The pervasive presence of alcohol and substance abuse in our society and the adverse effect on employee health, safety, and productivity in the workplace requires the establishment of an effective, fair, and lawful policy governing the Kent County Levy Court.

The Kent County Levy Court, in a positive effort to provide a healthy and safe working environment for all of its employees, has developed a substance abuse policy.

It is therefore expected that all employees will maintain an appropriate level of fitness for duty. All persons covered by this Policy should be aware that violations of the Policy may result in discipline, up to and including termination, or in not being hired. The guidelines and procedures for this Policy are defined as follows, and shall cover all Kent County employees.

Preemployment substance screening.

Policy statement.

The appropriate law enforcement agency will be notified of any sale, distribution, possession, and/or use of illegal substances by an employee while on duty, during lunch and other breaks, or at any time while the employee is on a County work site or County working time.

Confirmation of drug or alcohol use or abuse will result in disciplinary action.

While use of medically prescribed or some otherwise legal medications and drugs is not a violation of this Policy, when such drug use adversely affects job performance, the employee will be required to use sick leave, and then a personal leave of absence, if necessary.

When taking medications or drugs which may interfere with the safe and effective performance of duties by a County employee, failure to notify an employee's supervisor before beginning work may result in a disciplinary action up to and including termination.

Discipline for being under the influence of alcohol or nonprescribed controlled substances during non-job-related activities will be based on the employee's work history, previous disciplinary actions, and previous identification of substance use problems.

When an employee's driver's license is suspended due to alcohol or drug use or abuse, and driving is required by the employee's job description, said employee is subject to disciplinary action or termination.

Substance screening for current employees:

Drug and alcohol use during off-hours will also violate this Policy when such usage impairs job performance, at which time an employee is subject to disciplinary action and the rules regarding reasonable suspicion.

When there is reasonable suspicion of alcohol and/or drug use by an employee involved in serious or repetitive accidents causing death or personal injury to self or others, and/or significant property damage, alcohol and drug tests shall be administered to employees immediately following such work-related incidents. Confirmation of such drug or alcohol use through documented reasonable suspicion and a positive drug/alcohol screen test shall be cause for termination.

It is the policy of the County to provide a just procedure for the presentation, consideration, and disposition of employee grievances. Such will be done in accordance with the personnel rules and regulations.

To insure accuracy, employee specimens must be given as soon as possible after charges of drug or alcohol use or abuse have been made. These charges must follow the guidelines for establishing reasonable suspicion.

In establishing reasonable suspicion, the supervisor or an employee suspected of being impaired by alcohol or drugs shall document his or her observations and confirm those observations with a higher ranking supervisor and/or department manager. Following such time, the supervisor and/or department manager may require the suspected, impaired employee to report to a designated physician, clinic, or hospital on the County's time and at the County's expense for a fitness for duty examination, which will include, but not be limited to, urine analysis testing.

Any employee who refuses to submit to said testing will be found in violation of this Policy. In such case, the determination of impairment made by the supervisor and/or department manager will be binding and the employee will be removed from the work site and subject to disciplinary action.

Alcohol and drug tests on employees immediately following work-related incidents that involve serious or repetitive accidents causing death or personal injury to self or others and/or significant property damage, when there is reasonable suspicion that alcohol and/or drug abuse by the employee is involved.

The Kent County Levy Court recognizes alcohol and/or drug dependency as a treatable condition. An employee whose job performance, health, or behavior has deteriorated as a result of alcohol or drug use may use the employee referral program and health coverage insurance as appropriate. Employees should contact the Personnel Office for additional information.

Volunteer efforts to seek and use such help will not jeopardize an employee's employment status. Such efforts will not appear on his or her personnel records if the employee volunteers prior to documented reasonable suspicion. However, said employees must follow suspension guidelines before returning to work.

Employees receiving treatment for drug or alcohol abuse may use sick leave, vacation leave, and then may be granted a limited leave without pay, or an extended leave without pay in accordance with established personnel policies.

Involvement of an employee in an alcohol and drug program does not suspend disciplinary measures which an employee may be subject to as a result of conduct or behavior which violates work rules or regulation or is contrary to County policy.

Employees placed on suspension from employment due to confirmed abuse of alcohol or drugs shall be required to complete the following before reinstatement to any position with the County government:

Upon completion of the above three items, a meeting attendance will be required at a designated counseling center to determine the condition of applicable disease. Attendance may also be required at meetings with the County Administrator and the Personnel Director to explain the diagnosis. The Personnel Director and the County Administrator will then consider the safety and security of the employee's employment and a decision will be made as to whether a suspension shall be lifted and reinstatement made in some capacity.

Any employee who has a positive substance screening must be given a return-to-duty substance screening before resuming duties. Additional unannounced screenings may be required by the Levy Court for up to 60 months after duties have been resumed. All costs of such return-to-duty screenings and treatment shall be the responsibility of the employee.

It is the policy of the Levy Court not to conduct random testing of existing employees. However, the County shall require unannounced retesting of employees who have agreed to such testing as part of a disciplinary action or rehabilitation program.

Laboratory reports or test results shall be maintained in an employee's confidential medical file. The reports or test results may be disclosed to a designated person in County management on a strictly need-to-know basis and to the tested employee upon request.