ALCOHOL AND DRUG FREE WORKPLACE POLICY (HR2436) 09-19-2018.PDF

MARICOPA COUNTY INTERNAL POLICY
Policy Title: Policy Number: HR2436
ALCOHOL AND DRUG-FREE
Current Adoption Date: 09-19-2018
WORKPLACE AND TESTING
Current Implementation Date: 09-19-2018
Approved by: Board Agenda Number: C-31-19-004-6-00
BOARD OF SUPERVISORS
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; 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 policy is authorized by the Board of Supervisors pursuant to A.R.S.§11-251.
III. APPLICATION
This policy applies to employees of all Maricopa County appointed departments as well as the Flood Control
District, the Library District, and the Stadium District. 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
policy A2234 d. Injury and Illness Prevention Plan: Vehicle and Equipment Safety Program.
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 Arizona Revised Statutes
(A.R.S.) Title 36, 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.
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.
H. HR Director: The Maricopa County Human Resources Director or designee.

Policy Title: Policy Number: HR2436
ALCOHOL AND DRUG-FREE WORKPLACE AND
TESTING Current Adoption Date: 09-19-2018
I. 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 alcohol and drug test results.
J. 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, and/or body odors of the employee.
K. Safety Sensitive Position: A position with responsibilities where the risk to public safety is substantial
and real.
L. Under the Influence: The term applied to a person who has the presence of alcohol or Controlled
Substances 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 its employees and customers. The County offers health insurance plans, behavioral health
benefits, and the Employee Assistance Program (EAP) to make employees aware of the dangers of using
alcohol and drugs and to confidentially support and assist employees with concerns related to alcohol and
drug use.
B. The unlawful manufacture, distribution, dispensation, possession or use of alcohol and/or Controlled
Substances while on-duty or in a Covered Workplace is prohibited.
C. Maricopa County employees should notify their supervisor or manager immediately when they believe an
employee may be Under the Influence of alcohol or drugs while on-duty or in a Covered Workplace.
D. Supervisors or managers will observe an employee suspected to be Under the Influence and will follow
the steps in Section VI of this policy when they have reasonable suspicion to believe an employee may
be Under the Influence of alcohol or drugs while on-duty or in a Covered Workplace.
E. Maricopa County 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 drug related charges, arrests, and convictions may have a direct impact on an employee’s
ability to perform job responsibilities or meet job requirements. In accordance with HR2416 Code of
Conduct, employees shall notify their Appointing Authority, as soon as reasonably practicable, of any
charge, arrest or conviction for an alcohol or drug-related 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 seek appropriate consultation from their Group HR Manager or assigned legal counsel
when reviewing the circumstances of any reported alcohol or drug-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.
Page 2 of 5

Policy Title: Policy Number: HR2436
ALCOHOL AND DRUG-FREE WORKPLACE AND
TESTING Current Adoption Date: 09-19-2018
VI. SAFETY SENSITIVE POSITION TESTING PROCEDURES
A. Consent: Applicants sign a conditional offer of employment letter indicating that they consent to Alcohol
and Drug Testing.
1. Applicants that refuse to consent to testing will have their applications withdrawn from the selection
process and will be ineligible for employment in any Safety Sensitive Position with Maricopa County
for a period of one year from the date of refusal to test.
B. Testing: Department HR will schedule the applicant to complete Alcohol and Drug Testing as soon as
practicable but within 72 hours after a conditional offer of employment has been accepted.
C. Results: Department HR will receive the final results of the pre-employment Alcohol and Drug Testing
from the medical facility.
VII. REASONABLE SUSPICION TESTING PROCEDURES
A. HR Notification: When a supervisor or manager believes an employee may be Under the Influence of
alcohol or drugs in the workplace, they shall immediately:
1. Call their 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 Under the
Influence. It is imperative that positive verbal contact be made with the Group HR Manager or
Employee Relations 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, 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 monitored.
B. Observed Behaviors: The Group HR Manager or Employee Relations will assess the specific behaviors
and/or factors observed by at least two observers to determine if Reasonable Suspicion Alcohol and Drug
Testing of the employee is justified and will decide the best course of action in situations where two
observers are not physically available to observe the employee.
C. Testing: If testing is justified, the Group HR Manager, Employee Relations, HR Liaison, manager and/or
supervisor will meet with the employee as soon as possible and explain what has been observed and
documented.
1. The employee should be given the opportunity to explain if there is a reason for the observed behavior.
2. If the employee offers a reason for this behavior, they may still be required to submit to Alcohol and
Drug Testing to verify the explanation.
D. Consent: The employee signs 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 HR.
E. Transporting Employee: The Group HR Manager, Employee Relations, manager or supervisor will make
arrangements to safely transport the employee to the Alcohol and Drug Testing 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 test.
Page 3 of 5

Policy Title: Policy Number: HR2436
ALCOHOL AND DRUG-FREE WORKPLACE AND
TESTING Current Adoption Date: 09-19-2018
1. The employee should be transported in a County vehicle. When extenuating circumstances exist, a
personally owned vehicle may be used to transport the employee.
2. The 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 the individual driving shall be authorized
to drive County or private vehicles for County business. Only when extenuating circumstances exist
will it be permitted to have only one supervisor, manager or Security Services staff accompany the
employee.
3. If the employee being transported becomes belligerent or uncooperative, Security Services and/or
local law enforcement should be notified and the employee may be placed on administrative leave
pending any subsequent investigative/disciplinary actions.
F. Administrative Leave: The employee is placed on administrative leave after the testing is complete,
pending receipt of the test results and any subsequent investigative/disciplinary actions.
G. Follow-Up Actions: Complete the following actions once the employee has been transported to the
testing facility.
1. The Group HR Manager or Employee Relations are responsible for timely notification of the situation
to the Appointing Authority and HR Director.
2. The individual(s) that accompanied 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 Testing has been
completed and the employee has been safely transported home or to the location of their choice.
3. The observers will document the specific behaviors and/or factors they observed that led them to
believe the employee is Under the Influence and the individuals that accompanied the employee to
the test facility will document any relevant actions that occurred during transport and testing. All
documentation will be forwarded to the Group HR Manager and Employee Relations.
H. 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:
1. 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.
2. 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.
3. Places the employee on administrative leave pending any subsequent investigative/disciplinary
actions.
4. Makes arrangements to safely transport the employee home or to the location of their choice.
I. 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.
VIII. TEST RESULTS
A. A Medical Review Officer from the medical facility will review any Alcohol and Drug Testing result that
requires medical interpretation. A second test may be required in the case of inconclusive results.
Page 4 of 5

Policy Title: Policy Number: HR2436
ALCOHOL AND DRUG-FREE WORKPLACE AND
TESTING Current Adoption Date: 09-19-2018
B. Applicants or employees who are taking prescription medication that may cause a positive test result may
notify the Medical Review Officer of their use of prescription medication. The Medical Review Officer will
make the final determination whether a test result is positive or negative.
C. Safety Sensitive Position Testing:
1. Negative Test Results: The Applicant may be cleared for hire.
2. Positive Test Results: The Applicant will be disqualified from the selection process.
a. External Applicants are ineligible for employment in any position with Maricopa County for a period
of 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 a period of one year from the date of the positive test and may be placed on
administrative leave pending investigative/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.
2. Positive Test Results: The employee may remain on administrative leave pending the completion of
any investigative/disciplinary actions.
E. Applicants and employees subject to Alcohol and Drug Testing shall be afforded access to the results of
their own test and the opportunity to explain a positive test result. A written request for record review
should be submitted to Department HR or Employee Relations.
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.
B. 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)
Page 5 of 5