Agenda

Back to Calendar Return

County Administrator's Report 12. 4.

BCC Regular Meeting

Technical/Public Service Consent

Meeting Date:	05/05/2016
Issue: Substance Abuse Policy - Section II, Part C.12
From:	Thomas Turner
Department:	Human Resources
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Board of County Commissioners’ Substance Abuse Policy - Thomas G. Turner, Human Resources Department Director

That the Board take the following action concerning the Board of County Commissioners’ Substance Abuse Policy, Section II, Part C.12:

A. Approve the following revisions:

1. In Section B. Scope, add "and Florida Statutes, Chapter 112.440," to adhere to requirements of the Florida statutes;

2. In Section D.3.b., add that the employee will be placed on paid administrative leave pending the results of the laboratory test;

3. In Section D.3.e.(4), where reasonable suspicion exists add that the employee will be placed on administrative leave pending results of the laboratory test and that a confirmed positive test result will end the paid administrative leave and will result in the employee's termination;

4. In Section D.5.b, add "a random sample of employees chosen for drug testing (which includes alcohol by definition) may not constitute more than 10 percent of the total employee population. Pool selection to be quarterly."

5. In Section H.3., add that a first incident of a reasonable suspicion or post-accident confirmed positive test shall result in termination of employment. A first incident of a random confirmed positive test shall result in the employee being placed in an unpaid leave status. This unpaid leave status will begin upon receipt of the confirmed positive result and will end upon the employee presenting a negative test result or the employee’s termination if a negative sample is not provided as required under this paragraph. (If the employee has accrued annual or paid time off leave, they shall be permitted to use the leave. If the employee does not have accrued annual or paid time off leave, the employee shall be placed in a leave without pay status.) The employee shall have 30 calendar days from the date of the initial test sampling date to produce a negative test result in order to return to duty. If a negative test result is not received in the 30 day time period from the date of the initial test sampling date, the employee will be terminated. Any subsequent confirmed positive test whether from a reasonable suspicion, post accident or random test will result in the employee’s termination;

6. In Section H.3.a., that add employees shall be required to make an appointment with the EAP or a Mental Health Counselor and show proof of participating in counseling to the Human Resources Department within the first two (2) days of being placed on leave;

7. Delete Section H.3.a.(1);

8. Delete Section H.3.b.(1-4);

9. Delete Section H.8;

10. Delete Section M;

B. Approve changes, such as verbiage cleanup, for clarity and conformity to current practices;

C. Adopt the revised Policy; and

D. Allow the Policy to become effective August 1, 2016, after approval to allow for an orderly transition and employee training on the new Policy.

BACKGROUND:

The Substance Abuse Policy was initially adopted by the Board of County Commissioners on December 16, 1997. Several revisions have been made to the policy to assure compliance with federal, state and local regulations. Upon receipt of a confirmed positive test result by the Human Resources Department for a reasonable suspicion or post-accident drug test, the County will immediately terminate the employee. Employees will be provided an opportunity for rehabilitation when they test positive for an illegal drug or substance resulting from a random drug test.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Kerra Smith, Assistant County Attorney has reviewed for compliance.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

The Human Resources Director has provided the policy to those bargaining units with a contractual relationship with the BCC and met with them and discussed this policy as they desired. Several of their recommendations have been incorporated into the policy. The Substance Abuse Policy will be made available to the departments, divisions, and employees of the BCC by posting them on the County’s web site and by electronic transmission upon request. Opportunities for training on the new policy will be provided.

Attachments
SubstanceAbusePolicy2016