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October 17, 2015 (Regular Meeting) <br />Page 291.E <br />n. Involvement as an operator or mechanic of a County owned vehicle that <br />is involved in an accident; <br />o. Arrest for violation of any criminal drug or alcohol statute. <br />2. The department head or supervisor will complete Form D, Observation of <br />Suspect Behavior Form, with detailed information on facts, symptoms, <br />and observations of reasonable suspicion and contact the human resources <br />director. The human resources director will determine whether to order <br />testing and notify the employee's supervisor. The supervisor shall <br />arrange transportation of the employee to and from the testing site. <br />The documentation supporting reasonable suspicion will be retained <br />confidentially by the Human Resources Department. <br />3. Non -law enforcement personnel shall not use physical force to detain an <br />employee. At any time a supervisor has cause to suspect that an employee <br />is using or is under the influence of alcohol or a controlled substance <br />in the course and scope of his or her duties for the County and the <br />affected employee indicates an intention to leave the premises by his <br />or her own means, the supervisor must notify law enforcement officials <br />regarding the employee's identity, the employee's possible impairment, <br />and the employee's anticipated route and means of travel. <br />F. Other Circumstances Requiring Immediate Testing. <br />A supervisor or department head may observe an employee's behavior that is of <br />such extreme, erratic, or unsafe nature that it gives reason to believe that <br />immediate alcohol or drug testing is advisable. In the event that such a <br />situation arises and the supervisor or department head is unable to obtain <br />the authorization of the policy administrator or safety & risk manager, the <br />supervisor shall: <br />1. Ensure that any injuries or other unsafe condition are attended by <br />competent medical or other personnel; <br />2. Advise the employee of the testing requirement; <br />3. Direct the employee to report to the designated testing site and arrange <br />transportation of the employee; and <br />4. Notify the policy administrator or safety & risk manager as soon as <br />practicable. <br />G. Follow -up Testing <br />As Cabarrus County has established a zero tolerance policy, follow -up testing <br />if not generally relevant. In the instance of a self - referral the employee <br />will be subject to non -USDOT follow -up tests as specified in 49 CFR Part 40. <br />H. Testing Pursuant to State or Federal Laws, Rules, or Regulations. <br />Some employees may be required tc submit to alcohol and drug testing as required <br />by state or federal laws, rules, or regulations. The procedures for such testing <br />will be in accordance with the particular law, rule, or regulation being <br />followed. <br />VII. Testing Procedures for Applicants and County Employees <br />A. The authorized provider shall determine the procedures for the collection of <br />blood, split sample of urine, saliva, breath, or other scientific samples in <br />accordance with applicable County policies and state and federal laws, rules, <br />and regulations. All blood or urine samples shall be submitted to an SAMHSA <br />approved laboratory for analysis, and the authorized provider shall <br />communicate final test results to the policy administrator. <br />B. Any of the following is considered a refusal to test: <br />1. Refusing to sign the consent form, complete the medication form, or <br />submit to a drug test; <br />2. Engaging in conduct that clearly obstructs the testing process; <br />3. Adulterating, contaminating, or tampering with a blood, urine, saliva, <br />breath, or other sample; <br />4. Failing to report to the designated test site as directed; or <br />5. Failing to remain available for required testing. <br />C. An applicant who refuses to submit to a drug test pursuant to this policy <br />will not be considered for employment with the County. <br />D. An employee who refuses to submit an alcohol or drug test required pursuant <br />to this policy shall be subject to disciplinary action up to and including <br />dismissal. <br />E. A blood, urine, saliva, breath, or other sample that, after initial testing, <br />does not reveal the presence of a controlled substance at or above the <br />threshold values designated by SAMHSA or an alcohol content level below 0.04% <br />shall be considered to have tested negative, and no further testing may be <br />done on that sample. For a DOT drug test the verified presence of the <br />