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April 20, 2009 (Regular Meeting) Page 1323 alcohol violations. Departments that have DOT regulated positions will contact Human Resources for guidance in obtaining this information. D. DOT regulated employees are prohibited from the use or possession o£ alcohol while on duty, the use of alcohol four hours prior to duty, and the use of prescription medications while at work or expected to be at 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. E. DOT regulated employees must complete a DOT pre-employment drug test when hired for, or transferred to, a DOT covered position. F. Together with other accident testing which may be required by the County, DOT regulated employees must complete DOT drug and alcohol tests as soon as possible after they are involved in an accident while operating a County owned or leased vehicle, if the accident involves a fatality or if the DOT regulated employee is cited in an accident which requires a vehicle to be towed or gives rise to a personal injury which requires medical attention. Alcohol testing must be done as soon as possible following an accident, but not more than eight hours after the accident. Drug testing must be done as soon as possible after the accident, but not more than 32 hours after the accident. G. DOT regulated employees complete random DOT drug and alcohol tests from a selection pool that includes only DOT regulated employees. Alcohol testing must occur just before, during, or just after the performance o£ their covered duties. H. DOT regulated employees may also be subject to drug and alcohol testing upon reasonable suspicion, based upon observable performance, behavioral, or physical indicators of probable drug or alcohol use. I. A result of 0 .09°s or higher on the DOT alcohol test is a positive test result. DOT regulated employees with a DOT alcohol test result between 0.02°s and 0.039 are prohibited from performing their vehicle related duties for a period of 24 hours. J. DOT regulated employees who receive a positive DOT drug or alcohol test result will be terminated. K. If a DOT regulated employee is directed to submit to a collection under direct observation in accordance with 99 CFR Part 90.67, the policy administrator or supervisor must explain to the employee the reason for a directly observed collection. If the employee declines to allow a directly observed collection it is considered a refusal to test. L. Cabarrus County will notify North Carolina Division of Motor Vehicles within five business days of the date that a DOT regulated employee tests positive or refuses to participate in a drug or alcohol test required under 49 CFR Part 382 and 655, in accordance with NCGS 20- 37.19. M. DOT Regulations do not include the following; however, this policy may apply to employees who operate any of the following vehicles due to the nature of their position. 1. Vehicles owned or operated by the Department of Defense, including National Guard, while driven by the active duty military personnel, or members of the National Guard when on active duty, in pursuit of military purposes. 2. Any vehicle when used as firefighting or emergency equipment for the purpose of preserving life or property or to execute emergency governmental functions. 3. A farm vehicle that meets all the following criteria: a. Is controlled and operated by the farmer or the farmer's employee and used exclusively for farm use; b. Is used to transport agricultural products, farm machinery, or farm supplies, both to and from the farm; c. Is not used in operations of a for-hire motor carrier; and d. Is used within 150 miles of the farmer's farm. A farm vehicle includes a forestry vehicle that meets the listed criteria when applied to the forestry operation. VI. 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.