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April 20, 2009 (Regular Meeting) Page 1324 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. 9. 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. VII. 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, 9 and 5. 1. The supervisor who first learns that an accident has occurred may direct the employee(s) or vehicle operator(s) involved to submit to drug and alcohol testing. A decision NOT to require such testing of an employee or vehicle operator may only be made by the policy administrator or safety & risk manager. The supervisor shall provide or arrange appropriate transportation for testing. 2. An employee required to submit to drug and alcohol testing following an accident or moving traffic violation must make himself or herself available for testing within three hours of the accident or violation. Failure to be available within such time will be considered a refusal to submit to testing, unless there is a clear hindrance. For example, an employee with life-threatening injuries or injuries that result in death. It is important to emphasize that nothing is to prevent the individual from receiving of required medical attention.