ALCOHOL AND DRUG FREE WORKPLACE POLICY (HR2436) 2023-06-28 REDLINED.PDF
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MARICOPA COUNTY INTERNAL POLICY Policy Title: ALCOHOL AND DRUG-FREE WORKPLACE AND TESTING Policy Number: HR2436 Current Adoption Date: 0609-2819-201823 Current Implementation Date: 0609-2819-201823 Approved by: BOARD OF SUPERVISORS Board Agenda Number: C-31-19-004-6- 001 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; to establish Safety Sensitive Position Alcohol and Drug Testing for pre-employment, job promotion, job transfer or assignment; and to establish procedures for Alcohol and Drug Testing for Reasonable Suspicion. II. AUTHORITY This Ppolicy is authorized by the Board of Supervisors pursuant to A.R.S.§11-251. III. APPLICATION This Ppolicy applies to employees of all Maricopa County appointed departments, as well as the Flood Control District of Maricopa County, and the Maricopa County Library District (Special Districts), and the Stadium District. 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.This policy shall apply to County elected offices unless the County elected official has implemented a similar policy specific to his or her respective Office. Alcohol and Drug Testing pursuant to Commercial Driver’s License (CDL) requirements are covered under . IV. DEFINITIONS A. Alcohol and Drug Testing (may also be referred to as Alcohol and Drug Screen): 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. §Arizona Revised Statutes (A.R.S.) Title 36-2512 to 36-2516, Chapter 27, Schedules I through V or a narcotic listed in A.R.S. § 13-3401. D. Covered Workplace: Property owned, leased, or under the control of Maricopa County and/or where an employee is responsible for performing work in furtherance of a Maricopa County mandate or mission. E. Department HR: A department’s assigned, internal human resources office. If there is no departmental human resources office, the reference is to the department’s assigned HR Liaison. F. Employee Relations: The Employee Relations Division of the Maricopa County Human Resources Department. Policy Title: ALCOHOL AND DRUG-FREE WORKPLACE AND TESTING Policy Number: HR2436 Current Adoption Date: 0609-2819- 201823 Page 2 of 7 G. Group HR Manager: A department’s assigned Group HR Manager or designee. If there is no assigned Group HR Manager, the reference is to the department’s HR Manager or Appointing Authority. E. HR Director: The Maricopa County Human Resources Director or designee.HR Group Manager: A department’s HR Group Manager, designee, HR Manager, or Appointing Authority if there is no HR Manager. H.F. Human Resources (HR): The County’s Human Resources Department. I.G. Medical Review Officer: A licensed physician who is responsible for receiving and reviewing laboratory results generated by an employer's Alcohol and Drug Testing program and evaluating medical explanations for certain specific alcohol and drug test results. J.H. Reasonable Suspicion: The belief that an individual may be Uunder the Iinfluence of alcohol or Ccontrolled Ssubstances while on- duty or in a Ccovered Wworkplace based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, and/or body odors of the employee. K.I. Safety Sensitive Position: A position with responsibilities where the risk to public safety is substantial and real. L.J. Under the Influence: The term applied to peoplea person who haves the presence of alcohol or Ccontrolled Ssubstances in their bodily systems, causing impairment to any degree. V. POLICY A. Maricopa County recognizes that alcohol impairment and drug use, abuse, and misuse may have adverse impacts upon, 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 make employees awareinform employees of the dangers of using alcohol abuse and drug uses and to confidentially support and assist employees with concerns related to alcohol and drug use concerns. B. Manufacturing, distributing, possessing, or usingThe unlawful manufacture, distribution, dispensation, possession or use of alcohol and/or Ccontrolled Ssubstances while on- duty or in a Ccovered Wworkplace is prohibited. C. Maricopa County eEmployees mustshould notify their supervisor or manager immediatelyimmediately notify their supervisor or manager when they believe an employee may be Uunder the Iinfluence of alcohol or drugs while on- duty or in a Ccovered Wworkplace. D. Supervisors or managers will observe an employee suspected to be Uunder the Iinfluence and will follow the steps in Section VI of this policy Policy when they have reasonable suspicion to believereasonably suspect an employee may be Uunder the Iinfluence of alcohol or drugs while on-duty or in a Covered Workplace. E. Maricopa County eEmployees shall abide by the terms of this policy Policy as a condition of employment. Violations of this policy Policy may result in disciplinary action up to and including termination. Policy Title: ALCOHOL AND DRUG-FREE WORKPLACE AND TESTING Policy Number: HR2436 Current Adoption Date: 0609-2819- 201823 Page 3 of 7 F. Alcohol or Controlled Substancedrug related cCharges, aArrests, and cConvictions: mMay have a direct impact ondirectly impact an employee’s’ ability to perform job responsibilities or meet job requirements. In accordance withPer Code of Conduct - HR2416 Code of Conduct, employees mustshall notify their Appointing Authority, as soon as reasonably practicable, but no later than the first day they return to work, of any charge, arrest, or conviction for an alcohol or drug-relatedcontrolled substance offense, including a charge of Ddriving Uunder the Iinfluence (DUI) while employed with the County, no matter if the charge occurred on or off-duty. Appointing Authorities shall seek appropriate consultation from their Group HR Manager or assigned legal counsel when reviewing the circumstances of any reported alcohol or controlled substancedrug-related offense or conviction to determine if any potential disciplinary or administrative action is necessary. G. It is the policy of Maricopa County to conduct Alcohol and Drug Testing in the following circumstances: 1. Pre-Employment, Promotion or Transfer for Safety Sensitive Positions: All internal and external applicants offered a position identified as Safety Sensitive will submit to Alcohol and Drug Testing as soon as practicable but within 72 hours after a conditional job offer has been accepted. The test result must be verified negative before the applicant begins working in the position. 2. Reasonable Suspicion: All employees are subject to Reasonable Suspicion Alcohol and Drug Testing when there is sufficient information to believe an employee may be Under the Influence of alcohol and/or Controlled Substances while on-duty or in a Covered Workplace. VI. SAFETY SAFETY-SENSITIVE POSITION TESTING PROCEDURES 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. A. Consent: Applicants sign a conditional offer of employment letter indicating that they consent to the Alcohol and Drug Ttesting. B. Applicants whothat refuse to consent to testing arewill have their applications withdrawn from the selection process and will beare ineligible for employment in any Ssafety -Ssensitive Pposition with Maricopa County for a period of one year from the date of refusal to test. C. Testing: Department HR Applicants must will schedule the applicant to complete theAlcohol and Drug Ttesting as soon as practicable but within 72 hours from receipt of a chain of custody form from the Countyafter a conditional offer of employment has been accepted. D.C. Results: Department HR will receive the final results of the pre-employment Alcohol and Drug Testing from the medical facility. 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. Policy Title: ALCOHOL AND DRUG-FREE WORKPLACE AND TESTING Policy Number: HR2436 Current Adoption Date: 0609-2819- 201823 Page 4 of 7 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 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. VII.VIII. REASONABLE SUSPICION TESTING PROCEDURES 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. A.B. HR Notification: When a sSupervisors or managers who believes an employee may be Uunder the Iinfluence of alcohol or drugs in the workplace, they mustshall immediately: 1. Call HRtheir Group HR Manager or Employee Relations (if their Group HR Manager is unavailable) and describe the specific behaviors and/or factors that led them to believe the employee is Uunder the Iinfluence. It is imperative that positive verbal contacPositive verbal contact must be made with the Group HR Group Manager or other Employee RelationsHR management as soon as possible due to time constraints related to potential Reasonable Suspicion Alcohol and Drug Testing. 2. Ensure the employee does not damage County property or endanger themselves or, other employees or the public by having the employee remain in a safe location (e.g. break room, office, etc.) and ensuring the employee is monitoredkeeping the employee in a safe location (e.g., break room, office, etc.) and monitoring him or her. B.C. Observed Behaviors: The Group HR Manager or Employee RelationsHR will will assesss the specific behaviors and/or factors observed by at least two observers people to determine if Rreasonable Ssuspicion Aalcohol and Ddrug Ttesting of the employee is justified. HR and will decides the best course of action to take in situations wherewhen two peopleobservers are not physically available tocannot observe the employee. C.D. Testing: If testing is justified, HRthe Group HR Manager, Employee Relations, HR Liaison, the manager, and/or the supervisor will meets with the employee as soon as possibleimmediately and explains the observationswhat has been observed and documented. 1. The employee isshould be given the opportunityallowed to explain if there is a the reason for the observed behavior. 2. AnIf the employee with a reason for the behavior offers a reason for this behavior, they may still be required to submit to Aalcohol and Ddrug Ttesting to verify the explanation. E. Consent: After Tthe employee signs a consent form the Maricopa County Alcohol and Drug Testing Consent Form and, the individual(s) accompanying the employee will hand-carry the original to the testing facility. A copy of the Consent Form will be retained by Department HRDepartment HR retains a copy of the consent form. Policy Title: ALCOHOL AND DRUG-FREE WORKPLACE AND TESTING Policy Number: HR2436 Current Adoption Date: 0609-2819- 201823 Page 5 of 7 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. a. D.F. Transporting Employee: The Group HR Manager, Employee Relations, manager or supervisor will make aArrangements are made to safely transport the employee to the Alcohol and Drug Ttesting facility and then to the employee’s home or to a safe location of the employee’s choosing after the testing is complete. Under no circumstances will the employee be allowed to drive themselves to the testing facility or to their residence after completion of the testhome after the test. 1. A County vehicle should be used to transport tThe employee should be transported in a County vehicle. When extenuating circumstances exist, a personally owned vehicle may be used to transport the employee. 2. Two individuals (supervisors, managers, or Security Services Staff) should accompany tThe employee should be accompanied to the testing facility by two individuals, each of whom should be either a supervisor, manager or Security Services staff. and tThe individual driving mustshall be authorized to drive County or private vehicles for County business. Only when extenuating circumstances exist will it be permitted to haveshould only one supervisor, manager, or Security Services staff accompany the employee. 3. Notify If the employee being transported becomes belligerent or uncooperative, Security Services and/or local law enforcement should be notifiedSecurity Services and law enforcement if the employee becomes belligerent or uncooperative. and the employee may be placed on administrative leave pending any subsequent investigative/disciplinary actions. E.G. Administrative Leave: The employee is placed on administrative leave after the testing is completeAfter completing the test, the employee is placed on administrative leave, pending receipt of the test results and any subsequent investigative/ or disciplinary actions. F.H. Follow-Up Actions: Complete the following actions once the employee has been transported to the testing facility. 1. The Group HR will notify the Appointing Authority of Manager or Employee Relations are responsible for timely notification of the situation to the Appointing Authority and HR Director. 2. The individual(s) that accompaniedaccompanying the employee to the test facility will notify the Group HR Manager or Employee Relations as soon as reasonably possible after the Alcohol and Drug Ttesting ishas been completed and the employee has beenis safely transported home or to the location of his or hertheir choice. Policy Title: ALCOHOL AND DRUG-FREE WORKPLACE AND TESTING Policy Number: HR2436 Current Adoption Date: 0609-2819- 201823 Page 6 of 7 3. The observers will document the specific behaviors and/or factors they observed that led them to believe the employee is Uunder the Iinfluence and the individuals that accompanied the employee to the test facility will document any relevant actions that occurred. The individuals accompanying the employee to the test facility document any relevant actions during transport and testing. All documentation iswill be forwarded to the Group HR Manager and Employee Relations. 4. Refusal to consent: If the employee refuses to sign the form or give consent to Alcohol and Drug Testing, the Group HR Manager, Employee Relations, HR Liaison, manager, and/or supervisor: 5. Notifies the employee that refusal to consent to Alcohol and Drug Testing is deemed a willful violation of policy and grounds for disciplinary action, up to and including dismissal. 6. Documents the employee’s refusal to test at the bottom of the Consent Form and forwards the form to the Group HR Manager and Employee Relations. 7. Places the employee on administrative leave pending any subsequent investigative/disciplinary actions. 8. Makes arrangements to safely transport the employee home or to the location of their choice. 9. Test Results: Employee Relations will receive the final results of the testing from the medical facility and will notify the HR Director and Group HR Manager of the test results. Employee Relations will retain copies of all relevant documentation with the employee’s test results. 3. ::: VIII.IX. TEST RESULTS A. A Medical Review Officer from the medical facility will reviews any Aalcohol and Ddrug Ttesting result that requires medical interpretation. A second test may be required in the case of inconclusive results. B. Applicants or employees who are takeing prescription medication that may cause a positive test result may notify the Medical Review Officer of their use of prescription medicationprescription medication use. The Medical Review Officer will make the final determinationdetermine whether a test result is positive or negative. C. Safety Sensitive Position Testing: 1. Negative Test Results: The Aapplicant may be is cleared for hire. 2. Positive Test Results: The Aapplicant iswill be disqualified from the selection process. a. External Aapplicants are ineligible for employment in any position with Maricopa County for a period of one year from the date of the failed Aalcohol and Ddrug Ttesting. b. Internal Applicants are ineligible for voluntary promotion or transfer to any position within Maricopa County for a period of one year from the date of the positive testone 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 Aalcohol and Ddrug Ttesting. Policy Title: ALCOHOL AND DRUG-FREE WORKPLACE AND TESTING Policy Number: HR2436 Current Adoption Date: 0609-2819- 201823 Page 7 of 7 2. Positive Test Results: The employee may 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 Aalcohol and Ddrug Ttesting can submit a written request shall be afforded access to review the results of their own testir test results from HR and have the opportunity to explain a positive test result. A written request for record review should be submitted to Department HR or Employee Relations. E.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. IX. CONFIDENTIALITY OF INFORMATION A. Alcohol and Drug Testing results shall be kept confidential. Employee Relations will retain copies of test results consistent with the applicable retention schedule. Information regarding Alcohol and Drug Testing results may be reviewed by County management and legal counsel, Appointing Authorities and Human Resources staff. 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)