ALCOHOL AND DRUG FREE WORKPLACE POLICY (HR2436) 2023-06-28.PDF
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MARICOPA COUNTY INTERNAL POLICY Policy Title: ALCOHOL AND DRUG-FREE WORKPLACE AND TESTING Policy Number: HR2436 Current Adoption Date: 06-28-2023 Current Implementation Date: 06-28-2023 Approved by: BOARD OF SUPERVISORS Board Agenda Number: C-31-19-004-6-01 Original Adoption Date: 09-19-2018 I. PURPOSE To provide a healthy, safe, and secure work environment for Maricopa County employees and the public they serve and to comply with the requirements of the Federal Drug-Free Workplace Act of 1988. II. AUTHORITY This Policy is authorized by the Board of Supervisors pursuant to A.R.S.§11-251. III. APPLICATION This Policy applies to all Maricopa County appointed departments, the Flood Control District of Maricopa County, and the Maricopa County Library District (Special Districts). The Board of Supervisors is authorized to jointly adopt policies applying to the Special Districts under the Intergovernmental Agreement, C-06-18- 393-6-00, approved on April 11, 2018. An elected office may follow this Policy for its employees when it does not have a similar policy. IV. DEFINITIONS A. Alcohol and Drug Testing: An examination of biological material (not limited to blood, urine, saliva or breath) by a certified medical facility to detect the presence of alcohol and Controlled Substances. B. Appointing Authority: An elected official, the single administrative or executive head of a department, or the designated representative authorized to act in this capacity. C. Controlled Substance: A drug, substance, or immediate precursor identified in A.R.S. § 36-2512 to 36- 2516 or a narcotic listed in A.R.S. § 13-3401. D. Covered Workplace: Property owned, leased, or under the control of Maricopa County or where an employee is responsible for performing work in furtherance of a Maricopa County mandate or mission. E. HR Group Manager: A department’s HR Group Manager, designee, HR Manager, or Appointing Authority if there is no HR Manager. F. Human Resources (HR): The County’s Human Resources Department. G. Medical Review Officer: A licensed physician responsible for reviewing laboratory results and evaluating medical explanations for specific alcohol and drug test results. H. Reasonable Suspicion: The belief that an individual may be under the influence of alcohol or controlled substances while on duty or in a covered workplace based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee. I. Safety Sensitive Position: A position where the risk to public safety is substantial and real. J. Under the Influence: The term applied to people who have the presence of alcohol or controlled substances in their bodily systems, causing impairment to any degree. Policy Title: ALCOHOL AND DRUG-FREE WORKPLACE AND TESTING Policy Number: HR2436 Current Adoption Date: 06-28-2023 Page 2 of 5 V. POLICY A. Maricopa County recognizes that alcohol impairment, drug use, abuse, and misuse may adversely impact its employees and customers. The County offers health insurance plans, behavioral health benefits, and the Employee Assistance Program (EAP) to inform employees of the dangers of alcohol abuse and drug use and to assist employees with alcohol and drug use concerns. B. Manufacturing, distributing, possessing, or using alcohol or controlled substances while on duty or in a covered workplace is prohibited. C. Employees must immediately notify their supervisor or manager when they believe an employee may be under the influence while on duty or in a covered workplace. D. Supervisors or managers observe an employee suspected to be under the influence and follow the steps in this Policy when they reasonably suspect an employee may be under the influence. E. Employees shall abide by the terms of this Policy as a condition of employment. Violations of this Policy may result in disciplinary action up to and including termination. F. Alcohol or Controlled Substance Charges, Arrests, and Convictions: May directly impact employees’ ability to perform job responsibilities or meet job requirements. Per Code of Conduct - HR2416, employees must notify their Appointing Authority, as soon as practicable, but no later than the first day they return to work, of any charge, arrest, or conviction for an alcohol or controlled substance offense, including a charge of driving under the influence (DUI) while employed with the County, no matter if the charge occurred on or off-duty. Appointing Authorities shall consult HR or legal counsel when reviewing the circumstances of any reported alcohol or controlled substance offense or conviction to determine if any potential disciplinary action is necessary. VI. SAFETY-SENSITIVE POSITION TESTING A. Pre-Employment Testing: Internal and external applicants offered a safety-sensitive position must pass a drug test after a conditional job offer is accepted and before working in the position. B. Consent: Applicants sign a conditional offer indicating consent to the test. Applicants who refuse testing are withdrawn from the selection process and are ineligible for employment in any safety-sensitive position with Maricopa County for one year from the date of refusal to test. C. Testing: Applicants must complete the test as soon as practicable but within 72 hours from receipt of a chain of custody form from the County. VII. COMMERCIAL DRIVER’S LICENSE (CDL) TESTING A. Pre-employment Testing: Internal and external applicants offered a position that requires a CDL must pass a drug test after a conditional job offer is accepted and before working in the position. B. Consent: Applicants sign a conditional offer indicating consent to the test. Applicants who refuse testing are withdrawn from the selection process and are ineligible for employment in any CDL position with Maricopa County for one year from the date of refusal to test. C. Pre-employment Testing: Applicants must complete the test as soon as practicable but within 72 hours from receipt of a chain of custody form from the County. D. Random Testing: Under 49 CFR, Part 382, the County conducts random, unannounced controlled substance and alcohol tests of CDL employees randomly selected from a computer-generated list from Policy Title: ALCOHOL AND DRUG-FREE WORKPLACE AND TESTING Policy Number: HR2436 Current Adoption Date: 06-28-2023 Page 3 of 5 the pool of CDL employees subject to testing. HR maintains this list. Employees must complete the test immediately upon receipt of notification from their manager. E. Post-Accident Testing: CDL drivers are subject to post-accident drug and alcohol testing based on federal guidelines as soon as feasible on accidents involving a commercial motor vehicle operated on a public road. Guidelines on post-accident testing can be found under eCFR § 49 382.303. F. Refusal to Cooperate: Refusal to cooperate (e.g., refusal to take a test, failure to remain at the test site, inability to provide a sufficient breath or urine specimen without a valid medical explanation, tampering with a specimen collected, not reporting to the collection site in the time allotted, leaving the scene of an accident without a valid reason, refusing to consent to the release of information to the County, etc.) in any CDL testing procedure shall result in termination. VIII. REASONABLE SUSPICION TESTING A. Reasonable Suspicion: All employees are subject to reasonable suspicion alcohol and drug testing when there is sufficient evidence they may be under the influence while on duty or in a covered workplace. B. HR Notification: Supervisors or managers who believe an employee may be under the influence in the workplace must immediately: 1. Call HR and describe the behaviors and factors that led them to believe the employee is under the influence. Positive verbal contact must be made with the HR Group Manager or other HR management as soon as possible. 2. Ensure the employee does not damage County property or endanger themselves or others by keeping the employee in a safe location (e.g., break room, office, etc.) and monitoring him or her. C. Observed Behaviors: HR will assess the behaviors and factors observed by at least two people to determine if reasonable suspicion alcohol and drug testing is justified. HR decides the best action to take when two people cannot observe the employee. D. Testing: If testing is justified, HR, the manager, or the supervisor meets with the employee immediately and explains the observations. 1. The employee is allowed to explain the reason for the observed behavior. 2. An employee with a reason for the behavior may still be required to submit to alcohol and drug testing. E. Consent: After the employee signs a consent form, the individuals accompanying the employee hand- carry the original to the testing facility. Department HR retains a copy of the consent form. Consent Refusal: If the employee refuses to sign the form or give consent to alcohol and drug testing, the HR, a manager, or a supervisor: 1. Notifies the employee that refusal to consent to testing is deemed a willful violation of Policy and grounds for disciplinary action, up to and including dismissal. 2. Documents the refusal at the bottom of the consent form and forwards the form to HR. 3. Places the employee on administrative leave pending any investigative or disciplinary actions. 4. Makes arrangements to transport the employee home safely or to the location of his or her choice. Policy Title: ALCOHOL AND DRUG-FREE WORKPLACE AND TESTING Policy Number: HR2436 Current Adoption Date: 06-28-2023 Page 4 of 5 F. Transporting Employee: Arrangements are made to transport the employee to the testing facility and then home or to a safe location of the employee’s choosing after the testing is complete. Under no circumstances will the employee drive to the testing facility or home after the test. 1. A County vehicle should be used to transport the employee. When extenuating circumstances exist, a personally owned vehicle may be used. 2. Two individuals (supervisors, managers, or Security Services Staff) should accompany the employee. The individual driving must be authorized to drive County or private vehicles for County business. Only when extenuating circumstances exist should only one supervisor, manager, or Security Services staff accompany the employee. 3. Notify Security Services and law enforcement if the employee becomes belligerent or uncooperative. G. Administrative Leave: After completing the test, the employee is placed on administrative leave, pending the results and any investigative or disciplinary actions. H. Follow-Up Actions: 1. HR will notify the Appointing Authority of the situation. 2. The individuals accompanying the employee to the test facility notify HR after the test is completed and the employee is transported home or to the location of his or her choice. 3. The observers document the behaviors and factors that led them to believe the employee is under the influence. The individuals accompanying the employee to the test facility document any relevant actions during transport and testing. All documentation is forwarded to HR. IX. TEST RESULTS A. A Medical Review Officer from the medical facility reviews any alcohol and drug testing result that requires medical interpretation. A second test may be required in the case of inconclusive results. B. Applicants or employees who take prescription medication that may cause a positive test result may notify the Medical Review Officer of their prescription medication use. The Medical Review Officer will determine whether a test result is positive or negative. C. Safety Sensitive Position Testing: 1. Negative Test Results: The applicant is cleared for hire. 2. Positive Test Results: The applicant is disqualified from the selection process. a. External applicants are ineligible for employment in any position with Maricopa County for one year from the date of the failed alcohol and drug testing. b. Internal Applicants are ineligible for voluntary promotion or transfer to any position within Maricopa County for one year from the positive test date and may be placed on administrative leave pending investigative or disciplinary action. D. Reasonable Suspicion Testing: 1. Negative Test Results: The employee may return to work. Disciplinary action may be considered for the conduct that gave rise to the alcohol and drug testing. Policy Title: ALCOHOL AND DRUG-FREE WORKPLACE AND TESTING Policy Number: HR2436 Current Adoption Date: 06-28-2023 Page 5 of 5 2. Positive Test Results: The employee remains on administrative leave pending the completion of any investigative or disciplinary actions. E. HR receives the final test results from the medical facility. F. Applicants and employees subject to alcohol and drug testing can submit a written request to review their test results from HR and have the opportunity to explain a positive result. G. Confidentiality of Information: Alcohol and drug testing results are confidential. Information regarding alcohol and drug testing results may be reviewed by County management, legal counsel, Appointing Authorities, and Human Resources. Revision History Version Revision Date Description of Revision 1 09/19/2018 Initial version (C-31-19-004-6-00) 2 06/28/2023 Simplified language and added in CDL testing section (C-31-19-004-6-01)