(A) The county is concerned with the public’s safety and workplace safety for employees. This alcohol and drug abuse policy is designed to ensure that employees are fit for duty. The county believes that employees in safety sensitive positions cannot safely operate vehicles while under the influence of any controlled substance or while under the influence of alcohol. This policy applies to all employees who perform safety sensitive jobs, including mechanics and employees who are required to hold a commercial driver’s license (CDL) to perform their job function. This policy covers truck drivers, bus drivers, mechanics, heavy equipment operators and any other positions that require a commercial driver’s license. Safety sensitive employees are expected and required to be in suitable mental and physical condition while at work, performing their jobs satisfactorily and behaving appropriately. When the use of alcohol and other drugs interfere with these expectations, a driver’s failure to meet these basic expectations could result in disciplinary action. It is for this purpose that the county has implemented the following substance abuse policy which includes testing for the presence of drugs and alcohol. The intent of the county is to also ensure that the county is in compliance with federal law.
(B) This policy addresses the use of alcohol and illegal drugs or substances on many fronts. The use, possession, sale, purchase or transfer of unauthorized or illegal drugs or substances, or the abuse or misuse of legal drugs on county property, while on county business or while operating vehicles and equipment, is prohibited. Drinking alcoholic beverages resulting in having any measurable amount of alcohol, as defined in the federal regulations, in his or her system during working hours is prohibited, whether on or off county property. Working hours include all breaks. Off-duty use of drugs and alcohol is prohibited to the extent it affects an employee’s attendance or performance and his or her ability to pass required DOT alcohol and controlled substance tests. Any violation of this policy is grounds for discipline, up to and including termination.
(C) Physician-directed use of drugs can affect behavior and performance. When the use of drugs adversely affects job performance or safety, it is in the best interest of the driver, co-workers, the public and the county that the driver take sick or vacation days, or if necessary, unpaid leave in accordance with the personnel policies concerning requesting medical leaves.
(D) The county reserves the right to terminate any employee in a safety sensitive position who violates the county’s drug and alcohol abuse policy. Reporting to work under the influence of alcohol or non-prescribed drugs or using same while on the job are listed as cause for discipline up to and including immediate dismissal in the personnel policies. The supervisor or his or her designee is authorized to implement this policy and program, including a periodic review of the program to address any problems, changes and/or revisions of it, and maintenance of all records required by the federal regulations. The supervisor or his or her designee is responsible for communicating this policy to all employees in safety sensitive positions and is accountable for its consistent enforcement.
(E) Nothing contained in this policy shall be construed or interpreted so as to create or give rise to any contractual rights for employees of the county. This policy does not constitute an offer of continued employment to any employee and no contractual rights will be created in any employee by his or her commencing or continuing work after the adoption of this policy.
(Res. R-C-95-24, passed 12-11-1995)