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Orange County Personnel Rules and Regulations Manual Issue Date: 10/21/09 5 <br />IV. ADMINISTRATIVE RULES AND REGULATIONS <br />A. Purpose. The purpose of this policy is to maintain a workforce free of alcohol and <br />drug abuse and to protect the safety of the public and County employees in <br />compliance with the Drug-Free Workplace Act of 1988 and the Omnibus <br />Transportation Employee Testing Act of 1991. This policy is intended to comply <br />with all applicable state and federal laws and regulations governing workplace <br />anti-drug and alcohol programs including: <br />1. The Federal Transit Administration (FTA) of the U.S. Department of <br />Transportation 49 CFR Part 655 as amended, that mandates urine drug testing <br />and breath alcohol testing for safety-sensitive positions and prohibits <br />performance of safety-sensitive functions when there is a positive test result. <br />2. The U.S. Department of Transportation (DOT) 49 CFR Part 40, as amended, <br />that sets standards for the collection and testing of urine and breath specimens, <br />including; specimen validity testing; and <br />3. The Federal government 49 CFR Part 29, "The Drug-Free Workplace Act of <br />1988," which requires the establishment of drug-free workplace policies and <br />the reporting of certain drug-related offenses to the FTA. This policy <br />incorporates those requirements for safety-sensitive employees and others <br />when so noted. <br />4. North Carolina General Statutes § 95-230 et al., "Controlled Substance <br />Examination Regulations." <br />B. Definitions: <br />1. Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other <br />low molecular weight alcohols including methyl and isopropyl alcohol: <br />2. Alcohol Test: A screening and confirmation test conducted by a trained <br />Breath Alcohol Technician (BAT) using an Evidential Breath Testing (EBT) <br />device which measures the presence of alcohol in the body. <br />3. Breath Alcohol Technician: An individual who instructs and assists <br />individuals in the alcohol testing process and is certified to operate an <br />Evidential Breath Testing device. <br />4. Cancelled Test: In drug .testing, a test that has been declared invalid by a <br />Medical Review Officer. A cancelled test is neither a positive nor a negative <br />test. In alcohol testing, a test that is declared invalid under 49 CFR 40.79 of <br />the federal regulations. <br />Page 2 <br />