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April 18, 2011 (Regular Meeting) Page 384 substance at or above the threshold values designated by SAMHSA or an alcohol level at or above 0.04% shall be considered to have tested positive. An employee with a confirmed alcohol test result of between 0.02% and 0.039% will be deemed unfit to perform his or her duties and sent home. For a DOT drug test the verified presence of the identified drug or its metabolite at or above the minimum levels specified in 49CFR Part 40, as amended, shall be considered to have tested positive. VIII. Test Results: A. Employees. 1. If the test is negative, the policy administrator or designee informs the department head or supervisor. 2. If the drug test is confirmed as positive, the department head or supervisor schedules a private meeting with the employee to inform the employee in writing of the test results and the employee's rights and responsibilities regarding retesting under NCGS 95- 232 (f) . 3. If the alcohol test is confirmed as positive, the department head or supervisor schedules a private meeting with the employee to inform - the employee of the test results. B. Applicants. 1. If the test is negative, the department head or supervisor is notified and the selection process continues. 2. If the test is confirmed as positive, the applicant must be notified in writing of the test results and the applicant's rights regarding retesting under NCGS 95- 232(f). 3. An applicant who receives a confirmed positive test shall not be considered for employment for any position he or she is currently seeking and is ineligible for County employment for a period of one year from the testing date. 4. Employment decisions based on drug screening test results are irrevocable and appeals will not be considered. IX. Penalties for Non - Compliance A. Any employee who violates this policy shall be subject to disciplinary action up to and including dismissal as described in the Cabarrus County Personnel Ordinance Article VII, Separation, Disciplinary Actions, Suspensions and Reinstatement. B. Employees who receive a positive drug or alcohol test result will be dismissed. C. For DOT regulated employees, the County shall not take an action based solely on test results showing an alcohol concentration of less than 0.02%. D. Auxiliary employees who are suspected of violating this policy will be released from employment. X. Confidentialit A. Any tests for the presence of alcohol or controlled substances authorized by this policy shall be designed to protect the privacy of the applicant or employee being required to undergo testing. All tests for the presence of alcohol or controlled substances shall be conducted pursuant to and in compliance with the Controlled Substance Examination Regulations found in NCGS Chapter 95, Article 20. B. No sample obtained for the purpose of conducting tests for the presence of alcohol or controlled substances pursuant to this policy shall be used to perform any diagnostic examination that would detect any hidden or latent physical or mental infirmity, disease, or condition. Rather, the analysis of such sample shall be confined to such procedures as are devised to detect the presence of alcohol or controlled substances. C. All information obtained in the course of testing, examining, counseling, rehabilitating, and treating applicants or employees pursuant to this policy shall be protected as confidential medical information. Documents or data concerning this information shall not be open to inspection pursuant to NCGS 153A -98 by persons other than the affected applicant or employee and shall be disseminated only on a need -to -know basis and at the express direction of the human resources director or to comply with applicable laws.