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• No longer would provide for dismissal as the only option in the case of a positive drug or <br />alcohol test result. <br />The draft revised policy provides for the following: <br />• The same handling for a positive alcohol test as for a positive drug test. <br />• In the case of a positive drug or alcohol test, the employee is subject to disciplinary action, <br />including dismissal at the discretion of the Manager, or in the case of a Social Services or <br />Health Department employee, the Social Services or Health Director respectively. The <br />decision as to the appropriate action includes consideration of such factors as: <br />/ The employee's past work history, including length of service and any past disciplinary <br />action. <br />/ The employee's job functions such as safety sensitive functions. <br />/ The circumstances of the positive test result. <br />• If the decision is to allow the employee to continue in employment, such employment is <br />contingent on the employee's acceptance of the terms of the County's Return to Duty <br />Agreement, including such conditions as: <br />/ The employee's acceptance of referral for substance abuse assessment and treatment. <br />/ The employee's agreement to comply with the substance abuse treatment plan and to <br />provide reports as to compliance. <br />/ The employee's agreement to unannounced follow up drug and alcohol testing and the <br />employee's acknowledgement that he or she will be dismissed from employment if he or <br />she has a follow up positive drug test or alcohol test with a result of .02 or greater. <br />/ Requirement for a negative test for drugs and an alcohol test with a result of less than <br />0.02 prior to return to duty. <br />Federal Regulations Update <br />The revised draft policy also includes detail and wording changes to reflect updated Federal <br />regulations that cover certain employees performing transportation related functions. The State <br />DOT drug and alcohol testing representative has reviewed the policy and advised that it <br />complies with State and Federal requirements. <br />FINANCIAL IMPACT: The financial impact is the cost of additional drug and alcohol tests <br />-- --needed-in areturn-to-duty situation. -For one employee-in- a-return-to duty situation over-a year- - <br />this would be about $800 to $1,000. Funds are available in the approved budget for 2002-03. <br />RECOMMENDATION(S): The Manager recommends that the Board receive the report, <br />discuss the draft policy as desired and provide direction to staff. If the Board wishes to proceed <br />with adopting the draft policy, the Manager recommends the Board do so with an April 1, 2003 <br />effective date. <br />