(A) (1) An employee testing positive for alcohol or drug use is subject to disciplinary action. Refusal to submit to testing will also be considered a positive test.
REFUSAL includes not providing a breath or urine sample as directed, neglecting to sign appropriate control forms, using alcohol within 8 hours of an accident unless a test sample has been taken earlier, or engaging in conduct that clearly obstructs the testing process.
(2) Any employee testing positive for the presence of a controlled substance will be contacted by the county’s Medical Review Officer. The employee will be allowed to explain and present medical documentation to explain any permissible use of drugs. All discussions between the employee and the Medical Review Officer will be confidential. The employee may seek assistance from a substance abuse professional who, in conjunction with the Medical Review Officer, will take appropriate action, which may include diagnosing the problem and recommending treatment.
(B) Within 72 hours after the employee has been notified of a positive test result for drugs, he or she may request a retest of the split sample. The signed request will be provided to the Medical Review Officer in writing, who will then initiate the new laboratory analysis. If the subsequent laboratory detects a different result, the test will be voided by the Medical Review Officer, and the Program Administrator will be notified. A new sample may be requested as appropriate.
(C) The employee may seek assistance from a substance abuse professional who, in conjunction with the Medical Review Officer, will take appropriate action, which may include diagnosing the problem and recommending treatment.
(1) If the employee acknowledges a substance abuse problem, requests assistance and completes the substance abuse treatment recommended by the substance abuse professional, these may be considered to be mitigating factors.
(2) The employee’s successful completion of an approved treatment program may be a condition of continued employment.
(3) An employee will be required to submit to at least 6 unannounced drug tests during the first year and follow-up testing may be conducted for up to 60 months. Failure to adhere to this condition is grounds for immediate termination.
(4) Nothing in these policies shall be deemed as precluding the county from dismissing any employee who has been found to be in violation of these policies. There is no express responsibility to retain an employee or to provide assistance beyond referral information regarding rehabilitative resources.
(Order 10, passed 5-27-1998; Am. Order 9, passed 1-12-2000)