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October 17, 2016 (Regular Meeting) <br />Page 2909 <br />M. Lawful Drugs - Those prescribed or over the counter medications that are <br />lawfully obtained and used as prescribed and directed by an employee's <br />treating physician or the manufacturer's recommendations or for the purpose <br />and in the manner for which prescribed or manufactured. <br />N. MRO (Medical Review Officer) - A licensed physician trained to make the final <br />determination of whether a test for the presence of a controlled substance <br />is positive or negative. <br />0. Metabolite - The chemical or compound produced when a particular substance <br />is passed through the human body and excreted in the urine. <br />P. NCGS - North Carolina General Statutes. <br />Q. Non -DOT Safety Sensitive Position - Position with duties that involve such <br />a significant risk of injury to others that even a momentary lapse of <br />attention can have disastrous consequences. These positions are identified <br />by human resources, safety and risk management based on duties and <br />responsibilities of the employee. Included are law enforcement officers, <br />emergency medical technicians, employees operating a vehicle owned by the <br />County or a personal vehicle which is used as a major part of their work, <br />employees working with hazardous chemicals. Employees are advised if they <br />occupy a safety -- sensitive position. <br />R. Policy Administrator - The human resources director or designee responsible <br />for the administration of the Cabarrus County Drug Free Workplace Policy. <br />S. Positive Alcohol Test - Identification of an alcohol content level at or <br />above 0.04% by use of an alcohol test. (See Section III, S, 3 and 4 for a <br />possible exception.) <br />T. Positive Drug Test - Identification of a controlled substance at or above <br />the threshold values designated by SAMHSA (or 49CFR Part 40, as amended, for <br />a DOT test) in a drug test and confirmed by gas chromatography with mass <br />spectrometry (GCMS). <br />U. Reasonable Suspicion - A decision for alcohol or drug testing based upon <br />specific, contemporaneous, articulable observations concerning the <br />appearance, behavior, speech, body odors, or performance of the employee. <br />V. Retaliatory Actions - The discharge, suspension, demotion, relocation, or <br />other adverse employment action taken against an employee in the terms, <br />conditions, privileges, and benefits of employment. <br />Safety - Sensitive Position - Defined by Federal Transit Administration or <br />FTA, DOT regulated employees. Cabarrus County also defines safety- sensitive <br />as a position with duties that involve such a significant risk of injury to <br />others that even a momentary lapse of attention can have disastrous <br />consequences. These positions are identified by the human resources director <br />based on duties and responsibilities of the employee. Included are law <br />enforcement officers, emergency medical technicians, employees operating a <br />vehicle owned by the County or a personal vehicle which is used as a major <br />part of their work, and DOT regulated employees. Employees are advised if <br />they occupy a safety - sensitive position. <br />W. SAMHSA - Substances Abuse and Mental Health Services Administration. <br />X. Substance Abuse - For the purpose of this policy any use of alcohol, an <br />illegal drug, or a lawful drug which directly and adversely affects job <br />performance or safety. <br />Y. Supervisor /Department Head - A County employee to whom another employee or <br />group of employees report. <br />Z. USC - United States Code. <br />III. Prohibited Acts <br />A. The County prohibits the unlawful manufacture, distribution, dispensation, <br />possession, or use of any alcoholic beverage or any narcotic drug, <br />hallucinogenic drug, amphetamine, barbiturate, marijuana, or any other <br />controlled substance as defined in 21 USC § 812, and as further defined in <br />federal regulations at 21 CFR §1308.11 through 1308.15, and in NCGS 90 -86 <br />et seq. <br />B. The County prohibits the use of alcoholic beverages by any employee: <br />