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April 20, 2009 (Regular Meeting) <br />Page 1326 <br />the employee's possible impairment, and the employee's anticipated <br />route and means of travel. <br />F. Other Circumstances Requiring Immediate Testing. <br />A supervisor or department head may observe an employee's behavior <br />that is of such extreme, erratic, or unsafe nature that it gives <br />reason to believe that immediate alcohol or drug testing is <br />advisable. In the event that such a situation arises and the <br />supervisor or department head is unable to obtain the authorization <br />of the policy administrator or safety & risk manager, the supervisor <br />shall: <br />1. Ensure that any injuries or other unsafe condition are attended by <br />competent medical or other personnel; <br />2. Advise the employee of the testing requirement; <br />3. Direct the employee to report to the designated testing site and <br />arrange transportation of the employee; and <br />9. Notify the policy administrator or safety & risk manager as soon as <br />practicable. <br />G. Testing Pursuant to State or Federal Laws, Rules, or Regulations. <br />Some employees may be required to submit to alcohol and drug testing <br />as required by state or federal laws, rules, or regulations. The <br />procedures for such testing will be in accordance with the particular <br />law, rule, or regulation being followed. <br />VIII. Testing Procedures for Applicants and County Employees <br />A.The authorized provider shall determine the procedures for the <br />collection of blood, split sample of urine, saliva, breath, or other <br />scientific samples in accordance with applicable County policies and <br />state and federal laws, rules, and regulations. All blood or urine <br />samples shall be submitted to an SAMSHA approved laboratory for <br />analysis, and the authorized provider shall communicate final test <br />results to the policy administrator. <br />B. Any of the following is considered a refusal to test: <br />1. Refusing to sign the consent form, complete the medication form, or <br />submit to a drug test; <br />2. Engaging in conduct that clearly obstructs the testing process; <br />3. Adulterating, contaminating, or tampering with a blood, urine, <br />saliva, breath, or other sample; <br />9. Failing to report to the designated test site as directed; or <br />5. Failing to remain available for required testing. <br />C. An applicant who refuses to submit to a drug test pursuant to this <br />policy will not be considered for employment with the County. <br />D. An employee who refuses to submit an alcohol or drug test required <br />pursuant to this policy shall be subject to disciplinary action up to <br />and including dismissal. <br />E, A blood, urine, saliva, breath, or other sample that, after initial <br />testing, does not reveal the presence of a controlled substance at or <br />above the threshold values designated by SAMSHA or an alcohol content <br />level below .09$ shall be considered to have tested negative, and no <br />further testing may be done on that sample. <br />F. A blood, urine, saliva, breath, or other sample that, after <br />confirmatory testing, does reveal the presence of a controlled <br />substance at or above the threshold values designated by SAMSHA or an <br />alcohol level at or above 0.04$ shall be considered to have tested <br />positive. An employee with a confirmed alcohol test result of between <br />0.02$ and 0.039$ will be deemed unfit to perform his or her duties and <br />sent home. <br />IX. Test Results: <br />A. Employees. <br />1. If the test is negative, the policy administrator or designee <br />informs the department head or supervisor. <br />2. If the drug test is confirmed as positive, the department head or <br />supervisor schedules a private meeting with the employee to inform <br />the employee in writing of the test results and the employee's <br />rights and responsibilities regarding retesting under NCGS 95- <br />232(f). <br />