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02-024-/-
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hereby are, repealed and re-enacted, with the addition of Article XIII, Drug Use and Alcohol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.
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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 ("CDL").
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 CDL and/or
perform safety-sensitive functions and receive remuneration in excess of actual
expenses.
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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
also are 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 form
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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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PAGE 15 ORD2003-3
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.
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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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
David E. Long, Chair
Weld County Clerk to the Board
Robert D. Masden, Pro-Tem
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM:
William H. Jerke
County Attorney
Glenn Vaad
Publication: February 13, 2003
First Reading: February 24, 2003
Publication: March 6, 2003, in the South Weld Sun
Second Reading: March 17, 2003
Publication: March 27, 2003, in the South Weld Sun
Final Reading: April 7, 2003
Publication: April 17, 2003, in the South Weld Sun
Effective: April 23, 2003
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Appendix 3-A
SERVICE PROVIDERS AND ANSWERS FOR QUESTIONS
The following entities provide services pursuant to this Policy:
Substance Abuse Professional: (referred by Weld County)
Kathleen Hoerner, LPC, CEAP
3400 West 16th Street, 5-YY
Greeley CO 80634
Phone Number: 970.690.1771
Fax Number: 303.776.7524
Hours: Tuesdays - Thursdays, late afternoons & evenings
Fridays, mornings
Initial Evaluation Fee: $125 (payment is the responsibility of patient)
Follow-Up Evaluation Fee: $100 (payment is the responsibility of patient)
Copies of credentials on file
Laboratory:
LabOne, Incorporated
10101 Renner Blvd.
Lenexa, KS 66219
1-800-728-4064
Medical Review Officer:
Medical Technical Review Dr. Sheldon Greenberg, M.D., Chief MRO
P.O. Box 490 Dr. Mark Luttrell, M.D., Associate MRO
Hudson, WI 54016 Dr. Christine Kasser, M.D., Associate MRO
1-800-880-4444
Persons with questions regarding Weld County's Policies Implementing the Federal Transit
Administration Regulations on Drug Abuse and Alcohol Misuse should contact:
Michelle Raimer
Weld County Personnel Department
mraimer(Wco.weld.co.us
970-356-4000 x4233 - Office
970-352-9019 - Fax
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