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Orange County Personnel Rules and Regulations Manual Issue Date: 10/21/09 2 ~ <br />1. An employee who is tested and found to have an alcohol concentration of <br />0.02 or greater but less than 0.04 must not perform any covered duties for <br />the next 24 hours. The employee must leave the workplace (not in a <br />County vehicle) and must not report back to work until the end of the 24 <br />hour period. The employee may use earned Vacation Leave or leave <br />without pay to cover any missed work time. <br />2. An employee who receives test results between 0.02 and 0.04 is counseled <br />about the requirement of reporting to work without the presence of alcohol <br />in his or her system. <br />3. An employee who is tested and found to have an alcohol concentration of <br />0.02 but less than 0.04 and who has previously had an alcohol test result <br />between 0.02 and 0.04 is subject to disciplinary action, including <br />dismissal; in accordance with these Administrative Rules and Regulations. <br />On any third occurrence of a test result between 0.02 and 0.04, the <br />employee is dismissed, in accordance with these Administrative Rules and <br />Regulations. <br />J. Special Drug Test Results <br />(1) An adulterated or substituted specimen is considered a refusal to test. <br />(2) A negative dilute specimen is a negative drug test but requires a retest <br />before return to duty. Only one retest ma} be performed. A second <br />negative dilute specimen is considered a negative drug test. The <br />employee or ~plicant will be given the minimum possible advance notice <br />that he or she must~o to the collection site. This testing will not be under <br />the direct testing observation unless instructed by the MRO or there ~is <br />another basis for use of direct observation. <br />(3) Any employee who after August 31, 2009, goes .for .return-to-duty and <br />follow up testing must have their collections observed as provided in 40 <br />CFR Part 40. <br />K. Alcohol Testing Procedures <br />Any alcohol test will be conducted at a site which affords visual and aural <br />privacy to the individual being tested. Unauthorized persons will not be <br />permitted access to the testing location when a test is in progress. <br />2. Alcohol testing will be performed by a Breath Alcohol Technician (BAT) <br />trained and certified in the principles of Evidential Breath Testing (EBT) <br />methodology. <br />Page 17 <br />