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HomeMy WebLinkAbout91-139•. WHEREAS, the Board of Supervisors finds it to be in the interest of the County to amend the Personnel Rules: NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors of the County of Butte hereby amends the Personnel Rules of the County of Butte by adding Section 8.0 to read as follows: 8.0 ALCOHOL AND DRUG ABUSE POLICX 8.1 PURPOSE It is the intention of this policy to eliminate or prevent substance abuse and its effects in the workplace,,comply with the Federal Drug Free Workplace Act of 1988 and California Drug Free Workplace Act of 1990 as contained in Government Code Sections 8350-8357. While the County of Butte has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol off the job can takes its toll on job performance and emplo ee safety. Our concern is that employees are in a condition to per~orm their duties safely and efficiently, in the interests of their fellow workers and the ublic as well as themselves. The presence of drugs and alcohol on ~he job, and the influence of these substances on employees during working hours, are inconsistent with this objective. Employees who think they may have an alcohol or drug usage roblem are urged to voluntarily seek confidential assistance from ~he Employee Assistance Program. While Butte County will be supppportive of those who seek help voluntarilyy, the Count will be equall firm in identifying and disciplining tFiose who con~inue to be subs~ance abusers and do not seek help. Supervisors, shop stewards, and employee representatives will be trained to recognize abusers and become Ynvolved in this control process. Alcohol or dru abuse will not be tolerated, and disciplinary action, up ~o and including termination, will be used as necessary to achieve this goal. This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the res onsibilities of County managers and employees. To that end, the ~ounty will act to eliminate any substance abuse (alcohol illegal drugs, prescription drugs or any other substance which could impair an employees ability to safely and effectively perform the functions of the articular job) which increases the potential for accidents, absenteeism, substandard performance, poor employee morale or damage the County's reputation. In recognition of the public service responsibilities entrusted to the employees of the County of Butts and that dru and alcohol usage can hinder a erson's ability to perform duties sa~ely and effectively ~he following policy against drug and alcohol abuse is hereby adopted by the County of Butte. 8.2 POLICY It is County policy that empployees shall not be under the influence of or in ossession of alcof~ol or drugqs; nor ossess alcohol or drugs while on County property (excep£ at loca~ions where the general public mayy be exempt from this requirement) at work locations, or while on dut or on call back status; shall not utilize such substances while they are on call back status sub'ect to County duty, sell or provide drugs or alcohol to any other emp~oyee or to any person while such employee is on duty or on call back status nor have their ability to work impaired as a result of the use of alcohol or drugs. While use of medically prescribed medications and drugs is not per se, a violation of this policyt failure by the employee to notify his/her supervisor, before beginning work, when takingg medications or druggs which with reasonable knowledge, could forseeably interfere witFi the safe and effective performance of duties or operation of County equipment can result in discipline, up to and including termination. In the event there is a question regarding an employees ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required. The County reserves the right to search all areas and roperty in which the County maintains control or joint control wi~h an emplo ee in accordance with applicable state and federal laws. A search o~ any container for employee property such as desks, cubicles and lockers may be conducted at an time with the affected employees prior ermission. Otherwise, ~he County may notify the apppropriate law enforcement agency that an employee may have illegal dru s in his or her possession or ~n an area not jointly or fully controlled by the County. Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engagin in further work and shall be detained for a reasonable time until ~hey,can be safely transported from the work site. Such detainment may include ordering the employee tc overtime status. The County is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as handicapped under federal and/or state law. The County has established a voluntary Empployee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems. Em loyees.should contact their supervisors or the EAP provider for additional information. 8.3 APPLICATION This policy applies to all employees of, and to all applicants for positions with, the County. This policyy applies to alcohol and to all substances, drugs, or medications legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job. 8.4 EMPLOYEE RESPONSIBILITIES An employee must: a. Not report to work or be on call back status while his/her ability to erform job duties is impaired due to on or off duty alcohol or drug use; b. Not use alcohol, use or possess impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours, on call back status, or on breaks. c. Not be impaired by use of alcohol or impairing drugs during meal periods or at any time while on County property. d. Not directly or through a,third party sell or provide drugs or alcohol to any person, including any employee, while either employee or both employees are on duty or on call back status (this requirement is subject to having reasonable knowledge that the other employee is on duty or on call back status); e. Notify his/her supervisor, before beginning works when talong any medications or drugs, prescription or non-prescri tion which ma , with reasonable knowledge, interfere with the sae and ef~ective performance of duties or operation of County equipment; and when in aambination with one or more of the elements of reasonable suspicion listed here. f. In cases where reasonable suspicion or positive tests results exists, provide, within five (5) days of request, bona fide verification of a current valid prescription for an potentially impairing drug or medication. The prescription mus~ be in the employee s name. g Exceptions to restrictions on possession and/or use as rovided for above would appl where the general public may be exem ~ from the requirement, suc~ as off duty consumption of alcohol a~ the County owned fairgrounds in Gridley or one of the County's Veterans Memorial Buildings. In addition exemption applies to such activities that are within the official capacity as an employee. Examples of the latter would be under cover law enforcement, evidence storage, court presentations, etc. h. Notify the appointing authority of any criminal drug statute conviction occuring in the workplace no later than five (5) days after such a conviction. 8.5 MANAGEMENT RESPONSIBILITIES AND GUIDELINES a. Managers an supervisors are response a or reasonable enforcement of this policy. b. Managers and supervisors may request that an employee submit to a drug/alcohol test and/or an examination by a physician when a manager or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol while on the job or on call bac}: status. "Reasonable sus icion" is a belief based on objective, specific and articulatable fads sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the emplo ee s ability to perform the functions of the job is impaired or so hat the employee's ability to perform his/her fob safely is reduced. For exam le, any of the following, alone or in combination, may constitute reasonable suspicion: 1. Slurred speech, not normal to the employee. 2. Alcohol odor on breath. 3. Unsteady walking and movement, not normal to the employee. 4. An on duty accident or accident involving,County ro erty in cases where reasonable suspicion or positive ~es~ results exist. 5. Behavior that is not-normal to the individual employee. 6. Possession of alcohol or drugs in violation of this policy. 7. Information obtained from a reliable person with personal knowledge. c. %ny manager or supervisor requesting an employee to submit to a dru allcohol test and or medical examination shall document in wri~ing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs. If information obtained from a reliable person with personal knowled e is the sole reason in determining reasonable suspicion, documentation shall include the name of that individual and their statement(s). d. An manager or supervisor encountering an employee who refuses an order ~o submit to a medical examination upon request shall remind the employee of the requirements and disciplinary consequences of such refusal. Where there is reasonable suspicion that the employee is then under the influence of alcohol or drugs, the manager or supervisor should obtain assistance as needed and detain the em loyee for a reasonable time until the employee can be safely transported home. e. Managers and supervisors shall not physically search the person of employees nor shall they search the personal possessions of employees without the freely given consent. Employees are entitled to have a representative of their choosing, provided that representatives can be present in a reasonable period of time. f. Managers and supervisors shall notify their department head or designee when they have reasonable suspicion to believe that an employee mayy have illegal drugs in his or her possession or in an area not ointly or fully controlled by the County. If the department head or designee concurs that there is reasonable suspicion of illegal drug possession, the department head may notify the appropriate law enforcement agency. 8.6 DRUG OR ALCOHOL TESTING AND/OR PHYSICAL E%AMINATION PROCEDURE The drug/alcohol test and/or physical examination may test for any substance which could impair an employees ability to effectively and safely perform the functions of his/her lob. 8.7 RESULTS OF DRUG AND/OR ALCOHOL ANALYSIS a. Pre-Employment Physicals 1. A positive result from a drug and/or alcohol analysis may result in the applicant not being hired where the applicant's use of drugs and/or alcohol could affect requisite job standards, duties or responsibilities. 2. If a drug screen is positive at the pre-employment physical, the a~plicant must provide within twenty-four (24) hours of reques bonafide verification of a valid current rescription for the drug identified in the drug screen. If ~he prescription is not in the a plicant's name or the applicant does not rovide acce able verification, or if the drug is one tha~ is likel ~o impair the applicant's ability to perform the job du~ies, the applicant may not be hired. b. During Employment Physicals or Alcohol/Drug Tests 1. A positive result from a drug and/or alcohol examination ma result in disciplinary action, up to and including discharge. 2. If the dru screen is ositive the em loyee must provide wi~hin five (5~ days o~ reques~ bona fide verification of a valid current prescription for the drug, ~.dentified in the drug screen. The prescription must be in the employee's name. Tf the employee does not provide acceptable verification of a valid prescriptions or if the prescription is not in the emplo ee s name, or if the employee has not previously noti~ied his or her supervisor, the employee will be subject to disciplinary action, up to and including discharge. 3. If an alcohol or drug test is positive for alcohol or drugs the County shall conduct an investigation to gather ail facts. The decision to disci line or discharge will be carried nut in conformance with ~ounty Personnel Rule 7.11. 8.8 CONFIBENTIALITY La ora cry repot s or test results shall not appear in an employee's general personnel folder. Information of this nature will be contained in a separate confidential medical folder that will be securely kept under the control of the Personnel Director. The reports or test results may be disclosed to County management on a strictly need-to-know basis and to the tested employee upon request. Disclosures,.without patient consent, may also occur when: (1) the information is compelled by law or by judicial or administrtive process; (2) the information has been placed at issue in a formal dispute between the employer and employees (3) the information is to be used in administering an employee beneifit plan; (4) the information is needed b medical personnel for the diagnosis or treatment of the patien~ who is unable to authorize disclosure. 8.9 TESTING PROCESS AND STANDARDS Substance testing shall comply with the following standards and procedures: a. The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an, immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis usin an enzymatic assay screening test with all positive screening resul~s being confirmed using gas chromatography before a sample is considered positive. b. Substances to be tested for shall include, but are not limited to: 1. Amphetamines and Methamphetamines 2. Goaaine 3. Mari uana/Cannabinoids (THC) 4. Opia~es (narcotics 5. Phenc clidine (PCP 6. Barbiturates 7. Benzodiazepines 8. Methaqualone 9. Alcohol In addition, with the apgproval of the Personnel Deppartment, testing may be conducted for otFier controlled substances w~ien the appointing aurthority reasonably suspects the use of other substances. c. After consulting with exppert staff of the laboratory or, laboratories selected to erform the testing under this Article, the Personnel De artment shall set test cutoff levels that will identify ositive tes~ samples while minimizing false positive test results. ut off levels for the most common substances are as follows: Drua Level* Amphetamines Amphetamine Metham 300 Barbiturates 300 Cocaine 300 Cannabinoids 100 Opiates 300 Phencyclid 75 *Nanograms per milliliter Alcohol .02$ /deciliter (sensitivity equivalent to .08$ by weight) d. Test samples will be collected in a clinical setting such as a laboratory collection station, doctor's office, hospital or clinic or in another settin approved by the Personnel Department on the basis that it provides ~or at least an equally secure and professional collection process. Sam les shall be separated into two samples at the time they are collec~ed with the second sample kept far validation urposes. The Personnel Department shall specify procedures ~o ensure that true samples are obtained. e. The Personnel Department shall specify measures to ensure that a strict chain of custody is maintained for the sample from the time it is taken, through the testing process, to its final disposition. f. Drug/alcohol tests shall be performed b a commercial laboratory selected based on its meetin standards tha~ are the same as those used b tie National Institu~e on Drug Abuse (NIDA) to certify laboratories engaged in urine drug testing for Federal agencies Mandatory Guidelines for Federal Workplace Drug Testing Program, ederal Register,,Vol. 53 No. 69) or those used by the College,of American Patholog~.sts (CAS) to accredit laboratories for forensic urine drug testing (standards for Accreditation- Forensic Urine Drug Testing Laboratories, College of American Pathologists). gg The sample collection rocess shall include the opportunity for ~Etie employee to provide information about factors other than illegal drug use, such as taking legqallyy prescribed medication, that could cause a positive test resul~E. At the employee's o tion, this information may be,submitted in a sealed envelo a ~o be opened only by the Medical Rev~.ew Officer if the test resul~ is positive. h. The employee shall receive a full copy of any test results and related documentation of the testing process. i. All confirmed positive samples shall be retained by the testin laboratory in secure storage for one year following the test or un~il the sample.is no longer needed for appeal proceedings or litiggation, whichever ~s loner. At the employee s request and expense tFie sample may be re ested by that laboratory or another laboratory of the employee's choice. 9.o Medical Review Officer The Personnel Director shall designate one or more Medical Review Officers, who shall be licensed physicians to receive test results from the laboratory. Upon receiving results, the Medical Review Officer shall: a. Review the results and determine if the standards and procedures required by this Article have been followed. b. For positive results interview the affected employee to determine if factors other than illegal drug use may have caused the result. c. Consider any assertions by the affected employee,of irregularities in the sample collection and testing process. d. Based on the above, provide a written explanation of the test results to the appointing power or his/her designee. The employee shall also receive a copy of this explanation. PASSED AND ADOPTED by the Butte County Board of Supervisors this 5th day of November 1991, by the following vote: AYES: Supervisors Houx, P~1cLaughlin and Chair Dolan NOES: Supervisor Fulton ABSENT: Supervisor P1cInturf NOT VOTING: None ATTEST: WILLI H. OLPH, Cler of t and BY: