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Orange County Personnel Rules and Regulations Manual Issue Date: 10/21/09 4 <br />Attachment 2: Administrative Rules and Regulations <br />Drug and Alcohol Testing <br />I. ORDINANCE <br />In accordance with the provisions of the federal and state statutes, and their implementing <br />regulations, Orange County will maintain a workforce free of alcohol and drug abuse to protect <br />the safety.of County employees and the public in compliance with the Drug -Free Workplace Act <br />of 1988 and the Omnibus Transportation Employee Testing Act of 1991. An employee who <br />refuses or fails to comply with this section of the Personnel Ordinance may be subject to <br />discipline up to, and including dismissal. This County Manager will promulgate Administrative <br />Rules and Regulations necessary to carry out the provisions of this section of the Personnel <br />Ordinance consistent with all applicable state and federal laws and regulations governing <br />workplace anti-drug and alcohol programs including, but not limited to: <br />• The Federal Transit Administration (FTA) of the U.S. Department of <br />Transportation 49 CFR Part 655 as amended, that mandates urine drug testing and <br />breath alcohol testing for safety - sensitive positions and prohibits performance of <br />safety - sensitive functions when there is a positive test result. <br />• The U.S. Department of Transportation (DOT) 49 CFR Part 40, as amended, that <br />sets standards for the collection and testing of urine and breath specimens; and <br />• 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 the <br />reporting of certain drug - related offenses to the FTA. This policy incorporates <br />those requirements for safety - sensitive employees and others when so noted. <br />• North Carolina General Statutes § 95 -230 et al. Controlled Substance <br />Examination Regulations. <br />H. AUTHORITY <br />The Orange County Personnel Ordinance, Article III, Section 11.0 provides that the County <br />Manager will promulgate any rules or regulations necessary to cant' out the provision of this <br />section of the Personnel Ordinance. <br />M. RULE <br />The purpose of this rule is to implement and give effect to Article III, Section 11.0 of the Orange <br />County Personnel Ordinance "Drug and Alcohol Testing." This policy is intended to carry out <br />the purpose of the Orange County Personnel Ordinance Article III, Section 10.0 and 11.0 and to <br />comply with applicable state and federal regulations governing workplace anti-drug and alcohol <br />programs. <br />Page 1 <br />