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L <br />H. DOT regulated employees may also be subject to drug and alcohol testing upon reasonable suspicion, <br />based upon observable performance, behavioral, or physical indicators of probable drug or alcohol use. <br />I. A result of 0 .04% or higher on the DOT alcohol test is a positive test result. DOT regulated employees <br />with a DOT alcohol test result between 0.02% and 0.039% are prohibited from performing their vehicle <br />related duties for a period of 24 hours. <br />J. DOT regulated employees who receive a positive DOT drug or alcohol test result will be terminated. <br />K. If a DOT regulated employee is directed to submit to a collection under direct observation in accordance <br />with 49 CFR Part 40.67, the policy administrator or supervisor must explain to the employee the reason <br />for a directly observed collection. If the employee declines to allow a directly observed collection it is <br />considered a refusal to test. <br />L. Cabarrus County will notify North Carolina Division of Motor Vehicles within five business days of the <br />date that a DOT regulated employee tests positive or refuses to participate in a drug or alcohol test <br />required under 49 CFR Part 382 and 655, in accordance with NCGS 20-37.19. <br />M. DOT Regulations do not include the following; however, this policy may apply to employees who <br />operate any of the following vehicles due to the nature of their position. <br />1. Vehicles owned or operated by the Department of Defense, including National Guard, while driven <br />by the active duty military personnel, or members of the National Guard when on active duty, in <br />pursuit of military purposes. <br />2. Any vehicle when used as firefighting or emergency equipment for the purpose of preserving life or <br />property or to execute emergency governmental functions. <br />3. A farm vehicle that meets all the following criteria: <br />a. Is controlled and operated by the farmer or the farmer's employee and used exclusively for farm <br />use; <br />b. Is used to transport agricultural products, farm machinery, or farm supplies, both to and from the <br />farm; <br />c. Is not used in operations of a for-hire motor carrier; and <br />d. Is used within 150 miles of the farmer's farm. A farm vehicle includes a forestry vehicle that <br />meets the listed criteria when applied to the forestry operation. <br />VI. Authority to Test Emuloyees <br />Pursuant to this policy the following persons are required to submit to testing for the presence of alcohol and <br />controlled substances. <br />1. The final applicant selected for a County position as apre-employment condition. Testing is for <br />controlled substances only. <br />2. Employees holding safety-sensitive positions are subject to random testing. <br />3. All current employees who apply for or are given an assignment, promotion, or transfer to a safety- <br />sensitive position. <br />4. An employee in asafety-sensitive position who is involved in a traffic accident or violation while <br />operating a County owned vehicle or a personal vehicle while performing his or her duties as a <br />County employee. <br />L <br />r <br />i] <br />i <br />i] <br />C <br />1 <br /> <br /> <br />J <br />C <br /> <br />u <br /> <br />i- <br /> <br />C <br />F-11 Page 188 of 320 <br />