Drug Policy and Procedures Policy No: 1003
Original Date: May 13, 2006
Supersedes Policy Date:
Revised Effective Date:
1003 DRUG POLICY and PROCEDURES
DRUG FREE WORKPLACE
Bonner County is committed to having a “Drug Free Workplace” policy consistent with the requirement of Public Law 100-690, Title V, Section 1515. It is a condition of employment with Bonner County that all Bonner County employees comply with this policy.
Bonner County is committed to programs that promote safety in the workplace, employee health and wellbeing and public confidence. Consistent with the spirit and intent of this commitment, Bonner County has developed a policy which complies with Public Law 100-690, Title V, Section 1515. A copy of the Bonner County Drug Policy and Procedures can be obtained through the Human Resources Office.
Bonner County is committed to providing a safe work environment, fostering the well- being and health of its employees, encouraging programs that promote safety and public confidence. That commitment is jeopardized when any Bonner County Employee illegally uses drugs on the job, comes to work under the influence of such, or possesses, distributes or sells drugs in the workplace. Therefore, Bonner County has established the following policy pursuant to Section II, E of the Bonner County Personnel Policy and Procedure Manual:
A. It is a violation of Bonner County policy for any employee to possess, sell, trade, manufacture, transport, or offer for sale illegal drugs or otherwise engage in the illegal use of drugs on the job.
B. It is a violation of Bonner County policy for anyone to report to work under the influence of illegal drugs and/or alcohol.
C. It is a violation of the Bonner County policy for anyone to use prescription drugs illegally. (However, nothing in this policy precludes the appropriate use of legally prescribed medications.)
D. It is a violation of the Bonner County policy for anyone to bring drug paraphernalia as defined by Idaho Code onto Bonner County property at any time.
E. Violations of this policy are subject to disciplinary action up to and including termination.
The only exclusion to these rules would be for law enforcement employees whose duties necessitate possession or use of such substances, and who have express written authority from a person authorized to extend such authority by Bonner County.
A. It is the intent of Bonner County to establish a drug free work place for the safety and health of Bonner County employees, customers and the general public; to increase employees’ productivity and work quality; to meet the Department of Transportation (DOT) 439 CFR Part 40 and 382 mandates; and also to support the objectives of “Idaho Private Employer Alcohol and Drug Free Workplace Act”, Idaho Code Section 712‐1701, et, seq.
B. In keeping with Bonner County’s commitment to provide a drug free work place for its employees, the Board of County Commissioners shall direct investigation and take remedial action whenever there is reason to believe that the unlawful manufacture, distribution, possession or use of an illegal substance and/or alcohol is present. Other persons such as contractors while performing duties for Bonner County who violate these prohibitions will not be allowed on Bonner County premises, and such violations may be grounds for a termination of their relationship or duties performed for Bonner County.
C. If a violation has taken place, disciplinary action against the offending Bonner County employee may follow. Appropriate disciplinary action may include termination. Any illegal substance that is found in the possession of an employee or on the premises will be turned over to the appropriate law enforcement agency and may result in criminal prosecution.
D. Employees will not be permitted to work with a detectable level of prohibited drugs in their system. The basis for determining “under the influence” and/or “detectable level” is, for the purposes of this policy, a positive test result for drugs and/or alcohol. A positive test for alcohol shall be a result of .02 alcohol content or more. Prohibited drugs include both illegal and legal substances, including alcohol or prescription drugs that have not been specifically prescribed by a licensed physician for specific treatment purposes of the employee at that time. The restriction shall not apply to over the counter medications provided such medications do not prevent the employee from performing his/her duties.
E. All employees must notify their immediate supervisor or appropriate elected official of any criminal drug statute violations or alcohol violations involving county employees occurring on or off the County’s work time. A report of a citation involving drugs or alcohol must be made to Bonner County within the same day of receiving the citation, unless unusual circumstances exist. In that case, the report must be made the following day, or within 48 hours of the issued citation. If the employee is convicted of a violation of the same, they must notify their immediate supervisor or appropriate elected official of said conviction no later than five (5) calendar days after the conviction. Also, employees must notify their immediate supervisor or appropriate elected official of any alcohol related conviction no later than five (5) calendar days after conviction. Employees who are convicted under any criminal drug statute for violation are subject to disciplinary action, up to and including dismissal. Employees who are convicted under any alcohol related statute are subject to disciplinary action up to and including termination of employment.
1003.3. CONDITION OF EMPLOYMENT‐ Employee or Prospective Employee
A. Prospective employees ‐ All successful job applicants, as a condition of employment, shall be required to take and pass a drug/alcohol test. A “Consent and Release form” must be signed at the Personnel Office prior to receiving the test. This test shall be paid for by the appropriate department hiring the individual. Any prospective employee who tests positive for drugs or alcohol will be given a written notice of that test result. They will also be given the opportunity to discuss and explain the positive test result with a medical review officer from Occupational Medicine Associates.(See IV, A).The prospective employee may request that the same sample be retested by a mutually agreed upon laboratory. The request for the retest must be done within seven working days from the date of the first confirmed positive test notification and will be paid for by the prospective. No applicant will be employed until a negative drug/and or alcohol test is reported to Bonner County. The only exception will be for seasonal positions hired for a period of two months or less due to budgetary restrictions. Upon a confirmed positive test for drugs and/or alcohol or refusal, Bonner County may refuse to hire a prospective employee. Any prospective employee, who is in treatment for substance, may be required by Bonner County to establish and sign a contract for continued compliance.
B. Employees – Reasonable Suspicion ‐ When there is reasonable evidence, as observed by a trained/designated supervisor, to suspect any employee has reported to work impaired is working impaired, he or she may be requested to submit to a drug and/or alcohol screening. “Impaired” means under the influence of a substance, such that the employee’s motor senses (i.e. sight, hearing, balance, reaction time, reflex, etc.) or judgment are affected in such a way that job performance is affected. Any employee who tests positive for drugs or alcohol will be given a written notice of that test result. They will be given the opportunity to discuss and explain the positive test result with a medical review officer. Bonner County may use such test or conduct as a basis for disciplinary, up to and including termination. If the employee disputes the test results they may request that the same sample be retested by a mutually agreed upon laboratory.
The request for the retest must be done within seven working days from the date of the first confirmed positive test notification and may be paid for by the employee. If the retest results in a negative test outcome, Bonner County will reimburse the cost of the retest, compensate the employee for his/her time while suspended, or if terminated solely because of the positive test, the employee shall be reinstated with back pay.
C. Post‐accident testing – Vehicle ‐ All county employees driving a county owned vehicle or their own personal vehicle for county business will be required to submit to a drug and alcohol test when involved in an accident with damages exceeding $1,000.00 or physical injuries occur. Testing must occur and be completed as soon as practicable as specified in DOT requirements under Part 382.303, but no later than 24 hours of the accident. A driver subject to post accident testing must remain available for testing. If the driver does not remain available, this action is considered a refusal to submit to testing. A driver will be considered available for testing if he/she leaves the accident for verifiable medical treatment of anyone involved in the accident.
D. Right Not To Be Tested ‐ an employee does have the right to refuse to be tested.
However, the refusal to submit to a physical testing will be considered a positive testing, and is grounds for disciplinary action up to and including termination.
However, the refusal to submit to a physical testing will be considered a positive testing,
and is grounds for disciplinary action up to and including termination.
1003.4. TESTING PROCEDURES
A. Occupational Medicine Associates through Bonner General has been designated as the administrator for Bonner County’s Drug Free Workplace program. All sample collection activity and drug/alcohol cut‐off levels will be consistent with requirements established by the Occupational Medicine and Associates, with the exception of employees operating county equipment requiring CDL licenses. These employees will be subject to additional rules and regulations established by the Department of Transportation, also administered by Occupational Medicine Associates.
B. All in dividable who are required to be tested under the conditions of this policy, excluding Elected Officials, will report to Occupational Medicine/Bonner General or the Priest River Clinic, Bonner County’s designated collection sites, at the requested time.
1003.5. EMPLOYEE RIGHTS AND OBLIGATIONS
A. The appropriate department of the employee shall pay for the costs of initial drug and/or alcohol tests pursuant to this policy.
B. Any time spent for drug testing shall be considered work time. Successful job applicants/prospective employees shall not be paid for any time spent for drug/alcohol testing
C. Decisions associated with retention of an offending employee would include satisfactory participation in a drug or alcohol abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement or other appropriate agency. A condition of continued employment following treatment for substance abuse may include random drug and/or alcohol screening. The screening will be random and set up according to the terms of a re‐entry contract. The re‐entry contract will be established on a case by case basis established between the elected official and the employee. Employees that hold CDL licenses will follow the guidelines set forth by the DOT.
Bonner County has a commitment to maintaining confidentiality of drug and alcohol testing information. All information, interview, reports, statements, memoranda or test results, written or otherwise, received through a substance abuse testing program shall be kept confidential and are intended to be used only for an employer’s internal business use; or in a proceeding related to the discharge of the employee. Laboratory, medical review officer, Occupational Health and Bonner County staff who receive or have access to information concerning test results shall keep the information confidential.
1003.7. EMPLOYEES ACKNOWLEDGEMENT
A. All Bonner County employees are required to view and acknowledge receipt of a copy of Bonner County’s “Drug Policy and Procedures” by signing and dating an employee acknowledgement form.
B. All Bonner County Prospective Employees shall sign an acknowledgment of receipt of a copy of the “Bonner County Drug Policy and Procedures” before they sign a “Consent and Release” form for the pre‐ employment drug testing.