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109 <br /> <br />Vo <br /> <br /> this Policy and any rules or procedures promulgated <br /> thereunder, a plea of guilty, no contest, or nolo <br /> contendere is a conviction. <br />B. Within ten (10) days of receiving actual notice of an employee's <br /> conviction of any criminal drug statute for a violation occurring <br /> in the workplace or within the course and scope of employment, <br /> the County shall notify any federal granting agency from which a <br /> County receives a grant regarding such conviction (as required by <br /> law). <br />C. Any employee who has cause to suspect that the Policy has been or <br /> is being violated by another employee shall report such <br /> information to his or her supervisor or an administrator. In the <br /> event the person suspected of violating the Policy is the County <br /> Manager, the employee shall report such information to the <br /> Chairperson of the Board of County Commissioners of County <br /> Commissioners (sic). Any employee who makes a report pursuant to <br /> this Policy, cooperates with the Board of County Commissioners in <br /> any ensuing inquiry or investigation, testifies in any Board of <br /> County Commissioners proceeding resulting from the report, or <br /> otherwise participates in the enforcement of this Policy is <br /> immune from any disciplinary action that might otherwise be <br /> incurred or imposed for such action provided that the employee <br /> was acting in good faith. <br />D. A supervisor or Department Head shall report to law enforcement <br /> officials any circumstance or event that gives him or her reason <br /> to believe that an employee has violated a criminal drug or <br /> alcohol statute. Further, the County shall cooperate in any <br /> investigations or prosecutions of its employees conducted by <br /> State, federal, or local law enforcement officials pursuant to a <br /> criminal drug or alcohol statute. <br />Authority to Test Employees <br />A. The County Manager shall establish, by administrative regulation, <br /> rules and procedures for the implementation of this Policy. <br /> Included in such rules and procedures shall be specific <br /> procedures for requiring and conducting any tests for the <br /> presence of alcohol and/or controlled substances authorized by <br /> this Policy. These procedures shall be designed so as to protect <br /> the privacy of the employee being required to undergo testing and <br /> shall require that all tests for the presence of alcohol and/or <br /> controlled substances be conducted pursuant to and in full <br /> compliance with the Controlled Substance Examination Regulations <br /> found in Chapter 95, Article 20 of the North Carolina General <br /> Statutes. <br />B. No sample obtained for the purpose of conducting tests for the <br /> presence of alcohol and/or controlled substances pursuant to this <br /> Policy shall be used to perform any diagnostic examination that <br /> would detect any hidden or latent physical or mental infirmity, <br /> disease, or condition. Rather, the analysis of such sample shall <br /> be confined to such procedures as are devised to detect the <br /> presence of alcohol and/or controlled substances. <br />C. All information obtained in ~the course of testing, examining, <br /> counseling, rehabilitating, and treating employees pursuant to <br /> this Policy and any rules or procedures promulgated thereunder <br /> shall be protected as confidential medical information. <br /> Documents or data concerning this information shall not be open <br /> to inspection by persons other than the affected employee and <br /> shall be disseminated only on a need-to-know basis and at the <br /> express direction of the County Manager. <br />D. Pursuant to this Policy and any rules or procedures promulgated <br /> thereunder, the County Manager or his or her designee(s) shall <br /> require the following persons to submit to testing for the <br /> presence of alcohol and controlled substances: <br /> 1. All current employees who apply for or are given an <br /> assignment, promotion, or transfer to a position with <br /> safety-sensitive duties (employees more likely to carry a <br /> weapon as a part of their job, handle drugs, provide health <br /> care or use a vehicle as a major part of their work). <br /> 2. Any employee operating a vehicle owned by the County or a <br /> personal vehicle which is used as a major part of his/her <br /> work, who has a traffic accident or violation while <br /> performing his/her duties as a county employee. <br /> 3. All employees involved in accidents where there are life <br /> threatening injuries or death, while performing their <br /> duties as a county employee. <br /> 4. Any employee when there is reasonable suspicion to believe <br /> that he or she violated the policy by observed actions or <br /> <br /> <br />