HomeMy WebLinkAbout960618.tiff RESOLUTION
RE: APPROVE WELD COUNTY CONTROLLED SUBSTANCE AND ALCOHOL POLICY FOR
CERTAIN "SAFETY SENSITIVE POSITIONS" AS SUPPLEMENTAL PERSONNEL
POLICIES FOR WELD COUNTY PUBLIC WORKS DEPARTMENT AND WELD COUNTY
DEPARTMENT OF HUMAN SERVICES
WHEREAS, the Board of County Commissioners of Weld County, 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, pursuant to the Weld County Employee Personnel Policy Handbook, Weld
County Ordinance No. 118, as amended, "in cases that are unique to a specific department or
office, Departmental Supplemental Personnel Policies" may be approved by the Board of County
Commissioners to apply to employees in such a department or office, and
WHEREAS, pursuant to Federal Regulations and specific Federal Transportation
Administration grants, employees in certain "safety sensitive positions" in the Weld County Public
Works Department and the Weld County Department of Human Services are required to undergo
controlled substance and alcohol testing, pursuant to policies and procedures established by the
County, and
WHEREAS, in response to said Federal Regulations and Federal Transportation
Administration grants, the attached Weld County Controlled Substance and Alcohol Policy for
certain"safety sensitive positions" has been drafted by the Weld County Personnel Department and
is recommended for approval by the Board of County Commissioners as Supplemental Personnel
Policies for the two departments.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the attached Weld County Controlled Substance and Alcohol Policy for
certain"safety sensitive positions" be, and hereby is, approved as Supplemental Personnel Policies
for the Weld County Public Works Department and the Weld County Department of Human
Services.
960618
n PE0014
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RE: SUPPLEMENTAL PERSONNEL POLICIES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of April, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
"S WELD COUNTY, COLORADO
✓ , �� Mmt/ 44Z FXCI ISmSIINA (AYF}V
1361 �Iyr ��‘ Barbar J. Kirkmeyer, Chair
+� el my Clerk to the Board
RP I George . Baxter, Pr -T
Deputy Cler4 o the Board
Dale K. Hall
APP AS TO FORM: FXCI ISFfI OATF C)F SIC;NINC; (AYF).
Constance L. Harbert
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960618
PE0014
WELD COUNTY CONTROLLED SUBSTANCE AND ALCOHOL
POLICY FOR CERTAIN "SAFETY-SENSITIVE POSITIONS"
PURPOSE AND SCOPE
The purpose of this policy is to establish policies and procedures regarding controlled substance and
alcohol use by employees in certain "safety-sensitive positions" with Weld County. The "safety-
sensitive positions" covered by this policy are: (1) those jobs in the Weld County Public Works
Department which require a Commercial Driver's License, pursuant to 8 CCR 1507-1 or County
policy, and which must comply with the requirements set forth in §§ 49 CFR 382, 391 and 392 (the
"Federal Regulations"); and (2) the positions of mini-bus driver, dispatcher, and transportation
supervisor in the Weld County Department of Human Services. Such"safety-sensitive positions"
may include full-time, part-time, or seasonal work. Additional positions may be added to the list of
those covered by this policy at any time upon the approval of the Board of County Commissioners
of Weld County. All references in this policy to the term "employee" shall mean an employee
working in a "safety-sensitive position" as defined herein. As used in this policy, the term
"controlled substances" includes,but is not limited to: marijuana, cocaine, opiates, amphetamines,
and phencyclidine (PCP).
STATEMENT OF POLICY
A. No employee shall unlawfully manufacture,use, possess, or distribute controlled substances.
B. No employee shall report for work to perform safety-sensitive duties while having any
controlled substance present in his body. Presence of controlled substances will be
determined by testing performed as described in this policy.
C. No employee shall perform "safety-sensitive duties" within four hours after consuming
alcohol.
D. No employee shall possess or consume alcohol while at work, on duty, or on call.
E. No employee shall report to work or perform"safety-sensitive duties"while having a breath
alcohol concentration of.02 grams of alcohol per two hundred ten liters of breath, or greater.
An employee's breath alcohol concentration will be determined by testing performed as
described in this policy.
F. No employee shall leave the scene of an accident in which the employee was involved as a
driver of a Weld County vehicle, without a valid reason, before arranging to have a
controlled substance test performed within 32 hours after the time of the accident antic breath
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alcohol concentration test performed within 2 hours after the time of the accident. The term
"accident" as used herein is defined as a motor vehicle accident which: (1) results in a
fatality; (2) results in a bodily injury to any involved person which requires medical
treatment within two hours after the accident; (3)results in the employee receiving a citation
for a moving traffic violation; or (4) results in physical damage to any of the involved
vehicles requiring towing from the scene of the accident.
G. No employee shall consume alcohol after an accident unless: (1) eight hours have expired
since the time of the accident; (2) the employee has been tested for alcohol; or (3) the
employee's supervisor has determined that the employee's performance could not have
contributed to the accident, whichever occurs first.
H. Weld County will not hire applicants for such"safety-sensitive positions" who test positive
for controlled substances or have a breath alcohol concentration of.02, or greater.
CONSEOUENCES OF VIOLATION OF POLICY
Any violation of this policy by an employee may result in discipline up to and including termination,
as detailed in Section IV.of the Weld County Personnel Policies Handbook,Weld County Ordinance
118, as amended. Compliance with any of the following "return to work" conditions does not
guarantee that the employee will return to work following a violation of this policy.
If an employee tests positive for a controlled substance or has a breath alcohol concentration of.02,
or greater, the employee will be removed from performing his "safety-sensitive" duties and will
receive leave without pay for the time until he returns to work.
To be eligible to return to work after testing at a breath alcohol concentration of .02 to .39, the
employee must provide breath alcohol concentration test results of less than .02 (such test being
performed at the employee's expense).
To be eligible to return to work after a positive controlled substance test and/or a test indicating a
breath alcohol concentration of.04 or greater, the employee must provide proof that he has been
evaluated at his expense by a Substance Abuse Professional ("SAP") approved by Weld County.
If the SAP determines that treatment is necessary,the employee must complete such treatment at the
employee's expense. The employee must also provide, at his expense, test results showing the
following: (1) no controlled substances in the employee's system; and/or (2) a breath alcohol
concentration of less than.02. The employee will be subject to follow-up testing as described in this
policy.
CONTROLLED SUBSTANCE AND ALCOHOL SCREENING
For the purpose of assuring compliance with the Federal Regulations and this policy, applicants for
and employees in such "safety-sensitive positions" will be subject to controlled substance and
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alcohol testing described in this policy as a condition of their employment or prospective
employment.
TESTING OF APPLICANTS
Applicants for such "safety-sensitive positions" shall undergo a test for the presence of controlled
substances and alcohol prior to performing work for Weld County.
TESTING OF EMPLOYEES
1. Post-Accident Testing
Any employee involved in an accident must immediately submit to a controlled substance
test and a breath alcohol concentration test if the accident: (1) results in a fatality; (2)results
in a bodily injury to any involved person which requires medical treatment within two hours
after the accident; (3) results in the employee receiving a citation for a moving traffic
violation; or(4)results in physical damage to any of the involved vehicles requiring towing
from the scene of the accident.
Any employee who is seriously injured and cannot provide a test specimen at the time of the
accident shall provide the necessary authorization for obtaining hospital reports and other
documents indicating whether there were any controlled substances in the employee's system
and indicating the employee's breath alcohol concentration at the time of the taking of the
tests.
2. Reasonable Suspicion Testing
An employee will be required to submit to controlled substance and breath alcohol
concentration tests upon reasonable suspicion to believe the actions, appearance, or conduct
of the employee on duty are indicative of the use and/or presence in the employee's body of
a controlled substance or alcohol.
3. Random Testing
Employees will be subject to controlled substance and breath alcohol concentration testing
on a random basis.
Random testing will be spread throughout the year and will be unannounced to ensure that
no employee receives advanced knowledge of the time of testing. All employees will have
an equal chance of being selected each time a random selection is made.
The number of random controlled substance tests conducted annually shall equal or exceed
50 percent of the number of"safety-sensitive positions" subject to testing.
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The number of random breath alcohol tests conducted annually shall equal or exceed 25
percent of the number of"safety-sensitive positions" subject to testing.
4. Follow-Up and Return to Duty
Before returning to work, any employee who has been required to undergo or voluntarily
undergoes treatment for controlled substance or alcohol abuse must provide, at his expense,
test results showing the following: (1) no controlled substances in the employee's system;
and/or(2)a breath alcohol concentration of less than .02. In addition, the employee will be
subject to follow-up testing not to exceed 60 months following his return to work.
5. Refusal to Submit to Testing
Refusal to submit to testing is a violation of this policy. The following behavior constitutes
a refusal:
a. Refusal to take the test;
b. Inability to provide sufficient quantities of breath or urine to be tested without a valid
medical explanation;
c. Tampering with or attempting to adulterate the specimen or collection procedure;
d. Not reporting to the collection site in the time allotted; or
e. Leaving the scene of an accident without a valid reason before the tests have been
conducted.
TESTING PROCEDURE
1. Controlled Substances
Controlled substance testing shall be performed in a laboratory approved by Weld County
and certified by the Department of Health and Human Services,and conducted in accordance
with the Procedures for Transportation Workplace Drug Testing Programs. These
procedures include split-sampling which provides that a urine sample be split into two
separate containers. As a condition of the test, the employee must provide his home
telephone number(or other means of contacting the employee) to the laboratory at the time
of testing.
Controlled substance testing pursuant to this policy shall include testing for marijuana,
cocaine, opiates, amphetamines, and phencyclidine (PCP).
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Any positive initial test will be confirmed by a gas chromatography/mass spectrometry
(GC/MS) test.
Weld County shall contract for the assistance of a Medical Review Officer ("MRO") who
will receive the laboratory results of the testing procedure. The MRO shall be a licensed
physician and have knowledge of substance abuse disorders and the appropriate medical
training to evaluate positive test results,medical histories, and any other relevant biomedical
information. The MRO shall review all medical records made available by the tested
employee when a confirmed positive test could have resulted from legally prescribed
medication.
The MRO will be the sole custodian of the test samples and all appurtenant test information.
The MRO will advise Weld County only of the results of the testing and will not disclose to
the County or any other person or entity any other medical or personal information about the
tested employee.
After receiving notification of a verified positive test, an employee may request that the split
sample be analyzed. Such a request must be made within 72 hours of notification of the
verified positive test. If such a request is made, the sample will be tested at another
Department of Health and Human Services certified laboratory. The test results of the
second test will be made available to Weld County and the tested employee.
2. Alcohol Testing
Alcohol testing shall be conducted by a Breath Alcohol Technician using an Evidential
Breath Testing Device . The employee will provide a breath sample. If an employee's breath
alcohol concentration is greater than .02, a second test will be performed as confirmation.
Test results shall be handled in accordance with the standards set forth in Subpart D of§ 49 CFR
382. An employee's test results may be released to a prospective employer only with the written
authorization of the tested employee.
Any training required by the Federal Regulations will be arranged by the Weld County Personnel
Department.
Please contact the Weld County Personnel Department if you have any questions about this policy
or wish to discuss issues related to the use of controlled substances or the misuse of alcohol.
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ACKNOWLEDGMENT AND RECEIPT
I have received a copy of Weld County's Controlled Substance and Alcohol Policy for Certain
"Safety-Sensitive Positions" and understand that in order to continue my employment with Weld
County I must abide by the terms of this Policy.
I UNDERSTAND THAT THIS POLICY IN NO WAY IMPLIES, INFERS, OR GUARANTEES
MY CONTINUED EMPLOYMENT FOR A DEFINITE OR INDEFINITE TERM AND THAT I
MAY BE DISCIPLINED,UP TO AND INCLUDING TERMINATION, FOR REASONS OTHER
THAN FAILING TO FOLLOW THE TERMS OF THIS POLICY.
Employee's Signature Date
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