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October 17, 2016 (Regular Meeting) <br />Page 2910 <br />1. During work hours including lunch time and breaks; <br />2. While operating County equipment (including vehicles); <br />3. While on any property owned, leased, or rented by Cabarrus County except <br />the Historic Cabarrus Courthouse or the Cabarrus County Arena and Events <br />Center during an event or function in which alcohol use is allowed as <br />provided in 3.4. below; <br />4. At any time the employee is acting in the course and scope of his or her <br />employment with the County, except while attending business, social and <br />other functions. The business or social situations would normally occur <br />after work hours and the employee would not be returning to his or her <br />normal work site. This would not preclude an employee's return to work on <br />an emergency need basis as long as current state driving standards are <br />met; <br />5. When on -call as defined by the On -Call Policy; <br />6. At any other time that the employee's use of alcoholic beverages has or <br />may have a direct and adverse effect upon the performance of his or her <br />job. <br />C. The County prohibits the use of prescription or lawful non - prescription <br />medications by an employee while operating County equipment (including <br />vehicles) or when acting in the course and scope of his or her employment <br />with the County when the use has a direct and adverse effect upon the safe <br />operation of equipment or a vehicle or on the performance of his or her <br />duties. Employees are required to report use of any substance which carries <br />a warning label that indicates that mental functioning, motor skills, or <br />judgment may be adversely affected to a supervisor prior to work. <br />D. Employees in safety - sensitive positions may not take prescription <br />medications while at work or expected to be available to work, unless the <br />prescription medications are prescribed by a physician who considered the <br />safety sensitive nature of the employee's job when prescribing the <br />medication. The employee is required to provide a written release from <br />his /her doctor or pharmacist indicating that the employee can perform his /her <br />safety- sensitive functions. <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 <br />promulgated thereunder; <br />2. Notify his or her supervisor in writing of any conviction pursuant to any <br />criminal drug or alcohol statute no later than five days after such <br />conviction. For purposes of this policy a plea of guilty, no contest, or <br />nolo contendere is a conviction; <br />3. Notify his or her supervisor immediately of an arrest or other action <br />relating to criminal drug or alcohol statutes when at work or when his or <br />her work or ability to work may be impacted. <br />4. A violation that occurs in the workplace may result in termination of <br />employment. <br />B_ Within ten days of receiving actual notice of an employee's conviction of <br />any criminal drug statute for a violation occurring in the workplace or <br />within the course and scope of employment, the County shall notify any <br />federal granting agency from which the County receives a grant regarding <br />such conviction in 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 <br />violated by another employee shall report such information to his or her <br />supervisor, department head, or the policy administrator. In the event the <br />person suspected of violating the policy is the county manager, the employee <br />shall report such information to the Chair of the Board of County <br />Commissioners. <br />D. Any employee who voluntarily seeks assistance for a problem regarding alcohol <br />or drug abuse shall be encouraged to participate in an alcohol or drug abuse <br />assistance or rehabilitation program. Voluntary admission is not considered <br />a positive test result. Once a person has been selected for testing, it is <br />too late to step forward and seek assistance. County Permitted Drivers will <br />not be allowed to drive until cleared to do so. DOT drivers and others with <br />primarily driving responsibilities will be placed on administrative leave <br />until cleared to return. This will include follow up testing as specified <br />under 49 CFR Part 40. <br />E. A supervisor or department head who has reason to believe that an employee <br />has violated a criminal drug or alcohol law shall contact the human resources <br />director to determine possible appropriate actions. Any County reports made <br />