Article V. Drug and Alcohol Policy
Section 1. Purpose
The purpose of this Policy is to maintain a drug---free and alcohol---free workplace and to provide procedures for testing job applicants and employees for the use of illegal drugs, the improper use of prescription medications, and the misuse of alcohol.
Section 2. General Policy on Driving or Working under the Influence
Persons employed by the County shall not, under any circumstances report to work, work or operate County owned, leased, or rented vehicles, or personal vehicles while on County business, while under the influence of drugs, including prescription drugs, if it is the opinion of a competent medical authority that driving ability is impaired by such substances.
County employees shall not report to work, work or operate County owned vehicles while under the influence of or with the smell of beer or other intoxicating beverages on their breath.
Employees suspected to be in violation of this Section shall be immediately reported to the County Manager who may suspend the suspected violator without pay, allowances or benefits until an investigation is conducted. If it is determined that the employee is not in violation of this Section, the employee shall be returned to duty with no loss of remuneration or benefits. If the employee is found to be in violation of this Section, he/she shall be discharged for unacceptable personal conduct according to the procedures outlined in herein.
Section 3. Drug and Alcohol Testing
Purpose: The purpose of this Policy is to maintain a drug-free and alcohol-free workplace and to provide procedures for conducting screenings of job applicants and employees for the use of illegal drugs.
Definitions:
ACCIDENT– An occurrence involving any County employee while on-duty with a County-owned or personally-owned motor vehicle operating on a public road that results in a fatality; bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle(s) to be towed away from the scene. An accident is also an occurrence involving any County employee while on-duty operating heavy equipment and/or machinery that results in a fatality; bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident.
ALCOHOL ABUSE– Improper uses or use to excess of alcoholic beverages
ALCOHOL TEST– A test for the presence of alcohol in the body as determined through the use of a breath alcohol test, evidential breathalyzer test, or blood screening.
ALCOHOL DEPENDENCY REHABILITATION PROGRAM – A program designed to assist participants in controlling a dependency to alcohol, with the program being one that is commonly accepted by the medical community.
EMPLOYEE – Any Full Time, Part Time, temporary, reserve officer and/or contract employee with the County.
ILLEGAL DRUGS – Any controlled substance, or narcotic, as listed in Schedules I through VI of Section 202 of the Controlled Substances Act (21 USC 812) or Chapter 90, Sections 87- 94 of the North Carolina General Statutes, or a metabolite thereof.
ILLEGAL DRUG USE – The physical consumption of any amount of controlled substance as defined in ILLEGAL DRUGS, or a metabolite thereof.
POSITIVE SAMPLE – With the respect to the results of a test for illegal drugs, means a laboratory finding of the presence of an ILLEGAL DRUG(S) or a drug metabolite in the urine, hair or blood of an employee being tested; all positive tests will be confirmed using a different technology than was used for the first test. The second test does not include the test authorized for the employment finalist or current employee, under North Carolina General Statute 95-232 (f) and 13 North Carolina Administrative Code 20.0400.
REASONABLE DETERMINATION – Whereby the County Manager considers any personal observations and the written observations of the Department Head and concludes from such observations that an employee in question may have consumed an illegal drug(s) and/or may have consumed alcohol immediately before or during the work period.
REASONABLE SUSPICION – Whereby a Department Head and/or the County Manager have reasonably held, objective evidence that an employee in question may have consumed an illegal drug(s) and/or may have consumed alcohol immediately before or during the work period or is otherwise impaired.
SAMPLE FOR ILLEGAL DRUGS – The providing of urine, hair or blood used in testing to determine the presence of illegal drugs.
SUBSTANCE ABUSE REHABILITATION PROGRAM – A program designed to assist participants in controlling a dependency to any ILLEGAL DRUG(S), with the program being one that is commonly accepted by the medical community.
TEST FOR ILLEGAL DRUGS – A test, including providing the necessary sample of urine, hair or blood by the employee being tested, for the presence of any of the controlled substance, as defined in ILLEGAL DRUGS.
TERMINATED – Whereby the County Manager ends an employee’s work with the County either by immediate dismissal or by accepting his or her letter of resignation.
Section 4. Pre- Employment Screening
As a post-offer, pre-employment condition of employment, all finalists for any employment position with the County shall take a test for illegal drugs within eight (8) hours of being directed to do so. Any finalist who delays or refuses to provide a sample for illegal drugs shall not be further considered for employment. The results of the test for illegal drugs shall be provided to the County before any position may be offered. A position shall not be offered to any finalist who provides a positive illegal drug sample. A finalist who provides a positive illegal drug sample shall be notified of his/her rights to retest the sample, pursuant to North Carolina General Statute 95-232 (f) and 13 North Carolina Administrative Code 20.0400.
Furthermore, any post-offer, pre-employment finalist who provides a positive illegal drug sample shall not be considered for any employment with the County for a period of one (1) year from the date of the positive illegal drug sample. Moreover, any finalist who provides a positive illegal drug sample shall not be considered for employment until the applicant completes a substance abuse rehabilitation program, to be completed following the positive illegal drug sample.
Section 5. Reasonable Suspicion Testing
The County Manager shall direct a test for illegal drugs and/or alcohol test to be taken by an employee in question immediately, not to exceed four (4) hours, of making the reasonable determination that the employee has used an illegal drug(s) and/or consumed alcohol immediately before or during work period. The employee in question shall be transported, by the County, to the testing location. The reasonable determination shall be based, in part, on the written observations of the Department Head and /or the County Manager of the employee in question’s behavior leading to the reasonable suspicion of illegal drug use and/or alcohol use. Credible reports of impairment or intoxication from reliable third-party sources may also be considered, subject to corroboration. Written observations shall be signed and completed within two (2) hours of the actual observation. Under this section, any employee in question who delays or refuses to provide either sample shall be immediately suspended without pay for a period not to exceed seven (7) days from the date of delay or refusal. During the suspension, the County Manager shall make the determination whether the delay or refusal warrants additional disciplinary action up to termination. The employee in question shall provide a written and signed statement explaining his or her actions for delaying or refusing to provide either sample.
If an employee in question provides a positive alcohol sample under this section, the employee shall be immediately transported, by the County, to his or her primary residence and shall be suspended without pay for a period not to exceed seven (7) days from the date of the positive sample. During the suspension the County Manager shall make the determination whether the positive alcohol sample warrants disciplinary action up to termination. The County Manager shall take into account that individuals recovering from addictions may qualify for protection and accommodation under federal and state disability laws.
An employee in question who provides a positive drug sample shall be notified of his/her rights to retest the sample, pursuant to North Carolina General Statute 95-232 (f) and 13 North Carolina Administrative Code 20.0400. If an employee in question provides a positive illegal drug sample under this section, the employee in question shall be terminated.
Section 6. Post-Accident Testing
Any employee involved in any accident and deemed responsible by the police report shall be required to take a test for illegal drugs and/ or alcohol test, immediately following the accident, not to exceed four (4) hours. The employee shall be transported to the testing location by the County.
Under this section, any employee who delays or refuses to provide either sample shall be immediately suspended without pay for a period not to exceed seven (7) days from the date of the delay or refusal. During the suspension, the County Manager shall make the determination whether the delay or refusal warrants additional disciplinary action up to termination. The employee shall provide a written and signed statement explaining his or her actions for delaying or refusing to provide either sample.
If the employee provides a positive alcohol or drug sample under this section, the employee shall be transported, by the County, to his or her primary residence and shall be suspended without pay for a period not to exceed seven (7) days from the date of the positive sample. During the suspension, the County Manager shall make the determination whether the positive alcohol or drugs sample warrants disciplinary action up to termination. The County Manager shall take into account that alcohol abuse is considered to be a disability.
An employee who provides a positive illegal drug sample shall be notified of his/her rights to retest the sample, pursuant to North Carolina General Statute 95-232 (f) and 13 North Carolina Administrative Code 20.0400. If an employee provides a positive illegal drug sample under this section, the employee shall be terminated.
Section 7. Re-Employment of a Terminated Employee
Any employee terminated under the terms of this Policy shall not be considered for reemployment with the County for a period of one (1) year from the date of termination.
Furthermore, the former employee shall not be considered for re-employment until the former employee completes a substance abuse rehabilitation program and/or alcohol dependency rehabilitation program, to be completed following the positive illegal drug sample and/or positive alcohol test.
Section 8. Confidentiality
Records concerning any employee’s involvement with this Policy shall be confidential and only released in conformance with North Carolina General Statutes 160A-168 and 13 North Carolina Administrative Code 20.0500.
Section 9. Enforcement
The County Manager shall be responsible for the enforcement of this Policy.
Section 10. Severability
Any section of this Policy determined to be inconsistent with Federal, State and/or common law shall not be enforced and shall not interfere with the enforcement of the remaining sections of the Policy.