(A) It is a violation of the drug-free workplace policy to use, possess, sell, trade and/or offer for sale alcohol, illegal drugs or intoxicants.
(B) Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician’s prescription. Any employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of his or her job. If the use of a medication could compromise the safety of the employee, fellow employees or the public, it is the employee’s responsibility to use appropriate personnel procedures (e.g., call in sick, use leave, request change of duty, notify supervisor, notify company doctor) to avoid unsafe workplace practices.
(C) The illegal or unauthorized use of prescription drugs is prohibited. It is a violation of the CFC’s drug-free workplace policy to intentionally misuse and/or abuse prescription medications. Appropriate disciplinary action will be taken if job performance deterioration and/or other accidents occur.
(D) The County Fiscal Court reserves the right to define and interpret prohibited activities that specifically include, but may not be limited to:
(1) Alcohol.
(a) Prohibited conduct involving the use of alcohol includes the following:
1. The performance of or being immediately available to perform work duties while having an alcohol concentration greater than 0.00;
2. The consumption of alcohol or products containing alcohol during the performance of or being immediately available to perform work responsibilities;
3. In the case of safety sensitive employees, containing alcohol during the performance of or being immediately able to perform safety sensitive work responsibilities. This includes the possession of medicines containing alcohol (prescription or over-the-counter) unless the seal is unbroken and/or the medication is prescribed by a licensed physician, and said physician has confirmed the necessity of the safety sensitive employees’ said possession of the prescribed substance containing alcohol and has confirmed that the use of such substance will not deter from the employees ability to safely perform assigned safety sensitive responsibilities. In the latter case, a prescription drug notification form must be on file with the County Judge Executive;
4. The performance of, or being immediately available to perform those responsibilities designated as safety sensitive, within four hours after using alcohol;
5. The transportation and/or possession of alcoholic beverages (open or closed containers) within CFC-owned vehicles or equipment. Note: law enforcement personnel functioning within the scope of their assigned duties shall be considered exempt from this prohibition as deemed necessary by their respective department head(s);
6. The use of alcohol for eight hours immediately following an accident requiring a post-accident alcohol test or until a post-accident test is administered, whichever occurs first;
7. Refusal to submit or cooperate with any of the required testing types; and
8. The operation of a CFC-owned vehicle following consumption of alcoholic beverages shall be considered a violation of this policy and shall result in disciplinary action.
(b) Note: employees attending training programs and/or conferences related to their employment with CFC may participate in social functions associated with the program or conference. If alcoholic beverages are present at the social function and the employee chooses to engage in consumption of said beverage(s), he, she or they shall do so at his, her or their own discretion. Employees who choose to engage in the consumption of alcoholic beverages as part of a work related social function shall do so in a responsible manner, maintaining a conduct that would not reflect adversely upon the CFC. Any unbecoming conduct by an employee who has chosen to consume alcohol at such conference or training program that has an adverse effect upon the CFC will be subject to disciplinary action up to and including termination of employment.
(c) Note: alcohol includes any intoxicating agent in beverage alcohol, methyl and isopropyl alcohol whether used for medicinal purposes or not. Many over-the-counter and prescription medications contain high percentages of alcohol.
(2) Notification of convictions. Employees are hereby notified that they shall inform the County Judge Executive or his or her authorized designee, of any criminal charge or conviction within five days of said charge or conviction. The County Judge Executive shall take appropriate action within 30 days.
(3) Drugs or controlled substances. Prohibited conduct involving the use of drugs or controlled substances includes, but may not be limited to, the following:
(a) 1. Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician’s prescription. However, any safety sensitive employee taking prescribed or over-the-counter medications will, in all cases, be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with the safe performance of his or her safety sensitive job duties. Prior to initiating usage after such medications are prescribed, the safety sensitive employee shall submit a prescription drug notification form to his, her or their immediate supervisor who shall, in turn, submit it to the County Judge Executive or his or her designee as soon as possible.
2. After receiving such form, the County Judge Executive or his or her authorized designee may request written medical authorization showing the safety sensitive employee may possess/use such medication, that it was used in the prescribed manner and showing the safety sensitive employee is fit to safely perform safety sensitive assigned duties. If the use of such medication could compromise the safety of the safety sensitive employee, fellow employees, or the public at large, it is the safety sensitive employee’s responsibility to use appropriate personnel procedures (e.g., call in sick, use leave, request change of duty and notify his or her supervisor) to avoid unsafe workplace practices. No prescription drugs shall be brought onto CFC property, or consumed on Court property by anyone other than the individual for whom the drugs have been prescribed by a licensed medical practitioner. The illegal or unauthorized use of prescription drugs is strictly prohibited. It is a violation of the CFC’s drug-free workplace policy to intentionally misuse and/or abuse prescription medications.
3. Appropriate disciplinary action will be taken if job performance deterioration and/or other accidents occur as the result of the intentional misuse and/or abuse of prescription medication.
4. The CFC reserves the right to have a designated physician of its choosing to determine if a prescription drug or medication produces effects that would be considered unacceptable in the performance of assigned safety sensitive work duties. The designated physician has final determination on whether the medication will have or is having an unacceptable effect on the safety sensitive employee’s performance of duties. In such instances of temporary impediment to safe performance of regular safety sensitive duties, the safety sensitive employee may be temporarily reassigned to duties requiring a lesser safety awareness level if such duties are available.
5. All doctor’s statements and related medical information shall be confidential and maintained in a separate medical file in the office of the County Judge Executive.
(b) Testing positive for any of the prohibited substances during the performance of or upon being immediately available to perform work responsibilities;
(c) The performance of or being immediately available to perform safety sensitive work responsibilities while using any controlled substance, except when the use is under the instructions of a physician who has advised that the use will not adversely affect the safety sensitive user’s ability to safely perform safety sensitive responsibilities as assigned;
(d) 1. In the case of safety sensitive employees, having in possession, drugs or controlled substances, except when the use is under the instructions of a physician who has advised that the use will not adversely affect the safety sensitive user’s ability to safely perform safety sensitive responsibilities as assigned during the performance of or being immediately available to perform safety sensitive work responsibilities.
2. Note: EMS and law enforcement personnel functioning within the scope of their assigned duties shall be considered exempt from this prohibition as deemed necessary by their respective department heads.
(e) Refusal (as defined elsewhere in this policy) to cooperate with any of the requested testing types;
(f) Tampering with or attempting to alter, or actual altering of a test specimen is strictly prohibited and is grounds for immediate termination from employment with the CFC;
(4) Volatile substances. The intentional misuse, manufacture, sale, distribution, dispensation or possession of a volatile substance as defined in KRS 217.900 which includes any glue, cement, paint or other substance containing a solvent or chemical having the property of releasing toxic vapors or fumes which when intentionally inhaled may cause a condition of intoxication, inebriation, stupefaction, dulling of the brain or nervous system, or distortion or disturbance of auditory, visual or mental processes while al work, while on CFC property, or while conducting CFC business while off CFC property, is strictly prohibited and is considered cause for immediate discipline, up to and including termination.
(Ord. 21.230-1, passed 7-8-2021)