BC 1998 12 21 - Laserfiche WebLink

Home Browse Search

108 1308.15 and in North Carolina Controlled Substances Act, N.C. Gen. Stat. § 90-86 et seq. Bo The County prohibits the use of alcoholic beverages by any employee (1) during work hours including lunch time and breaks, (2) while on any property owned or leased by Cabarrus County, (3) at any time during which the employee is acting in the course and scope of his or her employment with the County, except while attending business/social and other functions held off County property and/or (4) at any other time that the employee's use of alcoholic beverages has a direct and adverse effect upon the performance of his or her job. The business/social situations would most often occur after normal work hours and the employee would not be expecting to return to his or her normal work site. This also would not preclude an employee's return to work on an emergency need basis as long as they meet the current state standards. C. The County prohibits the use of prescription or lawful non- prescription medications by an employee (1) while operating a vehicle owned by the County or (2) at any time during which the employee is acting in the course and scope of his or her employment with the County to the extent that such use has a direct and adverse effect upon the operation of a vehicle or the performance of his or her job. Employees in Safety-Sensitive Positions (see V-D-I) may only take prescription medications which are prescribed by a physician who understands the employee's safety-sensitive job. III. Employees Covered by DOT Requlations A. Employees who drive or mechanically maintain county vehicles with a weight in excess of 26,000 pounds, or which carry more than 16 passengers, (including driver) or which are placarded for hazardous materials, or which otherwise require a commercial drivers license are subject to regulation by the United States Department of Transportation ("DOT-Regulated Employees"). B. With respect to DOT-Regulated Employees, the County prohibits use or possession of alcohol while on duty. The County prohibits the use of alcohol by these employees for four (4) hours prior to duty. DOT-Regulated Employees may only use prescription medication which has been prescribed by a physician who understands the safety-sensitive nature of the employee's job. C. DOT-Regulated Employees will be given DOT pre-employment drug testing at the time they are hired for, or transferred to, a DOT- covered position. Together with other accident testing which may be required by the County, DOT-Regulated Employees will be given DOT drug and alcohol tests as soon as possible after they are involved in an accident while operating a County owned/leased vehicle, if the accident involves a fatality or if the DOT- Regulated Employee is cited in an a~cident 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 in no event more than 8 hours after the accident. Drug testing must be done as soon as possible after the accident, but in no event more than 32 hours after the accident. D. DOT-Regulated Employees will be given random DOT drug and alcohol tests and will be kept in a random pool that includes only DOT- Regulated Employees. Alcohol testing must occur just before, during, or just after the performance of their covered safety- sensitive duties. 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. E. A result of .04 percent (.04%) or higher on the DOT alcohol test is a positive test result. DOT-Regulated Employees with a DOT alcohol test result of between .02 percent (.02%) and .039 percent (.039%) are prohibited from discharging their vehicle- related duties for a period of 24 hours. F. DOT-Regulated Employees who receive a positive DOT drug or alcohol test result will be terminated. Duties A. As a condition of initial and continuing employment, all employees shall: 1. Comply with the terms of this Policy and any rules or procedures promulgated thereunder; and 2. Notify their supervisor in writing of any conviction pursuant to any criminal drug or alcohol statute no later than five (5) days after such conviction. For purposes of IV.