2022-173 - Laserfiche WebLink

Home Browse Search

22.0 Reasonable Suspicion Drug Testing 22.1 Employees will be required to submit to drug and/or alcohol testing when a supervisor has "reasonable suspicion" as defined in this Policy, to believe that an employee is using or has used drugs or alcohol in violation of this Policy. The supervisor will document the circumstances which formed his or her determination. A copy of this documentation will be given to the employee upon request within seven days from the date of the supervisor's determination of "reasonable suspicion." 23.0 Confidentiality and Records Maintenance 23.1 Confidentiality of records concerning drug testing pursuant to the Drug Free Workplace Policy will be maintained by the Risk Manager in accordance with Florida law. All information, records, drug test results in the possession of the County, laboratories, employee assistance programs and drug and alcohol rehabilitation programs will be kept confidential. No such program's information or records will be released unless written consent, signed by an employee or job applicant, is provided or unless disclosure of such information or records is compelled by court order. The County may also disclose such information when relevant in any civil, disciplinary, or administrative hearing. The County will maintain records concerning drug testing separate and apart from a job applicant or employee's personnel file. 24.0 Challenge of Test Results of Drug Test Under Florida Law 24.1 An employee or job applicant who receives a positive confirmed test result may challenge the result by requesting retesting at the employee's expense. 25.0 Medical Review Officer's Responsibilities for Testing Under Florida Law 25.1 The Medical Review Officer (MRO) shall fully comply with all of the requirements set forth in Rule 59A-24.008(1) Florida Administrative Code, as it may from time to time be amended. The MRO shall be a licensed physician who has knowledge of substance abuse disorders, laboratory testing procedures, chain of custody collection procedures, and medical use of prescription drugs and pharmacology and toxicology of illicit drugs. Drug and Alcohol Testing of Commercial Drivers License Holders In addition to the policies and procedures set forth above, some employees who are required to operate commercial motor vehicles are subject to drug and alcohol testing as required by the Omnibus Transportation Employee Testing Act of 1991, 49 USC 2714-2717 (1993), and pursuant to all applicable procedures and regulations promulgated by the Department of Transportation and the Federal Highway Administration, as well as any additional policy adopted by the County pursuant to those federal laws and regulations. In cases where the requirements of both federal and state drug and alcohol laws and regulations and/or the County's Drug -Free Workplace Policy may be applicable, the requirements of federal drug and alcohol laws and regulations will control if a conflict arises between federal law and regulations and the requirements of state law or the County's Drug -Free Workplace Policy. Federal Transit Administration Drug and Alcohol Testing Employees designated as safety -sensitive in accordance with the Federal Transit Administration regulations will be subject to the drug and alcohol testing requirements contained in 49 CFR Part 655, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations." For these positions, the County complies with 49 CFR, Part 40, "Procedures for Transportation Workplace Drug Testing Programs." A safety -sensitive employee will be required to submit to secondary testing when the MRO informs the County that a negative test was dilute (i.e., a creatinine concentration of less than 20 milligrams per deciliter and a specific gravity of 1.0003 or less).