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April 20, 2009 (Regular Meeting) Page 1321 X. Supervisor/Department Head - A County employee to whom another employee or group of employees report. Y. USC - United States Code. III. Prohibited Acts A. The County prohibits the unlawful manufacture, distribution, dispensation, possession, or use of any alcoholic beverage or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or any other controlled substance as defined in 21 USC ~ 812, and as further defined in federal regulations at 21 CFR X1308.11 through 1308.15, and in NCGS 90-86 et seq. B. The County prohibits the use of alcoholic beverages by any employee: 1. During work hours including lunch time and breaks; 2. While operating County equipment (including vehicles); 3. While on any property owned, leased, or rented by Cabarrus County except the Historic Cabarrus Courthouse or the Cabarrus County Arena and Events Center during an event or function in which alcohol use is allowed as provided in B.9. below; 4. At any time the employee is acting in the course and scope of his or her employment with the County, except while attending business, social and other functions. The business or social situations would normally occur after work hours and the employee would not be returning to his or her normal work site. This would not preclude an employee's return to work on an emergency need basis as long as current state driving standards are met; 5. At any other time that the employee's use of alcoholic beverages has or may have a direct and adverse effect upon the performance of his or her job. C. The County prohibits the use of prescription or lawful non-prescription medications by an employee while operating County equipment (including vehicles) or when acting in the course and scope of his or her employment with the County when the use has a direct and adverse effect upon the safe operation of equipment or a vehicle or on the performance of his or her duties. D. Employees in safety-sensitive positions may not take prescription medications while at work or expected to be available to work, unless the prescription medications are prescribed by a physician who considered the safety sensitive nature of the employee's job when prescribing the medication. IV. Duties of Employees A. As a condition of initial and continuing employment, each employee shall: 1. Comply with the terms of this policy and any rules or procedures promulgated thereunder; 2. Notify his or her supervisor in writing of any conviction pursuant to any criminal drug or alcohol statute no later than five days after such conviction. For purposes of this policy a plea of guilty, no contest, or nolo contendere is a conviction; 3. Notify his or her supervisor immediately of an arrest or other action relating to criminal drug or alcohol statutes when at work or when his or her work or ability to work may be impacted. B. Within ten days of receiving actual notice of an employee's conviction of any criminal drug statute for a violation occurring in the workplace or within the course and scope of employment, the County shall notify any federal granting agency from which the County receives a grant regarding such conviction in accordance with the Drug Free Workplace Act of 1988. C. Any employee who has cause to suspect that the policy has been or is being violated by another employee shall report such information to his or her supervisor, department head, or the policy administrator. In the event the person suspected of violating the policy is the county manager, the employee shall report such information to the Chair of the Board of County Commissioners. D. Any employee who voluntarily seeks assistance for a problem regarding alcohol or drug abuse shall be encouraged to participate in an alcohol