[Adopted 2-13-1990 (P-35)]
A. Purpose.
(1) The pervasive presence of alcohol and substance abuse in our society
and the adverse effect on employee health, safety, and productivity
in the workplace requires the establishment of an effective, fair,
and lawful policy governing the Kent County Levy Court.
(2) The Kent County Levy Court, in a positive effort to provide a healthy
and safe working environment for all of its employees, has developed
a substance abuse policy.
(3) It is therefore expected that all employees will maintain an appropriate
level of fitness for duty. All persons covered by this Policy should
be aware that violations of the Policy may result in discipline, up
to and including termination, or in not being hired. The guidelines
and procedures for this Policy are defined as follows, and shall cover
all Kent County employees.
B. Policy.
(1) Preemployment substance screening.
(a) A substance screening for excessive alcohol use, misused prescription
drugs, or illicit drugs, will be required as a condition of employment
for all new hires.
(b) A positive confirming second test, on the original screening sample,
for alcohol use, misused prescription drugs, or illicit drugs will
be the basis for disqualification of the applicant.
(c) If either of the tests is negative, the applicant satisfies the substance
level requirements.
(d) An applicant whose test shows a positive result will have 24 hours
after receiving notification of the positive result to provide bona
fide verification of a current valid prescription.
(2) Policy statement.
(a) It is the policy of the Kent County Levy Court that employees shall
not:
[1]
Report to work under the influence of alcohol or drugs.
[2]
Have the odor of alcohol or drugs on their breath, or in their
possession, while on duty or "on-call."
[3]
Sell or provide drugs or alcohol to any other employee or to
any person while such employee is on duty.
[4]
Have their ability to work impaired as a result of alcohol or
drugs.
(b) Such actions will constitute violation of the established personnel
policy, and are cause for disciplinary action up to an including termination.
(3) The appropriate law enforcement agency will be notified of any sale,
distribution, possession, and/or use of illegal substances by an employee
while on duty, during lunch and other breaks, or at any time while
the employee is on a County work site or County working time.
(4) Confirmation of drug or alcohol use or abuse will result in disciplinary
action.
(5) While use of medically prescribed or some otherwise legal medications
and drugs is not a violation of this Policy, when such drug use adversely
affects job performance, the employee will be required to use sick
leave, and then a personal leave of absence, if necessary.
(6) When taking medications or drugs which may interfere with the safe
and effective performance of duties by a County employee, failure
to notify an employee's supervisor before beginning work may result
in a disciplinary action up to and including termination.
(7) Discipline for being under the influence of alcohol or nonprescribed
controlled substances during non-job-related activities will be based
on the employee's work history, previous disciplinary actions, and
previous identification of substance use problems.
(8) When an employee's driver's license is suspended due to alcohol or
drug use or abuse, and driving is required by the employee's job description,
said employee is subject to disciplinary action or termination.
(9) Substance screening for current employees:
(a) Alcohol and/or drug tests of existing employees will only be conducted
when there is reasonable suspicion that alcohol or substance abuse
is involved in the workplace.
[1]
"Reasonable suspicion" shall be based on objective and definitive
facts sufficient to lead a reasonable, prudent supervisor to suspect
that an employee is under the influence of drugs or alcohol so that
the employee's ability to perform the functions of the job is impaired
or so that the employee's ability to perform his or her job safely
is reduced.
[2]
All charges of reasonable suspicion must be confirmed by a second
higher ranking supervisor and/or department manager.
(b) The circumstances in which drug and/or alcohol testing may be required
due to a reasonable suspicion of alcohol or drug use or abuse may
include the following:
[1]
Observed alcohol or drug possession or use during work hours
(i.e., drug paraphernalia, remains of marijuana cigarettes, plastic
sandwich bags with non-food residue inside.)
[2]
Apparent physical state of intoxication or drug-induced impairment
of motor functions (i.e., red and watery eyes, dilated pupils, drowsiness
or sleeping, slurred speech, hand tremors, inability to walk in a
straight path, alcohol on breath).
[3]
Incoherent or irrational mental state (i.e., irrational physical
altercation, irrational verbal altercation, memory gaps).
[4]
Marked changes in personal behavior, or attitude not attributable
to other factors (i.e., sudden unexplained changes in mood and personality,
changes in disposition, changes in appearance, including inattention
to personal hygiene, frequently borrowing money).
[5]
Deteriorating work performance or attendance problems not attributable
to other factors (i.e., persistent tardiness, persistent absenteeism,
an above-average injury rate, regularly claiming sick benefits or
worker's compensation).
[6]
Employee involvement in an accident during work hours in which
a review of the circumstances of the accident or other relevant facts
lead to a reasonable suspicion that the employee may be under the
influence of alcohol or drugs.
[7]
Incriminating information from a reliable source or other employee
actions or conduct that leads to a suspicion that the employee is
under the influence of alcohol or drugs, suffers from substance abuse,
or is in violation of existing County rules concerning the use of
substances (i.e., reports by family members or friends about employee's
alcohol or drug abuse, unexplained secret meetings with other employees
or others).
(c) An employee whose test shows a positive result will have 24 hours
after receiving notification of the positive result to provide bona
fide verification of a current valid prescription which may have caused
the positive result. The prescription must be in the employee's name.
(10) Drug and alcohol use during off-hours will also violate this Policy
when such usage impairs job performance, at which time an employee
is subject to disciplinary action and the rules regarding reasonable
suspicion.
(11) When there is reasonable suspicion of alcohol and/or drug use by
an employee involved in serious or repetitive accidents causing death
or personal injury to self or others, and/or significant property
damage, alcohol and drug tests shall be administered to employees
immediately following such work-related incidents. Confirmation of
such drug or alcohol use through documented reasonable suspicion and
a positive drug/alcohol screen test shall be cause for termination.
(a)
When reasonable suspicion has been adequately established, an
immediate disciplinary suspension may be issued.
(b)
When reasonable suspicion has been adequately established, refusal
to submit immediately to an alcohol and/or drug analysis when requested
by management will constitute insubordination.
(12) It is the policy of the County to provide a just procedure for the
presentation, consideration, and disposition of employee grievances.
Such will be done in accordance with the personnel rules and regulations.
C. Testing
procedure.
(1) To insure accuracy, employee specimens must be given as soon as possible
after charges of drug or alcohol use or abuse have been made. These
charges must follow the guidelines for establishing reasonable suspicion.
(2) In establishing reasonable suspicion, the supervisor or an employee
suspected of being impaired by alcohol or drugs shall document his
or her observations and confirm those observations with a higher ranking
supervisor and/or department manager. Following such time, the supervisor
and/or department manager may require the suspected, impaired employee
to report to a designated physician, clinic, or hospital on the County's
time and at the County's expense for a fitness for duty examination,
which will include, but not be limited to, urine analysis testing.
(3) Any employee who refuses to submit to said testing will be found
in violation of this Policy. In such case, the determination of impairment
made by the supervisor and/or department manager will be binding and
the employee will be removed from the work site and subject to disciplinary
action.
(4) Alcohol and drug tests on employees immediately following work-related
incidents that involve serious or repetitive accidents causing death
or personal injury to self or others and/or significant property damage,
when there is reasonable suspicion that alcohol and/or drug abuse
by the employee is involved.
(a) Testing will be done for at least the following substances:
Amphetamines (uppers)
Barbiturates (downers)
Benzodiazepines (Valium)
Cocaine
Marijuana
Opiates (opium)
Phencyclidine (PCP)
Methaqualone (quaaludes)
Alcohol
(b) The analysis shall be conducted in accordance with legally established
clinical procedures of privacy, which include a defined chain of custody
and mandatory consent.
(c) The urinalysis or screening method used is the EMIT method. Gas chromatography
is used as a confirming second test if the screening is positive.
If either of the tests is negative, the employee has passed.
D. Employee
assistance.
(1) The Kent County Levy Court recognizes alcohol and/or drug dependency
as a treatable condition. An employee whose job performance, health,
or behavior has deteriorated as a result of alcohol or drug use may
use the employee referral program and health coverage insurance as
appropriate. Employees should contact the Personnel Office for additional
information.
(2) Volunteer efforts to seek and use such help will not jeopardize an
employee's employment status. Such efforts will not appear on his
or her personnel records if the employee volunteers prior to documented
reasonable suspicion. However, said employees must follow suspension
guidelines before returning to work.
(3) Employees receiving treatment for drug or alcohol abuse may use sick
leave, vacation leave, and then may be granted a limited leave without
pay, or an extended leave without pay in accordance with established
personnel policies.
(4) Involvement of an employee in an alcohol and drug program does not
suspend disciplinary measures which an employee may be subject to
as a result of conduct or behavior which violates work rules or regulation
or is contrary to County policy.
E. Suspension
guidelines.
(1) Employees placed on suspension from employment due to confirmed abuse
of alcohol or drugs shall be required to complete the following before
reinstatement to any position with the County government:
(a) Submit at least 15 attendance slips showing proof of daily participation
in Alcoholics Anonymous, or another approved rehabilitation organization.
(b) Submit the name and telephone number of the rehabilitation organization
sponsor to the County Personnel Director.
(c) Submit the results of at least three drug screening tests beginning
of the first day of affiliation with a rehabilitation organization.
(2) Upon completion of the above three items, a meeting attendance will
be required at a designated counseling center to determine the condition
of applicable disease. Attendance may also be required at meetings
with the County Administrator and the Personnel Director to explain
the diagnosis. The Personnel Director and the County Administrator
will then consider the safety and security of the employee's employment
and a decision will be made as to whether a suspension shall be lifted
and reinstatement made in some capacity.
(3) Any employee who has a positive substance screening must be given
a return-to-duty substance screening before resuming duties. Additional
unannounced screenings may be required by the Levy Court for up to
60 months after duties have been resumed. All costs of such return-to-duty
screenings and treatment shall be the responsibility of the employee.
F. Confidentiality.
(1) It is the policy of the Levy Court not to conduct random testing
of existing employees. However, the County shall require unannounced
retesting of employees who have agreed to such testing as part of
a disciplinary action or rehabilitation program.
(2) Laboratory reports or test results shall be maintained in an employee's
confidential medical file. The reports or test results may be disclosed
to a designated person in County management on a strictly need-to-know
basis and to the tested employee upon request.
[Adopted 2-9-1999 (P-76)]
This Policy prohibits smoking in all County-owned or -controlled
buildings and vehicles, regulates smoking breaks by County employees,
and establishes the provisions of the Delaware Clean Indoor Air Act
regulations.
A. Smoking
by employees or the public is prohibited in all public areas and offices
within County-owned or -controlled buildings and in County-owned vehicles.
B. Smoking
shall only be permitted in specific areas outside County-owned and
-controlled buildings. The specific areas shall be located at the
rear of a building outside of public view, away from public or employee
entrances, and at least 20 feet from any exterior entryway (except
that smoking shall be permitted on the second floor of the Administrative
Complex rooftop mezzanine). The County will not incur any expense
to make structural or physical modifications to accommodate individual
smoking preferences.
[Amended 3-27-2018 (P18-02)]
C. Smoking
by employees shall be limited to permitted breaks and rest periods
of short duration or during the scheduled meal period. Lengthy or
an excessive number of smoking breaks is prohibited.
D. Enforcement
of this Policy shall be the responsibility of each department head.
Complaints, disputes or objections arising from this Policy shall
be directed to the affected department head or the Personnel Office.
E. Employees
violating this Policy shall be subject to disciplinary action up to
and including termination, but employees exercising their rights under
the Delaware Clean Indoor Air Act shall not be subject to retaliation
or any adverse personnel action.
F. This
Policy shall be displayed in all normal employee posting areas and
"no smoking" signs shall be installed where appropriate.