c)(2)(ii).
(2) Follow-up alcohol testing shall be conducted only when the employee is performing safety- sensitive functions, just before the employee is to perform or just after the employee has performed safety sensitive functions.
(2001 Code, § 31.088) (Ord. passed 1-14-2000)
(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)
(A) (1) Under no circumstance, unless required or authorized by law, shall alcohol or drug testing information or results for any employee or applicant be released without written request from the applicable employee.
(2) Employees are entitled, upon written request, to obtain copies of any records pertaining to his or her use of alcohol or controlled substances, including any records pertaining to his or her alcohol or controlled substances tests. The county shall have three working days to provide copies.
(B) Collection of breath and urine samples shall always be documented and sealed with a tamper- proof system in the presence of the employee to ensure that all tests can be correctly traced to the employee. Drug and alcohol test analysis from the DHHS approved laboratory shall be forwarded directly to the MRO for confidential record-keeping.
(2001 Code, § 31.090) (Ord. passed 1-14-2000)
EMPLOYEE BENEFITS
The county participates in the county employees retirement system, including its standard unused sick leave program. Under this program, eligible employees (employees must work 100 hours per month to participate in retirement) who retire with the county will have up to six months of unused sick time purchased by the county to add to their length of service. The employee may purchase additional sick leave towards his or her retirement. Details regarding this program may be obtained from the county’s personnel officer.
(2001 Code, § 31.105) (Ord. passed 1-14-2000)
Statutory reference:
Retirement, see KRS 61.510 et seq. and KRS 78.510 et seq.
(A) Any full-time employees occupying regular position(s) shall receive time off at the regular rate of pay for each holiday. Holidays include:
(1) January 1, New Year’s Day;
(2) The third Monday in January, Martin Luther King Jr. Day;
(3) The second Monday in February, President’s Day;
(4) Good Friday;
(5) The last Monday in May, Memorial Day;
(6) July 4, Independence Day;
(7) September 1, Labor Day;
(8) November 11, Veteran’s Day;
(9) The fourth Thursday in November, Thanksgiving Day, and the following Friday;
(10) December 25, Christmas Day, and one additional day as designated by the Fiscal Court or appropriate constitutional officer;
(11) December 31, New Year’s Eve; and
(12) Presidential election day.
(B) When any holiday listed above falls on a Saturday, it will be observed on the preceding Friday. When any holiday listed above falls on a Sunday, it shall be observed on the following Monday.
(C) In addition to the above, any day may be designated as a holiday by proclamation of the Judge/Executive, with the approval of the Fiscal Court or the appropriate constitutional officer.
(D) Holiday pay shall be pay at the regular rate.
(E) When it is essential for a nonexempt employee to work on a holiday, the employee shall receive holiday pay in addition to regular pay, or be allowed to take another day(s) off, as deemed appropriate by the Judge/Executive.
(2001 Code, § 31.106) (Ord. passed 1-14-2000)
(A) (1) All employees occupying regular full-time positions shall be entitled to vacation leave on the following schedule:
(a) Initial employment through 19 years: 12 working days; and
(b) Twenty years and thereafter: 17 working days.
(2) WORKING DAY, as used in this policy, shall be established by the normal working schedule of the employee. For example, Road Department employees’ (non-office) normal workday is eight hours, while executive office employees’ normal workday is seven hours.
(B) Vacation leave shall be accrued and awarded monthly.
(C) No employee shall be allowed to utilize accrued vacation leave until the employee has successfully completed the 90-day introductory period. Employees on a promotional introductory period may take accrued vacation leave.
(D) (1) Vacation leave of a week or more must be requested at least one month in advance. Vacation leave of less than one week must be requested at least three days in advance. If extenuating circumstances exist, the employee may be allowed to utilize vacation leave with less than the required notification if approved by the Judge/Executive.
(2) Vacation leave may be disapproved if the employee’s services are required at the requested time.
(E) Upon termination of employment, employees shall be compensated for unused vacation leave.
(F) Former employees who are rehired by the county, whose past employment was voluntarily terminated, or who were terminated for reasonable cause, shall be considered new employees for calculation of vacation leave.
(G) Former employees who are rehired by the county, whose past employment was involuntarily terminated without reasonable cause, shall be given vacation leave based on total length of service with the county.
(H) Upon receiving approval of their supervisor, employees absent because of sickness, injury or disability may use accrued vacation leave only after accrued sick leave has been exhausted.
(I) Vacation leave shall be taken in increments of not less than one hour.
(J) Employees shall be allowed to carryover a maximum of 12 days’ vacation leave from year to year. Leave in excess of this amount shall be forfeited without pay.
(K) The personnel officer or his or her designee shall ensure that accurate records are kept for vacation leave allowance, vacation leave taken and accrued leave for each employee.
(2001 Code, § 31.107) (Ord. passed 1-14-2000)
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