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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: October 20, 2009 <br />Action Agenda <br />Item No. (D - <br />SUBJECT: Revision to Personnel Ordinance Article III, Section 11.0 Drug and Alcohol <br />Testing Policy <br />DEPARTMENT: Human Resources <br />PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): <br />1. Revised Article III, Section 11.0 Orange <br />County Personnel Ordinance, Drug and <br />Alcohol Policy <br />2. Drug and Alcohol Testing Policy: <br />.Administrative Rules and Regulations <br />INFORMATION CONTACT: <br />Michael McGinnis, HR Director 245-2552 <br />M. Jewel Wray, HR Manager 245-2556 <br />Annette Moore, Staff Attorney 245-2317 <br />PURPOSE: To revise Article III, Section 11.0 of the Orange County Personnel Ordinance and <br />to provide for Administrative Rules and Regulations for Drug and Alcohol Testing Program. <br />BACKGROUND: The United States Department of Transportation (DOT) regulates certain <br />employers' compliance with drug and alcohol testing rules and procedures. These regulations <br />cover transportation employers, safety-sensitive transportation employees and service agents <br />with federal contracts. Orange County has positions in several departments including <br />Aging/Orange Public Transportation (OPT), Public Works, Recreation and Parks, and Solid <br />Waste that are covered by the Federal Transit Administration (FTA), 49 CFR Part 655, Federal <br />Motor Carrier Safety Administration (FMCSA), 49 CFR Part 382; and 49 CFR Part 40. The <br />Drug and Alcohol Testing Section of the Orange County Personnel Ordinance provides the <br />procedures governing collection and testing of a specimen under the policy, and was first <br />adopted in January 1996. Since 1996, the Board has amended the Ordinance as federal and <br />state laws and regulations regarding drug and alcohol testing procedures have changed. The <br />Board last amended the Ordinance in 2005. Since that time, there have been several <br />significant changes to 49 CFR Part 40 that are not currently reflected in the County's <br />Ordinance. <br />Specifically, 49 CFR Part 40 has been amended to include: <br />• Mandatory specimen validity testing; <br />• A full description of the behavior and circumstances that constitute a refusal to take a <br />drug and/or alcohol test; <br />• A clear description of the consequences for a covered employee who has a verified <br />positive test result and if the County has a second chance policy; <br />• The consequences of a Negative Dilute test result; and <br />