BC 2011 04 18 Regular - Laserfiche WebLink

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April 18, 2011 (Regular Meeting) Page 385 D. Drug test results from the County's drug testing program may not be used as evidence in a criminal action against an applicant tested except by order of a court of competent jurisdiction. XI. Drug Free Awareness Program A. The human resources director shall provide information regarding this policy and a drug free workplace to employees, to include the following: 1. The dangers of drug abuse in the workplace; 2. The County's policy of maintaining a drug free workplace; 3. Available alcohol or drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may result for violations of this policy. 5. Employee Assistance Program: United Family Services Cabarrus County: 704 - 786 -7918 Mecklenburg County: 704 - 332 -8619 Union County: 704 - 283 -1537 Cabarrus County Human Resources Department: 704 - 920 -2200 B. Supervisors shall receive information on this policy and how to detect the use or abuse of alcohol and controlled substances. C. The human resources director will make this policy available to each employee. Appendix Employees Covered by Department of Transportation (DOT) Regulations Together with the other Drug Free Workplace Policy requirements employees covered by DOT Regulations must comply with this appendix. A. DOT Federal Transit Administration covered emplovees and functions. Employees who perform safety- sensitive function(s) as defined by the Federal Transit Administration (FTA) are subject to regulation by the United States Government (DOT regulated employees) . A FTA safety - sensitive function is any of the following duties when performed by employees for departments that receive federal funding under 49 USC 5307, 5309, 5311, or 23 USC 103(e)(4): 1. Operating a revenue service vehicle, including when not in revenue service; 2. Operating a nonrevenue service vehicle, when required to be operated by a holder of a Commercial Driver's License; 3. Controlling dispatch or movement of a revenue service vehicle; 4. Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service. This section does not apply to the following: an employer who receives funding under 49 U.S.C. 5307 or 5309, is in an area less than 200,000 in population, and contracts out such services; or an employer who receives funding under 49 U.S.C. 5311 and contracts out such services; 5. Carrying a firearm for security purposes. B. DOT Federal Motor Carrier Safety Administration covered employees and functions. Employees who drive or operate a commercial motor vehicle (CMV). The Federal Motor Carrier Safety Administration ( FMCSA) has interpreted driving a CMV on a road, street or way which is open to public travel, even though privately -owned or subject to military control, as prima facie evidence of operation in commerce. Employees who drive or operate a CMV must hold a valid appropriate commercial driver's license. FMCSA safety- sensitive function(s) are defined as and include all time from the time an employee begins to work, or is required to be in readiness to work, until the time the employee is relieved from work and all responsibility performing work. Safety - sensitive functions shall include: 1. All time at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer. This includes employees who are "eligible" at work to drive a CMV at anytime, e.g., salespersons, clerks, secretaries, supervisors; 2. All time inspecting equipment as required by 49 C.F.R 392.7, "Equipment, Inspection, and Use," and 49 C.F.R 392.8, "Emergency Equipment and Use," or otherwise inspecting, servicing, or conditioning any CMV at any time; 3. All driving time, which is any time spent at the driving controls of a CMV in operation;