Drug Free Workplace Policy

7.1.1       Cherokee County has a vital interest in maintaining a safe, healthy, and efficient working environment free from the adverse effects of employee drug and alcohol abuse.  Employee drug and alcohol abuse poses serious safety and health risks to the user, and to those who work or come in contact with the user in the workplace.  Accordingly, the County does not and will not tolerate any employee’s consumption, possession, sale, distribution, or presence in the body of illegal drugs or alcoholic beverages while on County property and/or on County work time.  The County further expresses its intent, through this policy, to comply with Federal, State and local laws and regulations that relate to the maintenance of a workplace free of illegal drugs and alcohol. 

7.1.2       Scope of Policy and Prohibitions.  This policy applies to all County employees, volunteers, interns, and any other individuals performing services on the County’s behalf, whether paid or unpaid.  For purposes of this policy section, all such persons shall be referred to herein as County employees.  The policy applies to all off-site meal breaks or rest breaks when an employee is scheduled to return to work, as well as to all work, activities, and occupation and use of County property and facilities.

7.1.3       Prohibitions.  The County prohibits all employees from engaging in the following conduct or behavior while performing County business, while on County property, while in use of County property, or while operating or riding in a County vehicle and/or conducting County business:

1. The use or consumption of illegal drugs, controlled substances, and/or alcohol;

2. The possession of illegal drugs, controlled substances, and/or alcohol;

3. The abuse of prescription medications and over-the-counter medications;

4. Being impaired by and/or under the influence of illegal drugs, controlled substances, and/or alcohol;

5. The manufacture, sale, purchase, transfer, dispensing of, and/or distribution of illegal drugs, controlled substances, prescription medications, and/or alcohol; and/or

                 6.  The use of County property to store, conceal, or transport illegal drugs, controlled substances, and/or alcohol.

7.1.4        Definitions.  For purposes of this Drug-Free Workplace policy, the following definitions apply:

Alcohol – Any beverage or substance that contains alcohol manufactured for the primary purpose of personal consumption, including, but not limited to, beer, wine, and distilled spirits.

Illegal Drugs (includes Controlled Substances) – Any drug or substance the law prohibits individuals from manufacturing, dispensing, using, consuming, possessing, distributing, purchasing, selling, or otherwise transferring, including, without limitation, all drugs listed as controlled substances under Title 16 of the Official Code of Georgia Annotated.  This definition encompasses any measurable amount of any drugs or controlled substances such as amphetamines, cannabinoids, cocaine, phencyclidine (PCP), methadone, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphene, or other drugs made unlawful under Federal or State laws, or a metabolite of any such substances, “look-alikes,” “designer drugs” having the same or similar psychotropic effects, unauthorized alcoholic beverages, marijuana, hallucinogens (whether natural or synthetic), inhalants, unauthorized prescription drugs, or authorized drugs which are not prescribed for a verifiable medical condition and/or are not used in strict accordance with this policy and with the prescribing physician’s instructions, or any other substances that are mood-altering, mind or consciousness-affecting, or which are likely to have an effect upon a person’s perceptions, sensations, thought processes, self-awareness, emotions, or other mental or physiological or psychological reactions or behavior.  It also includes urinaids or other substances, natural or synthetic, of a similar nature or purpose designed or used to alter a urine specimen or to conceal illicit chemical substances or other metabolites in an initial screening test.

Impaired – The condition of being weakened, diminished, or damaged, or of functioning poorly, incompetently, uncontrollably, or with less control or ability, due to the consumption, use, or abuse of illegal drugs, controlled substances, and/or alcohol, or if the employee’s drug test results indicate the presence of an illegal drug or controlled substance in an amount that constitutes a positive test under accepted scientific standards.

Legally Obtained Drug – Includes prescription drugs and over-the-counter medications.

Over-The-Counter Medication – Includes any drug or substance that does not require a prescription, but which has the capacity to affect a person physically, mentally, or emotionally or which could otherwise affect a person’s ability to perform.

Prescription Drug – Any drug or substance that is attainable only by lawful prescription from a licensed physician.

Reasonable Suspicion – A belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee has used, consumed, is impaired by, or is under the influence of illegal drugs, controlled substances, and/or alcohol.  Reasonable suspicion must be directed at a specific person and must be based upon specific and articulable facts and the logical inferences and deductions that can be drawn upon such things as observable phenomena, such as direct observation of the possession or use of an illegal drug, controlled substance, and/or alcoholic beverage, or the direct observation of physical symptoms of being impaired by or under the influence of illegal drugs, controlled substances, and/or alcohol, such as slurred speech, unsteady gait, a pattern of unusual or abnormal conduct or erratic behavior, odor of the employee,  information provided by a reliable and credible source, and/or involvement in a work-related accident, and/or deviation from safe working practices.

7.1.5       Use of Legally Obtained Drugs

County employees must not be on the job, be on County property, operate a County vehicle, or operate any other equipment or vehicle while in performance of County business while impaired due to any drug, legal or illegal, that renders the employee unfit for duty.  An employee is “unfit for duty” if, in the County’s opinion, the employee’s use of legally obtained drugs jeopardizes his or her ability to work safely and efficiently.

An employee who is using legally obtained drugs must notify his or her immediate Supervisor, the Department Director, or the Agency Director of any and all known or experienced symptoms and probable adverse side effects that may render the employee unfit for duty.  An employee’s failure to so notify the County constitutes grounds for disciplinary action, up to and including termination.  An employee is not expected to notify the County of legally obtained drugs that are unlikely to render him or her unfit for duty.

Employees using legally obtained drugs while on the job shall do so in strict accordance with physician and/or manufacturer’s directions.  It is the employee’s responsibility to notify the prescribing physician of the duties required by the employee’s position and to ensure that the physician approves the use of the prescription medication while the employee is performing his or her duties.

The abuse and/or inappropriate use of legally obtained drugs while on the job, while on County property, while in operation of a County vehicle, or while in operation of any other equipment or vehicle in performance of County business is prohibited and shall constitute grounds for disciplinary action, up to and including termination.

7.1.6.0    All  applicants for full-time and part-time positions of employment with the County will be tested for drugs after a conditional offer of employment has been extended.  No such applicant or new hire shall be permitted to report for duty until the results of the drug test are obtained.  All applicants for temporary full-time and temporary part-time positions of employment will be tested for drugs after a conditional offer of employment has been extended in the discretion of the County Manager, depending on the nature of the temporary position.

7.1.6.1    All County employees will be subject to immediate testing when there is reasonable suspicion that the employee has used or misused drugs or alcohol in violation of this policy.  Any employee who is required to take a reasonable suspicion test will be immediately placed on administrative leave with pay  pending the results of the test and confirmation of the results.  Supervisors who suspect that an employee is under the influence of drugs or alcohol shall document all credible evidence on the Reasonable Suspicion Incident Checklist provide by the Human Resources Department and shall seek confirmation of the observations from the Human Resources Director or another employee with Reasonable Suspicion training before transporting the employee for testing.

7.1.6.2    Drug and alcohol testing must be performed when any employee, while in operation of a County vehicle, equipment, or heavy machinery, or while in operation of any other vehicle or equipment while in the performance of Cherokee County business, is involved in an accident that results in: (1) a fatality; or (2) a citation issued to the employee; or (3) an injured person requiring immediate medical treatment; or (4) damage to County property; or (5) damage to any other property.   Alcohol and drug test(s) shall be completed within eight hours of an accident.  This testing is to be performed in addition to any drug or alcohol test(s) ordered by law enforcement authorities.  The involved County employee must report immediately for testing, or be subject to disciplinary action, up to and including termination.

7.1.7       Procedures for Testing.  Alcohol screening will be conducted using a federally approved evidential breath-testing device or the use of a swab/saliva test performed by an approved independent medical facility.  In the event that it is not reasonable under the circumstances to conduct an alcohol test based on a breath test or a swab/saliva test, the County reserves the right to test for the presence of drugs or alcohol by a blood test analysis.

All drug tests shall be administered and accounted for by an approved laboratory and/or medical facility that are operating in compliance with the U.S. Department of Health and Human Services (DHHS).  Testing will involve an initial screening test(s) and confirmation of positive tests by gas chromatography/mass spectrometry (GC/MS) analysis, or other test(s) that are approved by the DHHS for screening and confirmation of drugs or alcohol in a person’s system.  Tests will be certified, to the fullest extent possible under the circumstances, by a laboratory approved by the DHHS.

All positive test results for drugs will be interpreted by a physician approved by the County as a medical review officer (MRO) before the results are reported to the County.  Prior to notifying the County, the MRO will make reasonable efforts to contact the employee for the purpose of allowing the employee to offer an alternative medical explanation for the positive test result.  If the MRO is able to contact the applicant or employee and determine there is a legitimate medical explanation for the positive test, the result will be communicated as negative to the County.  The MRO’s inability to contact the applicant or employee before providing test results to the County will not void the test results or make the test results unusable in any subsequent disciplinary action.  An applicant or employee who fails to respond to an inquiry by the MRO within forty-eight (48) hours of such inquiry shall have waived his or her opportunity to offer an alternative medical explanation for the positive result or to request confirmation testing.

7.1.8       Test Refusal.  The County has a zero tolerance policy regarding test refusals.  As such, any employee so refusing to immediately proceed as directed will be subject to disciplinary action including termination from employment. 

Other actions that constitute a test refusal occur when an employee:

·         Fails to appear for any test (excluding pre-employment) within a reasonable time, as determined by the employer, after being directed to do so by the employer

·         Fails to remain at the testing site until the testing process is complete;

·         Fails to provide a urine or breath specimen for any drug or alcohol test required;

·         In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of his/her provision of a specimen

·         Fails to provide a sufficient amount of urine or breath when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure

·         Fails or declines to take a second test the employer or collector has directed the employee to take;

·         Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process;

·         Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process); and/or

·         If the MRO reports that there is verified adulterated or substituted test result Failure or refusal to sign Step 2 of the alcohol testing form.

7.1.9       Investigation of Prohibited Drug and Alcohol Use.  All County-issued equipment, property, and facilities, including, but not limited to, desks, workstations, file cabinets, lockers, vehicles, or any other property or equipment owned, leased, or provided by the County is subject to inspection at any time and for any reason.  No employee shall have any privacy interest whatsoever in any County-issued property.  If a search uncovers evidence of employee wrongdoing, illegal activity, or employee violations of County rules or policies, the evidence may be used to support disciplinary action, up to and including termination.  In cases involving suspected illegal activities, the evidence may be turned over to appropriate legal authorities.

7.1.10     Discipline.  An employee who violates any provision of this policy is subject to discipline, up to and including termination.

The following actions shall be presumed to result in immediate termination of an employee:

·         Manufacturing, dispensing, using, consuming, possessing, distributing, purchasing, selling, or otherwise transferring an illegal drug(s) or controlled substance(s) while on the job, while on County property, while in operation of a County vehicle, or while in operation any other equipment or vehicle while in performance of County business;

·         Refusing to consent to or to take a drug or alcohol test pursuant to this policy, or failure to appear at the designated collection site to take a drug or alcohol test when so directed; and/or

·         A confirmed positive test for drugs and/or alcohol.

7.1.11     Treatment.  Employees who have a problem with drugs and/or alcohol are urged to seek help before the problem adversely affects their health, relationships, or work performance, or before it results in a violation of this policy.