Calvert County, MD Article III Substance Abuse Program for Positions Covered By the Department of Transportation (DOT), Federal Transit Administration (FTA) in Accordance with 49 CFR Parts 655 and 40, as Amended from Time to Time

[Amended 6-3-2014 by Ord. No. 22-14]

§ 86-6-301 General statement.

Any provisions set forth in this policy that are included under the sole authority of the County and are not provided under the authority of the above named federal regulations are italic indicating it is a requirement of Calvert County government for employment and not required by the DOT. Any tests performed outside DOT authority shall not use DOT forms. Language not italicized is required by FTA.

§ 86-6-302 Persons subject to testing.

A. All persons who continue employment after the provisions of this article are effective or hereafter tentatively selected for employment performing the following FTA Safety Sensitive Functions (hereinafter "Safety Sensitive Functions"), and occupy FTA Safety Sensitive Positions (hereinafter "Safety Sensitive Positions"), are referred to in this article as "Safety Sensitive Employees" and shall be required to have urine drug tests and breath/saliva alcohol tests pursuant to policies and procedures adopted by the Office of Personnel to ensure compliance with FTA as found in the Substance Abuse Testing Procedure Manual for Employees of Transit Systems:

(1) Operating a revenue service vehicle for any purpose, including when not in revenue service;

(2) Operating a nonrevenue service vehicle when it is required to be operated by a holder of a Commercial Driver's License (hereinafter "CDL");

(3) Controlling dispatch or movement of a revenue service vehicle or equipment used in revenue service;

(4) Maintaining a revenue service vehicle, including such acts as repairs, upkeep, overhaul, rebuilding or any other process which keeps the vehicle operational.

B. Job titles and class specifications for the Safety Sensitive Positions are listed in the Substance Abuse Testing Procedure Manual for Employees of Transit Systems.

§ 86-6-303 Purpose of Safety Sensitive Employee drug testing.

A. In addition to regulations outlined in § 86-6-101, the County is committed to complying with all applicable federal regulations concerning substance abuse including, without limitation, 49 CFR Parts 655 and 40, as amended.

B. The use of any drug, including alcohol, can interfere with the safe and efficient functioning of the Calvert County government. Since the County goal is to provide a safe workplace and have Safety Sensitive Employees function in the most efficient manner, drug or alcohol abuse is a matter of County concern and shall be dealt with in an appropriate manner.

C. Questions regarding the substance abuse testing policy shall be referred to the Director of Personnel, 150 Main Street, Prince Frederick, Maryland 20678.

§ 86-6-304 Statement of policy for affected Safety Sensitive Employees.

A. Disciplinary action. A Safety Sensitive Employee that refuses to cooperate with this article shall be immediately removed from performing Safety Sensitive Functions, and shall be subject to disciplinary action, up to and including termination of employment, in accordance with the procedures set forth in Part 9 of Chapter 86 of the Calvert County Code.

B. Consistent with the Drug-Free Workplace Act of 1988,[1] it is illegal to manufacture, use, sell, distribute, or possess controlled dangerous substances in the workplace and would be a violation of this article and proper cause for administrative or disciplinary action up to and including termination of employment, in accordance with the procedures set forth in Part 9 of Chapter 86 of the Calvert County Code.

[1] Editor's Note: See 41 U.S.C. § 8101 et seq.

C. A County Safety Sensitive Employee reasonably suspected of violating procedures outlined in the Substance Abuse Testing Procedure Manual for Employees of Transit Systems may be requested to submit to a medical test to determine fitness for duty. Refusal to submit to a medical test is an act contrary to this policy and shall subject an Safety Sensitive Employee to disciplinary action up to and including termination of employment, in accordance with the procedures set forth in Part 9 of Chapter 86 of the Calvert County Code.

D. Required hours of compliance. Off-the-job alcohol or drug use may adversely affect a Safety Sensitive Employee's job performance and could jeopardize the safety of other employees, the public, and property.

(1) For those Safety Sensitive Employees on duty or on call to perform Safety Sensitive Functions, no alcohol or alcohol containing substance may be consumed four hours prior to being scheduled to perform a Safety Sensitive Function; while performing a Safety Sensitive Function; immediately after performing a Safety Sensitive Function; and up to eight hours following an accident or until the Safety Sensitive Employee undergoes a post-accident test, whichever occurs first. Each Safety Sensitive Employee is prohibited from reporting to work or remaining on duty requiring the performance of Safety Sensitive Functions while having an alcohol concentration of 0.02 or greater regardless of when the alcohol was consumed.

(2) A Safety Sensitive Employee is prohibited from the use of controlled dangerous substances at any time on or off-the-job although testing shall only be conducted while on duty. A Safety Sensitive Employee shall not report for duty or remain on duty requiring the performance of Safety Sensitive Functions when the Safety Sensitive Employee uses any drugs, except when the use is pursuant to the instructions of a physician who has advised the Safety Sensitive Employee that the substance does not adversely affect the Safety Sensitive Employee's ability to perform Safety Sensitive Functions. This policy also applies to off-site lunch periods or breaks when the Safety Sensitive Employee is scheduled to return to work.

E. Prescription drugs. Safety Sensitive Employees undergoing medical treatment with a prescribed drug or controlled substance which may alter their physical or mental ability must report this fact to their supervisor. The supervisor shall require doctor's certification that the Safety Sensitive Employee can continue his regular job, be reassigned to another non-Safety Sensitive Function, or be placed on leave if there is no available job which the employee can safely perform.

F. Notification.

(1) A Safety Sensitive Employee shall report the following:

(a) Receipt of any citation, regardless when cited, alleging a violation of § 21-902 of the Transportation Article of the Annotated Code of Maryland, as amended from time to time (driving while under the influence or impaired by drugs and/or alcohol);

(b) Disposition of probation before judgment for any alleged violation of § 21-902 of the Transportation Article of the Annotated Code of Maryland, as amended from time to time (driving while under the influence or impaired by drugs and/or alcohol);

(c) Receipt of any citation alleging a moving traffic violation, regardless when cited;

(d) Notice of intended or actual suspension or revocation of the Safety Sensitive Employee's driver's license;

(e) Receipt of any citation alleging a failure to submit to a test as required by § 16-205.1 of the Transportation Article of the Annotated Code of Maryland, as amended from time to time, regardless when cited;

(f) Failure of the Safety Sensitive Employee to submit to random drug or alcohol testing as prescribed by this chapter;

(g) Any positive results for drug and/or alcohol tests administered on the Safety Sensitive Employee; and

(h) Any of the above actions occurring in other states must be reported as if the event occurred in Maryland.

(2) The notification required by Subsection F(1) above shall be given, in writing, by the Safety Sensitive Employee to the Safety Sensitive Employee's supervisor, department head, and Director of Personnel.

(3) The notification of failure to submit to testing as prescribed by Subsection F(1)(f) above or of positive test result by Subsection F(1)(g) above shall be given within five days after the failure to submit to drug and/or alcohol test or of the Safety Sensitive Employee's receipt of the test results, citation, notice or disposition.

(4) Failure to comply with the requirements of this section shall subject the Safety Sensitive Employee to disciplinary action, up to and including termination of employment, in accordance with the procedures set forth in Part 9 of Chapter 86 of the Calvert County Code.

G. Off-the-job convictions. Safety Sensitive Employees who are arrested for off-the-job illegal alcohol or drug activity may be reassigned or suspended without pay in appropriate cases pending disposition of the criminal prosecution. Safety Sensitive Employees who are convicted of off-the-job illegal alcohol or drug activity may be considered in violation of this policy punishable in accordance with the procedures set forth in Part 9 of Chapter 86 of the Calvert County Code. In deciding what action to take, supervisors shall take into consideration the nature of the conviction, the relationship of the offense to the Safety Sensitive Employee's job responsibilities, the Safety Sensitive Employee's record with the County, and other factors relative to the impact of the Safety Sensitive Employee's conviction upon the conduct of County business.

§ 86-6-305 Implementation and training.

A. The Director of Personnel is the primary designated employer representative (hereinafter "DER") for implementation of this article and has the responsibility to promulgate regulations and procedures to ensure that the program is in compliance with 49 CFR Parts 655 and 40, as amended.

B. Test administration.

(1) Analytical urine drug testing and breath/saliva testing for alcohol will be conducted as required by 49 CFR Part 40, as amended. All Safety Sensitive Employees shall be subject to testing prior to employment, for reasonable suspicion, following an accident, or randomly as defined in this article and regulations and procedures set forth by the DER. All Safety Sensitive Employees who have voluntarily sought assistance for problems with drugs or alcohol will be tested prior to returning to duty after completion of the substance abuse professional's (hereinafter "SAP") recommended treatment program and subsequent release to duty. In addition to other permissible testing, follow-up testing will be conducted for a period of one to five years, with at least six tests performed during the first year. The duration and frequency of the follow-up testing above the minimum requirements will be as prescribed by the SAP.

(2) A drug test can be performed any time a Safety Sensitive Employee is on duty, and an alcohol test can be performed just before, during, or after the performance of a Safety Sensitive Function.

(3) All Safety Sensitive Employees will be subject to urine drug testing and breath/saliva alcohol testing as a condition of on-going employment with Calvert County government. Any Safety Sensitive Employee who refuses to comply with a request for testing shall be removed from duty and subject to disciplinary action, up to and including termination of employment, in accordance with the procedures set forth in Part 9 of Chapter 86 of the Calvert County Code. Any Safety Sensitive Employee who is suspected of providing false information in connection with a drug test, or who is suspected of falsifying test results through any method, including, without limitation, tampering, contamination, adulteration, or substitution will be required to undergo an observed collection. Verification of falsifying test results through any method, including, without limitation, tampering, contamination, adulteration, or substitution will be considered a test refusal and will result in the Safety Sensitive Employee's removal from duty and the Safety Sensitive Employee shall be subject to disciplinary action, up to and including termination of employment, in accordance with the procedures set forth in Part 9 of Chapter 86 of the Calvert County Code.

C. Pre-employment testing procedures.

(1) All offers of employment for Safety Sensitive Positions are extended conditionally upon the applicant passing a pre-employment drug test. An applicant shall not be hired into a Safety Sensitive Position unless the applicant takes a drug test and receives a verified negative result.

(2) No employee shall be placed, transferred, detailed, or promoted into a Safety Sensitive Position until the employee takes a drug test and receives a verified negative result. If the employee that is being considered for placement, transfer, or promotion into a Safety Sensitive Position receives a verified positive drug test result, the employee shall be subject to disciplinary action up to and including termination of employment, in accordance with the procedures set forth in Part 9 of Chapter 86 of the Calvert County Code.

(3) For any applicant or Safety Sensitive Employee that fails or refuses a pre-employment drug test, the conditional offer of employment is automatically rescinded. Failure or refusal of a pre-employment drug test shall disqualify an applicant for employment. An applicant or Safety Sensitive Employee may be considered for a Safety Sensitive Position in the future if documentation has been received evidencing that he/she has successfully completed an SAP referral, evaluation, and treatment plan and a negative pre-employment drug test has been conducted.

(4) When a Safety Sensitive Employee is on extended leave for a period of 90 days or more, regardless of the reason, the Safety Sensitive Employee shall be required to take a pre-employment drug test under 49 CFR Part 655, as amended, and receive a negative test result prior to performing Safety Sensitive Functions. Positive test results will require following procedures set forth in the Substance Abuse Program Procedure Manual for FTA.

§ 86-6-306 Compliance with policy as condition of employment.

Compliance with the County's substance abuse policy is a condition of employment. Safety Sensitive Employees shall be required to sign an acknowledgment that they have received a copy of this policy. Applicants that refuse to consent to this policy shall not be considered for employment.

§ 86-6-307 Voluntary rehabilitation.

A. In an effort to meet the purpose of this substance abuse policy, the County provides a program that is helpful to Safety Sensitive Employees who would like to end their substance abuse but who have not tested positive in a drug or alcohol test. The County shall not take adverse action against such a Safety Sensitive Employee for voluntarily requesting assistance in dealing with a personal substance abuse problem but cannot perform Safety Sensitive Functions until the Safety Sensitive Employee has completed an approved rehabilitation or treatment program. The Safety Sensitive Employee may request leave to participate in a rehabilitation or treatment program. Assistance in contacting an approved rehabilitation or treatment program shall be provided by the Employee Assistance Program. At the conclusion of treatment, arrangements for drug and alcohol testing follow-up shall be made. Before returning to work in a Safety Sensitive Function, the Safety Sensitive Employee must have a verified negative test result.

B. Voluntary participation in treatment programs may not prevent disciplinary action for violations of work rules that have already occurred.

§ 86-6-308 Changes or modifications.

DOT regulations change from time to time, and the County reserves the right to change the provisions of these policies and procedures relative to this testing program in the future to implement the new requirements as they become effective. All personnel shall be notified, in writing, at least 30 days prior to any changes becoming effective.

§ 86-6-309 Proper application of the policy.

Calvert County government is dedicated to ensuring fair and equitable application of this substance abuse policy. Therefore, supervisors and managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor or manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action up to and including termination of employment, in accordance with the procedures set forth in Part 9 of Chapter 86 of the Calvert County Code.

§ 86-6-310 Information disclosure.

Drug and alcohol testing records shall be maintained by the DER and, except as provided by law or as necessary for safety and disciplinary action, the results of any drug or alcohol test shall not be disclosed without express written consent of the tested Safety Sensitive Employee.