DRUG FREE WORKPLACE POLICY
A. General Policy and Definitions:
1. Policy: It is the policy of San Juan County that the following is expressly prohibited: The unlawful manufacture, distribution possession or use of a controlled substance of illegal drug; the distribution, dispensation, possession, or use of alcohol in the workplace; and/or impaired while on duty, on San Juan County property, or while representing San Juan County
a. In order to achieve a drug free work place, employees and applicants shall be required to participate in all of the following alcohol and drug testing:
i. When an applicant has been extended a conditional offer of employment but before beginning work.
ii. When there is a reasonable suspicion to believe that the employee has used illegal drugs, has illegally used drugs, or has the presence of illegal drugs in his or her system.
iii. When there is reasonable suspicion to believe that an employee is impaired while under the influence of any legal drug, illegal drug or alcohol.
iv. When the employee has been involved in an “on duty accident” or unsafe work practice.
v. On a random basis if the employee is in a safety-sensitive position.
vi. As a condition to return to duty after testing positive for controlled substances of alcohol.
vii. As part of follow-up procedures to employment related drug or alcohol violations
viii. As part of preannounced periodic testing.
2. Scope: This policy covers all employee of and applicants for employment at San Juan County.
3. Definitions:
a. The terms “alcohol” and “drugs” are defined according to Utah Code Ann. § 34-41-101(1), as amended. The term ”illegal drug” means any schedule I drug as defined under Utah Code Ann. § 58-37-4, as amended; a schedule II, III, IV, or V drug, or prescription medication used or consumed by the employee without a lawful prescription. The term “illegal drug” does not include any medication which has been lawfully prescribed for an employee by his or her physician and taken as directed
b. On Duty Accident. Any accident involving injury to person or property including the loss of life, or an accident in a vehicle resulting in the issuance of a moving traffic citation.
c. Drug and Alcohol Test. A drug or alcohol test is defined to mean a blood, urine, saliva, hair, breath, and/or any other scientifically recognized test to determine the presence of alcohol or a drug or the metabolite of a drug using any scientifically reliable analytical method.
d. Impaired. Being under the influence of any legal drug, illegal drug, or alcohol to such a degree that a person’s ability to react appropriately to ordinary situations has been demonstrably affected or there is a likelihood of causing self-harm, harm to another, or damage to property.
e. Legal drug. Any legally prescribed drug, over the county drug, or other drug that an employee is not restricted by law from using. The term “Legal drug” as used in this policy does not include alcohol as it is treated separately.
f. Positive test. The result on any drug and alcohol test showing the presence of alcohol or any illegal drug in an
employee’s system at or above cutoff levels defined below. A positive test shall also include detection of a legal drug or alcohol below the alcohol cutoff level identified below in an employee’s system when it is coupled with employee behavior that either demonstrates that the employee’s ability to react appropriately in ordinary situations is impaired or evidences a likelihood of causing self-harm, harm to another, or damage to property.
i. Illegal drug cutoff levels shall be the drug test cutoff levels generally accepted by the drug testing community or levels established by any means scientifically reliable analytical method.
ii. Alcohol cutoff level shall be a Blood Alcohol Content (“BAC”) level of 0.02 grams/ml or more.
g. Refusal to submit to testing. (a) failure or refusal to provide an adequate sample without a valid and verified medical explanation, after the employee has received notice that they are being tested or (b) engaging in conduct that clearly obstructs the testing process, including but not limited to, delaying the test to avoid the efficacy of the testing methodology used.
h. Reasonable Suspicion. An articulated belief based on recorded specific facts and reasonable inferences drawn from those facts that an employee is in violation of San Juan County’s drug and alcohol policy.
i. Safety Sensitive Duties. Any duties which directly affect the safety of governmental employees, the general public, or duties involving access to controlled substances as defined in Title 58, Chapter 37, Utah Controlled Substances Act, during the course of performing job duties.
j. Sample. A sample means urine, blood, breath saliva hair, or any other substance from which a drug and alcohol test can reliably identify the presence of alcohol and/or drugs in a person’s body.
B. Testing Policy
1. Testing Notice
a. Before performing any alcohol or drug test authorized by this Policy San Juan County, through its designated representative shall notify the employee being tested, verbally or in writing, whether the test being administered is required by Omnibus Transportation Employees Testing Act of 1991, or whether it is required by this policy.
b. San Juan County employees who, under applicable San Juan County job descriptions, are required to hold CDLs are required under rules established by the Federal Highway Administration to be subjected to pre-employment, reasonable suspicion, random, post-accident, return to duty and follow up drug and alcohol testing
i. When conducting any of the above-noted tests on CDL employees, San Juan county shall provide the employee with the following notice:
a. The drug and/or alcohol test you are being require to take is required under the rules established by the Federal Highway Administration pursuant to the Omnibus Transportation Employees Testing Act of 1991
b. If you refuse to submit to required testing you may be subject to disciplinary action, up to and including termination.
c. San Juan County employees are also subject to pre-employment, reasonable suspicion (if employment involves safety-sensitive duties), preannounced period testing, post-accident, return to duty, and follow-up drug and alcohol testing under this policy.
i. When conducting any of the above-noted tests pursuant to San Juan County Policies for any other reason other than those required by federal regulations and statutes identified in section B.1.b above, San Juan County shall provide the employee with the following notice:
a. The drug and/or alcohol test you are being required to take is required by the Personnel Policies and Procedures of San Juan County.
b. If you refuse to submit to the required testing you may be subject to disciplinary action, up to and including termination.
2. Pre-Employment Testing. San Juan County requires a final applicant selected for a position with San Juan County to undergo an alcohol and drug test to detect the presence of alcohol and illegal drugs in the body. Refusal to take such a test shall be grounds for denial of employment. An applicant who test positive for illegal substances or alcohol may be denied employment with San Juan County.
a. Drug and alcohol testing shall be conducted after the selected applicant has been extended a conditional offer of employment but before beginning work.
b. All of San Juan County’s job announcement and conditional offers of employment may contain the following notice:
i. All applicants selected for employment with San Juan County may be required to take a drug and alcohol test with negative results as a precondition of employment.
ii. A positive test result or failure to submit to the required testing shall result in the withdrawal of any condition offer of employment with San Juan County
c. If the final applicant tests positive for drugs or alcohol as set forth above, or refuses to submit to testing as defined by this policy, the conditional offer of employment shall be withdrawn in writing and the applicant shall not be employed by San Juan County.
3. Prohibited Employee Conduct
a. Employees shall not use or be in possession of alcohol, illegal drugs, or legal drugs obtained illegally, while on duty, on San Juan County premises or while in the San Juan County vehicles. San Juan County premises includes, building, parking lots, grounds, and vehicles owned by San Juan County or personal vehicles being used for San Juan County business.
b. Employees shall not use, be under the influence of, be in possession of, or be in such a condition as to test positive for alcohol or illegal drugs while on duty, on San Juan County premises or while in San Juan County vehicles. San Juan County premises includes building, parking lots, grounds and vehicles owned by San Juan County or personal vehicles being used for San Juan County business.
c. Employees shall not be impaired while on duty, on San Juan County premises, including buildings, parking lots, ground and vehicles owned by San Juan County, or while representing San Juan County.
d. Employees violating the terms of this Policy shall be subject to questioning and disciplinary action.
e. Any employee violating this Policy may be subject to immediate termination.
4. Reasonable Suspicion Testing
a. When a designated Department Head or other responsible individual make a determination that there is reasonable suspicion to believe that an employee is using or has used and has alcohol or illegal drugs in his or her system; is under the influence of, or is in possession of alcohol or illegal drugs; or is impaired the employee shall be subject to drug or alcohol testing.
i. The Department Head or other responsible individual making the determination that reasonable suspicion exists shall submit written documentation setting forth the specific contemporaneous articulable observation that resulted in the reasonable suspicion determination. Reasonable suspicion of use of illegal or alcohol may also be based on observation of indication of the chronic and withdrawal effects of those substances.
a. The required observations underlying reasonable suspicion testing must be made by a Department Head or San Juan County official who has received at least two (2) hours training on physical, behavioral, speech, and performance indicators of alcohol and/or drug use.
b. Observations underlying the reasonable suspicion testing must be documented in writing and signed by the Department Head or San Juan County designated official within twenty-four (24) ours or before the results of the test are announced, whatever is later.
b. Reasonable suspicion testing may not be conducted by the same Department Head or responsible individual who make the reasonable suspicion determination.
c. Upon required testing due to reasonable suspicion, the employee shall not engage in the operation of any San Juan County equipment or engage in any employment related duties until the results of the test are received and the employee is released back to work.
5. Random Testing
a. Employees assigned to, or performing, safety sensitive duties are subject to random drug/alcohol tests
b. Random tests shall be both of the following
i. Unannounced
ii. Reasonably spread throughout the year.
c. Each employee within a testing pool must have an equal chance of being tested each time a random test is conducted.
d. Random Testing for CDL Drivers.
i. Employees having CDL licenses may be subjected to random alcohol testing only while performing safety sensitive function, just before the driver is to perform safety sensitive functions or just after the driver has ceased performing safety sensitive function when those test are conducted not pursuant to the requirements of the separate provision of this Policy found in section B.5.e but only pursuant to federal regulations.
ii. Drug test may be performed at any time the drive is on duty.
iii. Employees having CDL licenses are also subject to random testing pursuant to section B.5.e. Tests conducted pursuant to that subsection are not subject to the requirements of this subsection.
e. Random testing for safety sensitive employees not having CDL licenses. (a) Employees performing safety sensitive duties but not having CDL licenses and (b) employee with CDL licenses when performing safety sensitive duties unrelated to their CDL licensure may be subjected to random alcohol and drug tests any time the employee is on duty.
f. Pool Testing – Consortiums
i. San Juan County may join a consortium with testing pool large enough so that San Juan County’s CDL drivers are always subject to random testing and the required annual testing rate shall be met by test conduct of all drivers in the pool.
ii. If and when San Juan County chooses to join a drug/alcohol testing consortium, San Juan County shall designate a liaison to coordinate with the testing consortium and obtain and maintain all of the following records and information:
a. How the random pool was assembled
b. The method of selection and notification of the drivers
c. The location of collection sites.
d. Methods of reporting the test results on each employee
e. Summary reports on the consortiums program showing that the consortium tested at the prescribed minimum annual rates for alcohol and/or controlled substances.
6. Post Accident Testing
a. Any employee involved in an on duty accident that by observation of the employee and the circumstances of the accident reasonably could indicate violation of the County drug and alcohol policy shall be tested as soon as practical for alcohol and drugs.
i. An employee who is subject to post-accident testing shall remain readily available for such testing or shall be deemed to have refused to submit to testing
ii. The results of test conducted by federal, state or local law enforcement officers having independent authority to conduct tests to detect alcohol or drugs may be used by the employer to meet post-accident testing requirements.
b. Upon requested testing due to an accident, the employee tested shall not engage in the operation of any San Juan county equipment or engage in any employment related duties until the results of the test are received and the employee is released back to work.
7. Preannounce Period Testing San Juan County may test all of its employees on a regular, periodic basis so long as the testing is conducted pursuant to a schedule that identifies periodic intervals for the testing and that the employees who are to be tested on any scheduled test date are notified, at least two weeks in advance of the dated of the test. Additionally, the testing schedule should be available for employees inspection after the schedule is set.
8. Consequences of Positive Drug/Alcohol Test
a. Except for in situation described in subsection 1 below, all drug test conducted pursuant to this Title 8 shall require a split urine sample of at least 45 ml of urine. The urine shall be divided into two specimen bottles with at least 30 ml of urine in one bottle and at least 15 ml of urine in the other.
i. If an employee attempts to evade an alcohol or drug test and delays the test past the time that a drug test on a sample of urine will be effective to identify drug or alcohol use, San Juan County may test a sample in any other approved method identified in this policy that will effectively test for the presence of alcohol or drugs.
b. The test shall be conducted during or immediately after the regular work period of the employee and shall be considered paid work time for the employee.
c. San Juan County shall pay all the expenses of the sample collection, testing, and transportation for testing conduct off the worksite.
d. A test shall be conducted by an entity that is independent of San Juan County and certified for employment drug testing by either the Substance Abuse and Mental Health Services Administration or the College of American Pathology. Additionally, all instructions, chain of custody forms, and collection kits used for sample collection shall be prepared by that entity.
i. The entity taking the samples shall ensure that (a) the collection of samples is performed under reasonable and sanitary conditions, (b) the collection method ensures the privacy of the person being tested, and (c) the manner is reasonable calculated to prevent substitutions or interference with the collection or testing of reliable samples.
ii. The entity shall also ensure that (a) the samples are labeled and sealed so as to reasonably preclude the probability of erroneous identification of test results, (b) those being tested have a chance to provide identification of currently used or recently used prescription or nonprescription drugs or other relevant medical information, (c) sample collection, storage, and transportation to the place of testing are performed in a manner that reasonably precluded the probability or sample misidentification, contamination, or adulteration and (d) sample testing conforms to scientifically accepted analytical methods or procedures.
iii. The entity shall verify or confirm any positive initial screening by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical methods.
e. San Juan County shall ensure that the employee or prospective employee be notified as soon as possible the results of the test and the employees’ option to have the 15 ml urine sample tested at equally shared expense of the employee and San Juan County. The notice shall be given (a) by telephone at the employees last known telephone number, or (b) in writing at his or her last known address of the results of the initial test.
f. Positive Test Results
i. Alcohol
a. If an employee’s drug or alcohol test is positive for alcohol the employee shall be subject to discipline pursuant to the policies established in the Personnel Policies and Procedures Manual. Additionally, the employee shall be removed form, and cannot return to a safety sensitive function until at a minimum all of following are met:
i. The employee undergoes evaluation by a substance abuse professional and, where necessary, rehabilitation.
ii. The substance abuse professional determines that the employee has successfully complied with any required rehabilitation.
iii. The employee undergoes a return to duty test with no positive alcohol or illegal drug test results.
b. In the event a test establishes a BAC level under 0.02 gram/ml but establishes a BAC levels at or between 0.01 to 0.019 gm/ml San Juan County shall retest an employee after fifteen minutes.
c. If after retest, the BAC is 0.02 to 0.039 grams/ml the employee shall not be permitted perform any safety- sensitive functions and shall suffer no disciplinary sanctions except as indicated in subsection e below.
d. If after retest the BAC level is at or below 0.01 to 0.019 gram/ml, the employee shall (a) suffer disciplinary sanction except as indicated in subsection e below and (b) have no restriction unless signs and indicators of impairment are evident and articulated by a trained and certified drug and alcohol evaluation technician, if after the evaluation, it appears that the employee is impaired, he or she shall not be permitted to perform any safety related function.
e. The employee may be subject to discipline pursuant to the policies established in the Personnel Policies and Procedures Manual if the employee consumed alcohol with the intention or becoming impaired, took the alcohol knowing that was a possibly o impairment and despite that knowledge, conducting safety-sensitive functions, or the employee has had a previous history of violation of the drug policy.
ii. Illegal Drugs. If an employee’s drug or alcohol test is positive for illegal drugs, the employee shall be subject to discipline pursuant to the policies established in the Personnel Policies and Procedures Manual. Additionally, the employee shall be removed from, and cannot be returned to, a safety sensitive position until, at a minimum, all of the following are met:
a.The employee undergoes an evaluation by a substance abuse professional, and where necessary, rehabilitation.
b. The substance abuse professional determines that the employee has successfully complied with any required rehabilitation
c. The employee undergoes a return to duty with a verified negative test result of illegal drugs or alcohol
iii. Legal Drugs
a. If an employee’s drug or alcohol test is positive for a legal drug other than alcohol, the employee may be subject to discipline pursuant to the policies established in the Personnel Policies and Procedures Manual if the employee took the legal drug with the intention of becoming impaired, took the legal drug knowing that there was a possibility of impairment and, despite that knowledge, conducting safety-sensitive function, or the employee has had a previous history of violation of the drug policy. Additionally, the employee shall be removed from, and cannot return to a safety sensitive function until, at a minimum, all of the following are met:
i. The employee undergoes evaluation by a substance abuse professional and, if necessary, rehabilitation
ii. The substance abuse professional determines that the employee is no longer impaired, or, if rehabilitation was deemed necessary, that rehabilitation was successfully completed.
9. Follow- Testing. With the exception of an isolated instance of an unintentional violation through the use of a legal drug that caused impairment, employees who have violated this Policy and continue to work for San Juan County shall be subject to follow up drug/alcohol testing for a period not less than one (1) year and not to exceed sixty (60) months.
a. Employees subjected to follow up testing will be tested a minimum of six (6) time in the first (1st) twelve (12) months following their return to duty
b. Follow-up testing beyond one (1) year shall be based on a needs assessment provided by a substance abuse professional.
10. Miscellaneous
a. San Juan County maintains the right to conduct announced inspections of San Juan County owned property, work station, equipment, desks, cabinets, vehicles, etc. this property is the property of San Juan County and individual employees should expect no privacy with respect to the use of this property.
b. San Juan County maintains the right to utilize detecting methods necessary for the enforcement of this policy including blood, urine or other test, and the use of electronic detection equipment and trained animals.
c. Failure to cooperate with these detection methods or inspections is grounds for disciplinary action up to an including termination of employment.
d. Employees may direct any questions regarding this policy to the personnel officer.
