APPENDIX 4 MONTEREY COUNTY DRUG AND ALCOHOL TESTING POLICY FOR POSITIONS REQUIRING A COMMERCIAL DRIVER’S LICENSE ACKNOWLEDGEMENT FORM Monterey County is committed to providing a safe and drug-free work environment. Monterey County has adopted rules implementing the federal Drug Free Workplace Act of 1988. The intention of this policy is to implement the United States Omnibus Transportation Employee Testing Act of 1991. Employees covered by the Omnibus Transportation Employee Testing Act are considered to be engaged in “safety sensitive” positions and thus are required to be drug and alcohol tested to ensure those employees are not impaired while engaging in such safety sensitive duties, i.e., driving vehicles that require a commercial driver’s license. Covered Employees All positions requiring a commercial driver’s license. Required Conditions for Testing 1. 2. 3. 4. 5. 6. Pre-employment/transfer into such a position (drug only). Random testing. Reasonable suspicion. Post accident. Upon return to duty after a violation of the rules on drug and alcohol use. Follow-up testing after determination of an employee having a drug or alcohol problem. Employee Prohibitions and Obligations Covered employees are prohibited from reporting to work under the influence of alcohol, illegal drugs, mind altering drugs and/or substances that impair driving a vehicle . Employees who have traceable amounts of alcohol or illicit drugs in their system when they report to work and during working hours, regardless of when or where the substance entered the employee’s system (this includes during off-duty hours) are in violation of this policy. If an employee’s drug or alcohol test shows that he/she is under the influence, as defined by the law, that employee shall be promptly removed from the workplace for a minimum of twentyfour (24) hours and may be disciplined, up to and including termination. All covered employees shall be subject to random testing. as required by the law. All offers of employment in positions requiring a commercial driver’s license will be contingent on passing a drug screening test prior to the start of employment with the County. Employees failing to agree to testing shall not be offered County employment and any contingent offer of employment shall be withdrawn. Employees exhibiting behavior causing reasonable suspicion of drug or alcohol impairment during working hours shall be subject to testing. Employees engaged in a vehicular accident may be subject to testing. Employees engaged in a vehicular accident resulting in a death shall be tested. Employees involved in a vehicular accident are prohibited from consuming alcohol until being tested or eight hours have passed, whichever occurs first. Employees returning to duty after a violation of the rules on drug and alcohol use, and those employees determined to have a drug/alcohol problem, shall be subject to testing as required by the law. Failure to Test as Required Employees refusing to test for drug and or alcohol use as required by law shall be immediately removed from the workplace and shall be subject to disciplinary action, up to and including termination. Employee Assistance Rehabilitation is the personal responsibility of the employee. Covered employees with drug or alcohol abuse problems are expected to promptly initiate appropriate efforts to obtain help as well as to avoid engaging in conduct that would violate this policy. Employees seeking treatment will be entitled to use accrued sick leave while enrolled in a rehabilitation program. The County Employee Assistance Program is managed by Behavioral Health Options (BHO). BHO provides the first three (3) visits of evaluation and counseling services free of charge for employees and their immediate family members. If additional professional service is warranted, the employee or family member may be referred to a qualified professional for further assistance. For more information, employees may contact the Employees Assistance Program by calling 1-800-873-2246. Policy and Testing Questions Employees with questions regarding this policy or any matter related to the testing program may forward their questions to their supervisor or the County Safety Officer, or Employee Relations at 755-5116. ACKNOWLEDGMENT AND RECEIPT OF POLICY I HEREBY ACKNOWLEDGE THAT I HAVE RECEIVED A COPY OF THE County’s Drug and Alcohol Testing Policy concerning drug and alcohol testing as required by the Federal Highway Administration (FHWA), 49 CFR Part 382 and DOT Procedures for Transportation Workplace Drug Testing Programs, 49 CFR Part 40. I have read and understand the provisions outlined in the County’s Drug and Alcohol Testing Policy and agree to comply with all the requirements that it contains. I understand that compliance with the Drug and Alcohol Testing Policy is a condition of continued employment with the County. I understand that disciplinary action may be taken if I am found in violation of the policy, up to and including the termination of employment. ‘ Employee Signature : ____________________________________________________ Employee Name (print):__________________________ Date:____________________