A. Any employee who disputes the results of a required drug test may request that an additional test be conducted. In such case, the test must be conducted at a different testing DHHS certified lab and the test must be conducted on the split sample that was provided at the same time as the original sample.
B. Consequences of a Positive Test. A positive result from a drug or alcohol test may result in disciplinary action, up to and including termination. The following process is required for alcohol and drug testing:
1. Alcohol Test Results Between 0.02 and 0.04.
a. The supervisor/appointing authority shall initiate a disciplinary action against the employee listing the basis of the action and providing a notice of disciplinary action. The disciplinary action shall include a notice of violation to the employee’s file and a requirement that the employee obtain an evaluation of and treatment for alcohol abuse as the SAP may determine, which shall be a condition of continued employment. At the request of the employee a disciplinary hearing shall be held.
b. The supervisor/appointing authority shall give the employee the telephone number of the county’s substance abuse professional (SAP) and advise the employee that he or she must contact the SAP within 24 hours. The employee shall promptly submit to a full and proper evaluation by the SAP. If the employee fails to promptly submit to a full and proper evaluation by the SAP, the employee may be placed on administrative leave, without pay, until the evaluation is performed by the SAP.
c. The employee must undergo a return to duty test with less than “0.00” reading for alcohol and a negative drug test result prior to returning to work.
d. The employee must sign a return to work agreement outlining ongoing treatment, after care conditions, and follow-up testing for up to five years with a minimum of six tests the first year.
2. Alcohol Test Results at 0.04 or Above.
a. The supervisor/appointing authority will prepare a notice of disciplinary action and conduct a disciplinary hearing, leading to the suspension, demotion or termination of employment. In addition, the employee shall promptly submit to the evaluation and treatment program or programs as determined by the SAP (as provided for in subsection I, above) and the follow-up testing as a condition of continued employment with the county.
b. The employee will be given a list of substance abuse rehabilitation resources in the area.
3. Drug Test Results Are Verified Positive.
a. The supervisor/appointing authority shall prepare a notice of disciplinary action and conduct a disciplinary hearing. The employee may be dismissed from county employment for use of any illegal substance or use of any controlled substance without appropriate authorization of a licensed medical doctor. An employee may be disciplined for abuse of controlled substances (prescription medications) where the employee knew or should have known that the nature of the employee’s use could impair his or her ability to properly perform his or her job and/or to protect the public health and safety and failed to properly report such use to his or her supervisor. An employee using prescription medications may be required to take time off from work, using such leave that he or she may have accrued, where in the judgment of the supervisor or appointing authority, the use of such medications may impair the employee’s job performance or make them unable to perform safety sensitive functions.
b. It is the intent of the county that any employee shall be dismissed for use of any illegal substance or use of any controlled substance without appropriate authorization of a licensed medical doctor dismissal, unless the appointing authority believes that there is exceptional reason to continue the employment, in which case the employee shall be suspended without pay, pending a report and recommendation from the SAP concerning the need for substance abuse rehabilitation. Any suspension may continue until such time as the employee successfully completes initial treatment and compliance with a full treatment program shall be a condition for continued employment. The cost of treatment shall be the sole responsibility of the employee. Any subsequent positive test for illegal drugs or the unauthorized use of a controlled substance shall result in dismissal of the employee.
c. An employee will be given a list of substance abuse rehabilitation resources in the area. If the discipline is not discharge, the employee will be referred to the SAP for evaluation and treatment recommendations as outlined for alcohol tests which result between 0.02 and 0.039.
d. Failure to meet any of the terms for the return to duty agreement will result in immediate discharge.
4. Payment and Costs of Testing. The county shall pay the cost of the initial test or tests. Costs for any follow-up testing or requested split sample testing shall be the sole responsibility of the employee subject to the follow-up testing or who has requested the split sample testing. If the split sample test should indicate a negative result, the employee shall be reimbursed for the cost of the split sample test. The employee shall also be responsible for any medical evaluation that may be necessary as a result of the employee not being able to provide an adequate sample. Split sample testing will only be available if there is sufficient quantity to allow for such testing. (Ord. 1046, eff. 8/3/13; Ord. 1015, eff. 7/2/09; Ord. 976, eff. 7/20/06; Ord. 878, eff. 2/18/99; Ord. 771, eff. 5/7/91; Ord. 710, eff. 3/18/86; Ord. 611)