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April 18, 2011 (Regular Meeting)
<br />Page 383
<br />2. The department head or supervisor will complete Form D, Observation
<br />of Suspect Behavior Form, with detailed information on facts,
<br />symptoms, and observations of reasonable suspicion and contact the
<br />human resources director. The human resources director will
<br />determine whether to order testing and notify the employee's
<br />supervisor. The supervisor shall arrange transportation of the
<br />employee to and from the testing site. The documentation supporting
<br />reasonable suspicion will be retained confidentially by the Human
<br />Resources Department.
<br />3. Non -law enforcement personnel shall not use physical force to detain
<br />an employee. At any time a supervisor has cause to suspect that an
<br />employee is using or is under the influence of alcohol or a
<br />controlled substance in the course and scope of his or her duties
<br />for the County and the affected employee indicates an intention to
<br />leave the premises by his or her own means, the supervisor must
<br />notify law enforcement officials regarding the employee's identity,
<br />the employee's possible impairment, and the employee's anticipated
<br />route and means of travel.
<br />F. Other Circumstances Requiring Immediate Testing.
<br />A supervisor or department head may observe an employee's behavior
<br />that is of such extreme, erratic, or unsafe nature that it gives reason
<br />to believe that immediate alcohol or drug testing is advisable. In the
<br />event that such a situation arises and the supervisor or department
<br />head is unable to obtain the authorization of the policy administrator
<br />or safety & risk manager, the 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
<br />arrange transportation of the employee; and
<br />4. Notify the policy administrator or safety & risk manager as soon as
<br />practicable.
<br />G. Testing Pursuant to State or Federal Laws, Rules, or Regulations.
<br />Some employees may be required to submit to alcohol and drug testing
<br />as required by state or federal laws, rules, or regulations. The
<br />procedures for such testing will be in accordance with the particular
<br />law, rule, or regulation being followed.
<br />VII. Testing Procedures for Applicants and County Employees
<br />A. The authorized provider shall determine the procedures for the
<br />collection of blood, split sample of urine, saliva, breath, or other
<br />scientific samples in accordance with applicable County policies and
<br />state and federal laws, rules, and regulations. All blood or urine
<br />samples shall be submitted to an SAMHSA approved laboratory for
<br />analysis, and the authorized provider shall communicate final test
<br />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,
<br />saliva, 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
<br />policy will not be considered for employment with the County.
<br />D. An employee who refuses to submit an alcohol or drug test required
<br />pursuant to this policy shall be subject to disciplinary action up to
<br />and including dismissal.
<br />E. A blood, urine, saliva, breath, or other sample that, after initial
<br />testing, does not reveal the presence of a controlled substance at or
<br />above the threshold values designated by SAMHSA or an alcohol content
<br />level below 0.04% shall be considered to have tested negative, and no
<br />further testing may be done on that sample. For a DOT drug test the
<br />verified presence of the identified drug or its metabolite below the
<br />minimum levels specified in 49CFR Part 40, as amended, and the specimen
<br />is a valid specimen shall be considered to have tested negative.
<br />F. A blood, urine, saliva, breath, or other sample that, after
<br />confirmatory testing, does reveal the presence of a controlled
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