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April 20, 2009 (Regular Meeting)
<br />Page 1322
<br />or drug abuse assistance or rehabilitation program. Once a person has
<br />been selected for testing, it is too late to step forward and seek
<br />assistance.
<br />E. A supervisor or department head who has reason to believe that an
<br />employee has violated a criminal drug or alcohol law shall contact the
<br />human resources director to determine possible appropriate actions.
<br />Any County reports made to law enforcement officials or County
<br />cooperation in investigations or prosecutions of County employees
<br />conducted by state, federal, or local law enforcement officials
<br />pursuant to criminal drug or alcohol laws must be in accordance with
<br />NCGS 153A-98, Privacy of Employee Records.
<br />F. No person shall discriminate or take any retaliatory action against an
<br />employee because the employee, in good faith: makes a report pursuant
<br />to this policy, cooperates in an ensuing inquiry or investigation,
<br />testifies in a proceeding resulting from a report, or otherwise
<br />participates in the enforcement of this policy.
<br />V. Employees Covered by Department of Transportation (DOT) Regulations
<br />A. Employees who perform safety-sensitive function(s) as defined by the
<br />Federal Transit Administration (FTA) are subject to regulation by the
<br />United States Government (DOT regulated employees). A FTA safety-
<br />sensitive function is any of the following duties when performed by
<br />employees for departments that receive federal funding under 99 USC
<br />5307, 5309, 5311, or 23 USC 103(e)(4):
<br />1. Operating a revenue service vehicle, including when not in revenue
<br />service;
<br />2. Operating a nonrevenue service vehicle, when required to be operated
<br />by a holder of a Commercial Driver's License;
<br />3. Controlling dispatch or movement of a revenue service vehicle;
<br />4. Maintaining (including repairs, overhaul and rebuilding) a revenue
<br />service vehicle or equipment used in revenue service. This section
<br />does not apply to the following: an employer who receives funding
<br />under 49 U.S.C. 5307 or 5309, is in an area less than 200,000 in
<br />population, and contracts out such services; or an employer who
<br />receives funding under 49 U.S.C. 5311 and contracts out such
<br />services;
<br />5. Carrying a firearm for security purposes.
<br />B. Employees who drive or mechanically maintain a commercial motor vehicle
<br />(CMV). The Federal Motor Carrier Safety Administration (FMCSA) has
<br />interpreted driving a CMV on a road, street or way which is open to
<br />public travel, even though privately-owned or subject to military
<br />control, as prima facie evidence of operation in commerce. FMCSA
<br />safety-sensitive function(s) are defined as and include all time from
<br />the time an employee begins to work, or is required to be in readiness
<br />to work, until the time the employee is relieved from work and all
<br />responsibility performing work. Safety-sensitive functions shall
<br />include:
<br />1. All time at a carrier or shipper plant, terminal, facility, or other
<br />property, or on any public property, waiting to be dispatched,
<br />unless the driver has been relieved from duty by the employer. This
<br />includes employees who are "eligible" at work to drive a CMV at
<br />anytime, e.g., salespersons, clerks, secretaries, supervisors;
<br />2. All time inspecting equipment as required by 49 C.F.R 392.7,
<br />"Equipment, Inspection, and Use," and 99 C.F.R 392.8, "Emergency
<br />Equipment and Use," or otherwise inspecting, servicing, or
<br />conditioning any CMV at any time;
<br />3. All driving time, which is any time spent at the driving controls of
<br />a CMV in operation;
<br />4. All time, other than driving time, in or upon any CMV except time
<br />spent resting in a sleeper berth;
<br />5. All time loading or unloading a vehicle, supervising or assisting in
<br />loading or unloading, attending a vehicle being loaded or unloaded,
<br />remaining ready to operate the vehicle, or giving or receiving
<br />receipts for shipments loaded or unloaded;
<br />6. All time repairing, obtaining assistance for, or remaining with a
<br />disabled vehicle.
<br />C. Applicants and all current employees who apply for assignment,
<br />transfer, or promotion to a DOT regulated position must sign an
<br />Authorization for Release of Personal Information Form for the release
<br />of alcohol and drug testing data compiled by previous employers covered
<br />by 49 CFR Part 90 and provide the County information about drug and
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