ORD-2009-149 - Revision to Personnel Ordinance Article III, Section 11.0 Drug and Alcohol Testing Policy

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Attachment 1: Administrative Rules and Regulations i� -.to -fro 9 fi��,rove d Proposed Revised Article III, Section II.0 of the Orange County Personnel Ordinance: Drug and Alcohol Testing: In accordance with the provisions of the federal and state statutes, and their implementing regulations, Orange County will maintain a workforce free of alcohol and drug abuse to protect the safety of County employees and the public in compliance with the Drug -Free Workplace Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991. An employee who refuses or fails to comply with this section of the Personnel Ordinance may be subject to discipline up to, and including dismissal. This County Manager will promulgate Administrative Rules and Regulations necessary to carry out the provisions of this section of the Personnel Ordinance consistent with all applicable state and federal laws and regulations governing workplace anti-drug and alcohol programs including, but not limited to: • The Federal Transit Administration (FTA) of the U.S. Department of Transportation 49 CFR Part 655 as amended, that mandates urine drug testing and breath alcohol testing for safety - sensitive positions and prohibits performance of safety - sensitive functions when there is a positive test result. • The U.S. Department of Transportation (DOT) 49 CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens; and • The Federal government 49 CFR Part 29, "The Drug -Free Workplace Act of 1988," which requires the establishment of drug -free workplace policies and the reporting of certain drug- related offenses to the FTA. This policy incorporates those requirements for safety - sensitive employees and others when so noted. • North Carolina General Statutes § 95 -230 et al. Controlled Substance Examination Regulations.