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April 20, 2009 (Regular Meeting) <br />Page 1325 <br />3. If a vehicle operator who is required to submit to drug and alcohol <br />testing following a vehicle accident is unable to report to the <br />regular testing site due to injuries, and drug and/or alcohol <br />testing is conducted pursuant to NCGS 20-16.2 or pursuant to medical <br />treatment, the vehicle operator shall provide the policy <br />administrator with an authenticated record of the results of that <br />testing. <br />4. Any mechanic for a County vehicle involved in an accident may be <br />required to submit to drug and alcohol testing if the reason for the <br />accident was a result or suspected result of mechanical or materials <br />failure. <br />5. The supervisor of a mechanic shall within twenty-four hours of an <br />accident, review the maintenance records for the affected vehicle(s) <br />within one year of the accident and the nature of the work done. As <br />soon as practicable, the supervisor shall obtain the Traffic <br />Accident Report and determine the likelihood that a mechanical or <br />materials failure contributed to the accident. If the supervisor has <br />cause to suspect that a mechanical or materials failure contributed <br />to the accident, he or she shall report the reasons for such <br />suspicion and provide the affected vehicle's maintenance records to <br />the policy administrator. The policy administrator shall determine <br />whether to require the affected mechanic to undergo drug and/or <br />alcohol testing. The mechanic must make himself or herself available <br />for testing the same day he or she receives notice from the policy <br />administrator or designee that drug and/or alcohol testing is <br />required. Failure to make himself or herself available will be <br />considered a refusal to submit to testing. <br />E. Reasonable Suspicion. <br />1. Any employee is subject to drug or alcohol testing when there is <br />reason to believe that the employee has violated this policy. In <br />making such a determination, the County may consider, but is not <br />limited to considering, any of the following factors: <br />a. Excessive absenteeism or tardiness, frequent or increased <br />illness, frequent absences from workstation or lapses in <br />responsibility; <br />b. A pattern of abnormal conduct or unusual, irrational, or erratic <br />behavior; <br />c. Repeated failure to follow instructions or procedures; <br />d. Violation of safety policies or failure to follow safe work <br />practices; <br />e. Deterioration of job performance; <br />f. Abusive behavior, insolence, insubordination, or other <br />significant change in behavior; <br />g. Mood swings, depression, unusual detachment, euphoria, <br />significantly increased energy, unusual talkativeness or <br />sleepiness; <br />h. Changes in appearance, grooming, demeanor, work habits, or <br />interaction with others; <br />i. Reports of substance abuse from other employees; <br />j. Poor motor coordination or muscle controls, unsteady walking, <br />tremors, nervousness, trouble sitting still, slurred speech; <br />k. Evidence of substance abuse (drug paraphernalia, odor) in the <br />employee's vicinity; <br />1. Bloodshot or dull eyes dilated or constricted pupils, runny nose, <br />bruises; <br />m. Impaired short-term memory or illogical thinking; <br />n. Involvement as an operator or mechanic of a County owned vehicle <br />that is involved in an accident; <br />o. Arrest for violation of any criminal drug or alcohol statute. <br />2. The department head or supervisor will complete Eorm D, Observation <br />of Suspect Behavior Form, with detailed information on facts, <br />symptoms, and observations of reasonable suspicion and contact the <br />human resources director. The human resources director will <br />determine whether to order testing and notify the employee's <br />supervisor. The supervisor shall arrange transportation of the <br />employee to and from the testing site. The documentation supporting <br />reasonable suspicion will be retained confidentially by the Human <br />Resources Department. <br />3. Non-law enforcement personnel shall not use physical force to detain <br />an employee. At any time a supervisor has cause to suspect that an <br />employee is using or is under the influence of alcohol or a <br />controlled substance in the course and scope of his or her duties <br />for the County and the affected employee indicates an intention to <br />leave the premises by his or her own means, the supervisor must <br />notify law enforcement officials regarding the employee's identity, <br />