HomeMy WebLinkAbout20031426.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2003-3 was introduced on
first reading on February 24,2003, and a public hearing and second reading was held on March 17,
2003. A public hearing and final reading was completed on April 7, 2003, with no change being
made to the text of said Ordinance, and on motion duly made and seconded, was adopted.
Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent
to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-
Mail correspondence into the case file, please send a copy to charding@co.weld.co.us.
ORDINANCE NO. 2003-3
ORDINANCE TITLE: IN THE MATTER OF ENACTING CHAPTER 3, ARTICLES 13 AND 14, OF
THE WELD COUNTY CODE
EFFECTIVE DATE: April 23, 2003
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 11, 2003
PUBLISHED: April 17, 2003, in the South Weld Sun
2003-1426
STATE OF COLORADO)
)s.s.
COUNTY OF WELD
Ruth Pelton-Roby, as manager of Pelton
Publishing Company LLC, being duly
sworn, states that it is publisher of the
South Weld Sun, a weekly newspaper
published in Keenesburg in said County
and State; that said newspaper has a
general circulation in said County and has
been continuously and uninterruptedly
published therein, during a period of at NOTICE OF
least fifty-two consecutive weeks prior to ORD�INANCCE L ftmodor
the first publication of the annexed notice; FuBu.m to the Weld
that said newspaper is a newspaper County Home Rule Charter,
within the meaning of the act of the was incoNced 2003-3
General Assembly of the State of was
on February first
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annexed is a printed copy taken from said text of sand Omirar:s and
newspaper, was published in said on mode"my made and
seconded. was -adopted.
newspaper, and in the regular and entire Effectivedate of said
issue of every number thereof, once a bd'"'"""k"i°below.
week for I successive weeks; that Any backup material.
'r•aid notice was so published in said epxhibits or information
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newspaper proper and not in any bound of county
Commiuioners concerning-
supplement thereof, and that the first this matter may be
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ORDINANCE NO. 2003-3
Subscribed and sworn to before me this ORDINANCE TITLE: IN
Opt- THE MATTER OF
I day of l I , 2003. ENACTING CHAPTER 3.
ARTICLES 13 AND 14.OF
THE WELD COUNTY
CODE
Nl Y Pl I , p EFFECTIVE DATE: Apra
/�l'�/' C 23.2003
Notary Public
My Commiion ay BOARD TY
ss AdlirR/1j,� � ' � COMMISSIONERS
‘t`` � 'rq WELD COUNTY,
PAR• /I,
#'„ COLORADO^\ „‘N
C' ••,...• ``^;. DATED:April 11.2003• NOTARY . = PUBLISHED: Apo,
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2003. in the South-Weld •
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NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2003-3 was introduced
on first reading on February 24, 2003, and a public hearing and second reading was held on
March 17, 2003, with changes being made as listed below. A public hearing and third reading
is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th
Street, Greeley, Colorado 80631 on April 7, 2003. All persons in any manner interested in the
next reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915 10th Street,
Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru
Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
charding@co.weld.co.us.
ORDINANCE NO. 2003-3
ORDINANCE TITLE: IN THE MATTER OF ENACTING CHAPTER 3, ARTICLES 13 AND 14,
OF THE WELD COUNTY CODE
DATE OF NEXT READING: April 7, 2003, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 21, 2003
PUBLISHED: March 27, 2003, in the South Weld Sun
CHANGES MADE TO CODE ORDINANCE #2003-3 ON SECOND READING
Add Article XIV, Implementation of the Federal Motor Carrier Safety Administration
Regulations on Drug Use and Alcohol Misuse, to read as follows:
Sec. 3-14-10. Overview.
A. This policy is designed to enhance productivity and safety and to foster excellence by
maintaining a safe and productive environment for employees. Weld County maintains a strong
commitment to a drug-free and an alcohol-free work environment and has adopted this policy to
provide guidance to supervisors and employees in dealing with drug use and alcohol misuse.
This policy is applicable only to Weld County employees subject Federal Motor Carrier Safety
Administration (FMCSA) regulations on the misuse of alcohol and the use of controlled
substances. Weld County reserves the right to conduct drug and/or alcohol tests of applicants
or current employees in accordance with any other state and/or Federal law.
B. To further our commitment to providing a safe, drug-free and alcohol-free environment,
Weld County has adopted the following policies:
1. An employee and supervisor education and training program regarding drug and alcohol
misuse and abuse.
2. A drug and alcohol testing program for drivers and applicants seeking employment as
drivers who perform safety-sensitive functions.
3. A program for evaluating drivers who violate the drug use and alcohol misuse policy.
4. Administrative procedures of record keeping, reporting, releasing information and
certifying compliance with the FMCSA regulations.
C. Weld County is dedicated to ensuring fair and equitable application of this substance
abuse policy. Therefore, supervisors and managers are required to use and apply all aspects
of this policy in an unbiased and impartial manner to the employee categories listed in Section
3-14-20 of this Code. Any supervisor or manager who knowingly disregards the requirements
of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall
be subject to disciplinary action, up to and including dismissal, pursuant to the Weld County
Code.
D. The Weld County Department of Personnel Services is responsible for the enforcement
of this substance abuse policy and is the Designated Employer Representative.
Sec. 3-14-20. Employee Categories Subject to Testing.
A. The FMCSA regulations apply to all drivers of commercial motor vehicles in interstate or
intrastate commerce who perform safety-sensitive functions and are subject to commercial
driver's license ("CHAIR LONG") requirements. Applicants and current employees seeking
positions as drivers who will perform safety-sensitive functions also are covered by the FMCSA
regulations.
B. A driver is considered to be performing a safety-sensitive function during any period in
which the driver is actually performing, ready to perform, or immediately available to perform
any safety-sensitive function. Therefore, an employee who is "on call" for duty is covered by
this policy. The FMCSA defines the following functions as safety-sensitive:
1. All time at a carrier or shipper plant, terminal, facility, or other property waiting to be
dispatched, unless the driver has been relieved from duty by the employer.
2. All time inspecting equipment as required by the FMCSA regulations, or otherwise
inspecting, servicing, or conditioning any commercial motor vehicle at any time.
3. All time spent at the driving controls of a commercial motor vehicle.
4. All time, other than driving time, spent on or in a commercial motor vehicle (except for
time spent resting in the sleeper berth).
5. All time loading or unloading a commercial motor vehicle, supervising or assisting in the
loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to
operate the vehicle or in giving or receiving receipts for shipments loaded or unloaded.
6. All time repairing, obtaining assistance or remaining in attendance upon a disabled
vehicle.
C. The following categories of drivers for Weld County are subject to the policy and are
considered to perform safety-sensitive functions:
1. Service Workers I, II, and III.
2. Lead Worker.
3. Welder III.
D. Although the following categories of drivers for Weld County do not perform safety-
sensitive functions as defined above, pursuant to Weld County policy they are subject to the
regulations set forth in this substance abuse policy:
1. Motor Grader operators without CHAIR LONG Licenses.
2. Mower Operators.
3. Foreman.
4. Supervisor.
E. These lists are subject to amendment at any time. Participation in this drug and alcohol
testing program is a condition of employment for each of the above-listed drivers.
Sec. 3-14-30. Prohibited Conduct.
A. Alcohol.
1. Drivers subject to this policy must not consume alcohol:
a. While performing a safety-sensitive function.
b. Within four hours prior to performing a safety-sensitive function.
c. For up to eight hours following an accident or until the driver undergoes a post-accident
test, whichever occurs first.
2. Drivers are prohibited from possessing alcohol while on duty or while operating a
commercial motor vehicle unless the alcohol is manifested and transported as part of a
shipment. As referred to in this policy, alcohol means the intoxicating agent in beverage
alcohol, ethyl alcohol or other low molecular-weight alcohols including methyl and isopropyl
alcohol. Alcohol use means the drinking or swallowing of any beverage, liquid mixture or
preparation (including any medication) containing alcohol. FMCSA regulations currently prohibit
drivers from reporting for duty or remaining on duty requiring the performance of safety-
sensitive functions while having an alcohol concentration of 0.04 or greater. (Drivers subject to
this policy are strictly prohibited from using or ingesting prohibited drugs at any time, except
when the use is pursuant to the instruction of a physician who has advised the driver that the
substance does not adversely affect the driver's ability to safely perform his or her job. Any
driver taking such a substance at a physician's instruction must inform Weld County of such
drug use. Weld County retains the right to verify the use with the employee's physician.
Manufacturing, distributing, dispensing, possessing or using controlled substances in the work
place is prohibited pursuant to the Drug-Free Workplace Act.)
B. Controlled Substances.
1. Pursuant to Weld County policy, any driver who manufactures, distributes, dispenses,
processes, sells, attempts to sell, or arranges to sell a controlled substance to any other
person, whether on or off Weld County property, whether on or off duty, shall be subject to
discipline up to and including discharge.
2. As referred to in this policy, a controlled substance or prohibited drug means marijuana,
cocaine, opiates, amphetamines or phencyclidine. FMCSA regulations prohibit the
performance of safety-sensitive functions when a prohibited level of any of the five specified
drugs is detectable in the driver's urine.
3. An employee will not be allowed to perform or continue to perform safety-sensitive
functions if Weld County has actual knowledge that the employee was using controlled
substances at any time or alcohol during the performance of a safety-sensitive duty or 4 hours
prior to reporting to duty for a covered position.
Sec. 3-14-40. Drug and Alcohol Testing Program.
A. Drivers who perform safety-sensitive functions, and those listed above who do not
perform safety-sensitive functions, will be subject to testing pursuant to FMCSA regulations.
Testing of other employees, applicants for employment and any testing of drivers who perform
safety-sensitive functions over and above the requirements of FMCSA regulations will be
performed pursuant to separate authority of Weld County. Any testing procedures utilized by
Weld County will conform with applicable Federal and state requirements.
B. Under Weld County policy and FMCSA, a refusal to take a test will constitute the
equivalent of a positive drug test or an alcohol test of 0.04 or greater. Therefore, refusal by a
driver to submit to required testing or failure to pass a drug or alcohol test will lead to
disciplinary action, up to and including termination, pursuant to the Weld County Code. Any
driver who refuses to submit to a required drug or alcohol test will not be permitted to continue
to perform safety-sensitive functions. Refusal to take a test includes:
1. Outright refusal to submit to a test or any part of the testing process.
2. Failure to provide sufficient quantities of saliva, breath or urine to be tested without a
valid medical explanation.
3. Failure to undergo a medical examination as directed by the Medical Review Officer or
Designated Employer Representative
4. Engaging in conduct that clearly obstructs the testing process.
5. Refusal to sign the certification in Step 2 of the Breath Alcohol Testing Form.
6. Leaving the scene of an accident without a valid reason before tests are conducted
without notifying Weld County of where the driver can be reached for testing.
7. Failure to appear for any test within a reasonable time as determined by Weld county
(except a pre-employment test).
8. Failure to remain at the testing site until the testing process is complete.
9. In the case of a directly observed or monitored collection, failure to permit the
observation or monitoring.
10. Failure to take a second test as directed by the employer or collector.
11. A verified adulterated or substituted test result as reported by the Medical Review
Officer.
C. Pursuant to Weld County policy, any driver who tampers with, falsifies, substitutes, or
alters a urine sample, saliva or breath test, or who attempts to do so, shall be subject to
disciplinary action, up to and including termination, pursuant to the Weld County Code.
D. Weld County will adhere to all required standards of confidentiality as defined in 49 CFR
Part 382, Subpart D. Testing records and results will be released only to the employee upon a
written request and those authorized to receive such information.
Sec. 3-14-50. Testing for Controlled Substances.
A. Drug testing of drivers who perform safety-sensitive functions is limited to the following
substances:
1. Marijuana.
2. Cocaine.
3. Amphetamines.
4. Opiates (e.g., heroin, codeine).
5. Phencyclidine (PCP).
B. While drug testing by Weld County normally will be limited to the five substances listed
above, Weld County reserves the right, pursuant to its policy and under its own authority, to
require drivers to provide separate specimens for testing for other controlled substances, as
permitted by law. Weld County reserves the right, pursuant to its policy and under its own
authority, as permitted by law, to perform drug tests of applicants or current employees not
covered by this policy using the same procedures FMCSA requires for testing drivers who
perform safety-sensitive functions.
Sec. 3-14-60. Testing for Alcohol.
A. Alcohol testing of drivers will be performed pursuant to FMCSA regulations. Weld
County reserves the right, pursuant to its policy and under its own authority, as permitted by
law, to perform alcohol tests of applicants or current employees not covered by this policy using
the same procedures FMCSA requires for testing drivers who perform safety-sensitive
functions.
Sec. 3-14-70. Testing Procedures.
A. Weld County will select an appropriate site for the administration of drug and alcohol
tests which meets the requirements specified by the U.S. Department of Transportation ("U. S.
Department of Transportation") 49 CFR Part 40. A copy of said Part 40 is available to any
employee who would like to review the procedures. Pursuant to Weld County policy, drug and
alcohol testing will be conducted off Weld County premises. Normally, administration of alcohol
tests will be performed concurrently with urine collections. Weld County reserves the right,
however, to administer alcohol tests separately from urine collections and to administer alcohol
tests and/or urine collections on Weld County premises.
B. The site selected for collecting urine specimens will provide: a privacy enclosure for
urination; a toilet; a suitable, clean writing surface; and a water source for hand washing, which,
if practicable, will be located outside the privacy enclosure. The contractor who conducts the
testing will ensure that access to the testing site is restricted during testing, that unauthorized
persons are not present and that there are no unobserved entrance points to the testing site.
Furthermore, Weld County shall ensure that the collection site personnel provided by the
contractor have certified qualifications and during the collection process ensure the dignity and
privacy of the donor and that all collection site personnel are trained to prepare the collection
site, collect specimens, examine specimens for tampering or sample adulteration, observe
collections, split specimens and properly label and preserve the chain of custody of the
specimens. These steps will be taken to protect the driver and the integrity of the drug testing
process, safeguard the validity of the test results and ensure that the test results are attributed
to the proper driver. (Alcohol tests will be conducted with the use of a non-evidential screening
devise and/or evidential breath testing device approved for use by the National Highway Traffic
Safety Administration. A Screening Test Technician will administer non-evidential screening
tests including saliva tests. Only a Breath Alcohol Technician will administer an evidential
breath testing device test. Alcohol tests will be administered in a location that affords visual and
aural privacy to the driver being tested which is sufficient to prevent unauthorized persons from
seeing or hearing test results. If the screening test reveals a blood alcohol concentration of
less than 0.02, the test is negative and will be reported as such. If the screening test reveals a
blood alcohol concentration of 0.02 or greater, a confirmation test will be performed.
Confirmation tests will be performed using an evidential breath testing device and conducted
within 30 minutes of the completion of the screening test. If the driver must be transported from
the screening site to the confirmation site, the driver will remain under the direct observation of
a Breath Alcohol Technician, Screening Test Technician, or other employer representative.
These steps will be taken to protect the driver and the integrity of the testing process,
safeguard the validity of the test results and ensure that the test results are attributed to the
proper driver.)
Sec. 3-14-80. Role of the Medical Review Officer.
A. All drug test results will be reviewed first by a specially trained and certified physician
serving as Medical Review Officer. The Medical Review Officer will follow all the appropriate
procedures as defined in 49 CFR Part 40. The Medical Review Officer will notify Weld County
directly if a driver's drug test result is negative. If the drug test result is positive, the Medical
Review Officer will contact the driver to discuss the test, to determine if the positive result is
valid and to notify the driver that he has 72 hours to request a test of the split specimen. (See
the section entitled "Retesting at the Driver's Request"for a detailed description of split test
procedures.) Weld County only will be informed that an individual has tested positive or
negative. The specific drug(s) involved may be disclosed to Weld County by the Medical
Review Officer. The levels detected will not be disclosed by the Medical Review Officer to Weld
County.
Sec. 3-14-90. Role of the Substance Abuse Professional.
A. All drivers with a verified positive drug test result or a confirmed alcohol test result of
0.04 or greater, including those who have been terminated, will be referred for evaluation by a
Substance Abuse Professional. If the driver's eventual return to work is permitted under this
policy, the Substance Abuse Professional shall prescribe a treatment program which the driver
must successfully complete or continue to follow in order to return to work. This treatment
program may include referral of the driver by the Substance Abuse Professional to a treatment
provider. The specific responsibilities and protocols that are followed by the Substance Abuse
Professional are defined in 49 CFR Part 40.
B. Drivers permitted to return to work following a positive test shall be re-evaluated by the
Substance Abuse Professional to determine whether the driver has complied with the
Substance Abuse Professional's recommendations. After that evaluation and the successful
completion of a return-to-duty test, the Substance Abuse Professional shall recommend to the
employer the number and frequency of follow-up alcohol and/or drug tests to be administered
following the driver's return to duty. The follow-up testing shall consist of at least six tests in the
first twelve months following the driver's return to duty. The Substance Abuse Professional
shall recommend whether the driver should be subject to both drug and alcohol follow-up tests.
Sec. 3-14-100. Employee Assistance Program. Weld County will assist employees who test
positive by providing information about treatment provider and programs to help the employees
resolve their problems with drugs or alcohol.
Sec. 3-14-110. Types of Testing.
A. Weld County will perform the following types of drug and alcohol testing:
1. Pre-Employment Testing (drug testing only).
2. Reasonable Suspicion Testing.
3. Post-Accident Testing.
4. Random Testing.
5. Return to Duty Testing.
6. Follow-Up Testing.
Sec. 3-14-120. Pre-Employment Testing.
A. All applicants for and current employees seeking transfer to employment as a driver who
will perform safety-sensitive functions will be informed in writing of the testing requirements and
will undergo a pre-employment drug test. Weld County will not hire an applicant or transfer an
employee to such a position unless the result of the applicant's or employee's drug test is
negative. Weld County also will make reasonable efforts to contact each of the applicant's
employers over the previous two-year period to determine if the employee has tested positive
for either drugs or alcohol. Weld County will document this effort clearly and will maintain these
records for a minimum of five years. The applicant must provide a limited consent for Weld
County to obtain this information. Failure to provide this consent will disqualify an applicant
from employment or disqualify an incumbent employee's application for transfer to a position as
a driver who performs safety-sensitive functions. If the driver has tested positive while
previously employed, Weld County must verify that the driver completed a treatment program
recommended by the Substance Abuse Professional and obtained a verified negative test
result.
B. Consequences of Positive Test Result. A positive pre-employment drug test shall be
considered sufficient ground to disqualify the applicant or incumbent employee from
employment with Weld County in a position as a driver who performs safety-sensitive functions.
All applicants or employees with a positive result will receive a referral to a Substance Abuse
Professional. Pursuant to Weld County policy, an incumbent employee whose drug test result
is positive will be subject to the same consequences as an employee whose random drug test
was positive.
C. Weld County will not assign an applicant or incumbent employee who has refused to
take or failed a pre-employment drug test to a position as a driver who performs safety
sensitive-functions. If such an applicant or employee later applies for such a position, Weld
County will administer another pre-employment drug test. If the employee or applicant passes
the second pre-employment test, Weld County may, in its sole discretion, assign and/or hire the
employee or applicant to work in a position as a driver who performs safety-sensitive functions.
Sec. 3-14-130. Reasonable Suspicion Testing.
A. Drivers who perform safety-sensitive functions will be required to submit to a drug or
alcohol test when Weld County has a reasonable suspicion that the driver has used a prohibited
drug or misused alcohol. Reasonable suspicion is established if a supervisor trained in
detecting the signs of alcohol misuse and drug use reasonable concludes, based on his or her
observations, that the driver has used drugs or misused alcohol. The determination that
reasonable suspicion to test exists shall be based on specific, contemporaneous, articulable
observations concerning the appearance, behavior, speech or body odors of the driver. The
observations may include indications of the chronic and withdrawal effects of controlled
substances.
B. Weld County will direct a driver to undergo reasonable suspicion testing for alcohol only
if such observations are made during, just preceding or just after the period of the work day that
the driver is required to comply with the driver alcohol use prohibitions. The alcohol test may be
administered only just before,just after or during the period the driver is to perform a safety-
sensitive function. A driver ordered to submit to reasonable suspicion testing shall be
transported to the screening site by a supervisor or other person designated by the supervisor.
A reasonable suspicion test for alcohol must be performed within eight hours following a
determination that reasonable suspicion to test exists. If a reasonable suspicion test is not
performed within two hours after such a determination, Weld County will prepare and maintain a
record stating the reasons the test was not promptly administered. No driver suspected of
alcohol misuse, as shown by the behavioral, speech or performance indicators of alcohol
misuse, may perform or continue to perform safety-sensitive functions until an alcohol test is
administered evidencing a blood alcohol concentration of less than 0.02, or at least 24 hours
have elapsed following the administration of the reasonable suspicion test. A written record of
the observations leading to a controlled substance or alcohol reasonable suspicion test shall be
made and signed by the supervisor or company official within 24 hours of the observation or
before the test results are released, whichever is earlier.
C. Under the authority of Weld County, a driver who undergoes reasonable suspicion
testing will be removed from service pending the test results on a status of"administrative leave
with pay." If the test results are negative, the driver will be returned to work (without loss of
pay).
D. Consequences of Positive Test Result. Pursuant to Weld County policy, if the
reasonable suspicion drug or alcohol test result is positive, the driver will be removed from the
safety-sensitive position on a status of"leave without pay," referred to a Substance Abuse
Professional and will be subject to discipline, up to and including termination, pursuant to the
Weld County Code. For the duration of the leave without pay, the driver cannot utilize any
accrued sick or vacation leave. At a minimum, the driver shall be subject to the same
consequences applied to drivers following a positive random test. If the driver is not terminated,
the driver shall be subject to the same requirements regarding assessment, rehabilitation,
return-to-duty and follow-up testing applied to drivers following a positive random test.
Sec. 3-14-140. Post-Accident Testing.
A. Each surviving driver who was performing a safety-sensitive function with respect to the
vehicle will be tested for both drugs and alcohol if the accident involved the loss of a human life.
Additionally, each driver will be tested for both drugs and alcohol who receives a citation under
state or local law for a moving traffic violation arising from the accident, where the accident
resulted in an injury requiring immediate medical treatment away form the scene or disabling
damage to any motor vehicle that requires towing away services.
B. Tests for the use of prohibited drugs and misuse of alcohol will be administered as soon
as practicable following an accident involving a commercial motor vehicle. Drug tests must be
performed within 32 hours following an accident. If the drug test is not administered within 32
hours, Weld County will cease efforts to test for drugs and will prepare and maintain on file a
record stating the reasons the test was not promptly administered. Alcohol tests should be
performed within two hours following an accident, but in no instance later than eight hours
following an accident. A driver subject to post-accident testing must refrain from consuming
alcohol for eight hours following the accident or until he submits to an alcohol test, whichever
comes first. If the driver has not submitted to an alcohol test within two hours of the accident,
Weld County will prepare and maintain on file a record stating the reason that the test was not
administered promptly. If the alcohol test is not administered within eight hours after the
accident, Weld County will cease efforts to administer the test and will maintain the same
documents.
C. The results of a breath or blood test for the use of alcohol or a urine test for the use of
controlled substances, conducted by Federal, state or local officials having independent
authority for the test, shall be considered to meet the requirements of this section, provided
such tests conform to applicable Federal, state or local requirements and the results of the tests
are obtained by Weld County.
D. These testing requirements will not delay necessary medical attention for injured
persons, nor will they prohibit a driver who was performing a safety-sensitive function from
leaving the scene of an accident to obtain assistance in responding to the accident or to obtain
necessary emergency medical care. Drivers performing safety-sensitive functions, however,
must remain readily available for testing for 32 hours. This means the driver must ensure that
Weld County knows the driver's location for at least a 32-hour period following an accident or
until post-accident drug and alcohol tests have been completed. A driver who is not available
for testing will be considered to have refused to submit to testing unless his or her unavailability
is attributable to efforts to obtain assistance in responding to the accident or obtaining
necessary emergency medical care. Drivers will be provided with necessary post-accident
information, procedures and instructions prior to operating a commercial motor vehicle so they
will be able to comply with this policy.
E. Consequences of Positive Test Result. Pursuant to Weld County policy, if the result of
either test is positive, the driver will be removed from his or her safety-sensitive position on a
status of"leave without pay," referred to a Substance Abuse Professional and will be subject to
discipline, up to and including termination, pursuant to the Weld County Code. For the duration
of the leave without pay, the driver cannot utilize any accrued sick or vacation leave. At a
minimum, the driver shall be subject to the same consequences applied to drivers following a
positive random drug or alcohol test. If the driver is not terminated, the driver shall, at a
minimum, be subject to testing applied to drivers following a positive random test.
Sec. 3-14-150. Random Testing.
A. Random testing will be conducted for all drivers performing safety-sensitive functions at
a rate established by law. Random tests will be unannounced and spread reasonably
throughout the year. There will be no pattern to when random tests will be conducted and all
drivers who perform safety-sensitive functions will have an equal chance of being selected for
testing from the random pool each time random tests are conducted. Drivers shall remain in
the pool even after being selected and tested. Therefore, a driver may be selected for a
random test more than once during a year.
B. Drivers will be selected anonymously using an identification number having no
correlation to actual employee names. The driver must report to the collection site immediately
after receiving notification of his or her selection from the random pool. It is the responsibility of
Weld County's Medical Review Officer contractor to maintain the data base of drivers who
perform safety-sensitive functions and to perform the random selection of drivers to be tested
each testing cycle. In the event a randomly selected driver is absent from work on the day his
test is scheduled, the driver may be notified at anytime during the selection period. If the driver
is gone for an extended period of time, an alternate driver shall be randomly selected for
testing, and the originally randomly selected driver shall be placed back in the pool and the
number of those drivers randomly selected in the next selection period shall be increased
accordingly.
C. In the event it is necessary to collect a urine specimen from a driver for random testing
outside his regular work hours, the driver will be paid for the extra time at the applicable rate. A
driver will be subject to random testing for alcohol only while the driver is performing safety-
sensitive functions or just before or just after performing safety-sensitive functions.
D. Consequences of Positive Test Result. Pursuant to Weld County policy, a driver whose
random drug test is positive or whose alcohol test result is 0.04 or greater will be immediately
removed from his or her safety-sensitive position on a status of"leave without pay," referred to
a Substance Abuse Professional and will be subject to discipline, up to and including
termination, pursuant to the Weld County Code. For the duration of the leave without pay, the
driver cannot utilize any accrued sick or vacation leave. Furthermore, the driver will be subject
to disciplinary action, up to and including termination, pursuant to the Weld County Code.
Sec. 3-14-160. Return-to-Duty Testing.
A. A driver who receives a verified positive drug test result, an alcohol test result of 0.04 or
greater, or who refuses to submit to any test, or who improperly uses alcohol while on duty or
after an accident (before post accident testing is complete), may not return to work until the
driver is: 1) referred for evaluation by a Substance Abuse Professional who determines that the
driver has followed any treatment program prescribed by the Substance Abuse Professional
and 2) passes a return-to-duty test. A return-to-duty test may be performed after the
Substance Abuse Professional indicates that the driver has completed or is following any
prescribed treatment program. In the return-to-duty evaluation, the Substance Abuse
Professional also shall determine the frequency and duration of follow-up testing after the driver
returns to duty. The Substance Abuse Professional may recommend that the driver be subject
to a return-to-duty test for both drugs and alcohol even if the employee only tested positive for
one or the other. To pass the return-to-duty test, the result must be a verified negative drug
test result and/or an alcohol test result of less than 0.02.
B. Consequences of Positive Test Result. Any positive return-to-duty drug test, taken at
the driver's expense, or return-to-duty alcohol test with a result of 0.02 or higher, taken at the
driver's expense, will be subject the driver to disciplinary action, up to and including termination,
pursuant to the Weld County Code.
Sec. 3-14-170. Follow-up Testing.
A. Drivers permitted to return to duty are subject to unannounced follow-up testing. The
Substance Abuse Professional shall determine the frequency and duration of the follow-up
testing. A minimum of six follow-up tests during the first 12 months after the driver returns to
duty will be performed at the driver's expense. The testing period shall not exceed 60 months
from the driver's return-to-duty. Follow-up testing is separate from and in addition to the regular
random testing program. Accordingly, drivers subject to follow-up testing will remain in the
standard random pool and will be tested whenever their names come up for random testing,
even if this means being tested twice in the same day, week or month.
B. The Substance Abuse Professional may recommend that the driver be subject to follow-
up testing for both drugs and alcohol even if the driver only tested positive for one or the other.
Therefore, a driver who is subject to follow-up drug tests may be required to take one or more
follow-up alcohol tests with a result of less than 0.02. If the driver is subject to follow-up alcohol
tests, he may be required to take one or more follow-up drug tests with a verified negative
result. Follow-up alcohol testing will be conducted only when the driver is performing safety-
sensitive functions or just before or just after the driver performs such functions.
C. Consequences of Positive Test Result. Any positive test result for a driver subject to
follow-up testing (including the positive result of a safety-sensitive job transfer, random,
reasonable suspicion, post-accident or other test), with the test being taken at the driver's
expense, will subject the driver to disciplinary action, up to and including termination, pursuant
to the Weld County Code.
Sec. 3-14-180. Consequences for Engaging in Drug and Alcohol-Related Conduct.
A. Controlled Substances. A driver who tests positive for drugs or refuses to submit to a
drug test must be removed from performing safety-sensitive functions immediately on a status
of"leave without pay." For the duration of the leave without pay, the driver cannot utilize any
accrued sick or vacation leave. A verified positive drug test may subject the driver to discipline,
up to and including termination, pursuant to the Weld County Code. A driver who tests positive
for drugs or refuses to submit to a drug test may not perform a safety-sensitive function until he
has been referred for evaluation by a Substance Abuse Professional, completed any
recommended treatment, been informed of education/treatment programs for controlled
substance abuse, and taken a return-to-duty drug test at the driver's expense with a verified
negative result. Weld County retains the right to terminate or otherwise discipline a driver who
tests positive for drugs or refuses to submit to a drug test.
B. Alcohol. A driver who has an alcohol concentration of 0.02 or greater but less than
0.039 (a non-positive alcohol test) must 1) be removed from safety-sensitive functions, on a
status of"leave without pay," until the start of the driver's next regularly scheduled duty period,
to begin not less than 24 hours following administration of the alcohol test, 2) be informed of
education/treatment programs for alcohol misuse and abuse, and 3) sign the statement on the
alcohol testing form acknowledging that he shall not perform safety-sensitive functions or
operate a motor vehicle during this period.
1. A driver whose alcohol test reveals an alcohol concentration of 0.04 or greater may not
perform a safety-sensitive function until he has been referred for evaluation by a Substance
Abuse Professional, completed any recommended treatment and passed a return-to-duty test,
at the driver's expense, with an alcohol concentration of less than 0.02. Weld County retains
the right to terminate or otherwise discipline a driver who tests positive for alcohol or refuses to
submit to an alcohol test.
Sec. 3-14-190. Retesting at the Driver's Request.
A. U. S. Department of Transportation regulations provide for a split sample procedure
which requires a portion of each urine specimen to be retained in a separate, sealed container.
A driver whose urine test is positive may request that the split sample be tested at a separate
laboratory approved by the U.S. Department of Health and Human Services. U. S. Department
of Transportation regulations require that the driver make such a request within 72 hours of
learning of a verified positive test. (In the event a driver fails to make a timely request, the
driver must present information to the Medical Review Officer documenting that serious illness,
injury, inability to contact the Medical Review Officer, lack of actual notice of the verified positive
result or other circumstances unavoidably prevented the driver from timely contacting the
Medical Review Officer. If the Medical Review Officer concludes that there is a legitimate
explanation for the driver's failure to contact the Medical Review Officer within 72 hours, the
Medical Review Officer shall initiate a test of the split specimen.)
B. Pursuant to Weld County Policy, all costs associated with split sample testing will be the
responsibility of the driver unless the result of the split sample test invalidates the result of the
original test, including the costs of shipping and handling, transportation, testing and reporting
to the Medical Review Officer. Weld County will assure that the split sample is tested in a
timely manner if the employee cannot pay, however, the driver will reimburse the cost of the
testing process to the County. If the result of the split sample test is negative, these costs will
be assumed by the County Additionally, if the result of the split sample test is negative, the
driver will be reinstated with no loss of seniority and paid for lost back wages.
Sec. 3-14-200. Notification of Convictions. Pursuant to the requirements of the Drug-Free
Workplace Act, all employees and drivers must notify Weld County within five days of any
criminal drug statute conviction for a violation occurring in the workplace.
Sec. 3-14-210. Contact Person. FMCSA regulations require that a single contact person be
identified to answer questions about this policy. For the purposes of this policy, the contact
person will be Weld County's Designated Employer Representative, the Drug and Alcohol
Testing Program Administrator at the Weld County Personnel Department, 915 10th Street,
Greeley, Colorado 80631, who may be reached at (970) 356-4000, Ext. 4234. Copies of
relevant regulations also are available at the Personnel Department.
Sec. 3-14-220. Effects of Alcohol. FMCSA regulations require that written drug and alcohol
policies include a discussion of the effects of alcohol misuse. That information is contained in
the attached "Effects of Alcohol Fact Sheet"which appeared as part of the "Implementation
Guidelines for Drug and Alcohol Regulations in Mass Transit, " issued by the Federal Transit
Administration Office of Safety and Security.
Sec. 3-14-230. Effects of Controlled Substances. FMCSA regulations require that written
drug and alcohol policies contain a discussion of the effects of controlled substance use. That
information is contained in controlled substance "Fact Sheets" available at the Weld County
Personnel Department which appeared as part of the "Implementation Guidelines for Drug and
Alcohol Regulations in Mass Transit," issued by the FTA Office of Safety and Security.
Sec. 3-14-240. Education and Training. Supervisors responsible for determining when to
administer reasonable suspicion tests will receive training on this issue. This training will
consist of at least 60 minutes for alcohol awareness training and at least 60 minutes for drug
awareness training.
Sec. 3-14-250. Record Keeping. Weld County will strictly adhere to all standards of
confidentiality and assure all employees that testing records and results will be released only to
those authorized by FMCSA rules to receive such information. All drug and alcohol testing
records will be maintained in a secure manner so that disclosure of information to unauthorized
persons does not occur. Privacy of each tested employee shall be strictly maintained.
oft 1
SECOND REARMS OF
ORDNANCE
STATE OF COLORADO)
Pursuant to Ms Weld _.
S.S. Caniyl.Number
COUNTY OF WELD ) ordinance Number 200.'3 Zrc 7 / 9 D:
was introduced Pee e l24, I.:,:,, .. I l.ti ten. q3
reading on February 2e,
hewing
Ruth Pelton-Roby, as manager of Pelton a 'e;;reedublkro was t�
Publishing Company LLC, being duly March
okra 17,ing 200mad3,
REC.-
`.,•'`!�
sworn, states that it is publisher of the ..Nand Mew. A public
South Weld Sun, a weekly newspaper eolice,ing beheldiint decked C. INS County is
published in Keenesburg CHAMP ORDINANCE
ensuing lair
in said County aril's °fal the Room• CODE ORDINANCE a^seaublim d -flee
Fit Roar Hteetng Room. - sublimed.-tbWe
and State; that said newspaper has a H6 10.Sheet,Greeley, gzgo2a ON SECOND policy. Therefore,
general circulation in said County and has Colorado 10031 onAp^l7, READING supervisors and managers
2003. AN persons in any
been continuously and uninterruptedly mater interested in the Add Article. XIV, d required to less and
apply aspects
upects of this
published therein, Burin a erica of at rest reading a said Implementation
eletl of the
r policy in an unbiased and
9 P 7w eve ere rebueatedto Fad" Meer CeMif imperial tearer to the
least fifty-two consecutive weeks prior to ~add may be heard. Safety AdminetretenRegulation.on Use employee categories
the first publication of the annexed notice; PlwecemMtin.clerk to and Alcoho "bust to Cin Section su.n-20 of doe
P read as falkays: Cods. Any o.,knc i or
that said newspaper is a newspaper the Board's'721 ion manager ardsnawthe
(920) 5, o.Exte fax diaregtrai The
within the meaning of the act of the 14 7 z 5. or fax e s..o-+a+a oe«elew. red drems is t
General Assembly of the State of w7D) °242,wring priory,
or who found to
ay al aR nsanro 1,as. A. This policy u
+" p Colorado, entitled "An Act to regulate the result of a diablity. you designed m enhance writer in regard ly misuse "
to
require reasonable productvtyandaalaya^d siaadinaes snap be
printing of legal notices and accommodations in order to foster seelle^u by subject to disciplinary
to participate in this Mainlining a aets and
advertisements" and amendments
hewing. productive dismissal,pursuant to die
thereto; that the notice of which the employe"' Weld County Weld County Code.
Any backup material, maintains • strong
annexed is a printed copy taken from said exhibits or information commitment to adnpiree D The Weld County
previously submitted tote and°"'k°"oWree won Depammem of PerPersonnelnewspaper, was published in said
- Board of County environment and has Semites is responsible for
newspaper, and in the regular and entire commi.alon»mconcernfng .sore dal poky to the enforcement of the
this matter may be Provide gwesep to Substnnce SS Alta►issue of every number thereof, once a examined in the office of sellmiansentlaaPIMINI ens is V. Desiptaled
week for I successive weeks; that the clerk to is Board of In dosing nun dry tea ErlploywfL_..._JSe,
County Commissioners. and alcohol mists. lids
said notice was so published in said lotted in the Weld County policy is applkalde only' See.sea uYtplgdo
newspaper pro er and not in an Centennial Cares. 915 Wald County employees OMSEedas ISO* t
P y 10th Sheet Third Floor, •.acct Peeked Me Trims
supplement thereof, and that the first Greeley. Colorado. Carrier Safety
publication of said notice as aforesaid, boatmen the enure of 8:00 Administration (FMCSA) A. The FMCSA
a.m. end 5:00 P.m., reguledons on to misuse lagulton, apply to an
was on the a?_day of Morklay lbw Friday,or may of alcohol and the use al drivers' of commercial
be accessed through dte controlled substances. weer vehicles in interstate
rx\r,r r 1,1 2003, and the last wee County Web Page wet County raison Ea erisidotetearmwoewho
(www.co.weld.co.w. E- rplttoconductdnpante' pedorni safely-sensitive
Men messages sent to an alcohol tests of applicant MedonsaMwentjectto
on the day of , 2003. ISidet Commissioner or current employees in onnercialdrwerslicerse
mey recta included into acwwandwNhary otter ('CHAIR LONG')
c es ale. To ensure state ardor Federal law. reparh eere. Appian
hluion of your E-Mail ante current employees
PELTON PUBLISHING COMPANY LLC case plea please send a B. tTom further our seeking positions ras
m
c o p y t o commitment a providing• awaits who e n tons
sale,eiwirr nment, Wildlid- aalely m cat a functions
the
V('--
/� tlrrSNco.weld.a.us. bee y heamwa WW qte cowed by the
By 1 _...�.._ ORDINANCE HO 20033 Creamy Ma-ad pted e. . PICSA regulation.
Ruth Pelton-Roby following policies:
B. A eriv tr is
THE MATTER TIME: IN 1. An n educate W pewsmng to be
THE OF training
n p rarsyon •M performing a sdley.
Its: Manager AR CTINSLIDS CHAPTER AND1 . 3. daig s dr me *warei. 'napes anion during
TEIEeWE 13 AND CF and and men' mlaado are period i in which they
THE WELD COUNTY and abuts. driver is actually
Subscribed and sworn to before me this O E performing. ready to
DATE NEXT 2. A dug end alcohol perform. or immediately
rr�� DEADM7.OF NEXT along program Mr driven aailabte to perform any.
d.� day of mr.Vc�1 , 2003. too em. employm�en�tinned* Therelos
an'employee
OF COUNTY perform sW. eenaNN en e w a tin ale'for duly is
BOARD
BOAMI OF CO RS hectare covered by the policy.The
%/ .Inn FMCSA defines the
Cirri /h 1 ( ,�;1 p COLORADO WC COUNTY,
N T V. 3. A program er following functions as.
evaluating drivers who aalyaneibve:
Notary Publ' n / violate the dug tee and
My Commission expires:,�I I 107 DATED.March 21 2003 alcohol misuse POTe \ 1. All time at a carrier
vvvvvM:t.•�t,pii„'r ter PUBLISHED: March 27, e, Atlw,nletteliv•• 1sel por shipper p w pommy
`'`viLr Grn♦lT<:�,, ' ia�m lea South Weld procedures al mere wales to be dished.
11.��s
keeping. repotting,
• let wnarxR aM
leallaMal.at
r TAR ' . 1 "w"SOMr' ter-
r.
— c .-, —
'• of CO‘
;r'FI111/1111 a`�
11NtN
eases to Meer y been
Ow swellowin of any termination.pusuentfothe separate SWAM ter win administer new B. Dines Winifred to
lend from duly by Ow p mad»a Weld County Code. AM t WIS ter oMr wlweea coif W'W nen bets return to work following a
srluploYer. berme,liquid pr gnt lLsiiM and driver who Muses to sub ernes. es _,SS* new Only positive ttest dshall be re-
e
2. All time inspecting medication) containing 5 bmitto a required drug Or by law. Weld Cot's • Breath Alcohol evSubstance e byte the
y
equipment as required by alcohol. FMCSA alcohol test will not be .Servesthe ripn4 pursuant TeCMNlen will administer Professional to determine
the FMCSA regulations,or regulations currently permitted to consume to ms: policy end uedet Is anhniciaNl breath testing bthe driver s
otherwise inspecting. prohibit drivers from perform safey-sensitive own authority,as permitted device test. Alcohol tests whecomplied lied with has
s
servicing, or conditioning reporting for duty or functions. Refusal to take by law. to perform drug will be administered in a P
remaining on dud requiring atest includes: teas of applicants or location that affords visual Substance Abuse
any commercial time.
motor current employees not end aura prhvecy to to Professional's
vehicle at any time. the pepomarce of safety- recommendations. Alter
1. Oubigm refusal rnyto covered Ns policy uffi being to which vent
g functions while submit to a test roess.pan usinelbe same Procedures sufficient to prevent that evaluation and the
3. All time spentat the having an alcohol olthe teslng process.
FMCSA requres for Meting seeing for persons from successful completion ole
driving controls 01 a concentration d 0.04 « dinwwho performsafety- seeing or hearing test return-to-dud test. the
commercial motor vehicle. greater,(Dines subject m 2. Failure t provide sensitive funnctions, result. It the sdesning Substance Abuse
this policy are anctly sufficient quantities of tea reverie flood alcohol Professional shall
4. All me. ton than prohibited from using or saliva breath Sea 3-14-00. Testing fur °monsoon of less own recommend to the
driving time,spent on or in ingesting prohibtod daps tested without a valid Alcohol. 0.02,the tea s negative employer the number and
a commercialtime motorvehicle at any Ana,esapt win medical azplaraoon. and will be reported es frequency of mllw-up
(except for time spent to use s pursuant m the A. Alcohol testing of such If the screening test alcohol and/or drug tests to
resting in the sleeper instruction of a ph)sica^ 3. Failure to undergo a Oina. will be pep«med meale a mood akdcl be administered following
bete). who hie advised to cover medical examination as pursuant to FMCSA concentration d 0.02 or the driver's return to duty.
tetthesubstancedoesnot directed by the Medical mouton Wald County greater,a wraitrNtinn test The follow-up testing shall
5. All time loading or edyereaygtecttedrlwra Review Officer or reserveste right sunward will be performed. consist d at least six bas
unloading a commercial adltyYsasy pepam tsl Designated Employer to 0s policy and under is Coreimaton bets sap be in the first twelve rusts
motor vehicle,supervising or her lob. Any driver .R•preseretive own 6ualellry.espemlted performed using an loollto a�ing tad The Substance
return
oror assisting in the loading saki such a substance at by tee.Y Per"'octet evidential breath testing Abuse Pen
stall
or unloading, attending a e padalcan'S itobu4tion 4. Engping incotouct reps of apliCab or device and conducted
recommeto whether tie
vehicle being loaded or meat infirm Weld Count' that Merry obtrude the puma' employees rte wales 3p minutes d the
unloaded, remaining in e of such drug use. weld tasting process. scared ter otis Policy dthesereereng driver should be subject to
readiness to operate the County retains the ngMm to eameprocedMss both drug ant alcohol
vehicle or in Ming or verily the uS with Val MSC transportedtraprtednl from mat Mlid uP teats,
receiving receipts for physician. c' Reseal m sign the FMCSA.qulest«tNting scree the
employee's certification in SYp2atlb mows who pedorm salary' screening site to the gK}14.100. Employ
shipments loaded or asntsacbang•diandAng• Breath .Alcohol Testing sensitive functions. cantimadonato,tlhe«rva
unloaded. dspereing•possessing of perm, Assistance Program.
using controlled win raiain user the direct Weld County will ram.
gad, }1470. Testing observation d a Breath Weld who test
ssist
G. nAllg time repairing, place C" in the work 6. Leeving to scene ptomain Alcohol Technician,
e assistance or plleesproNDdedpuauant an accident without a vase ScrNNngTeatTeebacsA Pesiove by Providing
remaining in attendance tote DneFMW«kPtace reason before teas ale A. Weld Courtly will or other employer ireormataesouttrestlet
upon•disabled vehicle. ACL) coadubtlwitcutwtykg •
said an appropdeb ate repNentatw. These hprovider
andplayasrams to
Weld Couty of whore the for to admnistration of asps will be skin m Speweir bNrnswnthdrugsa
C. The following B. Controlled driver can be reached for dnig and alcohol tells weird tw mem and to thaleond.
categories ol drivers for Substances. bating. which meets the integMy of ve win '
Weld County ant subject to rpYretneree sDewial by process, safeguard the See,}14110. Types of
the policy and are 1. Pursuers to Weld 7. Failure t appeafor the U.S. Department OfvalldtY of test rests
Testing.considered to perform Cow*Cov Dolby ate drover any test within a Transportation Mk S. and ensure that the test
safety-sensitive Inborn: who manufactures, reasonable time as Department of Mute are attributed tete A. Weld Cousy will
distributes, dispenses, daamited by Wildcouny Tmragofteti«f') 49 CFR proper drsa.) A.
fee CoungyPea
1. Servce Workeml,ll, prweeess.sells.etemPed (except a pr>ernployment part sp. A copy a slid ped drug and alcohol WWI
and ill. m sell, sb arranges mt fl sag Pan 40 is available to any Sec.}1480. Sob a to
controlledd "'"e ebnet employeewitwodd eem MedicalRevMw Officer.
1. Pre-Employment
2. Lead Worker. titer ps.on.wfrtleranor g. Pollwmrweina review the procedures- Testing(drug testingtiny).
whether Weld Couay properly the testing sib SI to Pusuw m Weld Couaty A. All dr g test resmte
3. Welder III. eubjon to d duty.rte testing process is policy, drug and alcohol win be reviewed first ay a 2. Reasonable
be subject m discipline p complete. bating cos be coed cted specially traitotl end Suspicion Testing.
followingD. categories
the maw including discharge. off Weld County premises. certified physician serving
old Coup d 9. In to ass d a Normally.adminisb•pon of as Medical Review Officer. 3. Post-Accident
drivers tor ors ad County do 2. AS Maned to in mix directly observed or alcohol test MII be The Madlca Review Cticer Testing.
. P
Imtperfameatetyaetoth'e policy, a conohibiedd monitredcolectioa,tahee pypormadwrclsr•ntyw. will follow all the
tulationsesMirrdaow, substance of prohibited so Pend"oaervaoon« urine collections. Weld apWoPfiate Pfoceduleass 4. Random Testing.
pursuant to 1Weld
$t County drug means p i at s. monitoring. Caney reserves the right dstined in 49 CFR Pan 40.
perry theyweubNdm cocaine. opiates. - however, to administer The MedicalReviewCIiew 5. Return to Duty
the regulators sal forth in amphetamines o r pg. Falure b tai a alcohol tees separately wet rhotify Weld County Testing.
this substance abuse phencyclidine.lidire. FMCSA second test as directed Dy from urine collection and directly if a drivers drug
policy: regulations Prohibit the the employer or collector. m administer alcohol tests test result is negadve. If e. Fol csmup Taming.
performance of safety- andr«lore cail•cti«s or to drug YM result is
1. Motor ONd•r sensitive functions wine 11. A v e n 1 e d Wald Courtly premses. positive, the Medical
LONG Li without CHAIR t ehiaes level d ate d adulterated or aAleluled Review Officer win contact Sec. 3-14176 Pre-
LONG Ucases. the live apecaed dngc s tset resu t es reported by B. The ste selected ipr the rover m discw the Employmen1estng,
detecsde m tlo driver's less MadrcatlYvNwdlicer. collecting unto spec meal tea. m dsWmiM p the A. NI applicassmr and
2. Mower Owns. urine. win provide: a privacy positive result is valid and _mem emppyeas sonic
C. Pusuent t Weld enclosure for-urinal/nil Y nobly the diner that he transfer t m empoyment as
3. Femeaft 3. Memp "do
not L•aeay •
pwcy and" driver toilet a suitable, .clean has 72 hours W-
as requeet• a Wive art as
allowt er "doa^ « app tamp°.wit lesities, writing surface;and greater tea f Ant•PNimen. WRY-sensitise drwho will perlo n
4. Supervisor. senate mpeded°Maley- eWemutes,«anise Wire spade for herd wsshing, (Sad the moon emoted winbeenrmseinwrtngd
sensitive Motions if Weld sample. saliva « breath Mica.n P.ctad•,will be Tbtstng at the Dames
E. These lists are County has actual test or who attempts t doe m a staled the testing requiem
any tin to amendment at knowledge that the located so. stall be subject to ealosure. The contractor description of split Yet end will undergo a p►
ate bra. pa rid alcohol n in employee was using disciplinary action. uP to who conducts the testing procedures.)Weld County- employment drug sat
this drug and controlled substances at Weld County will not lire
end including
YminadoM1 Mg etoue tot access m coy his be worms that
an applies.or transfer an
Wang Program is a ate time r awhd duklp usm to the Weld the testing site is restricted an individual has tested
cond on ofempbymNtf« to performance of a pw during testing, that positivenegatve. employee to such a
each d the above4isted aNey-seaitive por or 4CoCede u a•a icro damns
w specific or iup(s) involved Mmw wowrusd
divans. hours prior mreponingm the applicant's or
duly for a covered pesiwn. D. went Cant' we not presentred and let there they be dsck by �kmlewd'ce�l employee's drug test is
Sec.Conduct
Prohibited ammo
dardards to ceonrldmea� aernbance points toovthhde Review Officer.The levels negative. Weld County
Codsst Alt &T xt Drug and al defined In 49 CFR Pan pang site. Furthermore, detected will not be also will make reasonable
AlcoteiTestlng►rOp.hn 382.Subpart D. Testing Wad County ebll ensure disclosed by ow medical efforts to contact each of
A. Alcohol. records RN results will be the the collection site Review OMicer to Weld the applicant's employers
A. Drivers of pedon, released only to the personnel provided by the county. over
od to the previous two-year
the
1. Drivers must ts to safety-sensitive ed fbovewho wpfoyee upon a written contractor have certified
this Policy not and tot perfd showtoo_flinty' request and those qualifications and during Sea 3-1440. Role Nth employee has tested
consume alcohol: w at "di" --w authorized to receive such the collection process Subsbencc Abuse positive for either drugs or
sensitive functions,will be information. - ensure t e digniy aed PramloneL alcohol. Weld County will
A. While performing a subject to testing pursuant envacy of the donor and document this effort clearly
salary-sensitive fuxction, m FIACSA regulations. 6•a}1460. Testlng ter that all collewon •ste •A. All drives wth a and will maintain these
Testing of other C wwchee SUNtancea personnel are twined to verified positive drug tea records for a minimum of
b. Within four hours employees,t and mr prepare the collection site, result or a confirmed five years. The applicant
pnorm peporming asetety- employment and any A. Drug testing W collect specimens. elpenolteerresultd0.04 or must provide a limited
sensitive lurwpon. testing of drivers who tlnverswho pensum sawyer. examine specimen Ion greater. Incedlnp tote monselarovr Weld unty to
perform over a d above sensitive functions is tampering or sample who have been terminated. obtain this intomNon.
C. For aupn eight lour functions ova and above limited to to follnwi Failure to provide this
following an undergo or the requlremeltis of , - ng adulteration- observe will be referred ter consent will disqualify an
-_..eWrYngm: collections,epltapecimend evaluation by a Substance icemiromem mark
post-accident
nt test.
FMCSA regulations will be and properly label and Abuse Professional. If the aPPlor disqualify an incunbe.
whatever ccurs test. performed pursuant Weldo ' marijuana.
erijuaa preserve the chain ol driver's eventual returnto
wledhever occurs first separate aunhmy of custody of the specimens. work is permitted user tit employee's application ON
County. Any testing 2. Cocaine. These steps will be taken policy, the Substance bereft to a Position as a
Z. 0,'srs era procedures utilized by to protect the driverandte Aloe PMessioral shall dinerwhoPMormssatey-
protibeedham possessing Weld County will eonfonn 3. Amphetamines. integrity of the drug testing prescribe a treatment sensitive Motions. If the
alcoholwhi while at day a state requirements.
nts.Fed toprocess. safeguard the program which the driver Oliver frail while Plevio tinted
dmpbyed.
commercial
operatingmolar a amM rpulrwanse. 4. Opiates(eg.,hwin validity of the-Yet results muasuaeaMuy complete Weld revio must verify
l vehicle codeine). and ensure that the test or continue to follow in
unless Ow alcohol is B. Ureter Weld County results are attributed to to order to return to work. that"into competed a
as part
of afepmen. As r to a eMCSN a 5. Phencyclidine proper diner. (Alcohol TMs treaeem program treatment program
as pen d a sdpmem As refusal mks a test will mom,
team will be conducted with may inclum,menial en the reeommentled by the
referred to in this policy.. constitute the drug test or
the use dal non-evidentialto subamnce suesta rice cause
alcohol means the a positive test or an usetr by Professional as obtained
alcohol Met d 0.04 or 8. While sup testing screening devise anion Abuse PMessional m a a veaied negative tea
intoxicating agent in by Weld County normely evidenial breat testing be•bn•. provider- The result.
reasr.Theraors Muse! devices roved Wise and aeverege f tithe ethyl win be limnad m the five approved spactictepaNOeltlss
b iteS to or failure
fo the National Highway alcohol Of other low subetarhaa lieted above, p Y :wow*trtw row*" B. a tea R mil of
ineludila s a.ld rpuredsaN9 alcohol
est Weld County reserves the Traffic S•1•t y by ow substance caw
peso a aut mat P°ware Test Result A
irhdading methyl and • anm.Furmusntma9pdky Admaierralloe. A 49 en part al 4ara1). mum" pre+mNrymem
ieenti alcohol. Alcohol will lead to disciplinary and under irs wn autho' feet Technican 40 CFR b.
•coon,up b ens„tropic, MY. Semarangdrug that shall, be
w means the drinking or __ „ `require drivers to provide --
considered sufficient alcohol misuse. may aamvag the •caeent or pattern to won random Subst anc• Abuse teed positive for Mugs or
ground to disqualify to- perform or cob*. to until he eurnas to en tests will be conducted and Professional indicates that refines to submit to a dric
applicant or incumbent perform safety-sensitive alcohol Int, whMrver all drivers who perform the driver has completed or test must be removed from
employee f r o m functions until en alcohol comes fleet If to driver safety-sensitive functions is following any prescribed performing safety-sensitive
employment with Weld test is administered hes not subtitled to en will have an equal chance veatmeM program. Into functions immediately ona
County in a position as a evidencing•blood SCOW alcohol test within two ol being selectedfortesting return-to-duly evaluation, stets of leave without
driver who performs safety- concentration of less than ho«sof tie accident,Weld from the random pool each the Substance Abuse pay" For to duration of
sensitive functions. All 0.02,or at least 24 Imes County will prepare and time random tests are Professional also shall ate Rase wieioit pay,the
applicants or employees have elapsed following the maintain on file a record conducted. Drivers shall determine the frequency driver cannot utilize any
with a positive result will administration of the stating the reason that the remain in the pool even and duration of follow-up accrued sick or vacation
receive a referral to a reasonable suspicion test test was not administered after being selected and testing after the driver
Substance Abuse A written record of the prompty.Ift ealcool tee tested. Therefore,a driver returns to duty. The leave. Anowo sus positive
Professional. Pursuant to observations leading toe is not administered within may be selected for a Su b stance Abuse driv test l the
Weld County policy. an controlled substance or eight hours after the random test more than Professional may driver to discipline,ng up to
incumbent employee alcohol reasonable accident Weld County will once during a year. recommend eat to driver pnusn to termination,
whose drug teat result is suspicion test shall be cease efforts to administer be subject to a return-ro- pursuant m the Weld
positive will be subject to made and signed by the the test and will maintain B. Drivers will be duty test nor both dogs and County Code.AariMrwho
thesamecoreegwtesas supervisor or' company the samedocumenls. selected anonymously. alcohol even if the tests repofuses to
for dribs g
an employee whose official within 24 hours of using err iderlticaton employee only tested test met submit to a long
rend«N dug test was the observation or before C. The results « e number having no positive nor tie or the teal may not funcrform a
positive. - the test results are breath or blood del forte correlation to actual War. To pass the return- unt until he h s be rowed
released, whichever Is use of alcohol or•urine employee names. The m-0uty test,the result must for he hu tio r byRea
C. Wed County will not earlier. test for the use Of driver must report to Ole be a verified negativedrug evaluationncby a
assign en applicant or controlled substances. agecdon sits immediate* tedresultand/«Malcohal Substance nce Abuse
incumbent employee who C. Under the authority conducted by Federal, alter receiving ntfcadon test result bless than 0.02. Professional,recommended
completed
has refused to take or of Weld County, a driver state or load art a of his or ter selection from any
failed a pre-employment who uderpoesrus«able having Independent the random pool. t-use - B. Consequences a esemaolon/trsamedo
• authority for rile test,shall responsibility education/treatment co tilled
drug test to a position as a removed from will r beny' Medical of Weld positive Test Result Any
driver who perf«ma safety removed service be C0^%�brnest the C°MtY'a Review positive nation-to-0duly tlrvp P/°Pnama for earsrolbd
sensiive-fuvuro.If such requirements of this Officer contractor tosubstance •bush. Mg
an applicant or employee pending the test results on section Stride* such maintain the data base of expense,taken r the driver's test a a reunmSWp drug
later applies for such • leaeaves«madmIft the
SOS Cobweb le drivers whoalcohol
resulty test attlaeriveds negMee
Position,Weld Corny will red with pay." If e,test noor localperform andlto x test with a nut a with a wood negative
rue tiro recur a the Federal, state and p lu the r and m 0.02«fapou tskM Nile ( .Wed COuminate or
empadmlnister another prof Slyer willbe returned pe m requi; the the perform d random ono driver's u expense, will be me right to terminate •
the employee maM drug mat. It work(without loss of pay). result; of testa era selectioneach Wirers to be subject -tie driver to otherwise discipline
the or applicant obtained by Weld County. • testedo testing cycle.
vef or
passes the st, pre- D. ve Test Re of In the manta randomly _disciplinaryid a termon, at to druer or wobn pto submit
emPloymem test well Positive Test Result. D. These testing selected drivers absent end tennsaM, ongaic feet submit
County may. in its sole Pursuant to Weld County reguiremeruwill not delay, from work on the day his pursuant to the wed madMgtee.-
discretion, assign and/Or �ict, n to reasonable necessary Medical teefdactedued,the diner Courtly Ccoe.
hire tie employee or s n d or scowl attention for -injured may b notified etaytme w. Aashoel. A driver
applicant to work in asuspicion Tee 3-1M7T0. FellOwuP who has on alcohol
test rube paved, persons, nor will they during the alsaon an gorceWation of 0.02 or
position as a driver who driver fromwill feemwed prohibit a driver who was if the driver s gone for e,an Tnldny.
performs sNefpserusisve the safety-sensitive performing a eatery-' extended pedadoons,anA. (agrn n- osibut ve than 0.039
functions. position on a status of sensitive function from alternate driver shall be re Drivers utyre°°mjc to lost 1) removed dad
leave without pay, paving to scene of en randomly selected for rMMmduA foil actor mw 1)be removed from
Sec. 3-14.130. Age" to a substance accident to obtain testing, and the originallytes unannounced lollaw-up seN status
tut cave
Reasonable Suspicion Abuse Pr°fessionaland will assuanceinrespondiroto randomly selected driver The Subabnce on a alone of leave
Testing. be subject to discipline.up the accident or to obtain shall be placed beck in the Abusedet Professional l shall without Pay:n until the start
to and including necessary emergency pool and the number « end duration ins ate tregarcy oteduled duly period,eulerfy
A. Drivers who perform termination,punusnttome medical care. Drivers those drivers randomly
end ol the follow- scheaWed to
up testing. A minimum
safety-sensitive functions Weld County Code. For performing safety-sensitive selected in the nextturi of begin not Ids than 24
s
will be required to submato the duration of the leave functions, however, must selection period shall be sit mlbw-uP tests during hours following
to fist 12 montheaftera administration of the
a drug or alcohol test when without pay, the driver remain readily available for increased accordingly. driver returns mduly will llbs of eta test 2)education/treatment
ed
Weld County has a cannot utilize and accrued testing for 32 hours. This
reasonable suspicion that sick or vacation Wave.Ata means the driver must C. In the event a ono, expe peanse.
et The drivers of edueati atment
the driver has used a minimum,the driver shall ensure that Weld County necessary to collect a urine period en testing miprsuse a for alcohol
prohibited drug or misused be subject to the same knows the drivers location specimen from a driver for period still not exceed on miaow and abuse,and 3)
alcohol. Reasonable consequences applied to fore least a32-hour period random testing outside his month holm the driver's sign thes testing on the
suspicion isestablished if a drivers following a positive following an accident or regular work ours, the resting is separatety. Follow-up alcohol form
supervisor trained in random test.If the drivers until postaccideradrtg end driver will be paid for to bating is from shelfnot
acknowledging that 'ha
safety-
detecting the signs of not terminated.the driver alcohol bad have been exietime sae applicable and in addition to the soil pedOrm cam feted.Admerwo is rate. A driver will -a regular random testing sensitive functions or
alcohol misuse and drug shall be subject to the not available for testing will sprogram. Accordingly, operate a motor vehicle
use reasonable concludes, same vet)u i r e m ants subject to random testing drivers subject maow-up during this period.
based on his or her regarding assessment, bs eonsitlered m owe for alcohol Dory while the testing will remain in the
observations,• that the rehabilitation,return-to-duty rehned m submit°bedng drivers
driver has used drugs or and follow-up testing unless his or her Sensitive fu ctions o( w stand%rid random pool and 1. A driver whose
uavailabili i etnbW h wit be tested whenever alcohol test reveals an
misused alcohol... -The applied to drivers test.following - _ y.$.__ .4in Performing
and rinse c,ev up nu a.w4 ui wtater man or
d ate rminati°n that a positive random test. <t eftonla to obtain Performi eatery-Sensitive
reasonable suspicion to assistance in responding to functions. random tesg testa bvices 0.04 or safety-sensitive y not
test exists shall be based Sec. 3-14-140. Post- to accident Or obtaining mnro same beiro day,w ek perform a beens
on specific , A<adele Tamp, necessary emergency D Consequences o m to weak or funrefection seal he hasby
medical are. Drivers will month. Subtnoree Atetion by
contemporaneous. Positive Test Result. Substance Abuse
concerning
o n c ate observations A. Each surviving gdriv« beMaccide t infor ne•y Pursuant to Weld County
c o n c e r n i n the who was performing a port-accident irfortnadon, A. The Substance any recommended
completed
appearance, behavior, safety-sensitive funaon Procedunandinstu:Wife random
a driver whose reAbcommend
endPro that
may any td
pp NY orwomdrueteo test positive be subject ate the driver rnrmMt and passed e
speech or body odors « wile respect to the vehicle Prior to operating a awhoieacohdbN result
the driver. The will betestedlor bothdoge commercial motor vehicle is 0.04 orgreater will be be for m mow-nd p return-to-duty test,witha the
n
assnvations include and alcohol if the accident so they will be able to tasting for both drugs and driver's expense, an
mayimmedier removed from alcohol even f the driver alcohol n concentration of
indications of the chronic imoNed the loss of a comfy with this Policy, his or her safety-sensitive only tested positive for one less than 0.02. Weld
and withdrawal Mects of human life. Additionally, position on a status of or tooter. Therefore.a County retains the right to
controlled substances. each driver will be tested
E. Consequences o leave without pay," driver who is subject to terminate or otherwise
for both drugs and alcohol Positive Test Result. referred to a Substance follow-up drugbats may be discipline a driverwhotests
B. Weld County will who receives a citation Pursuant to Weld County AbusePmlessioneland will
direct a driver to undergo wider state or local law for Policy.if the reedit«eithermorere to take one or positive for 'alcohol or
to subject m cidiiug more with follow-up alcohol refuses to submit to an
reasonable suspicion a moving traffic violation test is Positive,the loner to and including
testing for alcohol only if arising from the accidentt will be removed from his or termination, ursantto is than a result r less alcohol teat
her safe[ sensitiveP toncttof Ilf wetamer is
made ad observations during,
i , are injury
Y- Weld County Code. For aubjactm follow-up be required elcool at th JD Driver's
equ Retesting
du n asst just in an late medical iring leave em a sate , without duration of the leave to take
o nor be at the Mavens Request
preceding or the wor after the immediate mhe leave without page pay, to driver mobernsoweeallow-
penW o work day that treatrnent away form the referred to a Substance cannot utilize any accrued up drug bats with a verified A. U.S.Department of
the driver is required to scene or disabling damage Abuse PraessiM•l and will - sick or vacation leave.
comply with the driver to any motor vehicle that be subject to discipline,up , Furthermore,the driver will a testa. Fwill by pro o ansplit regulations
alcohol testing will the d for a re sample
alcohol use prohibitions. requires towing away to and including be subject to disciplinary conducted only when procedure which requiree
The alcohol test may be services. termination,pursusntto the action,up to and including driver is performing safely- portion of each urine
administered• only just - termination,pursantto th
before,just after or dunWeld County Code. For sensitive functions r just specimen to be retained sealed in
during B. Tests for the use oWeld Courly Code.
the period the driver is to prohibited drugs and the duration of a hose before ajar after the a iner. A separate,
perform a safety-sensitive misuse of alcohol will be without pay, the driver Sec.3-14160 Rattling,- driver performs such urine rmairer.is driver whose
cannot utilize any accrued frictions, test positive may
IUCtion. A driver ordered administered as soon as -sick or vacation leave.At a putt!Tiro- request that the split
to submit to reasonable practicable following an minimum,to driver shag C. Consequences of sample be tasted at a
suspicion testing shall be accident involving a be subject to the same A. A driver who Positive Test Result. An
y M separate laboratory
transported to the commercial motor vehicle. consequences applied to receives a verifre'meth" positive test result for a approved
screening site by a Drug tests must be drug test a,an alcohol PD by ate U.S.
ru
driven following positive subject to follow-up Department of Health and
supervisor or other person pertained within 32 boon random drug or alcohol test result of 0.01 or testing (Including the Human Services. U. S.
designated by the following an accident. If test If the driver la not greater,or who refuses to .positive resist°I•sanity- Department of
supervisor. A reasonable the drug test is notgted,thehag submit to any rt or who
suspicion test for alcohol administered within 32 etam minimum, dr be
oto
improperly uses alcohol random,nditive job trembler. ' Transportation regulations
mist be performed within hours, Wald County will acting s oed subject dm while on duty or after an reasonable rech a tle driver make
testing applied m drivers suspicion,post-accident or such a request within 72
eight hours following a .aeu efforts to test for
accident (before post bouts of learning of a
following a positive random alter bat),"won the test
determination that drugs and will prepare and accident testing is •
reasonable suspicion to maintain on file a record tos' being dkenat the drivers
usPcompete),may not return the verified event a driver i test pit
test exists, if a reasonableexpense, will subject the make a fails to
stating the reasons promptly Tee 3-14.150. Random reed«uMrlNeuationiby a uriverodian is ludon,
suspicion test is not was not promptly Tasting eferred for evaluation bye up to and including driver must
request the
performed within two hours administered.Alcohol tests Substance Abuse termirallon pursantm thepresent
aftersu°h a determination, should bperformed withinA. Professional who information evimae Officer
Weld County will prepare two hours following an be Random tonne will determines that the driver Wed County Cede. Review O f 1 i c e r
and maintain a recordPerforming
earoran drivers documenting that serious
stating as reasons the test later d than ieight instance Performing WW1 a naive par Mm` M�tmend Be,. 3-14.160. illness, ro
was not promptly hours functions at a rate by the quenc ea for injury, inability to
P P y following an accident K Substance Abuse Comae eonts r, Medical Review
established by law.
administered. No driver driver subject to post- Professional and Alcohong in Drug and Officer, lack of
Random De 'a passes' AIcohN-0Nated Codu:tactual
suspected of alcohol accident testing must um end spread a return-to-duty test. A notice of the verified
misuse,as shown by the refrain from consuming try throughout the ream-t°-°uty teat may be Paltira result or other
behavioral, speech or alcohol for eight ho ear. Tenn wile be no Performed after the A. C°n t r o e d circumstances unavoidably
performance indicators of . , Substances. A driver coo prevented the driver horn
eta agellnating"e l Ewear KS ' This YOMp wN
ssrss a t_feast 00
of
tPP Bees that
tern is c"-wtDuto for alcohol
araebate tat there e a aerenws*Warm as at
Mama explanation for debt to moss fee drag
the drivers failure to - avidness*Waroy
mfYctlhe Medical Review
Mice within 72 hours.the Sea }1a-M9. Rican
Medical Rosin Officer NaFtnd Wetdcm*will
shall initiate a test of the "oddly adhere to so
split specimen.) Mende n*a caOantiMnr
S. Filmset to Weld end assure MI employees
Coaty Pah'. aN leueal tllel teddy release dad
mletoss isoilzed. by
apaoie et with split m Ueee es to a- y
sample temro AC ape 1#IC&1 ntsD b native
resunless the ltYre t thedrhret soddoonr idi AN drub
aawtMrMJta*reW. will
be maeatirmreIn
a
alarilgfen* hag ortilin l the sec re Rennet
s•teta
rssl of the ongirrl Oak cisclo .rnanw to wN
including end
ceeb d drdgaa.a pals d15
"Sigel aad heck em authorized occur. rivacy MIMS
*PORI to Me ceps rote a Privacy MI MS
Rosa to
Weald«Mildly Rig M.
CONS Wellaeelae thte. "isms.
epll esalpal Weald m a NOTICE OF paIlt
essly"elannr il. Ms .
erepalpM ewrat PiL ... .:.
re fiber wN T1.WeMCwaea'SebM$.
SOS the cat a the AapalhnPra wE
IMAM process to tlr
COS.If result
the ret the pilau°. Aasrtfall ea
aiisi temps : is ThdWlyApw0Ip.a
rN/raaa'tlrss romps wit 3a0am.fatlrpaWr10.261
cornbaorli
4WeeaWeed y the Ceaay- vailan i 1 enaw acting
,Mar mews pliarpe-b-Moe acting
Fr apt ample test is Inch owning on Vie
nespea to darerwill b• patpbenpoatwMlDpie
minalet with no loss a Usk Shad( me the
seniority and paid for lost DrOperd assawad below.
back wages. °A The *guest
my create a Rates
Sae. a-14-200. P10Ppd fight Pima*to
Netificatlen of Coloadotaw.
Commlbna waist to CASE RAMER BOA.
the requirementsd the 1017
DrrO`Fvss Worlpalce Ad, APPLICANT:Male&JON
ss yst
employe, Wives P L
mat racy Weld Cony. . PLANNER: Laic•
crim• �neI ve Orr�g htue[a DE
LEGAL DESCRIPTIaN:Lot
conviction fora violation 10.Seek 1,Idaho Crass
ocalxflro in Ms"denied. Subdivision: Station 10,
T2N,AMMO the rtth P.M..
See. i1a-210. Comas Weld County,Colorado.
Person. FMCSA ' REANDINTENSITY CP
regulations require that a PRDPOBEDl1SE:Rebusst
single contact persona for a valencem Mow•
Identifies to answer rare inch&a ens on the
*uesbonaabotaaa potty. borbet outlaw .
Far the plepaas-a thee LOC TiON:.-
pdx.'/,the contact person LOCATION:YOM6'Bra
will be War Cony's Via'
The polo v be
Designatedsa Employer held in Room st.210 Weld
Reprssetative. the Drug la
and Alcohol Testing County Planning
Pgre,AdreaaWamr rt. Department 1555 N.17th
ARwWCatt*Personne Comments or .Cdaaeo.
Od_,,,_,arlt 915 10M metedd net and°aaboce
Step,Om*, Colorado re m the above
S0Sy71. .who may be request u ing be
submitted in err wt to the
tof
▪ .e*,t opies of Wad CeatypepaMead
Ed. a22t. Cope d 17 h Ave ue, 1555 N.
Rost lable at the Colorado th Avenue, ,beore
aw avaeaWe at the the e0a2t,aloe
HraereM CapM*nerlt pre ted at day or
S ea 3-fl-I ► Elects of memo p i pg. _
heanro anA spoliation 7bgi
Alcohol.PARgem AMCSA Copbadae Mr--
wblwl dr nlfd a OW the available is tho
*Ow sly alcohol a inspection is mood
discuses includeheff a pandits a P. 1*
discussion uses effects of Avenue,venues. 1Greel y K rs
alcohol Misuse. That aptmean 0 em
enattach*contained lists of IMy Posse3 cat Dom
the attached 'Effects w of My 5 19 o s s im
Alcohol Fact Sheet-which Eat 3540,or r to p Milo)
appeared as pan d the of etim nanorb 0 sty
1rrpIortig an Bli Alcohol
d tls tleernp ad 1l•
Regulations
Drub ON Alcehel r c a a o na e l e
Tn t is in Mby ssen accommodations then M
Federal made Transit per Americans with
Wag Adteiriand
So ayes of DeciassAm, areqrsin
8aaale ara Secady. o to
nts
order m participateain of a
Edo 344430.lied Eiefane a manna . a sawn a
PNICConl Are Substances.reset JoephR
Viet writ**
Weld Rados,Chen
Viet wpu drug and. Weld Caiy Board of
e re. on dr c0eins 9 published
tissaMen amal0iawd Wed Su in h2. south
Te-- , eeRIKR the. W..Bun Mesa 7*,2003.
TOR 1d1ain controlled
onvol d ........_..
careens in crnpellad --
e wewnce Fad Sleet
avWaWe et the. Weld
County Personnel
Department which
appeared ss pan-of the
lmplerers,Oiidelines
for Drug' and Alcohol
Regulations in Mass
Taanit'SRO by per FTA
Griot of 'Oafay one
tiecurdy,
Sam 3-14-240. Ewxeten
aallorlblil"fiMng
respowhen to----administer
when 'to---administer
resswlable sagaplon Yeb
VON Maxus Vitale on the
WELD COUNTY
CODE ORDINANCE 2003-3
IN THE MATTER OF ENACTING CHAPTER 3, ARTICLE 13, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent
nature enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirement therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Chapter 3, Personnel, of the Weld County Code be,
and hereby is, repealed and re-enacted, with the addition of Article XIII, Drug Use and Alcohol
Misuse, to read as follows.
CHAPTER 3
PERSONNEL
Add Article XIII, Implementation of the Federal Transit Administration Regulations on
Drug Use And Alcohol Misuse, to read as follows.
Sec. 3-13-10. Overview.
A. Weld County's Policy Implementing the Federal Transit Administration Regulations on
Drug Use and Alcohol Misuse is designed to enhance productivity and safety and to
foster excellence by maintaining a safe and productive environment for employees.
Weld County maintains a strong commitment to a drug-free and an alcohol-free work
environment and has adopted this policy to provide guidance to supervisors and
employees in dealing with drug use and alcohol misuse. This policy is applicable only to
Weld County employees subject to Federal Transit Administration regulations on drug
use and alcohol misuse. Such regulations are found in Parts 40 and 655, Title 49 of the
Code of Federal Regulations, as amended, and are referred to herein and in the
appendix hereto as the "FTA regulations." This policy will be kept current with the latest
FTA regulations. Weld County reserves the right to conduct drug and/or alcohol
tests of applicants for employment and current employees in accordance with the
provisions of any other state and/or federal law. This policy first became effective by
resolution of the Board of County Commissioners of Weld County, dated September 11,
1996.
B. To further our commitment to providing a safe, drug-free and alcohol-free environment,
Weld County has adopted the following programs and procedures.
1. An employee and supervisor education and training program regarding drug and
alcohol misuse and abuse.
2. A drug and alcohol testing program for employees and applicants for
employment in safety-sensitive positions.
3. A program for evaluating employees who violate the drug use and alcohol
misuse policy.
4. Administrative procedures for record keeping, reporting, releasing information,
and certifying compliance with the FTA regulations.
C. Weld County is dedicated to assuring the fair and equitable application of this policy. All
supervisors and managers are required to use and apply all aspects of this policy in an
unbiased and impartial manner and any supervisor or manager who knowingly
disregards the requirements of this policy, or who is found to be deliberately misusing
the policy in regard to subordinates, shall be subject to disciplinary action, up to and
including termination, pursuant to the Weld County Code.
D. Throughout this Article 13, policy not mandated by FTA regulations is set forth in bold
type.
Sec. 3-13-20. Employee Categories Subject to Testing.
A. Under FTA regulations, all employees who perform safety-sensitive functions and all
applicants for, and incumbent employees seeking transfer to, safety-sensitive positions
are included in this drug and alcohol testing program. Participation in this drug and
alcohol testing program is a condition of employment for each safety-sensitive
employee.
B. The Federal Transit Administration defines the term "safety sensitive" to apply to all
employees in a position to perform the following functions.
1. Operate revenue service vehicles, whether or not the vehicle is in revenue
service.
2. Operate non-revenue service vehicles that require drivers to hold a Commercial
Drivers License ("CHAIR LONG").
3. Control dispatch or movement of service vehicles.
4. Maintain (including repairs, overhaul and rebuilding) revenue service vehicles or
equipment used in revenue service.
5. Carry a firearm for security purposes.
6. Perform as volunteers who drive vehicles which require having a CHAIR LONG
and/or perform safety-sensitive functions and receive remuneration in excess of
actual expenses.
C. The following positions at the Weld County Department of Human Services and Fleet
Maintenance have been determined by Weld County to meet the Federal Transit
Administration definition:
1. All mini-bus drivers.
2. All maintenance personnel.
3. All dispatchers.
D. This list is subject to amendment at any time. Weld County has reviewed duties
performed by all employees to determine safety-sensitive positions in accordance with
the above definition and all new job classifications will be analyzed for safety-sensitive
duties. Supervisors who perform, or who are likely to perform safety-sensitive functions,
are also considered safety-sensitive employees and will be included in the drug and
alcohol testing program applicable to all safety-sensitive employees.
Sec. 3-13-30. Prohibited Conduct.
A. Alcohol.
1. Employees who perform safety-sensitive functions must not consume alcohol as
follows:
a. During specified on-call hours. (An on-call employee will be allowed to
acknowledge, at the time he is called to duty, that he has used alcohol
and to indicate whether he believes he is capable of performing the
safety-sensitive function. If the employee believes that he is not capable
of performing his safety-sensitive function, he shall be excused from
doing so. If, however, the employee believes he is capable of performing
a safety-sensitive function, the employee will undergo an alcohol test and
will be permitted to perform a safety-sensitive function if the alcohol
concentration level measures less than 0.02. If the employees's alcohol
concentration measures greater than 0.02, but less than 0.04, the
employee will be allowed to perform a safety-sensitive function only if he
is retested and his alcohol concentration measures less than 0.02. If the
employee is not retested, he must wait a minimum of eight hours before
performing a safety-sensitive function.)
b. While performing a safety-sensitive function.
c. Within four hours prior to performing a safety-sensitive function.
d. For up to eight hours following an accident, or until the employee
undergoes a post-accident test, whichever occurs first.
2. Employees who perform safety-sensitive functions are prohibited from reporting
for duty or remaining on duty while having an alcohol concentration of 0.02 or
greater. As referred to in this policy, alcohol means the intoxicating agent in
beverage alcohol, ethyl alcohol or other low molecular weight alcohols including
methyl or isopropyl alcohol. FTA regulations currently prohibit a covered
employee from reporting for duty or remaining on duty requiring the performance
of safety-sensitive functions while having an alcohol concentration of 0.04 or
greater. (An employee found to have an alcohol concentration greater than 0.02
but less than 0.04 may not perform any safety-sensitive function until the
employee's alcohol concentration measures less than 0.02 or until the start of
the employee's next regularly scheduled duty period to begin a minimum of eight
hours following administration of the test.)
B. Controlled Substances.
1. Employees who perform a safety-sensitive function are strictly prohibited from
using or ingesting prohibited drugs at any time, except when the use is pursuant
to the instruction of a physician who has advised the employee that the
substance does not affect the employee's ability to safely perform his or her job.
Any employees taking such a substance at a physician's instruction must
inform Weld County of such drug use. Weld County retains the right to
verify the use with the employee's physician. Manufacturing, distributing,
dispensing, possessing or using controlled substances in the work place is
prohibited, pursuant to the Drug-Free Workplace Act. Pursuant to Weld
County policy, any employee who manufactures, distributes, dispenses,
processes, sells, attempts to sell, or arranges to sell a controlled
substance to any other person, whether on or off Weld County property,
whether on or off duty, shall be subject to discipline up to and including
discharge.
2. As referred to in this policy, a controlled substance or prohibited drug means
marijuana, cocaine, opiates, amphetamines or phencyclidine. FTA regulations
currently prohibit the performance of safety-sensitive functions when a prohibited
level of any of five specified drugs is detectable in the employee's urine.
Sec. 3-13-40. Drug and Alcohol Testing Program.
A. Safety-sensitive employees will be subject to testing pursuant to FTA regulations.
B. Testing of non-safety-sensitive employees, applicants for non-safety-sensitive
positions, and any testing of safety-sensitive employees over and above the
requirements of FTA regulations will be performed pursuant to separate authority
of Weld County. Any testing procedures utilized by Weld County will conform
with applicable federal and state requirements.
C. Under Weld County policy, a refusal to take a test will constitute the equivalent of
a positive drug test or an alcohol test of 0.04 or greater. Therefore, refusal by an
employee to submit to required testing or failure to pass a drug or alcohol test
will lead to disciplinary action, up to and including termination, pursuant to the
Weld County Code. Any employee who refuses to submit to a required drug or alcohol
test will not be permitted to continue to perform safety-sensitive functions. Refusal to
take a test includes, but is not limited to, any of the following:
1. Outright refusal to submit to a test.
2. Failure to provide sufficient quantities of saliva, breath or urine to be tested
without a valid medical explanation.
3. Engaging in conduct that clearly obstructs the testing process (including, but not
limited to, refusing to sign the drug testing chain of custody form or to sign "Step
#2" on the alcohol testing form, failing to remain at the testing site until the
testing process is complete, or failing to permit the observation or monitoring of
the provision of a specimen when directed to do so).
4. Tampering with or attempting to adulterate the specimen or collection procedure.
5. Failing to appear for any test within a reasonable time after being directed to do
so.
6. Failing or declining to take a second test after being directed to do so.
7. Failing to undergo a medical examination or evaluation as directed by the
Medical Review Officer as part of the verification process, or as directed by the
Designated Employer Representative for Weld County.
8. Leaving the scene of an accident without a valid reason before tests are
conducted without notifying Weld County of where the employee can be reached
for testing.
D. Pursuant to Weld County policy, any employee who tampers with, falsifies,
substitutes, or alters a urine sample, saliva or breath test, or who attempts to do
so, shall be subject to discipline up to and including discharge.
E. Weld County will adhere to all required standards of confidentiality. Testing records and
results will be released only to those authorized to receive such information. Safety-
sensitive employees are entitled, upon written request, to obtain copies of their drug and
alcohol testing records, to provide information to dispute the results, and to have access
to any pertinent records such as equipment calibration records and laboratory
certifications.
Sec. 3-13-50. Testing for Controlled Substances.
A. Drug testing of safety-sensitive employees authorized by FTA regulations is limited to
the following substances.
Drug Name -Metabolite Screening Cut-Off Confirmation Cut-Off
Marijuana - Delta 9 THC 50 NG/ml 15 NG/ml
Cocaine - Benzoyl ecgonine 300 NG/ml 150 NG/ml
Amphetamines 1000 NG/ml 500 NG/ml
Opiates Morphine/Codeine 2000 NG/ml 2000 NG/ml
PCP - Phencyclidine 25 NG/ml 25 NG/ml
B. While drug testing by Weld County normally will be limited to the five substances
listed above, Weld County reserves the right, pursuant to its policy and its own
authority, to require employees to provide separate specimens for testing for
other controlled substances, as permitted by law. Weld County reserves the
right, pursuant to its policy and its own authority, as permitted by law, to perform
drug tests of applicants or non-safety-sensitive employees using the same
procedures Federal Transit Administration requires for testing safety-sensitive
employees.
C. Any employee who tests positive for opiates who neither admits to an unauthorized use
of an opiate nor can provide a valid medical explanation or prescription for the opiate
present in his or her urine sample shall be required to undergo a physical examination
with a physician (M.D.) The purpose of the exam is to determine if the donor is
exhibiting any physical signs of any opiate use, abuse or withdrawal that would provide
the required clinical evidence necessary for the Medical Review Officer to report the test
as a positive test result. If no clinical evidence is detected, then the result is verified
negative by the Medical Review Officer and reported to Weld County as a negative test
result. The employee shall be required to pay for any such exam by the physician
(M.D.)
Sec. 3-13-60. Testing for Alcohol.
A. Alcohol testing of safety-sensitive employees will be performed pursuant to FTA
regulations. Weld County reserves the right, pursuant to its policy and under its
own authority, as permitted by law, to perform alcohol tests of non-safety-
sensitive employees using the same procedures Federal Transit Administration
requires for testing safety-sensitive employees.
Sec. 3-13-70. Testing Procedures.
A. Weld County will select an appropriate site for the administration of drug and alcohol
tests which meets the requirements specified by the U.S. Department of Transportation.
Pursuant to Weld County policy, drug and alcohol testing will be conducted off
Weld County premises. Normally, administration of alcohol tests will be
performed concurrently with urine collections. Weld County reserves the right,
however, to administer alcohol tests separately from urine collections and to
administer alcohol tests and/or urine collections on Weld County premises.
B. All testing for the presence of illegal drugs or alcohol misuse will protect the employee
and the integrity of the drug testing process, safeguard the validity of the test results and
ensure that the test results are attributed to the correct employee. This will be
accomplished by conducting all drug and alcohol testing in accordance with the
procedures set forth in 49 CFR Parts 40 and 655, as amended. The integrity of the drug
testing process is ensured through the use of a picture identification of the employee, a
Federal Drug Custody and Control Form with unique specimen identification number
completed by a trained collection site person who ensures that such Custody and
Control Form is completed correctly and signed and certified by the donor, and the
collection of split sample specimens that are sealed and initialed by the donor. The
integrity of the alcohol testing process is ensured by the use of picture identification of
the employee and of an approved evidence breath testing device that displays and
prints unique sequential numbers and is capable of producing three copies of the test
result. The test is administered by a certified Breath Alcohol Technician. The Breath
Alcohol Technician completes a Federal Breath Alcohol Testing form and ensures that it
is signed by the donor.
C. The name, address and telephone number of the U.S. Department of Health and
Human Services Certified Laboratory being used by Weld County for the implementation
of this Policy is listed in the attached Appendix 3-A to this Chapter.
Sec. 3-13-80. Role of the Medical Review Officer.
A. All drug test results will be reviewed first by a specially trained physician serving as
Medical Review Officer. The Medical Review Officer will notify Weld County directly if
an employee's drug test result is verified negative. If the drug test result is verified
positive, the Medical Review Officer will contact the employee to discuss the test, to
determine if the positive result is valid and to notify the employee that he has 72 hours
to request a test of the split specimen. (See the section entitled "Retesting at the
Employee's Request"for a detailed description of split test procedures. Upon a request
by the employee that a split specimen test occur, the Medical Review Officer is required
to request, in writing, that the laboratory provide the split specimen to another U.S.
Department of Health and Human Services certified laboratory for analysis.)
B. Weld County will only be informed that an individual has tested positive or negative.
The specific drug(s) involved may be disclosed to Weld County by the Medical Review
Officer. The levels detected will not be disclosed by the Medical Review Officer to Weld
County. The name, address, and telephone number of the Medical Review Officer
being used by Weld County are listed in Appendix 3-A to this Chapter.
Sec. 3-13-90. Role of the Substance Abuse Professional.
A. All safety-sensitive employees with a verified positive drug test result or a confirmed
alcohol test result of 0.04 or greater, including those who have been terminated, and
applicants for safety-sensitive positions with positive pre-employment drug tests shall be
referred for evaluation by a Substance Abuse Professional. Such referral shall consist
of providing the employee with a listing of Substance Abuse Professional's readily
available, including their addresses and telephone numbers. If the employee's eventual
return to duty is permitted under this policy, the Substance Abuse Professional shall
prescribe a written education and/or treatment program (with a copy forwarded to Weld
County)which the employee must successfully complete or continue to follow in order to
return to work. This education and/or treatment program may include referral of the
employee by the Substance Abuse Professional to a education and/or treatment
provider that IS NOT a part of the Substance Abuse Professional's private practice or to
a person or organization from which the Substance Abuse Professional receives
remuneration or has a financial interest. Neither the employee, nor Weld County, may
seek a second Substance Abuse Professional's evaluation if the employee has already
been evaluated by a qualified Substance Abuse Professional.
B. Safety-sensitive employees permitted to return to work following a positive test will be
referred for re-evaluation by the Substance Abuse Professional to determine whether
the employee has complied with the Substance Abuse Professional's recommendations.
After that evaluation and the successful completion of a return-to-duty test, the
Substance Abuse Professional shall recommend in writing to Weld County the number
and frequency of follow-up alcohol and/or drug tests to be administered following the
employee's return to duty. The follow-up testing shall consist of at least six tests in the
first twelve months following the employee's return to duty. The Substance Abuse
Professional shall recommend whether the employee should be subject to both drug
and alcohol follow-up tests. The name, address, and telephone number of the
Substance Abuse Professional being used by Weld County are listed in Appendix 3-A to
this Chapter.
C. The Substance Abuse Professional providing services must be a licensed physician
(Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social
worker, employee assistance professional, or addiction counselor (certified by the
NAADAC or the ICRC) and has knowledge of, and clinical experience in, the diagnosis
and treatment of drug and alcohol disorder. The Substance Abuse Professional must
follow the procedures as set forth in 49 CFR Part 40.
D. Pursuant to Weld County policy, all costs of Substance Abuse Professional
evaluations and services must be paid by the employee.
Sec. 3-13-100. Employee Assistance Program. Weld County will assist employees who
test positive by providing information about treatment provider and programs to help the
employees resolve their problems with drugs or alcohol.
Sec. 3-13-110. Types of Testing.
A. Weld County will perform the following types of drug and alcohol testing.
1. Pre-Employment Testing.
2. Reasonable Suspicion Testing.
3. Post-Accident Testing.
4. Random Testing.
5. Return-to-Duty Testing.
6. Follow-Up Testing.
Sec. 3-13-120. Pre-Employment Testing.
A. All applicants for employment in, and incumbent employees seeking transfer to, safety-
sensitive positions will be informed in writing of the federally-mandated testing
requirements and will undergo a pre-employment drug test. Weld County will not hire
an applicant for, or transfer an employee to, a safety-sensitive position unless the result
of the applicant's or employee's drug test is negative. If the drug test is canceled, the
applicant for employment must retake and pass a drug test before performing safety-
sensitive duties. If a safety-sensitive employee has been off work for more than ninety
(90) days and has not remained in the random pool, he or she must pass a pre-
employment drug test before returning to safety-sensitive duties.
B. Consequences of Positive Test Result. A positive pre-employment drug test shall be
considered sufficient grounds to disqualify the applicant or incumbent employee from
employment with Weld County in a safety-sensitive position. Pursuant to Weld County
policy, an incumbent employee whose drug test result is positive will be subject
to the same consequences as an employee whose random drug test was positive.
An applicant whose drug test is positive shall be referred for evaluation by a
Substance Abuse Professional. Any treatment program prescribed by the
Substance Abuse Professional shall be paid for by the applicant and must be
completed to the satisfaction of the Substance Abuse Professional in order for
the applicant to be eligible for reconsideration upon passing a second pre-
employment test. If otherwise qualified, an individual with permanent or long term
disabilities that directly render him or her unable to provide an adequate urine specimen
will be able to perform safety-sensitive duties despite their inability to provide urine
during a pre-employment drug test. The Medical Review Officer will determine long
term inability to provide urine by medical examination and consultation with the
employee's physician.
C. Weld County will not assign an applicant or incumbent employee who has refused to
take or failed a pre-employment drug test to a safety-sensitive position. If such an
applicant or employee later applies for a safety-sensitive position, Weld County will
administer another pre-employment drug test. If the employee or applicant passes
the second pre-employment test, Weld County may, in its sole discretion, assign
and/or hire the employee or applicant to work in a safety-sensitive position.
Sec. 3-13-130. Reasonable Suspicion Testing.
A. Employees who perform safety-sensitive functions will be required to submit to a drug or
alcohol test when Weld County has a reasonable suspicion that the employee has used
a prohibited drug or misused alcohol. Reasonable suspicion is established if a
supervisor trained in the facts, circumstances, physical evidence, physical signs and
symptoms, or patterns of performance and/or behavior that are associated with alcohol
misuse and drug use reasonably concludes, based on his or her observations, that the
employee has used drugs or misused alcohol. The determination, pursuant to the Weld
County Code, that reasonable suspicion exists shall be based on specific,
contemporaneous, articulable observations concerning the appearance, behavior,
speech or body odors of the employee. Any supervisor making such observations must
document them.
B. Weld County will direct an employee to undergo reasonable suspicion testing for alcohol
only if such observations are made during,just preceding, or just after the period of the
work day that the employee is required to comply with the employee alcohol use
prohibitions. Any supervisor making the decision to require a reasonable suspicion test
cannot act as the Screening Test Technician or Breath Alcohol Technician for that test.
The alcohol test may be administered only just before,just after, or during the period the
employee is to perform a safety-sensitive function. Additionally, a reasonable
suspicion test for alcohol must be performed within eight hours following a
determination, pursuant to the Weld County Code, that reasonable suspicion to
test exists. If a reasonable suspicion test is not performed within two hours after
such a determination, pursuant to the Weld County Code, Weld County will
prepare and maintain a record stating the reasons the test was not promptly
administered. No employee suspected of alcohol misuse, as shown by the behavioral,
speech or performance indicators of alcohol misuse, may perform or continue to
perform safety-sensitive functions until an alcohol test is administered evidencing a
blood alcohol concentration of less than 0.02.
C. An employee who undergoes reasonable suspicion testing will be immediately
removed from service pending the test results on a status of"administrative leave
with pay." The employee shall be escorted to the testing site by his or her
supervisor or another Weld County representative. If the test results are negative,
the employee will be returned to work and paid for any time lost.
D. Consequences of Positive Test Result. Pursuant to Weld County policy, if the
reasonable suspicion drug or alcohol test result is positive, the employee will be
removed from the safety-sensitive position on a status of"leave without pay" and
will be subject to discipline, up to and including termination, pursuant to the Weld
County Code, as determined by Weld County. For the duration of the leave
without pay, the employee cannot utilize any accrued sick or vacation leave. At a
minimum, the employee shall be subject to the same consequences applied to
employees following a positive random test. If the employee is not terminated, the
employee shall be subject to the same requirements regarding assessment,
rehabilitation, return-to-duty and follow-up testing applied to employees following a
positive random test.
Sec. 3-13-140. Post-Accident Testing.
A. Tests for the use of prohibited drugs and misuse of alcohol will be administered after
certain mass transit accidents. (Pursuant to FTA regulations, and for purposes of this
policy only, an "accident" is defined as an occurrence associated with the operation of a
vehicle in which: (1) an individual dies; (2) an individual suffers bodily injury and
immediately receives medical treatment away from the scene of an accident; (3) the
mass transit vehicle involved is a bus, electric bus, van or automobile in which one or
more vehicles incurs disabling damage as a result of the occurrence and is transported
away from the scene by a tow truck or other vehicle ("disabling damage" is damage
which precludes the departure of any vehicle from the scene of the occurrence in its
usual manner in daylight after simple repairs); or (4) the mass transit vehicle involved is
a rail car, trolley car, trolley bus, or vessel and is removed from revenue service.) Post-
accident testing requirements differ depending on whether the accident question
involved loss of life. The decision-making process of why the accident does or does not
fall under Federal Transit Administration post-accident drug and alcohol testing criteria
must be documented.
B. Testing After Fatal Accidents. Each surviving employee operating the mass transit
vehicle at the time of the accident must be tested. Additionally, safety-sensitive
employees whose performance could have contributed to the accident must be tested.
This includes, for example, maintenance personnel, dispatchers, and controllers. The
decision regarding whether an employee's performance could have contributed to the
accident will be made in the sole discretion of Weld County using the best information
available at the time of the decision.
C. Testing After Non-Fatal Accidents. Each employee operating the mass transit vehicle at
the time of the accident must be tested unless Weld County determines, using the best
information available at the time of the decision, that the employee's performance can
be completely discounted as a contributing factor to the accident. Any other employee
performing a safety-sensitive function whose performance could have contributed to the
accident shall be tested. The decision regarding whether an employee's
performance could have contributed to the accident will be made in the sole
discretion of Weld County using the best information available at the time of the
decision. Such decision must be documented in detail. If an employee can be
immediately discounted as contributing to the accident, based upon the best information
available at the time of the decision, as a contributing factor in a non-fatal accident, the
employee does not have to be tested, but the County must document the reasons why
the employee was discounted.
D. Employees and supervisors should follow the following steps in a post-accident
situation.
1. Treat injuries first.
2 Cooperate with local law enforcement officers.
3. Explain to employees the need for testing.
4. Conduct tests promptly.
5. Collect accident documentation promptly.
E. When post-accident tests are performed, they will be conducted as soon as possible
following the accident. Drug tests must be performed within 32 hours and alcohol tests
within eight hours following an accident. An employee subject to post-accident testing
must refrain from consuming alcohol for eight hours following the accident or until he
submits to an alcohol test, whichever comes first. If the employee has not submitted to
an alcohol test within two hours of the accident, Weld County will prepare and maintain
on file a record stating the reason that the test was not administered promptly, but will
continue to attempt to alcohol test up to eight hours after the accident. If the alcohol
test is not administered within eight hours after the accident, Weld County will cease
efforts to administer the test and will maintain the same documents. If the drug test is
not administered within 32 hours, Weld County will cease efforts to test for drugs and
will prepare and maintain the same type of record.
F. These testing requirements will not delay necessary medical attention for injured
persons, nor will they prohibit an employee who was performing a safety-sensitive
function from leaving the scene of an accident to obtain assistance in responding to the
accident or to obtain necessary emergency medical care. Employees performing a
safety-sensitive function, however, must remain readily available for testing for 32 hours.
This means the employee must ensure that Weld County knows the employee's location
for at least a 32-hour period following an accident or until post-accident drug and alcohol
tests have been completed. An employee who is not available for testing will be
considered to have refused to submit to testing unless his or her unavailability is
attributable to efforts to obtain assistance in responding to the accident or obtaining
necessary emergency medical care. Employees will be provided with necessary post-
accident information, procedures, and instructions prior to operating a commercial motor
vehicle so they will be able to comply with the federal regulations.
G. The results of a blood, urine, or breath test conducted by Federal, State, or local officials
shall be considered to meet the requirements of this section, provided such test
conforms to the applicable Federal, State, or local testing requirements, and that the
test results are obtained by Weld County.
H. Consequences of Positive Test Result. Pursuant to Weld County policy, if the result
of either test is positive, the employee will be removed from his or her safety-
sensitive position on a status of"leave without pay" and will be subject to
discipline, up to and including termination, pursuant to the Weld County Code as
determined by Weld County. For the duration of the leave without pay, the
employee cannot utilize any accrued sick or vacation leave. At a minimum, the
employee shall be subject to the same consequences applied to employees following a
positive random drug or alcohol test. If the employee is not terminated, the employee
shall, at a minimum, be subject to the same requirements regarding assessment,
rehabilitation, return-to-duty and follow-up testing applied to employees following a
positive random test.
Sec. 3-13-150. Random Testing.
A. Random testing for drugs and alcohol will be conducted for all employees performing
safety-sensitive functions at a rate established by law. Random tests will be
unannounced, spread reasonably throughout the year beginning in January, and may be
conducted on all days and hours during which transit service is in operation. There will
be no pattern to when random tests will be conducted and all employees performing
safety-sensitive functions will have an equal chance of being selected for testing from
the random pool each time random tests are conducted. Employees shall remain in the
pool even after being selected and tested. Therefore, an employee may be selected for
a random test more than once during a year.
B. Employees will be selected anonymously using an identification number having no
correlation to actual employee names. The random selection method used shall be a
scientifically valid method, such as a random number table or a computer-based random
number generator that is mapped to the safety-sensitive employee's social security
number. (The current requirement of random testing is to annually complete tests
equivalent to 50% of the number of covered employees for drug testing and 10% of the
number of covered employees for alcohol testing.) The selection process will guarantee
that each covered employee will have an equal chance of being tested each time
selections are made. There is no discretion on the part of management or operations in
the selection and notification of particular employees for testing. Random testing must
annually complete tests equivalent to 50% of the number of covered employees for drug
testing and 25% of the number of covered employees for alcohol testing, which rates
are subject to annual review and adjustment. The employee must report to the
collection site immediately after receiving notification of his or her selection from the
random pool. It is the responsibility of Weld County's Medical Review Officer contractor
to maintain the data base of safety-sensitive employees and to perform the random
selection of employees to be tested each testing cycle. In the event a randomly
selected employee is absent from work on the day his or her test is scheduled, the
employee will be tested immediately upon his or her return to work, as practicable,
unless the employee fails to return to work before the next randomly selected testing
date.
C. In the event it is necessary to collect a urine specimen from an employee for random
testing outside his or her regular work hours, the employee will be paid for the extra time
at the applicable overtime rate. A safety-sensitive employee will be subject to random
testing for alcohol only while the employee is performing safety-sensitive functions or
just before or just after performing safety-sensitive functions.
D. Consequences of Positive Test Result. Pursuant to Weld County policy, an
employee whose random drug test is positive or whose alcohol test result is 0.04
or greater will be removed from his or her safety-sensitive position on a status of
"leave without pay" and will be subject to discipline, up to and including
termination, pursuant to the Weld County Code. For the duration of the leave
without pay, the employee cannot utilize any accrued sick or vacation leave.
Furthermore, the driver will be subject to disciplinary action, up to and including
termination, pursuant to the Weld County Code.
Sec. 3-13-160. Return-to-Duty Testing.
A. An employee who receives a verified positive drug test result, an alcohol test result of
0.04 or greater, or who refuses to submit to any test, or who improperly uses alcohol
while on duty or after an accident (before post accident testing is complete), may not
return to work to perform a safety-sensitive function until the employee is: 1) referred for
evaluation by a Substance Abuse Professional who determines that the employee has
followed any treatment program prescribed by the Substance Abuse Professional, and
2) passes a return-to-duty test. A return-to-duty test may be performed after the
Substance Abuse Professional indicates that the employee has completed or is
following any prescribed treatment program. Weld County is not obligated to return an
employee to a safety-sensitive position just because he or she has completed or is
following any prescribed treatment program and has passed a return-to-duty test. In the
return-to-duty evaluation, the Substance Abuse Professional also shall determine the
frequency and duration of follow-up testing after the employee returns to duty. At a
minimum, the Substance Abuse Professional must direct that the employee be subject
to six unannounced follow-up tests in the first 12 months of safety-sensitive duty
following the employee's return to safety-sensitive functions. The Substance Abuse
Professional may recommend that the employee be subject to a return-to-duty test for
both drugs and alcohol even if the employee only tested positive for one or the other.
To pass the return-to-duty test, the result must be a verified negative drug test result
and/or an alcohol test result of less than 0.02.
B. Consequences of Positive Test Result. Any positive return-to-duty drug test, taken
at the employee's expense, or return-to-duty alcohol test with a result of 0.02 or
higher, taken at the employee's expense, will subject the employee to disciplinary
action, up to and including termination, pursuant to the Weld County Code.
Sec. 3-13-170. Follow-up Testing.
A. Employees permitted to return to duty are subject to unannounced follow-up testing.
The Substance Abuse Professional shall determine the frequency and duration of the
follow-up testing. A minimum of six follow-up tests during the first 12 months after the
employee returns to duty will be performed. The testing period shall not exceed 60
months from the employee's return-to-duty. Follow-up testing is separate from, and in
addition to, the regular random testing program. Accordingly, employees subject to
follow-up testing will remain in the standard random pool and will be tested whenever
their names come up for random testing, even if this means being tested twice in the
same day, week or month.
B. The Substance Abuse Professional may recommend that the employee be subject to
follow-up testing for both drugs and alcohol even if the employee only tested positive for
one or the other. Therefore, an employee who is subject to follow-up drug tests may be
required to take one or more follow-up alcohol tests with a result of less than 0.04. If the
employee is subject to follow-up alcohol tests, the employee may be required to take
one or more follow-up drug tests with a verified negative result. Follow-up alcohol
testing will be conducted only just before,just after, or during the period the employee is
to perform a safety-sensitive function. The employee may not substitute any other tests
(e.g., those carried out under the random testing program) conducted on the employee
for this follow-up testing requirement. Additionally, a canceled follow-up test may not be
counted as a completed test.
C. Consequences of Positive Test Result or Failure to Submit to Follow-up Testing. Any
positive test result for an employee subject to required follow-up testing
(including the positive result of a safety-sensitive job transfer, random,
reasonable suspicion, post-accident or other test), with the test being taken at the
employee's expense, or failure to submit to required follow-up testing, will be
grounds for disciplinary action, up to and including termination, pursuant to the
Weld County Code.
Sec. 3-13-180. Consequences for Engaging in Drug and Alcohol-Related Conduct.
A. Controlled Substances. An employee who tests positive for drugs or refuses to submit
to a drug test must be removed from performing safety-sensitive functions immediately
on a status of"leave without pay." For the duration of the leave without pay, the
employee cannot utilize any accrued sick or vacation leave. Pursuant to the Weld
County Code, a verified positive drug test may subject the employee to discipline,
up to and including termination. An employee who tests positive for drugs, or refuses
to submit to a drug test, may not perform a safety-sensitive function until the employee
has been referred for evaluation by a Substance Abuse Professional, completed any
recommended treatment, been informed of education/treatment programs for controlled
substance abuse, and taken a return-to-duty drug test at the employee's expense with a
verified negative result. Weld County retains the right to terminate or otherwise
discipline an employee who tests positive for drugs or refuses so submit to a drug test.
B. Alcohol. An employee who has an alcohol concentration of 0.02 or greater but
less than 0.04 (a non-positive alcohol test) must 1) be removed from safety-
sensitive functions for a minimum of eight hours on a status of"leave without
pay" or until a retest, at the employee's expense, is below 0.02, 2) be informed of
education/treatment programs for alcohol misuse and abuse, and 3) sign the
statement on the alcohol testing form acknowledging that he shall not perform
safety-sensitive functions or operate a motor vehicle during this period. For the
duration of the leave without pay, the employee cannot utilize any accrued sick or
vacation leave.
1. An employee who has an alcohol concentration of 0.04 or greater must be
removed from safety-sensitive duties and may not perform such duties until the
employee has been referred for evaluation by a Substance Abuse Professional,
completed any recommended treatment, been informed of education/treatment
programs for alcohol misuse and abuse, and passed a return-to-duty test, at the
employee's expense, with an alcohol concentration of less than 0.02. Weld
County retains the right, pursuant to the provisions of the Weld County
Code, to terminate or otherwise discipline an employee who tests positive
for alcohol or refuses to submit to an alcohol test. On-duty use of alcohol, or
the use of alcohol after an accident (before post accident testing is complete),
carry the same consequences as a positive test result.
Sec. 3-13-190. Retesting at the Employee's Request.
A. U.S. Department of Transportation regulations provide for a split sample procedure
which requires a portion of each urine specimen to be retained in a separate, sealed
container. An employee whose urine test is positive may request that the split sample
be tested at a separate laboratory approved by the U.S. Department of Health and
Human Services. U.S. Department of Transportation regulations require that the
employee makes such a request within 72 hours of receiving notice of a verified positive
test. (In the event an employees fails to make a timely request, the employee must
present information to the Medical Review Officer documenting that serious illness,
injury, inability to contact the Medical Review Officer, lack of actual notice of the verified
positive result, or other circumstances unavoidably prevented the employee from timely
contacting the Medical Review Officer. If the Medical Review Officer concludes that
there is a legitimate explanation for the employees failure to contact the Medical Review
Officer within 72 hours, the Medical Review Officer shall initiate a test of the split
specimen.)
B. The Medical Review Officer shall notify the employee of his or her right to request the
split sample testing. If the analysis of the split specimen fails to reconfirm the presence
of the drug(s) or drug metabolite(s)found in the primary specimen, if the split specimen
is unavailable, inadequate for testing or untestable, or if the adulteration or substitution
criteria of the split specimen has not been met, the Medical Review Officer must cancel
both tests and report such cancellation and the reason for it to the U.S. Department of
Transportation, the employee and Weld County. The Medical Review Officer will then
direct the Designated Employer Representative to ensure the immediate collection of
another specimen under direct observation, if appropriate, in accordance with U.S.
Department of Transportation regulations. If the split is found to be adulterated and the
primary sample is not, the Medical Review Officer must inform the employee that the
split is adulterated and determine if there is a legitimate medical explanation for the
laboratory finding of adulteration. If the Medical Review Officer determines there is a
legitimate medical explanation, the Medical Review Officer shall then report to the
Designated Employer Representative and the employee that the split specimen test is
canceled. If, however, the Medical Review Officer determines that there is not a
legitimate medical explanation, the Medical Review Officer shall report the test to the
Designated Employer Representative and the employee as a verified refusal to test.
The Medical Review Officer shall then inform the employee that he or she has 72 hours
to request a test of the primary specimen to determine if the adulterant in the split
specimen is also present in the primary specimen.
C. Pursuant to Weld County policy, all costs associated with split sample testing
must be paid by the employee, including shipping and handling, transportation,
testing and reporting to the Medical Review Officer. If the result of the split
sample test is negative, these costs will be reimbursed to the employee.
Additionally, if the result of the split sample test is negative, the employee will be
reinstated with no loss of seniority and paid for lost back wages.
Sec. 3-13-200. Notification of Convictions. Pursuant to the requirements of the Drug-Free
Workplace Act, employees must notify Weld County within five days of any criminal drug statute
conviction for a violation occurring in the workplace.
Sec. 3-13-210. Contact Person. FTA regulations require that a single contact person be
identified to answer questions about this policy. For the purposes of this policy, the contact
person will be the Weld County Drug and Alcohol Testing Program Administrator at the
Weld County Personnel Department, 915 10th Street, Greeley, Colorado 80631, who may
be reached at (970) 356-4000, Ext. 4234. Copies of relevant regulations also are available
at the Personnel Department.
Sec. 3-13-220. Effects of Alcohol. FTA regulations require that written drug and alcohol
policies include a discussion of the effects of alcohol misuse. That information is contained in
the attached "Effects of Alcohol Fact Sheet"which appeared as part of the "Implementation
Guidelines for Drug and Alcohol Regulations in Mass Transit," issued by the Federal Transit
Administration Office of Safety and Security.
Sec. 3-13-230. Education and Training.
A. Training for Employees. Weld County will display and distribute to employees who are
performing a safety-sensitive function educational materials explaining the requirements
of the Federal Transit Administration Drug and Alcohol Testing Regulations and its
policies and procedures. Employees and supervisors who perform a safety-sensitive
function also will be provided at least 60 minutes of training on the effects and
indications of drug use. Employees will be required to sign a form indicating that they
have received a copy of the policies and procedures. This form will be kept on file.
B. Training for Supervisors. Supervisors responsible for determining when to administer
reasonable suspicion tests will receive at least 60 minutes of alcohol awareness training
and at least 60 minutes of drug awareness training.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby
is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with
the amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub-sections as they currently exist within said Code; and to resolve any inconsistencies
regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2003-3 was, on motion duly made and
seconded, adopted by the following vote on the 7th, day of April, A. D., 2003.
* * * * * * * * * * *
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2003-3 published
above, was introduced and, on motion duly made and seconded, approved upon first reading
on February 24, 2003. A public hearing and second reading is scheduled to be held in the
Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631,
on March 17, 2003. All persons in any manner interested in the reading of said Ordinance are
requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,
or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
charding@co.weld.co.us.
SECOND READING: March 17, 2003, at 9:00 a.m.
THIRD READING: April 7, 2003, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 28, 2003
PUBLISHED: March 6, 2003, in the South Weld Sun
/
•
all 1 1 Sea 3.131► delay ere CellSerwa gayest to Testing.
A. Unger FTA regulations.all employees who
NMI AT1NtgFINARTNOCINIFIRRLANIMISI; PNkna alaWllrr'sw MRbie and all
OF TIN WELD COUNTY CODE spplieagr for, and y-steM employees
STATE OF COLORADO) swkingaarW er to,safetfely-s«Ieitive positions
III R ORDAINED BY TSE BOARD OF COUNTY are included in this drug and alcohol testing
I�SIONERSOFTIECOURTYOFWELD,STATEOF program. Participation in this drug and)S.S. CD
COUNTY OF WELD ) COLouAoo: employlmennttfor eachh program is wsesit a
emploru safety-sensitive
COmminamits of WHEREAS, the Board of Coley B. The Federal TranptAdminiatraton der Ines the
Ruth Pelton-Roby, as manager of Pelton miluard to Coolorado statute ya of Weld,State County H' meterm
in%.ra n e• to apps to all
e
Publishing Company LLC, being duly RuleCtartar,is vested wmtwauthorrywadministenngthe employees in a position to pears the
aesee w Wee Cowry,Colorado,and following Mebane.
sworn, states that it is publisher of the1.
Drarale mom Males
South Weld Sun, a weekly newspaper Camrrleaiorerrss,WHEREAS,
DDeecember 28.he 2000, adopted Weld
wasfaa whine r me tie
Oared CodeOr°I"erg.zo00-1.e acaroacomprehensive
published in Keenesburg in said County
Cede brthe County of Web,including the ceddiation a all
and State; that said newspaper has a w..y adopted onliena.aa general and permanent
a
generaIcirculationinsaidCountyandhas "e_Aactedonor before said dama adoption,end
been continuously and uninterruptedly WHEREAS,th.Weld County Code isinneed
published therein, during a period of at animmanent therein. re°'°`°°°"°"" °" °
least fifty-two consecutive weeks prior to
the first publication of the annexed notice; Board of County�'�RE THEREFORE,oEROR linty of by the
Commissioners Chapter
of the County the Weld,
that said newspaper is a newspaper StatedCde be, thatC•per 3.pe led an,ol Weld
theCounty cad.a,one hereby IS,repealed one ne edxteol
within the meaning of the act of with the addition of Amcle xul. Deg Use and Alcohol
General Assembly of the State of Misuse. O ad as
Colorado, entitled "An Act to regulate the gmmer R
printing of legal notices and
""3
E`
Add Article xn Implementation of the Federal Transit
advertisements" and amendments
Adminepatan Regulations on Drug Um AM Alcohol
thereto; that the notice of which the 'slime,to reed as follows.
annexed is a printed copy taken from said in.s.se-ter overview.
newspaper, was published in said A. Weld cow y'° PolicyImpamedting the
Federal Transit Administration Regulations on
newspaper, and in the regular and entire Drug Use and Alcohol Misuse re designed to
enhance productivity and safety and to IS
issue of every number thereof, once a
' excellence by maintaining a safe end
week for successive weeks; that productive environment for employees. Weld
County maintains a strong commitment to a
said notice was so published in said drug-free and an alcohol-free wort
environment and has adopted this policy o newspaper proper and not in any
supplement thereof, and that the first plde guidance to and
employees in dealing policy
i drug use and
publication of said notice as aforesaid, ole Cmounty
e. ployes is iujectto Feeral
ro Web County emoloyees subject to Fedael
was On the _c.._day of Transit h tratie Such rrg laonsme
and nP misuse. Such regulationsme
t' -- -k, 2003, and the last found in PaM 4ga bd5 asTitle
amended,
Code
of Federal Regulations,as amended,and am
on the day of *end
in to herein end in the appendix heretobe
, 2003. raglaaapn%.' This policy will be
kept current with the latest FTA regulations.
Weld County reserves and right to conduct
drug r alcohol sae a appllams for
employment and current employees m
PELTON PUBLISHING COMPANY LLC
accordance with the provisions a any ether
/��/ state an Nor federal law. This policy first
By 1 y..n �/ / ,A became effective by resolution of the Bard of
,(-, fi a_ ,, Cowry Commissioners of Weld County.dated
Ruth Pelton-Roby — September 11.1998,
a To fumes our commitment to providing a safe.
drug-free and alcohol-free environment,Weld
Its: Manager Coand�has adopted the following programs
procedures.
1. An employee and supervisor
education and training program
Subscribed and sworn to before me this regarding drug and alcohol
misuse and abuse.
6 2. - A drug and alcohol testing
day of r,lo , 2003. program for employees and
applicants for employment in
safety-sensitive positions.
3. A program for evaasting/// employees who violate the deg.
Cke Peel A 1 use and alcohol misuse policy.
No dry PUbll < Administrative procedures for
.record keeping, reporting,
My Commiss expires: 9/II /(r7 releasing information, end
certifying compliance with the
PTA regulations.
C. Weld County is dedicated to assuring the fair
`v`' " and equitable application of this policy. Al
,..4 :-• r, supervisors and managers are required o lens
(•I •• . `{', and apply all aspects of this policy in en
%A unbiased and impartial manner and any
`•"�• • supervisor or manager who kno
tiOTA,R Y — disregards the requirements of this policy,or
or
•
.4 :- who is round tobe deliberately misusingthe
• pokey al rsEsef;Irai�esrdiAa/aa, sex se
4� .'O asset dlN* ,eel"%up b end
a''T .•. `,�) ` ilW�slOrystesnimsewt- Pea"a"tor.weal
'*. C` • ' D. Tlaet*Rme Me AOC* 13, policy not
�vla OF CO\-`-- vv`�• alerNbSMF#sir FTA b sit forth in
,yfrhlrhrr 1111th '`` atlfaehmere
a.
r
2 I1eTlgearlta aloe from roans 10r May a
SVMt WNiN a avers to remaining on My,Mae hangar sec oraclining to take a
tog a Commercial Plows alcohol cont la ion el 0.02 a second test atter being directed
o di so.
License('CHAIR LONG'). greeter. As referred to in tag al
3. Conbol dispatch or movement policy, alcohol means the 7. Fading to undergo evaluation
la medical
dire n or edi atl as
of service vehicles. intoxicating agent in beverage
4. Maintain (including repairs, alcohol,ethyl alcohol or other low e, by the Mescal Review
overhaul and rebuilding) molecular weight alcoholsproc Officer as part of the verification
he
revenue seMce vehicles or including methyl or isopropyl Designated r a directed tbo er
equipment used In revenue alcohol.FTA regulations currently RepoveEmployer
seMCe. prohibit a covered employee from Repreeathesvene for Wag accident
5. Carry a firearm for security reporting for duty or remaining on 8. Leevoptlb reason before
purposes, efore
duty requiring the performance of tests a ci ducted . itha
S. Pedant asvolunteerswlo drive safety-sensitive functions while b� an caco-a walnut
vehicles which require having a havingenakololcocenbation of notifying rt be reached for
CHAIR LONG and/or perform 0.04 or greater. (An employee the employee/ee eanbsneachetl
safety-sensitive functions and found to have an alcohol ��'
D
receive remuneration in excess corcerwation greeter than 0.02 D. Forwent b Weld Courtly policy' any
of actual expenses. but less than 0.04 may not
employee who tampers sit bteMas,
C. The following positions at the Weld County perform any satety.sacnive or breath s,or
s•Y attempts saliva
Department of Human Services and Fleet function until the employee's or it test,or who to do so,
Maintenance have been determined by Weld alcohol conceetration measures shall be surbleet to discipline up to and
County to meet the Federal Transit less than 0.02 or until the start of including ng discharge.
Adminisbation definition: tla em Weld next regularly E. County will adhere to all required
1. All mini-bus drivers. scheduled duty period to begin a standards of confidentiality. Testing records
2. All maintenance personnel. minimum of eight hours following and results will be released only to those
3. All dispatchers. administration of the test.) aWKKiaedployeesareeaamaeon.Selety-
D. This list is subject to amendment at any time. S. Controlled Substances. sensitive employees are angled.upon written
Weld County has reviewed duties performed 1. Employees who perform a safety- request,to obtain copies of their drug and
' by of employees todeterminesafely-sensitiveelwhd bating records,.and to have access to
sensitive roman are strictly
positions in accordance with the above prohibited from using or ingesting o dispute the results,and to have access to
definition and all new job classifications will - prohibited drugs at any time, and pertinent records such as equipment
be analyzed for eatery-sensitive duties. except when the use is pursuant calibration records and laboratory
Supervisors who pMorm,or who are likely to to the instruction of a physician certifications.
perform safety-sensitive functions,are Woo who has advised the employee
considered safety-sensitive employees and that the substance does not affect Sec.3-13-50. Testing for Controlled Substances.
will be included'Mike drug and alcohol testing the employee's ability to sa A. testing of
program applicable to an safety-sensitivefey huh safety-sensitive sve employees
oth
employees perform his or her job. Any authorized star regulations is limasdolle
employees taking such a following substances.
substrata at a physician's
d
Sec.1ProhibitedCan 0. Prohibited Wilda Inatructl Mid
g! inform Wad
A. Alcohol. County of such
1. Employees who perform say- y the right
Weld Drug Name-Ilatebotite t-Off Ca____
sensitive functions must not the use withhe empwrey Cut-Off CusOB
consume alcohol as follows: h use '. employee's
physician. Manufacturing, Manjuaro-Dswa BTHC 50 NO/ml f15
i
a. During specified distributing,using coaled
on oiled NCilml
on-call hours.(An possessing or corarolled
on-call
employee
y substances in the work place is Cocaine-Samoa NG,mI 150 NG,mI
will be
prohibited,pursuant to the Drug- ecgonine
acn wledg time e. at Free Workplace Act Pursuant b
the anWeld County policy, any
duty.rat employes who mamdacturess, Amphetamines 1000 500 NG'ml
he has used distributes, dispenses, NGrml
alcohol and to processes, sells, attempts to
indicate whether Opiates 2000 2000 Neal
he believes he is still, arranges sill • Morphine/Codeine NG/nil
capable Of controlled substance to any
performing the other person, on or oil
WefdCounyproperty,whe0br PCP-Phenlryclidire 25 Neal 25
safety-sensitive on or off duty,shell be subject NCilml
lunation. If the to discipline up to and
employee
believes that he is diseharpe.
not capable al2. As referred o in this policy,a B. WNbdrug bedngby Weld Capywrmaly
Controlled substance or will dblhe dub balatenlhe listed
performing his :._.___ above, Weld
safety-sensitive - prohibited drug meansCounty reserves the right,
marijuana, cocaine, opiates, to raantoits policy and its own authority,
function,he shall amphetamines or he e require employees to provide separate
be excused from P phencyclidine. specimens for permitted for other controlled
doing so. It, FTA regulations currently prohibit Petinting
however, the the performance of safey- subspneas, by law. Weld
sensitive functions when a County reserves the right,pursuant a Its
• employee prohibited level of any of/rve policy and Its own authority,as permitted!"
believes he is specified drugs is detectable in law,to perform drug alts of applicants er
capable o fnomeafa/lemgve employees using the
performing a the employee's urine.
same procedures Federal TeSMR
Safety-sensitive Sec.3-13-40. Drug and Alcohol Testing Program. sensitive
Administration yeas, terWtlngsafely-
function, the A. Safety-sensitive employees will be subject to asnsmvs employees.
employee will
testing pursuant to FTA regulations.
undergo an alcohol B. Testing of non-safetywnsilve employees, C. Any employee who tests positive for opiates
test and will be applicants for non-safety-sensitive who neither admits to an unauthorized use of
a permitted to perform positions, and any testing of safety- an opiate nor can provide a valid medical
a safety-sensitive sensitive employees over and above the explanation or prescription for to opiate
function if the requirements of FTA regulations will be present in his Or her urine sample shall be
alcohol . performedp required to undergo a physical examination
County. Any separate authority
bation Iasel y Weld Any testing procedures with a physician(M.D.) The is of the
measures less then utilized by Weld County will conform wind ny is to determine if thedonoris,exhibitings
0.02. If the applicable federal and state requirement. wit physical signs of any opiate se,required
or
employees'saki o n C. Under Weld County peliry,a refusal to take withdrawalevidence that would provide rMedir al
concentration a test will constitute the equivalent of a Review
Officer
er to necessary for thea Medical
measures greeter positive drug test or an alcohol test of 0.04 testiew Olioef o report the oat i a positive
than 0.02, but less or greater. Therefore, refusal by an test heft If no clinicals ege is detected,
than 0.04, the employee to submit to required testing or ed the resew is verified negative by the
employee will be failure to passa drug or alcohol test will Medical Review Officer and reported to Weld
allowed to performs lead to disciplinary action, up to and County as a negative test repay.. The
s only if iv a includingountCode. nation,pursuant to the Weld employee uchby t be required I .) for any
function only if he is County Code. Any employee who refuses to such exam the physician(M.D.7
retested and his submit to a required drug or alcohol test will
alcohol not be permitted to continue to perform safety- Sec.3-1340. Testing for Alcohol
concentration sensitive functions. Refusal to take a test A, Alcohol testing of safety-sensitive employees
measures less than includes, but is not limited to, any of the will be performed pursuantto FTA regulations.
0.02. If the following: weld County reserves the right,pursuant to
employee is not Outright refusal to submit to a its policy and under Its own authority,as
retested, he must test. permitted by law,to perform alcohol tests of
wait a minimum of 2. Failure to provide sufficient non-safety-sensitive employees using the
eight hours before quantities of saliva, breath or same same procedures Federal Transit
performing a safety: urine to be tested without a valid Administration requires for testing safety-
sensitive function:) medical explanation. sensitive employees.
b. While performing a 3. Engaging in conduct that clearly
safety-sensitive obstructs the testing process Sec. 113-70. Testing Procedures.
function. (including, but not limited to, A' Weld County will select an appropriate site for
c. Within four hours refusing to sign the drug testing the administration of drug and alcohol tests
prior to performing a chain of custody form or to sign which meets the requirements specified by the
safety-sensitive "Step Or on the alcohol testing U.S.Department of Transportation. Pursuant
function. form, failing to remain at the to Weld County policy,drug and alcohol
d. For up to eight hours testing site until the testing testing will be conducted off Weld County
following an process is complete,orfailing to premises. Normally, rmedcobation of
accident,Or until the permit the observation or aooholIne willbs ors. adeono County
employee monitoring of the provision of a with urine collections. Weld County
undergoes a post- specimen when directed to do reserves the right,however,to administer
accident test, so). alcohol tests Separatelyfrom
whichever adulterate the specimen or
ver occurs 4. Tampering with or attempting to
fi urine collections and to administer alcohol tests and/or
firoL
2, Employees who Worm safety- collection procedure. urine collections an Weld County premises.
sensitive functions are prohibited 5. Failing to appear for and test B. AM boll m for the presencest of illegal drugs or
d
within a reesonble time n alcohol misusef pretest the employee g and
being directed p do sc. the integrity d the drug bating process.
•
Lite
from the random pool.It is the responsibility of
r
Weld County's Medical Review Officer C. Fasequsnoss ot Positive Test Result y
contractor to maintain the data base of safety- Failure to Submit to Follow-up ane employee
Testing. A%
ct
sensitive employees and to dorm the peeehretstreew-ult pru ampl%ee•g the
perform to required sult of a testing senswnp the
random selection of employees a ea to be tested positive result random, a sMna a suspi Job
seem testing cYcte. Ia etwem w randn e paefer, ent reasonable with test
y'selected employee s absent from t work o the bein Steen at orthe other bee' the test
day bs or her testimmediately
a scheduled,h employee being we employee's r expense, p
will be to work,,rn pabry upon. his or her failure to Isubmittoto grounds
for scil•wuy
with a t as praManta
work b unless the tasting, will M gr for rminaan
employee rails lorett daObetarehnvad action, up band Including ode. rk
randomlyevent
ntiselected testing date. present to the Weld County Code.
C. In the Bveni it re necessary to ccllBtt a urine
specimenfromanemployeeforrandomtesting See.3.13.150. Consequences for lapping In Drug NW
outside his or her regular work hours,the AlcohoHlebbd Condit
employee MI be paid for the extra time at the A. Controlled Substances. An employee who
applicable overtime rata. A safety-sensitive team positive for drugs or refuses to submits
employee will be subject to random testing for a drug test must be removed from oedemte
alcohol only while the employee is performing safety-sensitive functions immediately en
sal My-sensitive functions or just before or just anus of "leave without pay." Far the
after performing safety-sensitive functions. duration of the leave without pay, h
D. Consequences of Positive Test Result employee cannot utilise any accrued silt sr
Pursuant to Weld County policy, an vacation eve. Purina to the Weld
employee wham random dnup test Is County Code,•warded positive eup tat
positive or whose alcohol test remit IN 0.04 may subject the employee to(ledplM y
• or greeter will be removed from his or her to apd inducting termination. An employee
MpositionyMwa position on • stabs a who tests positive for dugs. or refues to
"leave without pay"end will be subject to submit to a drug test may not perform •
discipline,up to and including termination, seedy-sensitive hrtiction until the employee
pursmntte the Weld Celery Cede.Fee the has been relined lot evaluation by •
dura
tion of the Save without pay, h SubseanceAbuseProfessiorskcomp!Madam
_ employee cannot unlink any accrued signor recommended treatment been informed of
vacation leave.FtatMrmore,t e driver will esatoni rostnent programs for controlled
be subject to disciplinary action up to and substance abuse,and taken a return-to-duly
' Including termination,dorm***h Weld op test at to employee's expense with a
County Code. • verified negative result Weld County retains
the ighttotarmirW oth
erwise discipline an
Sec 3-13-10). neturrthoduty Testing. -
A. Anemployee who receives•verified positive employee who teats positive for drugs or
refuses se n employee
a drug bat
degfen.Maten fusests o testriMdta 0.04 tit.or B. Alcohol. ionet who has an alcoholless
greater,owMre uses aubwhil any duly or cca0a•tlon n 0.02 or greater but Pub
ate edified
alcohol while on dory or tan 0.04(aa moved from
tad rose
after an et),may(beforer post accident testing 1) M removed from atetyaenedea
isfey-e).mve fnctfumrowoO employ functions p or hours
I :1)eyeenspre fuuati unbltie employee shay a Wove oye 's pay" or owl •
is:Abuse
dionevaluation a lee vla2M the.ormed education/treatment
is below eProfessional h who tramdeterminesn that the pr g,al be Wormad of edx•eedabue
employee d !yllothe any treatmentprogram programs for alcohol entminute and cusel
prescribed ion by 2) ess Substance Abuse end 3)sign the statement on h alcohol
test
A Professional,as ut passes a rbe espe-b4dd *Moorm saftlq neitive fth he unctons fr
tart A rethe an test may performed oelerm uhr vaNci d tacctlra or
alter s Substance Abuse Professional md Fortheamorontme lvelpout period
isIilloireat ny prescribed
huentpletatlor For the any aWaA
sldlwvirgerypresoloed sesimentProgram. eqY'h
_Weld County is not obligated to return an employes ceothotWlW eyeesadsick o
employee to a saety-sansiive on ust veedon leave.
Pe 1 _ 1. AnemDloyeewho anedefcahol
because he IX she has completed or S
ulawnn land prescibed treatment program s must be reonmoved
of 0.04from or safgreety-
and has passed•ream-to-duty test In the be removed safety-
and
rMm*Naayevksson dySMyuceAbuse - pedant duties and may not
pedant each dupes app the
Professional also shall determine the employee has been referred for
frequrcq eq0-lWratianrel tMlew+q Casting ......_— evela•tien-,by-.a -Scb9tance
alter the etnployde returns to dub. At a Abuse Profeasioal,completed
minimum.Ow Subatence Abuse Professioal
must direcththetapbyee besLLyxYt six. _ any recommended treatment.treatmenunannounceded follow-up tests in the first 12 etticiatibeen innffoorr med of
unannounced
Months of safagaermisve duty Idlowing the
°�°°tr"st�rams u
o
employee's awnbsMagraeneisvefunctions. alcohol misuse end abuse,and
at
The Substance Abuse h em Professional may passed loetuMtrdae test,
recommend that h employee be subject to•
employee's expense,with an
rabrnto-duly test for both drugs and alcohol - alcohol careerltration a Ieea-
even d the employee only tested positive for than 0.02.Weldpursuant
retsina
one or the other. To pass me resmio-duty h rpm,o prises County the
Me l»result must bee veiled negative drug provisions of the Weld
- Mt result eldor an alcohol test result a less diede,be an mplWwwo
than 0.02. ' asti positive an employee who
B Consequences el Positive Test Result. Any - . Usti t anelcl or
poehNfraMRtodey drug teat,taken eta test Ormiusublet-Sean
e of olccher
bbl- s use of alcohol,an
r
employee's s expires,•res or .0YM1hader, 'h use of pe after a
taken k with a resat oa ex or higher, testing
is(before tot sae re
a4e at the elgyt ale uMrye, will ep ue as e
wgrat lnce iangae<minadDOnurs antion.uatto • same consequenceslt
unto eldCetety Ca
Dursrntte positive test result
the wed cedy sea
tire.343-170. Follows*TanSee.3-13-120. Retesting espy EmMbyee'e lieges.
gitates
A. Employees perpnided to return to duty are A. pUrovS.ide
for antaTranyoaoce ur Slob
*bindle urya it iceowaupiseep.The (squ for a'snlo easach
title eprsped specimen r•toe
Sit nceAlMe Pmfasiayt sari deterfay tines In a sepdeacs iMcomae10 toe
the frequency and duration of follow-up retained In a separate,sealed eonleiar. An
rg. noymeemployee whose urine feet s positive may
testing. A minimum of sit folloarup data request that the split sample be tad*•
during to o first 12 Menthe after r me me employee separate laboratory approved by lftiy. .d.
isms to duty will be pMommd. The testing U.S.De eni of Health and Human SYDYgn.
period shall not exceed.F mores from to U.S.De that the
Transportation maksstaemulsions
s p from,
re n In .Follow-up testing is require that me anployee makes such •
separate from,and In addition to,the regular request within 72 houses racemmgnacct el•
random berg program. Accordingly, verified positive test On the event an
employees subject to follow-up 0 and will employees falls to make•timely request the
remain h wde nre random Pool and will be employee must present information to at
wh
enever wherever their names come up for Medical Review Officer documenting that
random testing, evens this means be serious illness,injury;inability to contact to
tasted twice in the dame dey: ost.week or m Medical Review Offcer.lack of actual notices
S. The Sibilance Abuse Professional may the verified positive result. or other
recommend that the employee be tithed to e p to yams timely
prevented h
IONOmW testing for bath drug*tested
positive for Review Officer. n the t legitimate
Review Officer
. or h other.Therefore,an employee who for
smMmee St 1pNmate explanation
is subject to follow-up drug teat may be •for the employees failure a contact me
required to take one or more Wow-up alcohol Medical Review Officer%teen 72 hours,the
tests with a result of less than 0.01. M h Medical Officer S Review ad MIME a test of
employee is subjects follow.up alcohol test. the split specimen.)
h.employee yee may be musts d to take one or S. • The he Medial Review Officer shall notify to
ne.mo .Worms cup tests with a vedfsd employee of his or her right to request the split
• aged Fo b alcohfore. tesOrg will sample testing. If the analysis ofa me split
be conducted only just bare.jest erfe,or specimen fails to remainsthe presence of the
Owing the period the employee is to performs drum(s) or drug me w(s) found in to
atlMyeersi fu
nction.eson. The employee may primary specimen,n. it the split specimen is
not*Saute ay other tests (ey, those unavailable. inadequate for testing or
carried but under the random testing program)
n
oM ,on a employee for this follow-up criteria
ordhadamen adulteration an met,
rigregaatyrt AdOnon ll.a�ed crMadhepayseimmnes a been met
.. follow-up. end may not be ° de as • the Medical Review piker must Cancel both
tests and report such cam:dilation and the
completed teat
reason for it to the U.S.U.S. Department of
Transportation, to employee end Wata Please contest the Clerk tome Boards office at phone(970)
County. The Medical Rimini Officer Within 336.7215,Exbnaion4225,ortax(970)352.0242,prior to the
difeet the Denisne*d E ospreys r day of the hearing If.as to result of•disability,you require
Representative to ensure the immediate reasonable accommodations in order to participate in this
collection of another specimen under direct haying,
observation,if appropriate,in accordance with
U.S.DepartmentotTranspoltaton regulations. Any backup material, exhibits or information previously
If the spit is found to be adulterated and the submitted to the Board of COWryCommissioners concerning
primary sample is not,the Medical Review eta matter may be examined in the office of the Clerk to the
Officer must the employee thrifts spit Board of Couniv COmmiasiorem,located in to Weld County
is aduterated and tletemtirb if there is a Centennial Center,Third Foot 915 10th Street Greeley,
legitimate medical explanation tor to Colorado between the hours of 5:00 a.m.and 5:00 p.m..
laboratory finding of adulteration. If the Monday thru Friday:or may be accessed through the Weld
Medical Review Off determines there is a County Web Page(www.co.wed.00.us). E-Mail messages
legitimate medical explanation,the Medical sent to en individual Commissioner may not be included in
Review Officer shall teen report to the to case file. To ensure Inclusion of your E-tea11
Designated Employer Represprtatwe and the •correspondence heaths case file,please send•copy to
employee that the split specimen test is cheryng•eo4seldso-us.
canceled. It however.to Medical Review
Officer determines tlattWeis note legitimate SECOND READING:March 17,2003,at 0.00 a.m.
medical explanation. the Medical Review THIRD READING:April 7,2003,et ROO am.
Mon shell report the test to to Designated
Employer Representative andes employee 55 BOARD OF COUNTY COMMISSIONERS
a verified refusal to test The Medical Review WELD attain.,Ca-CRACK)
Officer shat then inform the employee that he
or she hgs 721dursu request atest ef the DATED:Petered ad,2003 •
primaryepecimenb detemne if the addbra _ PUSHED:Math s,2003,in Me SSwathWeSSun
in the split specimen is also preset in the
pNaar*to Weld County policy,Li dmory specimin coatiC. assoclatedwRitspRssnple testing Must be
Psld by the employee.Including shipping
and handling.transportation,testing and
reporthe Medical Ravin Officer. If
Un rrsNt M ofthe spilt sample test Is
negative,these costs will be reimbursed to
the employee. Additionally,R the result of
the spilt sample bee is negative, the
aapioyae will be ryrnMM with no lose of
seniority and paid for lest beck wages.
Sec.3-13.200. Naandtlen et Convicsns Pursuant to
the requirements of the Drug-Free Workplaces Act
employees mat notify Weld County within the days of any
criminal Mug statute conviction for•violation occurring in
the workplace.
Sea 3.13-210. Caner Person FTA regulation require
that a single contact person be Montilla' to answer
questions about the policy. For the purposes of this
policy,the camel person will bathe Weld County Drug
and Alcohol Tooting Program Administrator at the Weld
Cerny Pomona;Deparlment,INS WOM Street,Greeley,
Colorado 80831,wee may be reached 4%070)30,400g
Eat 4334. Copies of relevant regulations See ere
available etthe Personnel Department
•
Sec.3-13420.Meets of Alcohol.ETA regulations require
Mat written drug and alcohol Policies include a discussion of
the oneds of alcohol muss.That Methadon is contained
in de slb4Md.'throb et Alcohol Feet Sheer
—appeersdoweenettlwintelemenbilienGuidearvieforwhich
Ong
and Alcohol RMOUaSO*in Mies Trot,'WAS by the
FederalTrep2Idolete ton Price of Stlyy and Security.
Sec.3454:1. Education and TraMbre
A. Training for Employees. Weld Corti will
display and disbibde to employees who are
performing • eiey-sensitive Iudbon
educational material -.explaining the
requirements. of the Federal Transit
Adnwryatation Drug and Alcohol Telling
Regulations oho its polices and procedures.
..Employees..and supervisors who perform a
Way-wain function also will be provided
• Wisest 8Omn ere of toning on the effects
and indicators of drug use.Employees will be
regtSed to sign a form Indtasbg that they
have mowed ■ copy of the policies end
• procedures.Tit torn will be kept on file.
B. Training forSupervisors. Supervisors
resppelble for determining attain*administer
reasonable suspicion bats will Mein a lamt
00 minutes of alcohol awareness training and
*least 80 mimes of drug aaere esewinirgnx"
SE R PI17NE1i ORDAINS by dwl lSfl
the Clerk to the Board be,end homey is directed to mango
for Colorado Code Publishing to supplement pd Wad
County Code with the amendments contained Sat*
alcidewthdipters,articles,divisions.sectiormandsr►
sections as they currently exist within said Coda:and a
resolve any lnconaisWwies regarding cs,2Ie1Sen.
grammar,and numbering or placement of chapters,wares.
amspnweeWwp:_end 51* 01$irtwldCode
.BE R FURTHER ORDAINED by the 0010 it
e&saloon.subsection,paragraph.sesnnce,clan,Or
pbeseoftNeO dinarn is Wary reason held or deMtedle
M eme$Nionaksuchdecsionshall affect the vt
*4W,elrmefning portions hereof. The Board of County
lb5eaaasmmSeioners hereby declares that it would have greeted
IS Ordinance in each and%ver t section. subedit.
t Croft secdorat
ne s s, sentences clauses. or pleases MGM eo
esslefea M u cOnsttuaarwl or invalid.
The above and foregoing Ordinance Nee.
'awashuaa.an notion day made and seconded,stolidity
Me laeplh0 vote on the 7th.day of April,A.O.,200.
• • • • •NOTICE -
PURSUANT lo ere Weld County Hone Rue Claw.
Oldkrncatlunber20033 putish d above,was Madame
and,on motion duly made and seconds,approved
first warm on February 24,2003. A public Memo and
second reading's echsus to be held in the Chambers or
the Board, First Floor Heeling Room, 916 10th Street
Gin*.Colorado 80031,on March 17,2003.All canons
in any manner interested in the reading of said Ordinance
are requested to attend andmay be heard.
NOTICE
The Board of County Commissioners of Weld County, Colorado, will conduct a public
hearing at 9:00 a.m., on February 24, 2003, in the Chambers of the Board of County
Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado,
for the purpose of considering amendments to certain sections of the Weld County Code, as
currently amended. Second and third reading of said Ordinance will be considered on March 17,
and April 7, 2003. All persons in any manner interested are requested to attend said hearing and
may be heard.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's Office
at (970) 356-4000, Extension 4226, prior to the day of the hearing.
Copies of the proposed amendment may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m.
DOCKET NO. 2003-11
APPLICANT: County of Weld
REQUEST: To amend Chapter 3 of the Weld County Code, by adding Article 13,
Implementation of the Federal Transit Administration Regulations on Drug Use
and Alcohol Misuse
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 7, 2003
PUBLISHED: February 13, 2003, in the South Weld Sun
NOTICE
STATE OF COLORADO )
The Board of
)S.S. County Commissioners of
COUNTY OF WELD ) Weld County,ColOf °,will
conduct public hearten at
9:00 a.m.,on Febnaxy 24,
Ruth Pelton-Roby, as manager of Pelton 2003,in""Can pen of
the Board of County
Publishing Company LLC, being duly Commissioners, Weld
sworn, states that it is publisher of the Coway C.rtennial Canter,
915 10th Street,First Floor,
South Weld Sun, a weekly newspaper Greeley,Colorado,for the
published in Keenesburg in said County a"rPose of considering
amendments to certain
and State; that said newspaper has a sections of to Weld
County general circulation in said County and has amended.C ode.as currently Seto ,and
been continuously and uninterruptedly third reading of said
.ordinance will be
published therein, during a period of at considered on March 17,
least fifty-two consecutive weeksprior to and ns April 7, g°°3 All
Y persons in any manner
the first publication of the annexed notice; interested are requested to
attend said hearing and
that said newspaper is a newspaper may eeheard.
within the meaning of the act of the if a court
General Assembly of the State of ad w the Clerk please
Colorado, entitled "An Act to regulate the five Boa`days pros ng,at the
printing of legal notices and hearing. The coat of
urt*oder
advertisements" and amendments shall engaging
borne byby the
thereto; that the notice of which the fequestng party. In
accordance with the
annexed is a printed copy taken from said Americans with Disabilities
newspaper, waspublished in said act' if scar'
accommodations are
a
newspaper, and in the regular and entire required in order for you to
participate In this hearing,
issue of every number thereof, once a please contact Ma Clark m
week for I successive weeks; that ""Board's Office at(970)
35M000.Extension 1226.
said notice was so published in said prior to the day of the
hearing. •
newspaper proper and not in any pa C, eegw
supplement thereof, and that the first proposed iedineeommay
be enhmilteoithe oard of
publication of said notice as aforesaid, the clam Do me Board of
ww�s on the _L3 day of County loatedintheWel Cot''
(¢QsZual� ( 2003, and the last Centennial comer, 915
10th Street, Third Moor.
Greeey,Coloralb,Monday
on the day of , 2003. dvougfF,iday.e:0o..m.to
5:00 p.m.
DOCKET NO,03.11
PELTON PUBLISHING COMPANY LLC APPECANT: County of
�f �S� n �7 Weld-
By (I SA (/ - V EQUEST: To amend
VVV11��-��� `�'-� Chapter 3 of the Weld
Ruth Pelton-Roby County
Article by Implementation
taein
of the Federal Transit
Its: Manager Admnetranon RpW.eo,s
on Drip Use and Alcohol
Mists.
Subscribed and sworn to before me this BOARD OF COUNTY
COMMISSIONERS
al day of 1Ea , 2003. WELD oCOUNTY.
DATED: February 5,
'�//l//1 ,
Notary Public ." l °�1SHEDiFB
bruary 13.
2003. in the Souletat, Weld
Sun
My Commission ex Tres: /A -/( --C4/
.`
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