§ 86-871. Consequences of post accident testing

In the case of a positive test result from post accident testing:

(1) Alcohol.

a. If the alcohol test result shows an alcohol concentration level of 0.02 to 0.039 when measured per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine, then the supervisor must:

1. Ensure the employee is safely transported home;

2. Place the employee on leave without pay and not allow him to return to work for a 24-hour period;

3. Take disciplinary action, which shall involve at least a written warning to the employee upon return to work. Stronger disciplinary action may be taken in compliance with the county's disciplinary policy if the supervisor deems it appropriate; and

4. Provide information to the employee regarding the county's employee assistance program.

b. If the alcohol test result shows an alcohol concentration level of 0.04 percent or greater grams of alcohol when measured per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine, then the supervisor must:

1. Ensure the employee is safely transported home;

2. Notify the employee, in writing, of his termination from the county; and

3. Notify the designated department representative who will provide the employee with referral information regarding local substance abuse professionals. In order to maintain strict confidentiality, one designated department representative in the county's human resources/civil service department handles all matters pertaining to drug and alcohol testing.

(2) Drugs.

a. If the supervisor has reasonable cause to believe an employee is under the influence of drugs, then the supervisor must:

1. Transport the employee to the nearest county approved drug test facility;

2. After testing, ensure the employee is safely transported home; and

3. Suspend the employee with pay until the result of the drug test has been received.

b. If the drug test result is positive:

1. Medical review officer will contact the employee to discuss the positive test result. The employee may request the split specimen be tested at a different DHHS-certified laboratory for presence of the drug(s) for which a positive result was obtained in the test of the primary specimen. (The medical review officer (MRO) is a licensed physician responsible for interpreting the results of drug tests. The MRO is hired by the certified laboratory under contract with the county).

2. Medical review officer shall honor such a request if it is made within 72 hours of the employee having been notified of a verified positive test result.

3. The split sample testing shall be at the employee's expense.

4. Medical review officer will notify the designated county representative of the positive drug test result and the intention of the employee to request the second sample be tested.

5. Designated county representative will notify the supervisor.

6. Supervisor will then immediately notify the employee that he is being suspended without pay pending the 72-hour appeal process or until receipt of the result of the split-sample second test result. If the split-sample second test result comes back negative, the first test result will be rendered negative, and the employee will be reimbursed for the expense of the split sample and reinstated, with back pay. However, if the employee fails to request the testing of the split-sample or if the split-sample second test result comes back positive, the employee will immediately be terminated from employment with the county.

7. Designated county representative will be notified and he will provide the employee with referral information regarding local substance abuse professionals.

(Ord. No. 2007-912, 5-1-2007)