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April 18, 2011 (Regular Meeting) Page 381 Any County reports made to law enforcement officials or County cooperation in investigations or prosecutions of County employees conducted by state, federal, or local law enforcement officials pursuant to criminal drug or alcohol laws must be in accordance with NCGS 153A -98, Privacy of Employee Records. F. No person shall discriminate or take any retaliatory action against an employee because the employee, in good faith: makes a report pursuant to this policy, cooperates in an ensuing inquiry or investigation, testifies in a proceeding resulting from a report, or otherwise participates in the enforcement of this policy. V. Authority to Test Employees Pursuant to this policy the following persons are required to submit to testing for the presence of alcohol and controlled substances. 1. The final applicant selected for a County position as a pre- employment condition. Testing is for controlled substances only. 2. Employees holding safety- sensitive positions are subject to random testing. 3. All current employees who apply for or are given an assignment, promotion, or transfer to a safety- sensitive position. 4. An employee in a safety- sensitive position who is involved in a traffic accident or violation while operating a County owned vehicle or a personal vehicle while performing his or her duties as a County employee. 5. Any employee involved in an on- the -job accident where: a. Death results; b. Any person is injured and is transported from the accident scene for medical attention; c. A vehicle must be towed from the scene; or d. The employee is cited for a moving violation. 6. Any employee when there is reasonable suspicion to believe that he or she is in violation of this policy by observed actions or physical evidence while performing his or her duties as a County employee. See Form D, Observation of Suspect Behavior Form, for observation examples. VI. When to Test A. Pre - employment. 1. The County, as a public employer, is entrusted with the health and safety of its citizens. In keeping with this obligation, all final applicants selected for employment with Cabarrus County are required to undergo a pre - employment drug screening. 2. The County includes notice of pre - employment drug screening in job announcements and on the Cabarrus County Government Employment Application. 3. The applicant shall report to the designated test site as directed. 4. Applicants to be tested are required to sign the drug screening consent form. B. Random Testing. 1. Employees occupying safety- sensitive positions or DOT regulated employees are subject to random drug testing. Such testing is unannounced and coordinated by the policy administrator. The policy administrator or designee shall notify the affected employee's supervisor of the time and place the employee should report for testing. 2. A supervisor shall NOT give an employee advance notice of unannounced testing, but shall notify the affected employee on the day of the testing and just prior to the employee being tested. C. Promotion or Assignment to a Safety- Sensitive Position. 1. The department head or designee shall explain the drug testing requirements to all current employees who apply for assignment, transfer, or promotion to a safety- sensitive position. 2. Promotion to a position shall be denied to any applicant who refuses to submit to the test, receives a positive test result, or otherwise violates this policy. 3. A negative test result does not guarantee that a current employee will be promoted to the position for which he or she applied. 4. Supervisors for employees being promoted are responsible for ensuring that such employees have completed the required drug testing prior to promotion or assignment. D. Post - Accident as defined in VI, 4 and 5.