(A) Purpose.
(1) York County has a vital interest in providing for the safety and well-being of all employees and the public and maintaining efficiency and productivity in all of its operations. In fulfillment of its responsibilities, York County is committed to maintaining a drug and alcohol free workplace. The public has a right to expect county employees to be free from the effects of drugs and alcohol as they serve the community. Further, county employees have a reasonable right to work in an environment safe from the potential dangers posed by drug and alcohol misuse. In keeping with federal requirements under the Drug Free Workplace Act of 1988 (41 USC section 701 et seq.), York County has adopted policies prohibiting the use of drugs in the workplace as well as the use, manufacture, distribution, or possession of illegal drugs or controlled substances by county employees on or off the job. York County is also obliged to comply with the Omnibus Transportation Employee Testing Act of 1991 (and implementing regulations issued by the Federal Highway Administration of the U.S. Department of Transportation (49 CFR Part 382 and 40) which mandates drug testing for all holders of CDL’s (commercial driver’s licenses). This act also prescribes test procedures to assure accuracy and privacy of the results, establishes rules for rehabilitating drivers in violation and describes sanctions for compliance failure. York County’s testing program includes: pre-employment, reasonable suspicion, post-accident, random and return-to-work. The type of testing requirements an employee will be subject to is dependent on the safety and/or security sensitive nature of the employee’s position. This policy establishes drug and alcohol testing procedures for employees of York County in support of organizational values and legal requirements.
(2) York County is also committed to assisting employees who may be experiencing problems with drugs or alcohol. Employees are encouraged to seek counseling and treatment for drug abuse problems. The desire on the county’s behalf to assist employees does not relieve it of the responsibility to maintain a drug-free workplace. The use of alcohol, illegal drugs, or the misuse of prescription drugs is not acceptable in the county workplace. Such behavior seriously affects job performance and can create danger to the public and co-workers. The use of illegal drugs is not acceptable at any time or place. The policy and regulations pertaining to a drug-free workplace apply to all employees in the county.
(3) York County reserves the right to adopt additional policies relating to drugs and alcohol in the workplace.
(4) This subchapter contains various rules, policies and procedures relating to employment. Personnel policies are subject to change at any time, with or without notice. Neither York County’s policies nor it’s practices, nor the oral assurances of it’s representatives create a contract of employment.
(B) Scope/application.
(1) This policy applies to individuals seeking employment and all full-time and part- time employees of York County except as noted. Employees appointed by an authority outside the York County Council are also exempted from this policy. For employees, this policy is effective while the employee is being compensated by or is acting in an official capacity for York County while in county vehicles/equipment, on county property or in county facilities. It does not intend to supersede or conflict with binding state or federal laws, statutes or regulations. Where a conflict occurs, state and federal mandates take precedence. (Employees working for the office of sheriff of York County are not covered by this policy. There is another specific policy for drug testing that provides for coverage for these employees.)
(2) It is the policy of York County that all county work sites shall be maintained as a drug-free workplace. This policy applies to applicants (any person who applies to become an employee) and to employees (any person whose employment is administered by the York County Human Resources Department).
(3) York County is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervisors and managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor or manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to discipline up to and including termination.
(4) The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to the employee’s supervisor and medical advice sought, as appropriate, before performing work-related duties. The misuse or abuse of legal drugs while performing county business is prohibited.
(5) Elected or appointed officials, poll-workers, and Seniorworks participants shall be exempt from the testing provisions of this policy.
(C) Prohibited conduct.
(1) Manufacturing, trafficking, possession and use. Any employee engaged in the manufacture, distribution, dispensing, possession or use of prohibited substances on county premises, in county vehicles/equipment, in uniform, or while on county business will be subject to disciplinary action, up to and including termination. Law enforcement shall be notified, as appropriate, where criminal activity is suspected.
(2) Intoxication/under the influence. Any employee who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be removed from job duties pending an investigation and verification of condition. Employees found to be under the influence of prohibited substances or who fail to pass a drug or alcohol test shall be removed from duty and subject to disciplinary action up to and including termination. CDL holders must be removed immediately from performing safety sensitive functions.
(3) Alcohol use and possession. No employee shall report to duty or remain on duty when his or her ability to perform assigned functions is adversely affected by alcohol or when his or her blood alcohol concentration is .02 or higher. No employee shall use alcohol while on duty or during periods while they are on breaks or at lunch or performing non-safety-sensitive functions. No employee shall have used alcohol within four hours of reporting for duty. No employee shall use alcohol during the hours they are on-call. Employees are prohibited from consuming alcohol during the eight hours immediately following certain vehicle accidents or until the employee has been tested. Violations of these provisions are prohibited and punishable by disciplinary action up to and including termination.
(4) Use of alcohol at county sponsored activities. Alcohol is prohibited at all official activities where county business is conducted or where services are provided. The prohibition applies to both public and private facilities, vehicles and premises. Alcohol use in conjunction with any county sponsored activity is prohibited on all county facilities, vehicles and premises at all times except as expressly approved by the county manager and county attorney. Any county sponsored activity where the serving of beer, wine or spirits have been so approved must serve adequate amounts of food; offer non-alcoholic beverage options; observe state laws regarding the sale and service of alcoholic beverages; have alternate transportation available; promote and provide for designated drivers; and have event organizers acknowledge and understand how these issues affect the county’s general liability and public image. Violation of these provisions is prohibited and punishable by disciplinary action up to and including termination.
(5) Inspections/searches. York County reserves the right to conduct searches or inspections of property assigned to an employee and their personal belongings whenever there are reasonable grounds to believe that a specific employee is in possession of alcohol or illegal drugs which are prohibited under this policy. Such searches or inspections may include, for example, an employee’s locker, desk, purse or county-assigned vehicle, including being asked to empty their pockets. Search efforts will be conducted by the employee’s supervisor/manager in cooperation with local law enforcement authorities. All searches under this policy will occur with the utmost discretion and consideration for the employee involved.
(D) Requirements.
(1) Compliance with testing requirements. All employees (except those previously specified) are subject to urine drug testing and breath alcohol testing at the county’s expense as a condition of employment. Any employee who refuses to comply with a request for testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution shall be removed from duty immediately, and be subject to termination. Refusal can include the inability to provide a specimen or breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test.
(2) Treatment requirements. The county encourages all employees to voluntarily and confidentially seek assistance at an early date, prior to testing for any substance abuse problem, through the Employee Assistance Program (EAP), employee health plan or other outside source. The county has furnished a voluntary Employee Assistance Program to assist all employees who wish to seek help for alcohol and drug problems. Participation in the EAP is confidential and will not jeopardize employment or advancement with the county. Should an employee undergo alcohol/drug treatment, whether voluntary or mandatory, any absence from the job should be handled in accordance with existing leave policies and benefit policies. In the case of mandatory treatment, it is the employee’s responsibility to verify compliance to his or her supervisor. Refusal to accept referral to mandated treatment or to follow recommended treatment plans will be considered a violation of this policy and, therefore, may subject the employee to corrective or disciplinary action up to and including termination. Employees who fail or refuse to take a test must be referred to a substance abuse professional (SAP) who: (1) must determine what assistance or rehabilitation is needed; (2) oversee rehabilitation; and (3) set up a follow-up testing plan. It remains the responsibility of the employee to meet established work standards.
(3) Notifying the county of a criminal drug conviction. Any employee who fails to notify the county within five days of a criminal drug statute conviction shall be subject to disciplinary action up to and including termination.
(4) Notifying the county of a suspended or revoked driver’s license. Employees, whose duties require the operation of a county motor vehicle, must report to the county any change in their driver’s license status, including suspension and revocation, resulting from alcohol (such as, conviction for driving under the influence) or drug misuse. Failure to do so may result in disciplinary action up to and including termination.
(5) Refusal to submit. A refusal to submit to a drug or alcohol test is defined as: (1) failing to provide adequate breath for testing without a valid medical explanation after the employee has received notice of the requirement for breath testing in accordance with policy requirements; (2) failing to provide adequate urine for controlled substances testing without a valid medical explanation after the employee has received notice of the requirement for urine testing in accordance with policy requirements; or (3) engaging in any conduct that clearly obstructs the testing process after the employee has received notice of the requirements for breath or urine testing in accordance with policy requirements. Refusal by a county employee to submit to an alcohol or drug test, when requested to do so under the terms of this policy, will be considered the same as a confirmed positive test result. This action will require that they be referred to a substance abuse professional and will be grounds for disciplinary action up to and including termination.
(E) Drug-Free Awareness Program/education and training.
(1) Based upon provisions of the Drug-Free Workplace Act of 1988 and the education and training requirements of 49 CFR Part 382 and 40, York County will establish a Drug-Free Awareness Program to assist employees and supervisors to understand and avoid the perils of substance abuse. This program will be part of an ongoing educational effort to maintain a drug-free workplace.
(2) This program will inform employees about:
(a) The dangers of substance abuse in the workplace;
(b) York County’s policy of maintaining a drug and alcohol free workplace; and
(c) The requirements of 49 CFR Part 382 and 40 and the county’s efforts in meeting those requirements.
(3) Within the first year of employment, all covered employees shall undergo an orientation by the county covering the effects of drug and alcohol abuse, its safety implications, and this substance abuse policy.
(F) Definitions.
ALCOHOL. Alcohol is a central nervous system depressant. It is the major intoxicating ingredient in wine, beer and distilled liquor. It is the product of distillation of any fermented liquid whether rectified or diluted. It includes synthetic ethyl alcohol.
COMMERCIAL MOTOR VEHICLE.
(a) Has a gross combination weight rating of 26,001 or more pounds, exclusive of a towed unit, with a gross vehicle weight rating of more than 10,000 pounds; or
(b) Has a gross vehicle weight rating of 26,001 or more pounds; or
(c) Is designed to transport 16 or more passengers including the driver; or
(d) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which requires the motor vehicle to be placarded under the Hazardous Material Regulations, 49 CFR, Part 172, Subpart F.
CONTROLLED SUBSTANCE. Any of those substances listed under the South Carolina Drug Law, Section 44-53-10 et seq. as well as those substances listed on schedules I through V, 21 USC S 812, as they may be revised from time to time.
DRUG. Any chemical substance which produces physical, emotional, and behavioral changes in the user including controlled substances and/or illegal drugs. For the purposes of testing, DRUGS mean marijuana, cocaine, opiates, phencyclidine (PCP) and amphetamines. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescribed drugs.
EMPLOYEE ASSISTANCE PROGRAM (EAP). A county sponsored program that offers assessment, short-term counseling and referral services to employees for a wide range of personal, drug, alcohol and mental health problems. The program monitors the progress of employees while in treatment.
ILLEGAL DRUG. Drugs for which the sale, possession, use or distribution is unlawful in the State of South Carolina. For the purpose of this policy, illegal drugs include drugs that are not legally obtainable and drugs that are legally obtainable but have been illegally obtained.
LEGAL DRUGS. A legally prescribed drug means the individual has a prescription or other written approval from a licensed physician for the use of the drug in the course of medical treatment. All prescription drugs must be in the employee’s name and in the original container. It must include the patients name, the name of the substance, quantity/amount to be taken and the period of authorization.
MEDICAL REVIEW OFFICER (MRO). A licensed physician with knowledge of substance abuse disorders and appropriate training to interpret drug/alcohol test results together with an individual’s medical history and other relevant biomedical information. The MRO receives and evaluates laboratory tests generated pursuant to the county’s drug and alcohol testing policy.
MATERIAL PARTICIPANT. Any person who has an active, on-site role in directing or participating in an activity that results in a fatal accident.
SAFETY-SENSITIVE FUNCTION.
(a) Includes any of those on-duty functions listed below. On-duty means all time from the time the employee begins work or is required to be in readiness to work until the time he or she is relieved from work and includes:
1. All time at a facility waiting to start a work activity;
2. All time inspecting work equipment as required for operation, servicing or preparing equipment for operation;
3. All time driving vehicles or operating equipment;
4. All time loading or unloading a vehicle, supervising or assisting in the loading or unloading a vehicle, remaining in readiness to operate the vehicle;
5. All time spent performing the driver requirements related to an accident; and
6. All time repairing, obtaining assistance or remaining in attendance upon a disabled vehicle.
(b) Positions determined to involve SAFETY-SENSITIVE FUNCTIONS include those that the condition or action of an individual affected by alcohol or drugs could result in significant harm or death to another employee, themselves or the public at large. The job functions associated with safety-sensitive positions have a direct and immediate impact on public health and safety, the protection of life and property, or law enforcement.
SERIOUS EMPLOYEE ACCIDENT. A vehicle accident involving a fatality; an accident causing bodily injury requiring medical treatment away from the scene of the accident where the employee receives a citation for a violation; or an accident where one or more vehicles incurs disabling damage requiring towing away from the scene and where the employee receives a citation for a moving violation.
SUBSTANCE ABUSE PROFESSIONAL. The substance abuse professional (SAP) shall be a licensed physician, or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor, with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol-related disorders. The SAP shall evaluate each employee who has engaged in prohibited conduct regarding the use of drugs and alcohol to determine what assistance, if any, the employee needs in resolving problems associated with use of drugs and alcohol.
WORKPLACE. Any site for the performance of work by an employee, including but not limited to any county building or premise or county-owned vehicle; any building or premise used by the county for county business; and any non-county property during a county-sponsored or county-approved activity, event, or function. WORKPLACE also includes all county-owned property such as, but limited to, offices, desks, lockers, safes, file cabinets, and toolboxes.
(G) Responsibilities.
(1) The County Manager’s office or his/her assigned department is responsible for:
(a) Administration and broad oversight of the county’s Substance Abuse Program;
(b) Oversight of contracted services, supervisory training, notification processes, record keeping and the appropriate protection of sensitive information;
(c) The County Manager’s office or his/her assigned department will keep verified negative test result information for one year, records of collection and employee training for two years; verified positive test results, refusal information and referral information for five years. The information involving alcohol/drug testing shall be treated as confidential to the extent possible within the scope of this policy. Information will be maintained in a file separate from the employee’s personnel file. This information will be disclosed only to those personnel involved with the discipline of the employee or who have a legitimate need to know the information.
(2) Elected officials, County Manager, assistant County Manager and department directors are responsible for:
(a) Maintaining a drug and alcohol free workplace;
(b) Knowing and complying with the provisions of this policy;
(c) Notifying affected employees that they are subject to testing;
(d) Authorizing/directing testing of employees;
(e) Ensuring prompt employee notification when directed to test;
(f) Ensuring testing correspondence/results are kept confidential;
(g) Ensuring that subordinate supervisors are trained in drug/alcohol misuse recognition;
(h) Implementing appropriate action for failure to comply with this policy;
(i) Attending all required substance abuse training as provided.
(3) Supervisors at all levels are responsible for:
(a) Maintaining a drug and alcohol free workplace;
(b) Reporting and documenting behavior that suggests reasonable suspicion exists to warrant drug/alcohol testing;
(c) Understanding the substance abuse policy, explaining the policy to employees, and knowing when to take action;
(d) Advising employees whenever they see changes in performance or behavior that suggest an employee has a drug or alcohol problem. It is not the supervisor’s job to diagnose personal problems or treat substance abuse problems (these are the responsibilities of the medical review officer or substance abuse professional); however, supervisors should encourage such employees to seek help and advise them about valuable resources for getting help; and
(e) Attending all required substance abuse training as provided.
(4) All employees are responsible for:
(a) Maintaining a drug and alcohol free workplace;
(b) Knowing and complying with this policy; and
(c) Advising supervisors when taking substances that may impair performance or safe execution of their duty.
(H) Testing for prohibited substances.
(1) (a) Alcoholic beverages and drugs are considered to be prohibited substances in the workplace. Analytical urine drug testing and breath testing for alcohol may be conducted when circumstances warrant or as authorized or required by federal and/or state law and regulations. All employees (except those stipulated in this policy), as a condition of employment, may be subject to testing at the county’s expense prior to employment, for reasonable suspicion, and following any accident involving property damage and/or personal injury. In addition, all employees will be tested prior to and after return-to duty after failing a drug test and/or after completion of rehabilitation treatment. The county will provide for initial testing of all employees as called for under this policy; however, the cost of any necessary treatment or rehabilitation shall be at the employee’s expense except where coverage for these expenses may be provided for eligible employees under provisions of the county’s benefit programs. Employees will be asked by their supervisor or other appropriate county officials to report to a testing site. Employees who are believed to be under the influence of drugs/alcohol will be transported to the testing site by the employee’s supervisor, deputy sheriff or other appropriate county officials. Applicants subject to testing will be told to report to the testing site at a specified time.
(b) Those employees who perform safety sensitive functions as defined in this policy (and listed in Appendix, Exhibit B); or who maintain a commercial driver’s license and operate vehicles over 26,001 pounds as identified in this policy shall, as a condition of employment, also be subject to testing on a random unannounced basis.
(c) To obtain satisfactory results from a drug screening, there must be an absence of any illegal substances and the presence and use of any prescription drug must be in accordance with the prescribing physician’s instructions and be consistent with the maintenance of a safe and productive workplace.
(d) Testing shall be conducted in a manner to assure a high degree of accuracy and reliability using techniques, equipment and laboratory facilities that have been approved by the U.S. Department of Health and Human Services. All testing will be conducted consistent with the procedures put forth in 49 CFR Part 40. (Approved testing facilities are noted in Appendix, Exhibit A.)
(e) Drug screening will test for marijuana, cocaine, opiates, phencyclidine and amphetamines/methamphetamines. If a sample tests positive for an aforementioned controlled substance, a confirmation test will be conducted using gas chromatography/mass spectrometry analysis.
(f) Tests for alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration approved evidential breath testing device operated by a trained breath alcohol technician. For alcohol screening, an alcohol concentration of .02 or higher will constitute a positive test. A positive test will be immediately (within 20 minutes) confirmed by a second screening. If the second test results in a concentration level of .02 or higher, the outcome will be deemed a valid positive. A second test resulting in a concentration of less than .02 will result in an overall negative screening outcome. With all positive tests, the Medical Review Officer (MRO) will contact the employee being tested to determine if there is an alternative medical explanation for test results. If documentation is provided and the MRO determines that there is a legitimate medical use for the prohibited substance, the test result may be reported to the county as a “negative.”
(g) York County affirms the need to protect individual dignity, privacy and confidentiality throughout the testing process.
(2) Pre-employment testing.
(a) All candidates for employment shall be informed that the pre-employment process includes drug screening. This policy will apply to all applicants for any regular full-time, regular part-time position and some temporary positions open except elected officials, Seniorworks and School to Work program participants, poll/election workers, and county interns. Current county employees applying for other vacant positions with York County will not be required to complete a pre- employment test unless they are applying for a position requiring a CDL or a position included in this policy as a “safety-sensitive” position. All job applicants must express understanding, by electronic signature and/or submission of an application, that he or she understands the offer of employment is contingent obtaining satisfactory results from a pre-employment drug screen. In considering the hire of job applicants currently possessing a CDL, York County is required to obtain, pursuant to the applicant’s consent, information of the applicant’s prior employment alcohol tests with a concentration of .02 or greater, positive controlled substances test results, and refusals to be tested, within the preceding two years, that are maintained by the applicant’s previous employers. Failure of the applicant to provide such consent will result in denial of employment, or if such information is obtained after employment is gained with the county, as an employee the applicant is subject to discipline up to and including termination. If the requested information cannot be obtained or a previous employer does not comply with the county’s request, the documentation of such action must be kept with the applicant’s other testing information. As an employee, the applicant can perform safety sensitive functions under these documented circumstances.
(b) Applicants who have received an offer of employment must successfully complete a drug detection test. A negative alcohol/drug test result does not guarantee an applicant employment. A person may not begin working for the county before the results of the test are known. Pre-employment screening for alcohol may be conducted at the county’s option. A verified positive finding of alcohol or illegal drugs will result in a denial of employment. In those situations, the applicant will be informed that he or she has failed to meet medical standards. Applicants testing positive will be ineligible to apply for employment with York County for one year unless they provide certified documentation of successful completion of a substance abuse rehabilitation program. A positive drug/alcohol test administered by York County may be considered in future hiring decisions.
(c) Applicants will be required to sign an informed consent form. A refusal to consent or failure to appear at the designated collection site on the appointed date and time will terminate the hiring process.
(d) Drug/alcohol test results will be reported to the County Manager’s Office or his/her designated department and positive test results will be reported to the applicant by the testing facility. The applicant will be promptly notified by the Medical Review Officer (MRO) at the drug testing facility. As part of the notification process, the applicant will be provided an opportunity to explain positive results.
(e) Prescribed use of legally controlled substances under the auspices of a properly licensed health care professional will not deny the applicant an opportunity for employment unless the treatment adversely affects job performance. Prescriptions must be substantiated by a verifiable medical report.
(f) Applicants who refuse to test or who attempt to tamper with tests may be denied employment.
(3) Procedure for pre-employment testing and screening.
(a) When the hiring authority has made a selection decision, the prospective employee will be offered employment contingent on passing a drug/alcohol screening test. The hiring authority will also inform the County Manager’s office or Human Resources Department of the contingent employment offer. Time and most convenient location of a county designated testing facility will be coordinated through the approved credential verification vendor. Testing should be completed within two days (48 hours) of the offer of employment (or request).
(b) The testing facility will inform the County Manager’s office or his/her designated department of test results. If the test results are negative, the County Manager’s Office or his/her designated department will notify the hiring authority and process necessary paperwork. A prospective employee will not begin employment until a negative testing outcome is established.
(c) If test results are positive (drug/alcohol thresholds are exceeded), the County Manager’s Department or his/her designated department will record the information and notify the hiring authority. The hiring authority will take appropriate steps to fill the position with another candidate. (In cases where the initial testing results are positive, lab protocol may require that they confirm the testing results directly with the applicant in order to verify/rule out the presence of prescription drugs.)
(4) Random testing and screening.
(a) Employees in the below listed categories will be subject to random, unannounced drug and alcohol testing in accordance with U.S. Department of Transportation (U.S. D.O.T.) mandated policy and procedures and York County policies:
1. Designated commercial driver’s license holders who operate commercial motor vehicles exceeding 26,001 pounds per U.S. D.O.T. regulations; and
2. Those employees currently in designated safety-sensitive positions (see Appendix, Exhibit B).
(b) D.O.T. covered employees of the county will be pooled separately for random selection purposes.
(5) Procedures for random testing and screening.
(a) 1. The Human Resources Director will arrange to select via a computer generated random sample the specified number of employee names from each of the below listed employee groups quarterly:
a. CDL holders - 50% of the total number of current license holders per calendar year to be selected for drug testing quarterly. Twenty-five percent of the total number of current license holders per calendar year to be selected for alcohol testing quarterly.
b. Others in “safety-sensitive positions” - 25% of the total number of others per calendar year to be selected for drug and alcohol testing quarterly.
2. The random alcohol test may only be administered just prior to the employee performing a safety sensitive function, while the employee is performing a safety-sensitive function or just after the employee has stopped performing a safety-sensitive function.
(b) Human Resources Director or his/her designee notifies the appropriate department director for each of the employees selected for random testing. Some employees may be tested more than once in a year, while others may not be tested at all depending on the random selection process. The supervisor or department director shall explain to the employee that the employee is under no suspicion of taking drugs or using alcohol and that the employee’s name was selected randomly pursuant to this policy. An employee selected for random testing may obtain a deferral of testing only if the employee’s supervisor and department director concur that a compelling need necessitates a deferral on the grounds that the employee is:
1. In a leave status (sick, annual, administrative or leave without pay);
2. On official travel status away from the job site or about to debark on official travel prior to the testing notification. An employee whose random test is deferred will be subject to an unannounced test within the following 60 days; or
3. Off-shift which would result in the employee reporting for appropriate screening on the next regularly scheduled shift.
(c) Human Resources staff is responsible for making arrangements with the testing lab for each of the employees selected for random testing. Department directors are responsible for providing/arranging transportation for the employee to and from the testing lab.
(d) Test results shall be provided to the Human Resources Director as they become available. The Human Resources Director will notify the employee’s department director if there is a verified positive test result. The department director is responsible for taking any follow-up action with the employee in the event of a verified positive test result. This action may include referral to the county EAP and/or any appropriate disciplinary action as outlined in county personnel policies.
(e) A return-to-duty test must be conducted prior to an employee returning to work following a verified positive test result. Thereafter, the employee may be subject to unannounced follow-up drug tests in the next 12-month period.
(6) Reasonable suspicion testing for substance abuse.
(a) 1. All employees except those previously specified (see division (B) Scope/application) may be subject to fitness for duty evaluation, to include appropriate urine and/or breath testing when there are reasons to believe that drug or alcohol use is adversely affecting job performance. The supervisor’s determination of reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. A reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances that are consistent with the long or short-term effects of substance abuse. Suspicion is not reasonable if it is based solely on the observations and reports of third parties or a violation of a safety rule or other unsafe work act.
2. Examples of reasonable suspicion include but are not limited to:
a. Adequate documentation of unsatisfactory work performance or on-the-job behavior together with other manifestations of substance abuse such as: excessive absenteeism, attendance problems, poor work-performance, and/or erratic behavior;
b. Physical signs and symptoms consistent with prohibited substance abuse such as: bloodshot or watery eyes; very large or very small pupils; runny nose; excessive perspiration; nausea and vomiting; lack of coordination; slurred speech; or unpredictable responses to ordinary requests;
c. Evidence of the manufacture, distribution, dispensing, possession, or use of controlled substances;
d. Occurrence of a serious or potentially serious accident that may have been caused by human error;
e. Fights (meaning physical contact), assaults, and flagrant disregard or violations of established safety, security, or other operating procedures.
(b) Supervisors at all levels are responsible to recognize and evaluate circumstances and behavior that may warrant reasonable suspicion drug/alcohol testing. Reasonable suspicion determinations will only be made by supervisors who are properly trained to detect the signs and symptoms of substance abuse and who can reasonably conclude that an employee may be adversely affected or impaired in his or her work performance due to prohibited substance abuse or misuse. The required observations must be made by two of the employee’s supervisors (supervisor/division head/department director/assistant County Manager/County Manager as appropriate) who are trained in detecting the signs and symptoms of misuse of alcohol and drug use. The county Employee Assistance Program (EAP) should be consulted, if possible, during the deliberation process. Supervisors who have reasonable suspicion that an employee is under the influence of alcohol or illegal drugs will document the specific facts, symptoms or observations that form the basis of such reasonable suspicion in detail. An Observation of Impairment Report prepared by the supervisor and approved by the appropriate department director/assistant County Manager/County Manager should be submitted to the Personnel Director.
(c) To ensure that supervisors are trained to make reasonable suspicion determinations, supervisors vested with this authority must attend at least one hour of training on alcohol abuse and one hour on controlled substance use as described in division (E), Drug-Free Awareness Program/education and training. The training covers the physical and behavioral manifestations of probable misuse of alcohol or controlled substances. Refresher training will be provided on an as- needed basis. Training will be documented and maintained in the individual’s personnel file.
(d) Individuals directed to test will be provided a written copy of the facts and rationale leading to the testing decision prior to taking a drug/alcohol detection test. Employees will be escorted to the testing site.
(e) Drug and alcohol testing procedures and thresholds are the same as in division (H)(2)(c), (d) and (e). However, an employee whose alcohol concentration is .02 or greater but less than .04 will be removed from duty, without pay, for 24 hours from administration of the test. An employee with an alcohol concentration less than .02 need not undergo further treatment nor be required to take return-to-duty tests. Tests yielding alcohol concentrations greater than .04 will result in removal from duty without pay until return-to-duty provisions are satisfied. A positive test result (.02 or greater) may subject the employee to disciplinary action. All disciplinary actions less than termination will mandate the employee be evaluated by the county’s EAP. If intervention is warranted, the employee will be enrolled in a rehabilitation program. Employees who successfully complete the rehabilitation program are subject to a follow-up no-notice testing when returned to duty. The EAP will determine the schedule of no-notice testing; six unannounced tests may be requested per 12 months for a period of up to 60 months.
(f) Employees who fail to successfully complete the rehabilitation program may be terminated. A second positive drug or alcohol test within five years may be cause for termination.
(g) Refusal to test or attempting to tamper with the testing process are grounds for discipline up to and including termination.
(7) Post-accident testing.
(a) Following ANY vehicle or equipment accident, all reasonable steps to obtain a testing sample from an employee should be implemented (prudent medical treatment for injuries remains, however, first priority). For vehicle or equipment accidents in which the employee is medically incapacitated and law enforcement is present, the county will rely on investigating law enforcement agencies to direct testing. Any employee refusing to be tested will be disciplined up to and including termination. Post-accident testing may also be obtained for any accident that requires filing a worker compensation claim.
(b) Post-accident testing should be accomplished as soon as possible after an accident. As a guideline, testing for alcohol should be conducted within two hours of an accident; testing for drugs within 32 hours. Testing for alcohol may not be administered more than eight hours (24 hours for CDL holders) following an accident. Any employee who fails to remain readily available for post-accident testing may be deemed to have refused to submit to such testing. Employees required to take a post-accident test will refrain from consuming alcohol for eight hours (24 hours for CDL holders) after an accident or until a valid breath alcohol test has occurred.
(c) Reasons for failure to test for alcohol within two hours and for drugs within 32 hours must be explained in writing by employee’s supervisor/department director and submitted to personnel.
(d) Employees must report out of area, on duty mishaps that result in the employee being tested for drugs/alcohol by a legally empowered testing agency. The employee must notify his or her supervisor of the incident as soon as possible after occurrence.
(e) No affected employee will be permitted to take leave until required testing is complete.
(f) Testing procedures/criteria are the same as in division (H)(2)(c), (d) and (e).
(g) Refusal to test or tampering with the testing process is grounds for termination.
(8) Return-to-duty testing.
(a) All employees who previously tested positive on a drug or alcohol test must test negative and be evaluated and released to duty by the substance abuse professional (SAP) before returning to work. The employee will be subject to no-notice testing as outlined in division (H)(4).
(b) A covered employee must submit to a return-to-duty test before he or she may be returned to his or her safety sensitive position. The test result must indicate an alcohol concentration of less than .02 or a verified negative result on a controlled substance test. Absences will be without pay following notification of positive test results. Because studies have shown that the relapse rate is highest during the first year of recovery, return-to-duty tested employees are subject to follow-up testing which is separate from the random testing. For employees identified as needing assistance in resolving problems associated with alcohol/drug abuse, the county may perform at least six unannounced drug/alcohol tests on such employees during their first year back in their commercial driver’s license capacity. Return-to-duty follow-up testing can be conducted for up to 60 months from the date of the employee’s return to duty.
(9) Tests by other jurisdictions. Results of a drug or alcohol test conducted by legally authorized federal, state or local officials shall be considered to meet the requirements of this policy if testing conforms to applicable federal, state or local requirements. A legal demand for testing must be made while the employee is on duty for the test to be accepted under the provisions of this policy.
(10) Release of testing information. Employee test results will be handled confidentially and on a “need-to-know” basis. Records will be stored to provide carefully controlled access. Records are the property of York County. Copies of test results shall be made available to the employee for inspection and copying. Individual records will not be released to outside agencies/individuals without the employee’s written consent unless mandated by law. Violation of an employee’s confidentiality can result in disciplinary action leading to termination.
(11) Employee rights.
(a) Embodied in the county’s desire to maintain a drug and alcohol free workplace is the commitment to assist employees who on their own seek treatment for substance abuse. The county will not initiate disciplinary action against an employee who meets all of the following conditions:
1. Voluntarily self-identifies as an alcohol/drug abuser before being identified through other means;
2. Obtains professional counseling or rehabilitation through an EAP or other formal drug/alcohol mediation program;
3. Refrains from abusing drugs/alcohol thereafter.
(b) Employees have the prerogative to file a grievance for any disciplinary action pursuant to this policy in accordance with established county procedures. Compliance with York County’s substance abuse policy is a condition of employment. Failure or refusal to cooperate fully, sign any document, submit to any inspection or test, or follow any prescribed course of substance abuse treatment as called for in this policy may be grounds for disciplinary action up to and including termination.
(I) Generally. This policy is intended to be a unilateral expression of the general policies, procedures and guidelines concerning the Omnibus Transportation Employee Testing Act and the Drug Free Workplace Act. It is not intended to create contractual rights of employment, either express or implied, between the county and its employees. In addition to the general policies and procedures listed above, county employees will continue to be covered by the policies and procedures as listed in the county’s personnel policies. The county reserves the right to interpret, change, rescind, or depart from this policy in whole or in part without notice.
(Ord. 2601, passed 7-16-01; Am. Ord. 1214, passed 5-5-14; Am. Ord. 5717, passed 11-6-17; Am. Ord. 3918, passed 8-20-18; Am. Ord. 2823, passed 5-1-23)