(A) Pre-employment testing; safety sensitive positions. All offers of employment (for safety sensitive positions) are 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 will 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 6 months. The records will be sealed in the employee’s medical file.
(B) Reasonable suspicion.
(1) (a) If an employee is having work performance problems or is displaying behavior that may be alcohol or drug abuse or misuse, or is otherwise demonstrating conduct that may be in violation of this policy where immediate management action is necessary, a Department Head or officer in charge, with the concurrence of the Program Administrator, will require the employee to submit to a breath test or urinalysis.
(b) The following conditions are signs of possible alcohol or drug abuse (not all-inclusive):
1. Abnormally dilated or constricted pupils;
2. Glazed stare, redness of eyes;
3. Change of speech;
4. Constant sniffing;
5. Increased absences;
6. Redness under nose;
7. Sudden weight loss;
8. Change in personality;
9. Increased appetite for sweets;
10. Forgetfulness; performance faltering; poor concentration;
11. Borrowing money from coworkers, seeking an advance in pay, or other unusual display of need for money;
12. Constant fatigue or hyperactivity;
13. Smell of alcohol;
14. Difficulty walking;
15. Excessive, unexplained absences;
16. Dulled mental processes;
17. Slowed reaction rate; and
18. Needle marks.
(2) (a) Supervisors must notify the Program Administrator and/or the County Judge/Executive if they have reason to believe 1 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 must be specific.
(b) The Program Administrator will arrange to observe or talk to the employee. If the Program Administrator and supervisor concur on reasonable suspicion, the Program Administrator will immediately arrange for the specified test.
(c) The employee will 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.
(d) If, upon confrontation by the supervisor, the employee admits to use but requests assistance, the Program Administrator will arrange for assessment by the substance abuse professional. Reassignment to job duties will be conditioned on completing the substance abuse professional’s guidelines and return-to-work testing.
(e) The supervisor shall, within 24 hours, or before the results of the alcohol or controlled substance testing are released, document the particular facts related to the behavior or performance problems and present documentation to the Program Administrator.
(f) The Program Administrator 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.
(g) All supervisors will receive a minimum of 1 hour training on alcohol abuse and 1 hour 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, received medical treatment away from the scene of an accident; or any motor vehicle accident regardless of the severity. 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 2 hours after an accident. If documented, mitigating circumstances prohibit the employee from reaching the testing site within 2 hours, they are still to report as soon as possible for testing. Situations resulting in delay must be documented by the employee and the supervisor of the work area. 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.
(3) Adherence to post-accident testing requirements is a condition of continued employment with the county.
(D) Mandatory random selection. In addition to employees required to be randomly tested by the Omnibus Transportation Employee Testing Act of 1991, being 49 USC §§ 45101 et seq., the county will conduct mandatory random testing for all employees who perform safety sensitive functions as follows:
(1) A selection process, which removes discretion in selection, will be adopted by a majority vote of the Fiscal Court;
(2) The random testing will be reasonably spaced over a 12-month period; and
(3) Once notified, the employee will immediately proceed to the collection site. The employee will 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 will not be randomly tested until drawn again.
(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.
(Order 10, passed 5-27-1998; Am. Order 9, passed 1-12-2000)