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C <br />IV. Duties of Employees <br />A. As a condition of initial and continuing employment, each employee shall: <br />1. Comply with the terms of this policy and any rules or procedures promulgated thereunder; <br />2. Notify his or her supervisor in writing of any conviction pursuant to any criminal drug or alcohol <br />statute no later than five days after such conviction. For purposes of this policy a plea of guilty, no <br />contest, or polo contendere is a conviction; <br />3. Notify his or her supervisor immediately of an arrest or other action relating to criminal drug or <br />alcohol statutes when at work or when his or her work or ability to work may be impacted. <br />B. Within ten days of receiving actual notice of an employee's conviction of any criminal drug statute for a <br />violation occurring in the workplace or within the cow•se and scope of employment, the County shall <br />notify any federal granting agency from which the County receives a grant regarding such conviction in <br />accordance with the Drug Free Workplace Act of 1988. <br />C. Any employee who has cause to suspect that the policy has been or is being violated by another <br />employee shall report such information to his or her supervisor, department head, or the policy <br />administrator. In the event the person suspected of violating the policy is the county manager, the <br />employee shall report such information to the Chair of the Board of County Commissioners. <br />D. Any employee who voluntarily seeks assistance for a problem regarding alcohol or drug abuse shall be <br />encouraged to participate in an alcohol or drug abuse assistance or tehabilitation program. Once a <br />person has been selected for testing, it is too late to step forward and seek assistance. <br />E. A supervisor or department head who has reason to believe that an employee has violated a criminal <br />drug or alcohol law shall contact the human resources director to determine possible appropriate actions. <br />Any County reports made to law enforcement officials or County cooperation in investigations or <br />prosecutions of County employees conducted by state, federal, or local law enforcement officials <br />pursuant to criminal ding or alcohol laws must be in accordance with NCGS 153A-98, Privacy of <br />Employee Records. <br />F. No person shall discriminate or take any retaliatory action against an employee because the employee, in <br />good faith: makes a report pursuant to this policy, cooperates in an ensuing inquiry or investigation, <br />testifies in a proceeding resulting from a report, or otherwise participates in the enforcement of this <br />policy. <br />t~-VR1E. Emnloyees Covered by Department of Transportation (DOT) Regulations <br />A. Employees who perform safety-sensitive fitnction(s) as defined by the Federal Tt•ansit Administration <br />(FTA) are subject to regulation by the United States Government (DOT regulated employees). A FTA <br />safety-sensitive function is any of the following duties when performed by employees for departments <br />that receive federal funding under 49 USC 5307, 5309, 5311, or 23 USC 103(e)(4): <br />1. Operating a revenue service vehicle, including when not in revenue service; <br />2. Operating a nonrevenue service vehicle, when required to be operated by a holder of a Commercial <br />Driver's License; <br />6 <br />C <br />[_i <br />r <br />C <br /> <br /> <br />i~ <br />i~ <br />i~ <br />iJ <br />it <br /> <br />G <br />ii <br />r <br />G <br />C <br />Attachment number 2 <br />Page 164 of 320 <br />F-11 <br />