§ 35.05 PROHIBITIONS.
   The following conduct is strictly prohibited and will subject an employee to immediate discipline.
   (A)   Alcohol prohibitions as follows:
      (1)   (a)   The unlawful buying, selling, transportation, possession or providing of alcohol while on duty;
         (b)   Use during the 4 hours before reporting for duty;
         (c)   Reporting for normal duty or remaining on duty to perform work with an alcohol concentration of 0.04 or greater unless the employee is under 21, for which the standard shall be 0.02 or greater; or
         (d)   Use of alcohol during 8 hours following an accident, or until he or she undergoes a post-accident test.
      (2)   Employees found to have an alcohol concentration of 0.02 or greater, but less than 0.04, shall immediately be removed from their duties, and shall not perform safety sensitive functions, including driving, for a period of 24 hours following the alcohol test. The employee shall receive a written reprimand, which indicates any further violations of the policy will result in the employee’s dismissal.
      (3)   Employees found to have an alcohol concentration of greater than 0.04 shall immediately be removed from their duties and subjected to other actions outlined in this policy, including personnel actions up to and including dismissal from employment.
   (B)   The use of any drug is prohibited if the drug could affect job performance. The use of any prescription drug is allowed only if the doctor has advised the employee that the drug will not adversely affect the employee’s ability to safely perform the duties of his or her job.
   (C)   Testing positive for drugs.
   (D)   Refusing to take a required test.
   (E)   Failure to notify the supervisor if alcohol or a controlled substance is ingested unintentionally or if the employee is made to ingest a controlled substance so that appropriate medical steps may be taken to ensure the employee’s health and safety.
   (F)   Failure to notify the supervisor of any alcohol or criminal drug statute charge or conviction no later than 5 days after the charge or conviction relating to alcohol or drug abuse or misuse. However, notification of conviction does not insulate the employee from disciplinary action.
   (G)   An employee will not be disciplined for reporting personal use of alcohol or prescribed medications when called to perform additional duties outside normal work hours.
   (H)   An employee will inform his or her Department Head or the Program Administrator of any therapeutic drug and/or prescription use that could adversely affect his or her performance prior to performing any duties.
   (I)   Employees found to be in violation of the county’s substance abuse policies are subject to appropriate personnel action, up to and including dismissal from employment.
(Order 10, passed 5-27-1998; Am. Order 9, passed 1-12-2000)