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April 20, 2009 (Regular Meeting) <br />Page 1327 <br />3. If the alcohol test is confirmed as positive, the department head or <br />supervisor schedules a private meeting with the employee to inform <br />the employee of the test results. <br />B. Applicants. <br />1. If the test is negative, the department head or supervisor is <br />notified and the selection process continues. <br />2. If the test is confirmed as positive, the applicant must be notified <br />in writing of the test results and the applicant's rights regarding <br />retesting under NCGS 95-232(f). <br />3. An applicant who receives a confirmed positive test shall not be <br />considered for employment for any position he or she is currently <br />seeking and is ineligible for County employment for a period of one <br />year from the testing date. <br />9. Employment decisions based on drug screening test results are <br />irrevocable and appeals will not be considered. <br />X. Penalties for Non-Compliance <br />A. Any employee who violates this policy shall be subject to disciplinary <br />action up to and including dismissal as described in the Cabarrus <br />County Personnel Ordinance Article VII, Separation, Disciplinary <br />Actions, Suspensions and Reinstatement. <br />B. Employees who receive a positive drug or alcohol test result will be <br />dismissed. <br />C. For DOT regulated employees, the County shall not take an action based <br />solely on test results showing an alcohol concentration of less than <br />0.02 a. <br />D. Auxiliary employees who are suspected of violating this policy will be <br />released from employment. <br />XI. Confidentiality <br />A. Any tests for the presence of alcohol or controlled substances <br />authorized by this policy shall be designed to protect the privacy of <br />the applicant or employee being required to undergo testing. All tests <br />for the presence of alcohol or controlled substances shall be conducted <br />pursuant to and in compliance with the Controlled Substance Examination <br />Regulations found in NCGS Chapter 95, Article 20. <br />B. No sample obtained for the purpose of conducting tests for the presence <br />of alcohol or controlled substances pursuant to this policy shall be <br />used to perform any diagnostic examination that would detect any hidden <br />or latent physical or mental infirmity, disease, or condition. Rather, <br />the analysis of such sample shall be confined to such procedures as are <br />devised to detect the presence of alcohol or controlled substances. <br />C. All information obtained in the course of testing, examining, <br />counseling, rehabilitating, and treating applicants or employees <br />pursuant to this policy shall be protected as confidential medical <br />information. Documents or data concerning this information shall not be <br />open to inspection pursuant to NCGS 153A-98 by persons other than the <br />affected applicant or employee and shall be disseminated only on a <br />need-to-know basis and at the express direction of the human resources <br />director or to comply with applicable laws. <br />D. Drug test results from the County's drug testing program may not be <br />used as evidence in a criminal action against an applicant tested <br />except by order of a court of competent jurisdiction. <br />XII. Drug Free Awareness Program <br />A. The human resources director shall provide information regarding this <br />policy and a drug free workplace to employees, to include the <br />following: <br />1. The dangers of drug abuse in the workplace; <br />2. The County's policy of maintaining a drug free workplace; <br />3. Available alcohol or drug counseling, rehabilitation, and employee <br />assistance programs; <br />4. The penalties that may result for violations of this policy. <br />5. Employee Assistance Program: <br />United Family Services <br />Cabarrus County: 704-786-7918 <br />