(A) General provisions. The county is a drug-free workplace. Employees who are under the influence of, in possession of, or have in their system, any illegal or prohibited controlled substances or alcohol while at work are subject to discipline, up to and including termination. Employees who use, possess or distribute illegal controlled substances at any time, whether at work or not, are subject to discipline up to and including termination. County employees are subject to the terms and conditions outlined in this section. The county reserves the right to implement a drug testing program consistent with state law. The county complies with the Americans with Disabilities Act (ADA).
(B) Policy statements.
(1) It is the policy of the county to provide and foster a drug- and alcohol-free workplace. A drug- and alcohol-free workplace protects the safety of the public as well as the county’s workforce. The county believes that the abuse of drugs and/or alcohol creates a variety of workplace problems including increased injuries on the job, increased absenteeism, increased financial burden on the health and benefit programs, decreased employee morale, decreased productivity, and decline in the quality of services rendered by the county.
(2) All employees are prohibited from using, consuming, buying, possessing or selling drugs or alcoholic beverages in the workplace as specified by this policy, and are prohibited from reporting to work or being subject to work (specifically while on-call or on break) with drugs active in their systems or while under the influence of alcohol. The county also discourages the detrimental or illegal use of alcohol and/or drugs by its employees when off-duty.
(3) It shall be a condition of employment and continued employment that all employees and prospective employees comply with the provisions of this policy and all other relevant state and federal statutes. It shall be a condition of authorization as a volunteer that all volunteers and prospective volunteers comply with the provisions of this policy and all other relevant state and federal statutes. While the county will be supportive of those who seek help voluntarily with a drug or alcohol addiction, the county will be equally firm in identifying and disciplining those who continue to violate this policy and/or do not seek rehabilitative assistance.
(4) This policy is intended to conform with the requirements set forth in the Local Government Entity Drug-Free Workplace Policies Act, UCA, Title 34, Ch. 41, and all other relevant state and federal statutes including the Americans with Disabilities Act (ADA). The provisions of any applicable law, statute, regulation or ordinance (e.g., The Omnibus Transportation and Employee Testing Act of 1991 and the Federal Highway Administration and Department of Transportation rules of February 1994) shall prevail in the event of any conflict with the provisions of this policy.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL TESTING. The scientific analysis of a sample for the presence of alcohol.
ALCOHOLIC BEVERAGE. A drink containing ethanol or alcohol.
APPLICANT. Any person who has made a written or oral application to become an employee or authorized volunteer of the county.
DRUG. Any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, including those included in the Utah Controlled Substances Act, UCA Title 58, Ch. 37, (1953, as amended) or supplement to any of those compendia. Drugs may include, but are not limited to:
(a) Marijuana (THC);
(b) Cocaine;
(c) Phencyclidine (PCP);
(d) Opiates;
(e) Amphetamines (including methamphetamine);
(f) Barbiturates;
(g) Benzodiazepines;
(h) Methadone; and
(I) Propoxyphene.
DRUG TESTING. The scientific analysis of a sample for the presence of drugs or their metabolites in the human body.
EMPLOYEE. Any person or officer in the service of the county including volunteers.
MEDICAL REVIEW OFFICER (MRO). A licensed physician with knowledge of drug abuse disorders that is employed or contracted to conduct reviews of drug test results.
POSITIVE DRUG /ALCOHOL TEST. Any test result showing a blood alcohol content of 0.02 or greater or the presence of any drug in the test subject.
PRESCRIPTION DRUGS. Those medications (containing drugs or other controlled substances) that are prescribed to an individual by an authorized physician, carried in its original container that is labeled by a licensed pharmacist, and taken as directed.
RANDOM TESTING. The unannounced drug and/or alcohol testing of safety sensitive employees or volunteers who have been selected for testing by using a method uninfluenced by any personal characteristic other than job category.
REASONABLE SUSPICION FOR TESTING. An articulated belief based on recorded, specific facts and reasonable inferences drawn from those facts that an employee or volunteer has the presence of drugs and/or alcohol in his or her system, or has used drugs or alcohol on county-paid time.
REFUSAL TO SUBMIT TO TESTING. Failure to provide an adequate breath or urine sample without a valid and verified medical explanation, after the employee has received notice that he or she is being tested and a breath or urine sample is required, or engages in conduct that clearly obstructs the testing process.
SAFETY SENSITIVE POSITION. Any county position involving duties which directly affects the safety of the county employees, volunteers or the general public. As defined in the Local Government Entity Drug-Free Workplace Policies, UCA § 34-41-101(10),(1953, as amended). This definition would include all positions assigned essential functions involving:
(a) Emergency dispatch, firefighting, sworn law enforcement activities and other jail services requiring daily contact with inmates including janitorial services;
(b) The use of heavy and/or dangerous equipment in facility construction, maintenance, engineering, grounds and roads services;
(c) Maintenance and repair of heavy equipment;
(d) Electrical work;
(e) Operation of a motor vehicle to transport passengers;
(f) Operation of equipment requiring the driver to hold a CDL; and
(g) Operation of equipment in kitchen facilities to mass produce meals.
SAMPLE. Urine, blood, breath, saliva, perspiration or hair sample gathered for the purpose of a drug or alcohol test.
USE. To consume, sell, purchase, manufacture, distribute, be under the influence of, report to work under the influence of or be in possession of drugs or alcohol. The term USE shall also include the presence of drugs or alcohol in the body of the individual being tested, including the presence of metabolite, and the use of prescription drug without a current valid prescription from a licensed physician or using a prescription drug beyond the prescribed therapeutic dosage.
(D) Drug and alcohol testing. It is the policy of the county that the unlawful manufacture, distribution, dispensation, possession or use of drugs and/or alcoholic beverages in the workplace is expressly prohibited. In order to achieve a drug-free workplace, employees shall be required to participate in drug and alcohol testing. This policy includes all employees who occupy and all applicants who may apply for safety sensitive positions with the county.
(1) Such testing may occur:
(a) When an applicant is offered a position with the county.
1. The county may require an applicant for a position with the county to undergo an alcohol and drug screen test to detect the presence of alcohol or drugs in the body.
2. Refusal to take such a test shall be grounds for denial of employment.
3. An applicant who tests positive for drugs or whose test detects a Blood Alcohol Content of 0.04 or higher may be denied employment with the county.
(b) When there is a reasonable suspicion to believe that the employee is in an impaired state.
1. If a trained supervisor makes a determination that there is reasonable suspicion to believe that an employee is using, is under the influence of or is in possession of alcohol or drugs, the employee shall be subject to drug/alcohol testing.
2. Upon testing due to reasonable suspicion, the employee tested shall not engage in the operation of any county equipment or engage in any employment-related duties, which the Human Resource Director deems dangerous to the employee or to others, until the results of the tests are received by the Medical Review Officer and the employee is cleared to resume normal job duties by the department head and the Human Resource Department.
(c) Upon request from a department head that his or her entire department submit to testing (“unit sweep”);
(d) When the employee has been involved in an on-duty accident or unsafe work practice; and
(e) On a random basis.
1. Employees assigned to or performing safety sensitive duties are subject to random drug/alcohol tests.
2. By the end of the calendar year, at least 50% of employees occupying safety sensitive positions must have been tested for drugs and at least 25% of employees occupying safety sensitive positions must have been tested for alcohol.
3. Selection will be made by a computer-based random number generator and other methods using the employee number.
4. Selection will be unannounced and will be performed at on-site or location designated by the county.
5. Departments heads or supervisors of the selected employees will be notified and those employees will proceed, accompanied by their supervisor, immediately to a designated facility.
6. A refusal to submit to a drug and alcohol test shall be considered the same as a positive test for drugs.
7. An employee determined to have tampered with, adulterated or substituted his or her sample will also be considered to have the same as a positive test result for drugs.
(2) Medical reports, lab reports, test results and observation/incident reports shall not be filed in an employee’s official personnel file. Information of this nature will be contained in a separate confidential medical record that will be securely kept under the control of Human Resources. The county will not release such medical information to anyone without the express written authorization of the tested employee unless ordered by means of proper legal procedure and appropriate legal authority, such as a court-ordered subpoena or in connection with a disciplinary proceeding.
(3) If any drug/alcohol test result shows a blood alcohol content of 0.02 or greater, or a positive screen for drugs, the safety sensitive position employee shall immediately be removed from his or her duties and may be terminated upon further investigation.
(E) Other provisions.
(1) Employees shall not use, be under the influence of (0.02 blood alcohol content), or be in possession of alcoholic beverage(s) while on duty, on county premises or while in county vehicles. County premises includes county buildings, parking lots, grounds or vehicles owned by the county or personal vehicles being used for county business.
(2) Employees shall not use, be under the influence of, be in possession of or be in such condition to test positive for drugs while on duty, on county premises, or while in county vehicles. County premises includes county buildings, parking lots, grounds or vehicles owned by the county or personal vehicles being used for county business.
(3) Employees using, possessing or being at the workplace under the influence of alcohol or drugs shall be subject to investigation and disciplinary action.
(4) Any employee violating this policy may be subject to immediate termination.
(5) The county maintains the right to assemble an investigative team and conduct unannounced searches and inspections of county owned property, work stations, equipment, desks, cabinets, vehicles and the like.
(6) The county maintains the right to utilize detection methods necessary for the enforcement of this policy, including blood, urine or other tests and the use of electronic detection equipment and trained animals.
(a) Failure to co-operate with these detection methods or inspections is grounds for disciplinary action up to and including termination of employment.
(b) Drug testing shall be conducted at National Institute of Drug Abuse (NIDA) certified labs.
(7) No prescription drug will be brought on county premises by a person other than the one for whom it is prescribed. Such drugs will be used only in the manner, combination and quantity prescribed.
(8) Any employee using prescription drugs that may impair his or her ability to perform safety sensitive essential functions must notify his or her supervisor, department head or Human Resources to determine if modifications or accommodations are necessary to protect other employees and the general public. This requirement does not require the employee to notify the county of the medical condition for which the prescription drug is being taken.
(9) Any employee whose off-duty abuse of drugs, alcohol or illegal use of prescription drugs results in excessive absenteeism or tardiness, is the cause of or contributes to a workplace accident or poor work performance may be subject to discipline, including termination.
(10) Any employee who is convicted under a federal or state criminal statute regulating the manufacture, distribution, dispensing, possession or use of a controlled substance for a violation occurring in the workplace is to notify his or her department head of the conviction no later than five calendar days after the conviction. Upon said notification, the department head shall immediately notify the Human Resource Director. The Human Resource Director will notify the County Board of Commissioners and maintain documentation of the incident.
(11) Discipline procedures for substance abuse may include probation contingent upon successful rehabilitation or immediate termination.
(F) Policy exceptions. The Board of County Commissioners may approve special exceptions to the provisions of policy when it is not contrary to the Federal Drug-Free Workplace Act and state law, and when justified by compelling individual and county circumstances. Employees may direct any questions regarding this policy to the County Human Resource Department, San Juan County Courthouse, 117 South Main, Monticello, Utah 84535.
(Ord. passed 6- -2019; Ord. 2021-10, passed 11-16-2021) Penalty, see § 10.999