[Ord. No. 95-205 §1, 12-27-1995]
A.
It is the policy of St. Charles County to ensure that its employees are free from impairments due to drug and alcohol use. It is also the policy of St. Charles County to comply with the requirements of the Drug-Free Workplace Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991, in order to provide safe, dependable, and economical services to the citizens of the County and to provide safe working conditions for its employees.
B.
To meet these goals, it is the policy of the County to insure that its employees are not impaired in their ability to perform assigned duties in a safe, productive and healthy manner; to create a work place environment free from the adverse effects of alcohol and controlled substances abuse or misuse; to prohibit the unlawful manufacture, distribution, dispensing, possession or use of alcohol and controlled substances; and to encourage employees to seek professional assistance when personal problems, including alcohol and controlled substance dependency, adversely affect their ability to perform assigned duties.
[Ord. No. 95-205 §2, 12-27-1995]
The purpose of this policy is to assure worker fitness for duty and to protect employees and the public from the risks posed by the use of alcohol and controlled substances. It is also the purpose of this policy to comply with all applicable Federal and State regulations governing work place alcohol and controlled substance abuse programs mandated under the above-noted acts. These acts mandate urine drug testing and breathalyzer alcohol tests for safety-sensitive positions and prevent performance of safety-sensitive functions when there is a positive test result. The Federal law has also established standards for collection and testing of urine and breath specimens, the reporting of certain drug-related offenses, protective measures for certain employees tested, for the preservation of confidentiality, and for certain reporting.
[Ord. No. 95-205 §3, 12-27-1995]
As used in this Part of the Personnel Policy, the following words shall have these prescribed meanings:
A driver's license issued by the State of Missouri pursuant to the Uniform Commercial Driver's License Act, Sections 302.700—302.780, RSMo., (1994), as presently enacted or as amended hereafter.
A motor vehicle for transporting passengers or property, as defined by the Uniform Commercial Driver's License Act, Section 302.700.2(6), RSMo., (1994), as presently enacted or as amended hereafter.
Any controlled substance as defined by the Drug-Free Workplace Act of 1988, as presently enacted or as amended hereafter.
Any position identified as safety-sensitive by regulations adopted by agencies of the United States Department of Transportation pursuant to the Omnibus Transportation Employee Testing Act of 1991 (including but not limited to any position which requires commercial driver's licenses).
Any failure to immediately report to the test site to participate in the required testing under this policy.
Any person in the service of St. Charles County except contractors.
A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results from St. Charles County's drug testing program, and trained to interpret and evaluate an individual's confirmed positive test result along with that individual's medical history and other relevant biomedical information.
A licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances related disorders.
[Ord. No. 95-205 §4, 12-27-1995; Ord. No. 12-100 §14, 12-18-2012]
A.
Pursuant to the Drug-Free Workplace Act of 1988 and St. Charles County's Personnel Administration Program, County employees are subject to the following prohibitions and requirements:
1.
No employee may unlawfully manufacture, distribute, dispense, possess or use any illegal drug or controlled substance in the workplace, to include possession of drug paraphernalia.
[Ord. No. 19-112, 12-17-2019]
2.
All employees must report, as provided by the mandatory reporting requirement of St. Charles County's Personnel Administration Program, their arrests, indictments, convictions, pleas of nolo contendere or impositions of sentence for the unlawful manufacture, distribution, dispensation, possession or use of controlled substances, whether on or off duty. In no case may an employee report such a conviction, plea, or imposition of sentence any later than five (5) days after such conviction, plea or sentence.
3.
Any employee who violates Subsection (A)(2) of this Section shall be subject to immediate termination.
4.
Within thirty (30) days after an employee reports any conviction, guilty plea or plea of nolo contendere as required by Subsection (A)(2) of this Section, the employee's appointing authority shall take appropriate disciplinary action against such employee up to or including termination, or require such employee satisfactorily to participate in a drug abuse assistance or rehabilitation program.
B.
Pursuant to the Drug-Free Workplace Act of 1988, the County shall make available to its employees counseling and information on drug abuse, as follows:
1.
Any employee who abuses alcohol or medications or who unlawfully uses controlled substances may seek assistance through St. Charles County's Employee Assistance Program;
2.
The Human Resources Director shall publish a statement notifying employees of the provisions of Subsection (A)(1—4) of this Section and Subsection (B)(1) of this Section, and informing employees that compliance with the provisions of Subsection (A)(1—4) of this Section is a condition of employment by the County; and
3.
The Human Resources Director shall establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the County's policy of maintaining a drug-free workplace; the availability of drug counseling and rehabilitation programs, including the County's Employee Assistance Program; and the penalties that may be imposed upon employees for drug abuse violations.
C.
All employees are also subject to the following prohibitions and requirements:
1.
No employee may possess or consume alcohol while on duty, on County premises during business hours, or in a County vehicle whether or not while on duty. However, an employee may possess alcohol if the employee secures his or her supervisor's, appointing authority's, or elected official's authorization to do so in advance.
[Ord. No. 19-112, 12-17-2019]
2.
No employee may unlawfully manufacture, distribute, dispense, possess or use a controlled substance off duty.
3.
No employee may operate a County vehicle or other machinery under the influence of alcoholic beverages, illegal drugs, or any other substance whose side effects may inhibit or impair the employee's performance.
[Ord. No. 19-112, 12-17-2019][1]
[1]
Editor's Note: This ordinance provided for the renumbering of former Subsection (C)(3) as Subsection (C)(4) and repealed former Subsection (C)(4), regarding disciplinary action due to an employee's loss of a commercial license if that license is required for their position.
4.
No employee whose position requires the possession of a valid commercial driver's license may:
a.
Operate a commercial motor vehicle of or for St. Charles County:
b.
Consume alcohol within eight (8) hours after an accident as specified in Section 115.830(A)(3)(d) of this Part.
5.
Any employee who is consuming a prescribed or authorized prescription drug, or any other substance whose side effects may inhibit or impair the employee's performance, shall notify his appointing authority or supervisor of such consumption, upon reporting to work and prior to engaging in any work related activity, or earlier if possible.
[Ord. No. 95-205 §5, 12-27-1995]
[Ord. No. 95-205 §6, 12-27-1995; Ord. No. 12-100 §15, 12-18-2012]
A.
Unless otherwise designated by the County Executive in writing, the Human Resources Director shall be the Program Administrator for the drug and alcohol testing program for St. Charles County employees.
B.
Duties of the Program Administrator include:
1.
Administering the drug and alcohol testing program under the supervision of the County Executive.
3.
Notifying applicants for covered positions that these positions are covered positions under this drug and alcohol testing program.
4.
Developing all forms necessary to carry out this drug and alcohol testing program, unless the forms are provided under the Federal regulations.
5.
Providing the required forms to appropriate persons who are responsible for the implementation and management of this drug and alcohol testing program.
6.
Answering all inquiries concerning this drug and alcohol testing program, its application, its administration, or its interpretation, subject to Section 115.890 of this Part of the Personnel Policy.
7.
Maintaining all records developed and/or acquired by the drug and alcohol testing Program Administrator pursuant to this Part of the Personnel Policy.
8.
Requesting bids and proposals from potential contractors for professional services required by this Part of the Personnel Policy.
[Ord. No. 95-205 §7, 12-27-1995; Ord. No. 11-025 §6, 5-2-2011; Ord. No. 12-100 §16, 12-18-2012]
A.
Job applicants and employees shall be subject to testing for alcohol and for the five (5) drugs listed in Section 115.840(A)(1) of this Part of the Personnel Policy, as follows:
1.
Pre-employment testing. Pre-employment urine testing in the manner described in Section 115.840(A) of this Part of the Personnel Policy is required of all job applicants as a condition of the application procedure, whether or not the applicants are currently employed by the County, unless the applicant or employee can show satisfactory test results of urine testing within the previous thirty (30) day period. Receipt of satisfactory test results is required prior to commencement of employment and/or engaging in safety-sensitive functions. Pre-employment testing may be performed by a third party entity and those results accepted by the Director of Human Resources upon the determination by the Director that the testing procedure is in substantial compliance with the requirements of this Part. Failure of a drug test disqualifies an applicant from appointment to employment for a period of at least one hundred eighty (180) days. Evidence of the absence of drug dependency from a Substance Abuse Professional (SAP) and negative drug tests shall be required prior to further consideration for any employment, along with reports on any drug use by the job applicant from prior employers, supplied under the job applicant's written authorization.
[Ord. No. 22-088, 12-19-2022]
2.
Reasonable suspicion testing.
a.
Reasonable suspicion testing for alcohol and for the drugs listed in Section 115.840(A)(1) of this Part of the Personnel Policy is required to determine fitness for duty whenever there are objective observable reasons to believe that use of alcohol or such a drug impairs job performance by employees.
b.
Such testing may only be ordered on the basis of documented objective facts and circumstances which are consistent with the effects of substance use. Such facts and circumstances must be observed during, just before or just after the work day. Such observations may be made only by supervisors and managers trained to detect signs and symptoms of alcohol and drug use, and able reasonably to conclude that an employee's observed conduct is consistent with such signs and symptoms.
c.
Any supervisor or manager who orders an employee to report for reasonable suspicion testing must prepare and sign a report recording the observations that led to the testing order. That report must be prepared and signed within twenty-four (24) hours of the observations or before the results of the testings are released, whichever is earlier.
d.
Any employee ordered to report for reasonable suspicion testing shall be transported to the testing facility. Supervisors and managers shall make reasonable efforts to secure transportation home for such employees.
e.
Any employee ordered to report for reasonable suspicion testing shall be relieved from duty until the results of the testing are received. If the results are negative the employee shall be reimbursed for any loss of pay, and any leave taken shall be restored.
f.
Reasonable suspicion testing for alcohol shall be required and completed whenever possible within two (2) hours but in no case later than eight (8) hours after the observations leading an employee's supervisor to direct that employee to submit to such testing.
g.
Reasonable suspicion testing for drugs shall be completed no later than thirty-two (32) hours after the observations leading an employee's supervisor to direct that employee to submit to such testing.
3.
Post-accident testing.
a.
Post-accident testing for alcohol and for the drugs listed in Section 115.840(A)(1) of this Part of the Personnel Policy shall be required for employees who hold covered positions and who, while performing their safety sensitive functions as defined by regulations adopted by agencies of the United States Department of Transportation pursuant to the Omnibus Transportation Employee Testing Act of 1991, are involved in accidents leading to fatalities or to citations under State or local law for moving violations.
b.
Post-accident testing for alcohol shall be required and completed whenever possible within two (2) hours but in no case later than eight (8) hours after the accident's occurrence.
c.
Post-accident testing for drugs shall be completed within thirty-two (32) hours of the accident's occurrence.
d.
Any employee involved in an accident shall refrain from alcohol consumption for eight (8) hours following the accident.
4.
Random testing.
a.
Random testing for alcohol and for the drugs listed in Section 115.840(A)(1) of this Part of the Personnel Policy shall be conducted on all employees in covered positions. Random testing shall be unannounced and conducted with unpredictable frequency throughout the year using an established scientifically-based selection method.
b.
Testing shall be conducted whenever and as ordered by appropriate supervisory personnel, but shall be no less frequent than required by Federal law and regulations, in such numbers as required by Federal law and regulations. Such testing shall be conducted only when the employee in question is, or is about to, or has just performed safety-sensitive functions.
c.
Employees selected for random testing must report to the collection site within two (2) hours of being notified and may be accompanied by a supervisor to the collection site. This time will be counted as work time even if it extends beyond the employees' regular shift.
5.
Return to work testing. Return to work testing for alcohol and for the drugs listed in Section 115.840(A)(1) of this Part of the Personnel Policy shall be required for any employee who previously tested positive on any test for alcohol or such drugs that is required by this Part of the Personnel Policy. An employee may not return to work until and unless the employee tests negative on return to work testing and is evaluated and released to return to work by a Substance Abuse Professional (SAP).
6.
Follow-up testing. Follow-up testing for alcohol and/or the drugs listed in Section 115.840(A)(1) of this Part of the Personnel Policy shall be required for any employee who has returned to work after passing return to work testing. Such follow-up testing shall consist of frequent unannounced random urine drug and/or breath alcohol testing for at least six (6) times in the twelve (12) months after return to work. The Substance Abuse Professional (SAP) may recommend follow-up testing for both alcohol and drugs. If the SAP determines that the employee needs continued assistance in revolving problems associated with alcohol abuse or drug use, such testing may be continued for up to sixty (60) months from the employee's return to work date.
B.
Any employee who questions the results of a required urine drug test under this drug and alcohol testing program may request that an additional test be conducted. The test must be conducted on a split sample that was provided at the same time as the original sample and the test analysis shall be conducted at a qualified laboratory other than the laboratory which conducted the original analysis. All costs for employee-requested testing shall be paid by the employee unless the second (2nd) test invalidates the original test. An employee's request for a re-test must be made to the Medical Review Officer (MRO) within seventy-two (72) hours of the notice to the employee of the initial test result. Requests made after the seventy-two (72) hour limit will only be accepted if the delay was due to documentable facts that were beyond the control of the employee.
C.
The method of collecting, storing, and testing the split urine sample required under this drug and alcohol testing program shall be consistent with the procedures established in 49 Code of Federal Regulations Part 40.
D.
If the County receives a negative test result indicating that the sample was diluted, the applicant or employee will be immediately scheduled for an additional sample collection.
E.
Any employee shall be considered to have tested positive and shall be subject to all of the consequences that flow from testing positive, in case of:
1.
An employee's delay in reporting to the test site after being ordered to submit to testing;
2.
An employee's refusal to provide a sufficient urine sample for testing (to be determined as provided by 49 C.F.R. Section 40.25(f)(1)(i), as presently promulgated or revised hereafter); or
3.
An employee's provision of an adulterated sample.
[Ord. No. 95-205 §8, 12-27-1995; Ord. No. 16-105 § 12, 12-19-2016; Ord. No. 22-088, 12-19-2022]
A.
Testing for drugs shall be as follows:
1.
Drug testing shall be conducted upon an applicant or employee's urine specimen by a laboratory certified and monitored by the U.S. Department of Health and Human Services. Such testing shall be for the following controlled substances:
a.
Marijuana (THC metabolite).
b.
Cocaine.
c.
Amphetamines.
d.
Opiates (including heroin).
e.
Phencyclidine (PCP).
| Such testing is a two (2) stage process. First (1st) a screening test is conducted. If the test is positive for one (1) or more of the drugs listed above, a confirmatory test is conducted for each identified controlled substance. The "confirmatory test" is a gas chromatography/mass spectrometry (GC/MS) analysis. |
2.
Any applicant or employee who tests positive on the confirmatory test shall be interviewed by the County's Medical Review Officer (MRO). If a non-employee applicant fails the drug test following an interview with the MRO, the non-employee applicant is disqualified from appointment to employment pursuant to Section 115.830(A)(1). If an employee fails the drug test following an interview with the MRO, the employee shall be immediately removed from work-related activity, pending disciplinary action which may include termination. In no case shall the employee be permitted to resume work until the employee is:
B.
Testing for alcohol shall be performed as follows:
1.
Federal regulations require breath testing to be done on Evidential Breath Testing devices approved by the National Highway Traffic Safety Administration. An initial screening test is conducted first. Any result that is less than two hundredths of one percent (0.02%) alcohol concentration is considered negative. If the alcohol concentration is two hundredths of one percent (0.02%) or greater, a second (2nd) confirmatory test must be conducted. Any employee in a covered position who tests with an alcohol concentration of two hundredths of one percent (0.02%) or greater shall be removed from service for at least twenty-four (24) hours, and shall be subject to discipline.
2.
Any employee who tests with an alcohol concentration of four hundredths of one percent (0.04%) or greater shall be immediately removed from work-related activity, pending disciplinary action which may include termination. In no case shall the employee be permitted to resume work until the employee is:
[Ord. No. 95-205 §9, 12-27-1995]
A.
Any employee who tests positive for the presence of any of the drugs listed in Section 115.840(A)(1) of this Part of the Personnel Policy or alcohol above the minimum thresholds set forth in the Federal regulations shall be evaluated by a Substance Abuse Professional (SAP). The SAP shall evaluate each employee who tests positive to determine what assistance, if any, the employee needs in resolving problems associated with such drugs or alcohol.
B.
Assessment by a SAP does not protect an employee from disciplinary action or guarantee continued employment of reinstatement by St. Charles County. The County's Personnel Administration Program provides guidance to the discipline that may be imposed, unless otherwise stated in this Part of the Personnel Policy.
C.
Any employee who is determined by the SAP to be in need of assistance for a controlled substance or alcohol related problem under this drug and alcohol testing program may be permitted to enter into a rehabilitation plan approved by St. Charles County, provided the employee agrees to adhere to the terms of the rehabilitation contract with the County.
D.
Rehabilitation assistance may be granted only once to any employee of St. Charles County. Failure to complete an agreed upon rehabilitation assistance plan or to adhere to the rehabilitation contract shall be considered a resignation by the employee from employment with the County.
E.
Any rehabilitation contract entered into pursuant to this Section shall include the following terms and conditions to be adhered to by the employee who is granted rehabilitation assistance:
1.
The employee shall undertake and complete successfully a rehabilitation assistance plan established for the employee by the Substance Abuse Professional (SAP) or by a rehabilitation professional accepted by St. Charles County;
2.
The employee shall not violate this Part of the Personnel Policy nor use any controlled substances and alcohol inconsistently with the rehabilitation assistance plan or with this drug and alcohol testing program;
3.
The employee shall execute a release to St. Charles County of all medical records relating to the assistance given the employee under the employee's rehabilitation assistance plan, and to the employee's compliance with it;
4.
The employee shall submit to return to work testing as provided by this drug and alcohol testing program;
5.
The employee shall submit to follow-up testing for a period of time set by St. Charles County, as permitted by this drug and alcohol testing program; and
6.
Any future controlled substance or alcohol violations shall be considered as a resignation of the employee from service without recourse.
[Ord. No. 95-205 §10, 12-27-1995]
A.
St. Charles County shall contract with an appropriately certified testing laboratory to conduct controlled substance testing, analysis and reporting as required by this drug and alcohol testing program and by Federal law and regulations.
B.
St. Charles County may contract with outside providers for alcohol testing, analysis and reporting and for training of supervisors, as required by this drug and alcohol testing program and by Federal law and regulations, or may perform these functions using qualified County personnel and appropriate testing equipment.
C.
St. Charles County shall contract for the services of an independent contractor to serve the County as the Medical Review Officer (MRO), properly credentialed and trained in compliance with the Federal regulations, who shall not be an employee of the County. The MRO shall, as a part of the engagement contract, maintain all relevant records and provide the required reports that the County needs to comply with Federal reporting requirements.
D.
St. Charles County shall appoint a Substance Abuse Professional (SAP) for the providing of services under this policy and in compliance with the Federal regulations.
[Ord. No. 95-205 §11, 12-27-1995]
A.
The Program Administrator shall provide all employees and representatives of employee organizations (if any) with a copy of this Part of the Personnel Policy along with the following:
1.
Materials related to the effects of the use and/or abuse of alcohol and controlled substances;
2.
Information on the safety-sensitive functions of each covered position and the period of the work day during which employees in covered positions must comply with the requirements of this program;
3.
Information regarding treatment and rehabilitation available.
| | Employees shall be required to confirm receipt of this Part of the Personnel Policy and the materials mentioned above along with any revisions to them. Such confirmation shall be in writing, noting the date of receipt and acknowledgement by signature witnessed by the supervisor providing the materials. |
B.
Training.
1.
St. Charles County shall develop and provide training or shall contract for the provision of such training for all supervisors and managers who are hereby made responsible for determining whether reasonable suspicion exists to require an employee to undergo testing for alcohol or for the drugs listed in Section 115.840(A)(1) of this Part of the Personnel Policy. This training, at a minimum, shall include sixty (60) minutes on the misuse of alcohol and another sixty (60) minutes on the use of the drugs listed in Section 115.840(A)(1) of this Part of the Personnel Policy. This training shall also cover physical, behavioral, speech, and performance indicators of probable alcohol misuse and drug use, along with their effects on personal health and safety, and on the work environment, and on the consequences of prohibited work-related activity involving alcohol consumption. The training shall include an overview of this policy and its implementation and application to employees. Training shall also include a component related to objective observation for reasonable suspicion testing, documentation and record keeping.
2.
The training may include other components that the drug and alcohol testing Program Administrator, the MRO, and/or the SAP believe can enhance the program administration and awareness of problems and treatment related to alcohol and controlled substance use. The training may also provide components related to St. Charles County sponsored or supported referral programs and employee assistance efforts that are sanctioned to deal with alcohol and controlled substance use and abuse problems.
[Ord. No. 95-205 §12, 12-27-1995]
A.
All records developed and/or acquired pursuant to this drug and alcohol testing program shall be maintained under strict confidentiality by St. Charles County, by the testing laboratory, by the Medical Review Officer (MRO), and by the Substance Abuse Professional (SAP), when and as applicable. The records shall be maintained separately from other personnel records kept by the County and shall be kept in a secured location with other medical records. Materials shall not be released to others without the written consent of the affected employee, except under provisions provided in the Federal regulations, as needed with regard to the rehabilitation contract, in litigation or quasi-judicial and administrative proceedings related to positive test results and/or to matters initiated by an employee.
[Ord. No. 95-205 §13, 12-27-1995]
A.
Unless otherwise specified in this Part of the Personnel Policy, St. Charles County's policies related to disciplinary action shall be followed when imposing discipline for violation of this Part of the Personnel Policy.
B.
The acceptance by an employee of the rehabilitation assistance plan and contract does not serve as a bar to imposing disciplinary action related to violations of this Part of the Personnel Policy.
C.
Any supervisor or manager who knowingly permits an employee to violate this Part of the Personnel Policy or engage in work activity while consuming alcohol or a controlled substance or who fails to enforce this policy shall be subject to immediate termination from employment.
D.
This Part of the Personnel Policy does not displace any other penalties that may be imposed or incurred as a result of violation of County policy or State and Federal laws, or as provided in the Workers' Compensation laws.
E.
Violations of this Part of the Personnel Policy may constitute exceptions to St. Charles County's policy of progressive discipline.
[Ord. No. 95-205 §14, 12-27-1995]
This Part of the Personnel Policy shall be administered in compliance with other Federal, State and local laws related to employee health and welfare policies, leave policies, benefit programs and other related policies of St. Charles County. In the case of apparent conflicts between the drug and alcohol testing program established by this Part of the Personnel Policy and other policies and applicable laws, the Director of Administration shall make the appropriate rulings to resolve the potential conflicts, whenever possible.
[Ord. No. 95-205 §15, 12-27-1995]
This Part of the Personnel Policy is subject to amendment by St. Charles County from time to time. Any amendments that may be made shall be provided to employees upon adoption and shall become effective as provided by the amending ordinance.
