[Added 6-3-2014 by Ord. No. 22-14]
In Accordance with 46 CFR Subpart 4.06, Marine Casualties and
Investigations, 46 CFR Part 16, Chemical Testing, and 33 CFR Part
95, Operating a Vessel While Under the Influence of Alcohol or a Dangerous
Drug, and 49 CFR 40 Department of Transportation (DOT) Workplace Drug
Testing Program, as Amended From Time to Time
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 italicized 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 DOT and the Coast Guard.
A. All persons who continue employment after the provisions of this
article are effective or hereafter tentatively selected for employment
performing the following United States Coast Guard Safety Sensitive
Functions (hereinafter "Safety Sensitive Functions"), and occupy United
States Coast Guard 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 the Coast Guard and DOT as
found in the Substance Abuse Testing Procedure Manual for Marine Vessel
Employees:
(1)
Work involving control, operation, lifesaving, mooring, or cargo
on a vessel on either a routine or emergency only basis.
B. Job titles and class specifications for these Safety Sensitive Positions
are listed in the Substance Abuse Testing Procedure Manual for Marine
Vessel Employees.
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 40 and 46 CFR Subpart 4.06, Marine Casualties and Investigations, 46 CFR Part 16, Chemical Testing, and 33 CFR Part 95, Operating a Vessel While Intoxicated, and 49 CFR 40 DOT Workplace Drug Testing Program, 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.
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, it is illegal to manufacture, use, sell, distribute, or possess controlled dangerous substances (substances controlled by federal or state government) 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.
C. A County Safety Sensitive Employee reasonably suspected of violating procedures outlined in the Substance Abuse Testing Procedure Manual for Marine Vessel Employees 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 a 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 Section 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 Section 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 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 Section 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; and
(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 in writing given 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 results by Subsection F(1)(g) above shall be given within five days after the failure to submit to a 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 an 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.
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 33 CFR Part 95, 46 CFR Subparts
4.06 and 16, 49 CFR Part 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, and 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 preemployment 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 a 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 or no
longer employed the employee shall be required to take a pre-employment
drug test under 46 CFR Part 16, 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 Marine Vessel Employees. Pre-employment
drug testing may be waived by the County if within the six months
prior to returning to the Safety Sensitive Position a drug test has
been passed and no subsequent positive tests have occurred or the
applicant has been subject to a random drug testing program in accordance
with Coast Guard regulations for at least 60 days of the preceding
185 days to returning to work and did not have a positive drug test
or refuse a drug test. A waiver requires Medical Review Officer documentation.
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.
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 program or other treatment. Assistance in contacting
an approved rehabilitation or treatment program shall be provided
by the Employment 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.
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 instituting any changes becoming
effective.
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.
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.