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V. Positive Drug Test - Identification of a controlled substance at or above the threshold values designated by SAMHSA (or 49CFR Part 40, as amended, for a DOT test) in a drug test and confirmed by gas chromatography with mass spectrometry (GCMS). W. Reasonable Suspicion - A decision for alcohol or drug testing based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, body odors, or performance of the employee. X. Retaliatory Actions - The discharge, suspension, demotion, relocation, or other adverse employment action taken against an employee in the terms, conditions, privileges, and benefits of employment. Y. Safety -Sensitive Position — Defined by Federal Transit Administration or FTA, DOT regulated employees. Cabamrus County also defines safety -sensitive as a position with duties that involve such a significant risk of injury to others that even a momentary lapse of attention can have disastrous consequences. These positions are identified by the human resources director based on duties and responsibilities of the employee. Included are law enforcement officers, emergency medical technicians, employees operating a vehicle owned by the County or a personal vehicle which is used as a major part of their work, and DOT regulated employees. Employees are advised if they occupy a safety -sensitive position. Z. SAMHSA - Substances Abuse and Mental Health Services Administration. AA. Substance Abuse — For the purpose of this policy any use of alcohol, an illegal drug, or a lawful drug which directly and adversely affects job performance or safety. BB. Subtance Abuse Professional —A person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and after care. This person is a licensed physician (medical doctor or doctor of osteopathy) or licensed or certified psychologist, social worker, employee assistance professional, state - licensed or certified marriage and family therapist, or drug and alcohol counselor (certified by an organization listed at haus://www.trmsi2ortation. og v/odUc/sap ) with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related disorders. CC. Supervisor/Department Head — A County employee to whom another employee or group of employees report. DD. USC —United States Code. III. Prohibited Acts A. The County prohibits the unlawful manufacture, distribution, dispensation, possession, or use of any alcoholic beverage or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or any other controlled substance as defined in 21 USC § 812, and as ftu'ther defined in federal regulations at 21 CFR § 1308.11 through 1308.15, and in NCGS 90-86 et seq. B. The County prohibits the use of alcoholic beverages by any employee: Attachment number 1 \n F-5 Page 59