051016wsa Agenda PackageHarnett County Board of Commissioners
Work Session
Tuesday, May 10, 2016
9:00am
9:00am Enterprise Fleet Management Presentation
9:30 am Board of Education Budget Request, Superintendent Stan Williams
10:00 am Cape Fear Regional Hazard Mitigation Plan, Emergency Services Director Jimmy Riddle
10:15 am Drug and Alcohol Policy, Risk Management & Safety Coordinator Angela McLamb
10:30 am Parks and Recreation reorganization, Parks and Recreation Director Carl Davis
10:45 am 2016/2017 Budget Discussion
11:15 am County Manager's Update :
1) May 12 Community Meeting at Erwin Elementary
2) May 16 , 2016 Regular Meeting agenda review
11 :30 am Closed session
12:00 pm Adjourn
051016wsa HC BOC Page 1
SITUATION
Harnett County
Fleet Proeosal Synoesis
• Current fleet age is negatively impacting the overall budget and fleet operations
o 32% of the l ight and medium duty fleet is currently 1 0 years or older
o 7.8 years is the current average age of the fleet
o Older vehicles have higher fuel costs, maintenance costs and tend to be unreliable
o Current vehicle replacement policy is reactive and creates unpredictable capital needs
OBJECTIVES
• Identify an effective vehicle life cycle that maximizes potential equity at time of resale
o Shorten the current vehicle life cycle from 13 years to 5 years with an conservative savings of
over $390 ,000 in 10 years by :
• Significantly reduce the overall fuel spend through more fuel efficient vehicles
• Significantly reduce maintenance costs and downtime by adding newer vehicles
• Allow the county to leverage its buying power and capitalize on resale
• Free up nearly $515,000 in capital from the salvage value of the current fleet
• Provide a lower sustainable fleet cost that is predictable year over year
• Increase employee morale and productivity with newer vehicles
o Leverage an open -ended lease to maximize cash flow opportunities and recognize equity
• Promote Sustainability by reducing carbon emissions emitted through increased fuel efficiency
o 20 %-40 % or more potential improvement in the annual tons of carbon emissions emitted for a
positive impact on the environment
• Piggyback on or publish a fleet management services RFP that addresses the following :
o Access to all fleet management services as applicable to the needs of the county
o Supports the county 's need fo r fleet evaluation on a quarterly basis assessing costs and
reviewing best pract ices
o Provide monthly reporting , tracking , and downloads providing real-time informatio n
4/25/2 016 Pa ge I of I
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4/25/2016 051016wsa HC BOC Page 9
Harnett County Schools
2016-2017 Budget Request
051016wsa HC BOC Page 10
CONTENTS
Superintendent's Message
2016-2017 Budget Request to County Commissioners
Personnel Needs
Capital Needs
Safety & Security
2
4
5
7
9
051016wsa HC BOC Page 11
HARNETT COUNTY BOARD OF EDUCATION
William H. Morris, Chairman
Howard L. Penny, Jr., Vice-Chairman
Vivian W . Bennett
James Ray Bryant
Chad Smith
Charles P . Bullock, Board Attorney
Stanley P. Williams 11, Superintendent
Dr. Nancy Holmes, Assistant Superintendent
Vera D. Jones, Assistant Superintendent
W. Brooks Matthews, Assistant Superintendent
Monica J. Thompson, Assistant Superintendent
P.O. Box I 029
Lillington, NC 27546
Phone: 910-893-8151
HARNETT COUNTY SCHOOLS
OFFICE OF SUPERINTENDENT
Harnett County Schools
Superintendent's 2016-2017 Budget Message
As we approach the end of the 2015-2016 school year, planning budget needs for the 2016-
2017 fiscal year is essential. A key component in our budget planning is to determine what we need to
accommodate the current growth in student enrollment plus the expected future student enrollment
growth. Our budget attempts to reflect what is needed to maintain our current assets while preparing
for the costs of additional growth. As State and Federal funds decrease, more responsibility for the
overall funding of schools shifts to the local budget.
Harnett County Schools serve more than twenty thousand students each school day. We are
committed to providing our students a high quality education and preparing them to be a contributing
member in a global society. To facilitate that goal, we recognize the need for attracting and
maintaining quality teachers. The recruitment and retention of our quality teachers has to be our top
priority to maximize the opportunities for our students. Harnett County Schools District appreciates the
commitment of the Harnett County Board of Commissioners' promise to raise each step of the local
teacher supplement by $1000, with a cost of approximately $1.8 million. A salary increase will make
working in Harnett County schools more attractive to current and future teachers. We acknowledge
this increase is contingent upon available funding from the State tax redistribution .
Another budget area of prime concem is safety within each of our twenty-eight schools and
campuses. One of our chief priorities is to maintain a safe environment for our students and staff. In
previous years we have been provided funding to increase the safety of our students at each school.
Unfortunately, the funding was depleted prior to the completion of the project at all of our schools . We
cuiTently address these safety concerns in phases as funds become available. Examples such as
installation of security doors in our schools and walls built that direct all foot traffic into the school
office rather open access to the building. In many of our schools, electronic locks control access from
the playgrounds. Funding needed to complete the security upgrades at all schools would be
approximately $2.6 million.
Funding is also needed in the area of capital needs with roofing issues being the most costly
items. We have several roofs that have exceeded their useful life and require constant patch repairs.
Unfortunately, the cost of replacing a roof is difficult to pinpoint as cost not only includes the new
materials but also is dependent upon the extensiveness of the damage and the required engineering
fees .
Other capital expenditures involve equipment and vehicles for our support staff. Replacing
well-used equipment used by the Custodial Department and upgrading equipment used by the
Maintenance Department will increase our support personnel's efficiency in maintaining our physical
2 051016wsa HC BOC Page 12
plant. At the present time, we have at least six trucks with mileage of 190,000 and 307,000 miles and
fourteen vehicles with over 100,000 miles .
An additional critical funding item is the replacement of yellow school buses. NC DPJ
requires that at least 10% of our fleet be held in reserve. DPI requires the County to purchase the bus;
DPI will replace the bus after 20 years or 250,000 miles. An increase in student population creates the
need for additional buses. We currently have a need for three buses tills year, at a cost of $85,600
each.
Harnett County Schools District has been fortunate in previous years to receive additional
funding from the County for capital projects. This funding source was money remaining from the
construction of Highland Middle School, the quarter-cent sales tax revenue and the Qualified School
Construction Bonds.
While this budget submission is not a comprehensive list of all our needs, it does represent
our most pressing needs . Our Board of Education understands the financial state of our County and
the challenge our County Commissioners face with the growing needs across the County. Harnett
County Schools District appreciates any funds that we receive. We are committed to using the
resources provided to our school district wisely and effectively to provide a quality education to all
students in Harnett County.
Thank you for your consideration of our requests .
Stanley P. Williams , II
Superintendent
Harnett County Schools
3 051016wsa HC BOC Page 13
2016-2017 Budget Request
Total Current Expense Operating Expansion $1,954,132
Total Capital Expansion $6,388,620
SUMMARY
2015-2016 County Appropriation Current Expense $21 ,267,993
2016-2017 Current Expense Expansion Request $1,954,132
Total Current Expense Request $23,222,125
2015-2016 County Appropriation Capital Outlay $280,707
2016-2017 Capital Outlay Expansion Request $6,388,620
Total Capital Outlay Request $6,388,620
Total Current Expense Request ~ u:> ~~~~ $23,222,125
Total Capital Outlay Request ~~~ $6,388,620
TOTAL 2016-2017 LOCAL REQUEST l~~ $29,610,745
REVENUE
County Appropriation -Current Expense $23,222,125
County Appropriation -Capital Outlay $6,388,620
2016-2017 Total Appropriation Request $29,610,745
4 051016wsa HC BOC Page 14
2016-2017 Personnel Needs Assessment SUMMARY
Personnel $160,000.00
Teachers' Local Supplement $1,794,132.00
20i6-2017 Total Personnel Needs· $1,954,132.00 . .
5 051016wsa HC BOC Page 15
4/22/2016
2016-2017 Personnel N ee ds Ass essment
Teachers' Local Supplement
2016-20 17 Sc hoo l Year (Novem ber 201 7 a nd Jun e 2 0 17)
A mo unt n eeded fo r curren t staff $1 ,794,1 32 .oo 1
Payroll
Ce rt ificate Ex12e ri ence A nnua l Sugglement November & June Disbursements Grade Code
1 0 -2 years $3,000.00 $1,5 00.00
2 3 -14 years $3 ,250.00 $1,625.0 0
3 15-25 years $3,400.00 $1 ,7 00 .00
4 26 +years $3 ,600.00 $1,800.0 0
**CONDITIONS **
** This chart reflects $1000 increase for 2016·2017 School Year.
*Years of experi ence must have been in a ce rti fied tea ching position.
*Payment will be made in two eq ual insta llments (N ovem ber and last month of school yea r--June)
*New teachers, subject to qua lifica t ions, may elect to receive the November suppl ement w hen reporti ng t o work .
6 051016wsa HC BOC Page 16
2016-2017 Capital Needs Assessment SUMMARY
Roofing $2,531,320.00
Boiler $60,000.00
Paving $175,000.00
Yellow School Busses $256,800.00
Vehicle Needs $430,000.00
Custodial Equipment $146,500.00
Maintenance Equipment $117,000.00
· ·. · 2016-2017.Cap~tal Needs A~5ieSsment TOTAL -· ... s3,7i6,6.2o.o·o
7 051016wsa HC BOC Page 17
2016-2017 Capital Needs Assessment
I Roofing
I Boiler
I Paving
!Yellow School Busses
I vehicle Needs
!custodial Equipment
!Maintenance Equipment
Buies Creek (Entire Building)
Gentry (Main Bldg. & Cafeteria)
Johnsonville (Classrooms & Cafeteria)
Lafayette (Building)
STAR
Annex Wing
Erwin Elementary
WHMS
District (3)
Maintenance (6) (F350)
I. T. (1) (F150)
Delivery Tntck
Custodial ( 1) (F 150)
Auto Scrubbers (4)
Riding Scrubber (1)
Standard Mower (commercial) (3)
La rge Mower (I)
Tractor with Side Boom ( 1)
Small Backhoe ( 1)
Pump Laser Alignment ( 1)
Sewer Camera (1)
Sewer Jetter ( l)
8
$650,000.00 ($14-$16 /sq.fi)
$500,000.00 ($14-$16 /sq. fi)
$712 ,320.00 ($14-$16/sq.fi)
$245,000.00 ($14-$16/sq.fi)
$175,000.00 ($14-$16 /sq.fi)
$249,000.00 (S 14-$16 !sq. ji)
$2,531,320.00
$60,000.00
$175,000.00
$256,800.00
$300,000.00
$25,000.00
$80,000.00
$25,000.00
$430,000.00
$32,000.00
$14,500.00
$24,000.00
$18,000.00
$58,000.00
$146,500.00
$60,000.00
$12,000.00
$15,000.00
$30,000.00
$117,000.00
051016wsa HC BOC Page 18
2016-2017 Safety & Security Needs SUMMARY
ANDERSON CREEK $88,000.00
ANGIER $86,500.00
BOONE TRAIL $76,000.00
BUIES CREEK $10,000.00
COATS $35,000.00
COATS ERWIN MIDDLE $106,000.00
DUNN MIDDLE $91,000.00
ERWIN $140,000.00
GENTRY $86,000.00
HARNETT CENTRAL HIGH $453,000.00
HARNETT CENTRAL MIDDLE $51,500.00
HARNETT PRIMARY $55,000.00
HIGHLAND ELEMENTARY $103,000.00
HIGHLAND MIDDLE $35,000.00
JOHNSONVILLE $116,000.00
LAFAYETTE $46,500.00
LILLINGTON-SHAWTOWN $68,000.00
NORTH HARNETT $96,000.00
OVERHILLS ELEMENTARY $71,000.00
OVERHILLS HIGH $111,500.00
OVERHILLS MIDDLE $80,000.00
SOUTH HARNETT $132,500.00
STAR ACADEMY $81,000.00
TRITON HIGH $74,000.00
WAYNE AVENUE $50,000.00
WESTERN HARNETT HIGH $226,500.00
WESTERN HARNETT MIDDLE $82,500.00
WAREHOUSE #2 $20,500.00
2016-2017 Safety & Security Needs Total $2,672,000.00
9 051016wsa HC BOC Page 19
2016-2017 SAFETY & SECURITY NEEDS ASSESSMENT
!ANDERSON CREEK I
jcOATS
!COATS ERWIN MIDDLE
!DUNN MIDDLE
I ERW IN
jGENTRY
IHARNETI CENTRAL HIGH
CONTROL ACCESS SYS TEM FOR ALL EXTERIOR DOORS
EN TRY VEST IBULE
CONTROL ACCESS SYSTEM FOR ALL EXTERIOR DOORS
EN TRY VESTIBULE
NEW CAMERA SYSTEM
CONTROL ACCESS SYSTEM FOR ALL EXTER IOR DOOR S
ENTRY VESTIBULE
UPGRADE CAMERA SYSTEM
CONTROL ACCESS SYSTEM FOR ALL EXTERIOR DOORS
CONTROL ACCESS SYSTEM FO R ALL EXTER IOR DOORS
UPGRADE CAMERA SYSTEM
CONTROL ACCES S SYSTEM FO R ALL EXTER IOR DOORS
UPGRADE FIRE ALARM SYSTEM
UPGRADE CAMERA SYSTEM
EXTERIOR DOOR S
10
$30,000.00
$5,000.00
$35,000 .00
$60,000 .00
$10,000 .00
$36,000.00
$106,000.00
$45,000.00
$10,000.00
$36,000 .00
$91,000.00
$140,000.00
$140,000.00
$50,000.00
$36,000.00
$86,000 .00
$48,000.00
$150,000.00
$80,000.00
$1 75,000.00
$453,000.00
051016wsa HC BOC Page 20
051016wsa HC BOC Page 21
2016-2017 SAFETY & SECUR ITY NEEDS ASSESSMENT
!soUTH HARNETT
!sTAR ACADEMY
!TRITON HIGH
I WAYNE AVENUE
WESTERN HARNETT HIGH
WESTERN HARNETT M IDDLE
lWAREHOUSE #2
CO NTROL ACCESS SYSTEM FOR ALL EXTERIOR DOORS
ENTRY VEST I BULE
CAUTION LIGHTS
NEW CAMERA SYSTEM
CONTROL ACCESS SYSTEM FOR ALL EXTERIOR DOORS
UPGRADE BURGULAR ALARM SYSTEM
CONTRO L ACCESS SYSTEM FOR ALL EXTERIOR DOORS
INTERCOM SYSTEM
CONTROL ACCESS SYSTEM FOR ALL EXTERIOR DOORS
CONTROL ACCESS SYSTEM FOR ALL EXTERIOR DOORS
UPGRADE BURGULAR ALARM SYST EM
EXTERIOR DOORS
CONT ROL ACCESS SYSTEM FOR ALL EXTERIOR DOORS
EN TRY VEST IBU LE
NEW CAMERA SYSTEM
UPGRADE BURG ULAR ALARM SYSTEM
UPGRADE FIRE ALARM SYSTEM
UPGRADE BURGULAR ALARM SYSTEM
12
$85,000.00
$5,000.00
$6,500.00
$36,000.00
$132,500.00
$81,000.00
$81,000.00
$6,500 .00
$67,500.00
$74,000.00
$35,000.00
$15,000.00
$50,000.00
$45,000.00
$6,500.00
$175,0 0 0 .00
$226,500.00
$35,000.00
$5,000.00
$36,000.00
$6,500.00
$82,500.00
$15,000.00
$5,500.00
$20,500.00
051016wsa HC BOC Page 22
Gina Wheeler
Subject: FW: Mitigation Daily Record Notice
From: Brenda Stancil
Sent: Thursday, May 05, 2016 10:21 AM
To: Gina Wheeler <gdaniel@harnett.org>
Subject: RE: Mitigation Daily Record Notice
.!Jf The Cape Fear Regional Hazard Mitigation Plan is 1400 pages and has been placed on the front of the County Web page
under Harnett Happenings. ~
!JJ'U!Itda Stancil
Emergency Services Administrator
Harnett County Emergency Services
P.O. Box 370; 1005 Edwards Brothers Drive
Lillington , NC 27546
Direct: 910-893-0721
Office: 910-893-7580
Fax: 910-893-5025
CONFIDENTIALITY NOTICE: The information in this email is privileged and confidential; and may contain
protected health information which is intended for the use of the addressee. If the reader of this message is
not the addressee, you are hereby notified that any distribution or copying of this information is strictly
prohibited. If you have received this email in error, please immediately notify the sender for further
instructions.
1
051016wsa HC BOC Page 23
Board Meeting
Agenda Item
MEETING DATE: May 16,2016
TO: HARN ETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Harnett County Emergency Services request approval of the Cape Fear
Regional Hazard Mitigation Plan following public hearing.
REQUESTED BY: Jimmy Riddle, Emergency Services Director
REQUEST:
Public Hearing and Board approval for the Cape Fear Regional Hazard Mitigation Plan.
The Cape Fear Regional Hazard Mitigation Plan identifies local policies and actions for
reducing risk and future losses from natural hazards such as floods , severe storms, wildfires,
and winter weather. It builds upon five separate hazard mitigation plans that were initially
prepared by each county in coordination with their municipalities .
This plan was a regional effort amongst five counties and the municipalities within the region
(Harnett/Moore/Lee/Chatham/Johnston). The plan hazards and potential hazards within the
region and county specific, and it creates a framework to help community officials make
decisions that may ultimately protect lives and property. The plan also outlines a strategy for
implementing mitigation projects within the 5 counties and its municipalities. Harnett
Count y is taking proactive steps to lessen the impact of future disasters and the costly
ex pense s associated with them.
This project is being funded by a grant allocated by the North Carolina Division of
Emergency Management and funded by the F ederal Emergency Management Agency.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C:\Users\bstanc il \AppData\Locai \Temp\agend afonn20 16 -Cape Feary Regio na l Hazard Miti gation Plan, Public
Heari _ 4556906\agendafonn20 16 -Cape Feary Regional Hazard Mitigation Plan , Pub .doc Page
I of2
051016wsa HC BOC Page 24
WHAT: Public Meeting for review of the Cape Fear Regional Hazard Mitigation Plan
WHEN: Apri129thtb 6:00p.m. to 8:00p.m.
WHERE: Harnett County Emergency Services Facility
1005 Edwards Brothers Drive
Lillington
You are invited to come and review the FEMA Approved draft of the Cape Fear Regional
Hazard mitigation plan for Harnett County and leave your comments for the final decision-
making process. This will be our final public meeting prior to the plan being presented to the
Harnett County Board of Commissioner's for adoption.
About the Cape Fear Regional Hazard Mitigation Plan
The counties of Harnett, Moore, Lee, Chatham and Johnston, in coordination with their
participating municipal jurisdictions, are finalizing a regional hazard mitigation plan that covers
the five-county Cape Fear Region. The Cape Fear Regional Hazard Mitigation Plan identifies
local policies and actions for reducing risk and future losses from natural hazards such as floods,
severe storms, wildfires, and winter weather. It builds upon five separate hazard mitigation plans
that were initially prepared by each county in coordination with their municipalities.
The next step in the approval process for Harnett County is a public hearing and Board Adoption
of the plan . The public hearing and Board approval of the plan is scheduled for May 16th"d at
7:00p.m. A copy of the plan is available on line at www .hamett.org and a hard copy of the plan
is available for review at Emergency Management, 1005 Edwards Brothers Drive Lillington.
This project is being funded by a grant allocated by the North Carolina Division of Emergency
Management and funded by the Federal Emergency Management Agency.
If you have any questions please contact Larry Smith, Harnett County Emergency Management
Coordinator at, 910-893-7580 or lt smit h({u,hamett.org.
051016wsa HC BOC Page 25
The Cape Fear Regional Hazard Mitigation Plan Approved by FEMA
Harnett County is better prepared for disasters with the recent approval of its regional hazard
mitigation plan, which is a long-term strategy to reduce the community 's vulnerability to natural
disasters. This plan was a regional effort amongst five counties and the municipalities within the
region (Harnett/Moore/Lee/Chatham/Johnston).
The plan identifies hazards and potential hazards within the region and county specific, and it
creates a framework to help community officials make decisions that may ultimately protect
lives and property.
The plan also outlines a strategy for implementing mitigation projects within the 5 counties and
its municipalities. Harnett County is taking proactive steps to lessen the impact of future
disasters and the costly expenses associated with them.
History shows that the physical, financial and emotional losses caused by disasters can be
reduced significantly through hazard mitigation planning. The planning process encourages
communities to integrate mitigation with day-to-day decision making regarding land-use
planning, floodplain management, site design and other activities.
The Federal Emergency Management Agency (FEMA) reviews and approves state, tribal and
local hazard mitigation plans, which are required as a condition for states and communities to
receive certain types of disaster assistance, including funding for mitigation projects. State
mitigation plans must be approved every five years, and local and tribal mitigation plans must be
approved at least once every five years .
You are invited to come and review the FEMA Approved draft of the Cape Fear Regional
Hazard mitigation plan for Harnett County at a public meeting on April 291h at between 6:00 and
8:00p.m. and leave your comments for the final decision-making process. The public meeting
will be at the Emergency Services Facility at 1005 Edwards Brothers Drive in Lillington.
The next step in the appro val process for Harnett County is a public hearing and Board Adoption
of the plan. The public hearing and Board approval ofthe plan is scheduled for May 16th at 7:00
p.m . A copy of the plan is available on line at www.harnett.org and a hard copy ofthe plan is
available for review at Emergency Management, 1005 Edwards Brothers Drive Lillington.
###
051016wsa HC BOC Page 26
l r.
About the Cape Fear Regional Hazard Mitigation Plan
The Cape Fear Regional Hazard Mitigation Plan identifies local policies and actions for reducing risk and
future losses from natural hazards such as floods, severe storms, wildfires, and winter weather. It builds
upon five separate hazard mitigation plans that were initially prepared by each county in coordination
with their municipalities.
This plan was a regional effort amongst five counties and the municipalities within the region
(Harnett/Moore/Lee/Chatham/Johnston). The plan hazards and potential hazards within the region and
county specific, and it creates a framework to help community officials make decisions that may
ultimately protect lives and property. The plan also outlines a strategy for implementing mitigation
projects within the 5 counties and its municipalities . Harnett County is taking proactive steps to lessen
the impact of future disasters and the costly expenses associated with them.
This project is being funded by a grant allocated by the North Carolina Division of Emergency
Management and funded by the Federal Emergency Management Agency.
051016wsa HC BOC Page 27
Title :
Adopted Date :
I. POLICY
-
Harnett
COUNTY
t t<. K ~
HUMAN RESOURCES POLICY
Drug & A lcohol Testing Policy
December 7 , 1998
Policy #: OAT 09-01
Date of Last Review: October 2015
Harnett County has a strong commitment to provide a safe and secure workplace, and
to promote high standards of employee health and well being . To this end , every effort
will be made to provide a safe and drug-free work environment for our citizens and our
employees . In addition, Harnett County is dedicated to providing safe , dependable, and
economical transportation services to Harnett Area Transit System (HARTS)
passengers, ensuring safe operation of vehicles that require d rivers to possess a
Commercial Driver's License (COL), as well as ensuring safe services provided by
those who occupy other safety-sensitive positions.
In meeting these goals, it is our policy to : (1) assure that employees are not impaired in
their ability to perform assigned duties in a safe, productive , and healthy manner; (2)
create a workplace environment free from the adverse effects of drug abuse and alcohol
misuse ; (3) prohibit the unlawful manufacture, distribution , dispensing , possession , or
use of controlled substances ; and ( 4) encourage employees to seek professional
assistance anytime personal problems, including alcohol or drug dependency, adversely
affect their ability to perform their assigned duties.
Harnett County is dedicated to assuring fair and equitable application of this substance
abuse policy. Therefore, department heads and subordinate supervisors/managers are
required to use and apply all aspects of this policy in an unbiased and impartial manner.
Any supervisor/manager who knowingly disregards the requirements of this policy, or
who is found to deliberately misuse the policy in regard to subord inates, shall be subject
to disciplinary actions, up to and including termination .
II. PURPOSE
The purpose of this policy is to assure employee fitness for duty and to protect our
employees, passengers , and the public from the risks posed by the misuse of alcohol
and use of prohibited drugs. This policy is also intended to provide procedures for
conducting screenings of job applicants and employees for the use of illegal drugs and
the improper use of prescription drugs while complying with all applicable Federal
regulations . The Federal Transit Administration (FTA) of the U .S . Department of
Transportation has published 49 CFR Part 655 , as amended , that mandates urine drug
testing and al c ohol testing for safety-sens itive positions and prohibits performance of
safety-sensitive functions when there is a positive test result. This pol icy covers all
safety-sensitive functions when there is a positive test result. This policy covers all
051016wsa HC BOC Page 28
safety-sensitive positions described by the Federal Highway Administration . The U.S .
Department of Transportation (DOT) has also published 49 CFR Part 40, as amended ,
which sets standards for the collection and testing of urine and alcohol testing . In
addition , the Federal government published 49 CFR Part 29 , 'The Drug-Free Workplace
Act of 1988," which requires the establishment of drug-free workplace policies and the
reporting of certain drug-related offenses to the FTA. This policy incorporates those
requirements for safety-sensitive employees as well.
NOTE: All provisions set forth in bold face print are included consistent with
requirements specifically set forth in 49 CFR Part 655 , or Part 40 , as amended .
Provisions set forth in the Drug-Free Workplace Act (49 CFR Part 29) are delineated in
italics . All other provisions that are set forth under the sole authority of Harnett County
will be underlined . Tests conducted under the sole authority of Harnett County will be
performed on non-US DOT forms and will be separate from US DOT testing in all
respects .
Ill. DEFINITIONS
Accident is an occurrence associated with the operation of a veh icle even when not in
revenue service , if as a result:
a) An individual dies;
b) An individual suffers a bodily injury and immediately rece ives medica l treatment away
from the scene of the accident; or,
c ) One or more vehicles incur disabling damage as the result of the occurrence and
is /are transported away from the scene by a tow truck or other vehicle . For purposes of
this definition , disabling damage means damage which precludes departure of any
vehicle from the scene of the occurrence in its usual manner in dayli ght after simple
repairs. Disabling damage includes damage to vehicles that could have been operated
but would have been further damaged if so operated, but does not include damage
which can be remedied temporarily at the scene of the occurrence without special tools
or parts , tire disablement without other damage even if no spare tire is available, or
damage to headlights, taillights , turn signals , horn , or w indshield w ipers that make them
inoperative .
Adulterated specimen is a specimen that contains a substance that is not expected to
be present in human urine, or is expected to be present but not at a concentration so
high that it is not consistent with human urine.
Alcohol Test means a test for the presence of alcohol in the body as determi ned
through the use of a breath alcohol test , evidential breathalyzer test, sa li va swab test o r
blood screening .
Alcohol Confirmation Test means a second test , following a screen ing test showing a
proh i bited level of alcohol , which provides quant itative data of alcohol concentration.
Harnett Coun ty Drug and Alcoho l Pol icy October 2014, November 2009 Re vised Dec 1998 Adopted Page 2 of 35
051016wsa HC BOC Page 29
Alcohol is an intoxicat ing agent in beverage alcohol , ethyl alcohol , or other low molecular
weight alcohols including methyl and isopropyl alcohol , conta ined in any beverage, mixture ,
mouthwash, candy, food, preparation or medication.
Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of breath
as indicated by a breath test under 49 CFR Part 40.
Aliquot: A fractional part of a specimen used for testing, taken as a sample representing
the whole specimen.
Canceled Test is a drug or alcohol test that has a problem identified that cannot be or
has not been corrected , or which is canceled . A canceled test is neither positive nor
negative.
Confirmatory Drug Test is a second analytical procedure performed on a different
aliquot of the original specimen to identify and quantify the presence of a specific drug
or metabolite .
Confirmatory Validity Test is a second test performed on a different aliquot of the
original urine specimen to further support a validity test result.
Collector is a person who instructs and assists employees at a collection site, who
receives and makes an initial inspection of the specimen provided by those employees ,
and who initiates and completes the Custody and Control Form (CCF). The collector is
the one individual in the drug testing process who has direct, face to face contact with
the employee. Without the collector ensuring the integrity of the urine specimen and
collection process, the test itself may lose credibility.
Commercial Motor Vehicle means a motor vehicle or combination of motor vehicles
used in commerce to transport passengers or property if the motor vehicle:
a) Has a gross combination weight rating of 26, 001 or more pounds inclusive of a
towed unit with a gross vehicle weight of more than 10,000 pounds; or
b) Has a gross vehicle weight rating of 26 , 001 or more pounds; or
c) Is designed to transport 16 or more passengers including the driver; or
d) Is of any size and is used in the transportation of materials found to be hazardous for
the purposes of the Hazardous Materials Transportation Act and that requires the motor
vehicle to be placarded under the Hazardous Materials Regulations .
Covered Employee Under FTA Authority: An employee who performs a safety-sensitive
function including an applicant or transferee who is being considered for hire into a
safety-sensitive function.
Covered Employee Under Company Authority is an employee. applicant, or transferee
that will not perform a safety-sensitive function as defined by FTA but is included under
the company's own authority.
Harnett County Drug and Alcohol Poli c y Oct ober 2014, No vem ber 2009 Revis ed Dec 1998 Adopted Page 3 of 35
051016wsa HC BOC Page 30
Conviction means a finding of gu ilt (including a plea of nolo contendere) or imposition
of sentence , or both, by any judicial body charged with the responsibility to determine
violations of federal or state criminal drug statutes.
Criminal Drug Statute means a criminal statute relating to the manufacture,
distribution , dispensing , use or possession of any drug .
Designated Employer Representative (DER) is an employee authorized by the employer
to take immediate action to remove employees from safety-sensitive duties and to make
required decisions in testing . The DER also receives test results and other
communications for the employer, consistent with the requirements of 49 CFR Parts 40
and 655.
Department of Transportation (DOT) is a federal agency established by an act of Congress
on October 15, 1966 . For the purposes of Drug and Alcohol regulatory oversight, DOT is
the department of the federal government which includes the , Federal Transit
Administration, Federal Railroad Administration , Federal Highway Administration,
Federal Motor Carriers' Safety Administration , Pipeline & Hazardous Materials Safety
Administration, United States Coast Guard, and the Office of the Secretary of
Transportation .
Dilute specimen is a specimen with creatinine and specific gravity values that are
lower than expected for human urine.
Dilute negative is a drug test result which is negative for the five drug/drug metabolites
but has a specific gravity value lower than expected for human urine. The result will be
treated as a negative result as permitted by Department of Transportation regulations.
Dilute positive is a test result received by the MRO receives from the laboratory
labeled positive and dilute . The test will be treated as a verified pos itive test.
Direct Observation means an effort to make it more difficult to adulterate or substitute
specimens , Federal regulations require that specimens be collected under direct
observation any time there is a specific reason to believe that any employee may be
attempting to thwart the regulations or has sufficient reason(s) to evade the testing
process.
Direct Observed collections are required in the following circumstances:
a) All return-to-duty tests;
b) All follow-up tests;
c) Anytime the employee is directed to provide another specimen because the
tempe r ature on the original specimen was out of the accepted temperature
range of 90°F-100°F;
d) Anytime the employee is directed to provide another specimen because the
original specimen appeared to have been tampered with;
Ha rn ett County Dr ug and A lcohol Poli cy October 2014, November 2009 Revised Dec 1998 Adopted Page 4 of 35
051016wsa HC BOC Page 31
e) Anytime a collector observes materials brought to the collection site or the
employee's conduct clearly indicates an attempt to tamper with a
specimen;
f) Anytime the employee is directed to provide another specimen because the
laboratory reported to the MRO that the original specimen was invalid and
the MRO determined that there was not an adequate medical explanation
for the result;
g) Anytime the employee is directed to provide another specimen because the
MRO determined that the original specimen was positive, adulterated or
substituted, but had to be cancelled because the test of the split specimen
could not be performed.
The employee who is being observed will be required to raise his or her shirt,
blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and
underpants to show the collector, by turning around that they do not have a
prosthetic device. The observer must be the same gender as the employee.
Failure of the employee to permit any part of the direct observation procedure is a
refusal to test. The reason why the direct observation testing is being conducted
must be explained to the employee.
Disabling damage is damage which precludes departure of any vehicle from the scene
of the occurrence in its usual manner in daylight after simple repairs. Disabling damage
includes damage to vehicles that could have been operated but would have been
further damaged if so operated, but does not include damage which can be remedied
temporarily at the scene of the occurrence without special tools or parts, tire
disablement without other damage even if no spare tire is available, or damage to
headlights, taillights, turn signals, horn, or windshield wipers that makes them
inoperative.
Drug means a controlled substance as listed in Schedules I through V of Section 202 of
the Controlled Substances Act (21 USC 812) or Chapter 90, Section 87(5) of the North
Carolina General Statutes or a metabolite thereof.
Drug-Free Workplace Policy is a written drug -free workplace policy that is the
foundation of a drug-free workplace program that includes why the policy is being
implemented, a clear description of prohibited behaviors and an explanation of the
consequences for violating the policy. Sharing all policies with all employees is essential
for success ; therefore, employers should be certain that all employees are aware of the
policy and drug-free workplace program.
Drug Test and Drug Screening mean a test , including providing the necessary sample
of body fluid by the employee to be tested, for the presence of any prohibited
substance, drug or drug metabolites in the urine or blood of an employee.
Evidential breath-testing device (EBT} A Device approved by the NHTSA for the
evidential testing of breath at the 0 .02 and the 0.04 alcohol concentrations. Approved
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devices are listed on the National Highway Traffic Safety Administration (NHTSA)
conforming products list. All alcohol breath tests shall be conducted on an approved
evidential breath testing device (EBT) by a trained breath alcohol technician . EST's shall
be able to distinguish alcohol from acetone at the 0 .02% alcohol concentration level and
shall be capable of testing an air blank prior to each collection of breath and performing
an external calibration check. In order to be used in either screening or confirmation
alcohol testing, an EBT shall have a quality assurance plan (QCP) developed by the
manufacturer.
Federal Highway Administration (FHWA) is a major agency of the U.S . Department of
Transportation (DOT). FHWA is charged with ensuring that America 's roads and
highways continue to be the safest and most technologically up-to-date. FHWA provides
financial and technical support for constructing , improving , and preserving America 's
highway system.
Federal Motor Carrier Safety Administration (FMCSA)'s primary mission is to reduce
crashes, injuries, and fatalities involving large trucks and buses. It's a separate
administration within the U.S . Department of Transportation on January 1, 2000 ,
pursuant to the Motor Carrier Safety Improvement Act of 1999.
Federal Transit Administration (FTA) is one of 11 operating administrations within the
U.S. Department of Transportation . FTA provides stewardship of combined formula and
discretionary programs totaling more than $10 billion to support a variety of locally
planned, constructed, and operated public transportation systems throughout the United
States . Transportation systems typically include buses, subways , light rail , commuter
rail, streetcars, monorail, passenger ferry boats , inclined railways , or people movers.
Gas Chromatography/Mass Spectrometry (GC/MS) are self-contained urinalysis drug
tests that detect the presence of drug metabolites in urine within minutes. The cup
contains detection strips each designed to test a particular drug at SAMHSA cut-off
levels . It provides instant results . Through the patented del ivery system, urine reacts
with the reagents and antigens on the strip to produce a colorimetric reading indicating
either positive or negative test results.
Initial Drug Test (Screening Drug Test) is the test used to differentiate a negative
specimen from one that requires further testing for drugs or drug metabolites.
Initial Specimen Validity Test is the first test used to determine if a urine specimen is
adulterated , diluted, substituted , or invalid .
Invalid Result is the result reported by an HHS-certified laboratory in accordance with
the criteria established by the HHS Mandatory Guidelines when a positive , negative ,
adulterated , or substituted result cannot be established for a specific drug or specimen
validity test.
•
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Laboratory is any U.S . laboratory cert ified by HHS under the National Laboratory
Certification program as meeting standards of Subpart C of the HHS Mandatory
Guidelines for Federal Workplace Drug Testing Programs; or, in the case of foreign
laboratories, a laboratory approved for participation by DOT under this part.
Limit of Detection (LOD) is the lowest concentration at which a measurement can be
identified , but (for quantitative assays) the concentration cannot be accurately
calculated.
Limit of Quantitation is the lowest concentration at which the identity and concentration
of the measure and can be accurately established for quantitative assays.
Medical Review Officer (MRO) is a licensed physician (medical doctor or doctor of
osteopathy) responsible for receiving laboratory results generated by the drug testing
program who has knowledge of substance abuse disorders , and has appropriate
medical training to interpret and evaluate an individual's confirmed positive test result ,
together with his/her medical history, and any other relevant bio-medical information.
National Highway Traffic Safety Administration (NHTSA) is a federal administrative
dedicated to achieving the highest standards of excellence in motor vehicle and
highway safety. The agency strives to exceed the expectations of its customers , to save
lives, prevent injuries and reduce economic costs due to road traffic crashes through
education , research, safety standards and enforcement activity.
Negative Drug Test Negative result is the result reported by an HHS-certified
laboratory to an MRO when a specimen contains no drug or the concentration of the
drug is less than the cutoff concentration for the drug or drug class and the specimen is
a valid specimen .
Negative Alcohol Test means breath alcohol concentration of less than 0.04 .
Non-negative drug test result is a urine specimen that is reported as adulterated ,
substituted , invalid , or positive for drug/drug metabolites.
Non-negative alcohol test is a breath alcohol concentration of 0.02-0.039 in safety
sensitive employees, but is not considered a positive test result, and will require
the employee to be removed from the performance of safety-sensitive functions
for at least 8 hours.
On Call means being subject to a call to report immediately to work for Harnett County.
On Duty means when an employee is at the workp lace , performing j ob duties, on call ,
or during any other period of time for which he or she is entitled to re ceive pay from
Harnett County.
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Other Substance means any substance that has the pote ntial to impair noticeably the
mental or physical function of a person who does not have an unusual or extraordinary
reaction to such substance .
Oxidizing Adulterant is a substance that acts alone or in combination with other
substances to oxidize drugs or drug metabolites to prevent the detection of the drug or
metabolites, or affects the reagents in either the initial or confirmatory drug test.
Pass a Drug Test means that the result of the test is negative . The test either:
a) Showed no evidence or insufficient evidence of a prohibited drug or drug
metabolite, or
b) Showed evidence of a prohibited drug or drug metabolite, but there was a
legitimate medical exp lanation fo r the result as determined by a certified MRO.
Pass an Alcohol Test is a negative alcohol test. The test showed no evidence or
insufficient evidence of a prohibited level of alcohol.
Performing a safety-sensitive function means any period in which a covered employee
is actually performing , ready to perform , or immediately available to perform a safety
sensitive function .
Positive Drug Test means a HHS-Certified laboratory finding of the presence of a
drug or a drug metabolite in the urine of an employee at the levels equal or
greater to the cutoff concentrations identified by the SAMHSA, or for drugs not
subject to SAMHSA guidelines, at the levels identified by Harnett County; all positive
tests will be confirmed using a different technology than was used for the first test, (gas
c hromatography/mass spectrometry (GC/MS) process).
Positive Alcohol Test means the presence of alcohol in the employee 's system at a
level of 0.04 or above . A safety-sensitive emp loyee with an alcohol level between 0.02
and 0.039 is not considered positive but is required to be removed from duty for a
period of at least 8 hours for Federal Transit Administration (FTA) and 24 hours for
Federal Motor Carrier Safety Administration (FMCSA).
Prohibited drug is identified as marijuana, cocaine , opiates (in cluding heroin),
amphetamines (including methamphetamine and ecstasy), or phencyclidine (PCP), as
well a s any drug not approved for medical use by the U.S . Drug Enforcement
Administration or the U.S . Food and Drug Administration , at levels above the minimum
thresholds specified in 49 CFR Part 40, as amended .
Random Testing is testing conducted on an employee assigned to a safety-sensitive
position and is chosen by a method that provides an equal probabil ity that any
employee from a group of employees will be selected by a scientifically valid method,
such as a computer-based random number generato r or a random number table spread
reasonably throughout the year.
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Reasonable Suspicion exists when a supervisor, who has received the required
training in detecting the signs and symptoms of probable drug use and/or alcohol
misuse, obtains specific contemporaneous , articulable observations concern i ng
appearance, behavior, speech, body odor or other physical indicators of probable drug
or alcohol use.
Reconfirmed means the result reported for a split specimen when the second laboratory
is able to corroborate the original result reported for the primary specimen .
Rejected for Testing means the result reported by an HHS-Certified laboratory when no
tests are performed for specimen because of a fatal flaw or a correctable flaw that has
not been corrected .
Revenue Service Vehicles means all transit vehicles that are used for passenger
transportation service .
Refuse to Test includes the following behaviors:
a) Failure to appear for any test (except for pre-employment) within a reasonable
time, as determined by the employer, after being directed to do so by the
employer; or
b) Failure to remain at the testing site until the testing process is complete; or
c) Fa ilure to provide a urine or breath specimen for a drug or alcohol test required
by Part 40 or DOT agency regulations; or
d) Failure to permit the observation or monitoring of the specimen collection when
required to do so in the case of a directly observed or monitored collection in a
drug test; or
e) Failure to provide a sufficient amount of urine or breath when directed and there
is no adequate medical explanation for the failure ; or
f) Failure to take a second test when directed to do so by the employer or collector;
g) Failure to undergo a medical examination when directed to do so by the MRO or
employer; or
h) Failure to cooperate with any part of the testing process (e.g ., refuse to empty
pockets when directed by the collector, behave in a confrontational way that
disrupts the collection process, fail to wash hands after being directed to do so by
the collector); or
i) MRO reports that there is a verified adulterated or substituted test result; or
j) Failure or refusal to sign Step 2 of the alcohol testing form ; or
k) Failure to follow the observer's instructions during direct observation collection ,
including instructions to raise your clothing above the waist , lower clothing and
underpants, and to turn around to permit the observer to determ ine if you have
any type of prosthetic or other device that could be used to interfere with the
collection process ; or
I) Possess or wear a prosthetic or other device that could be used to interfere with
the collection process ; or
m) Admit to the collector or MRO that you adulterated or substituted the specimen.
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Safety-Sensitive Position means :
a) A position will be designated safety-sensitive only where Harnett County has a
compelling need , on the basis of safety concerns, to ascertain on-the-job
impairment on the part of employees who hold the position . Such a compelling
need may arise where the duties of the position create, or are accompanied by,
such a great risk of injury to the other persons or to property o~ such magnitude
that even a momentary lapse of attention, judgment or dexterity could have
disastrous consequences . Examples of these positions include :
i. Positions (full or part time) requiring the use of weapons (or potential use
of weapons) or the operation of vehicles, machinery, or equipment as a
primary task (does not include routine office equipment).
ii. Positions requiring the handling of hazardous materials, the mishandling
of which may place the employee , fellow employees , or the general public
at risk of serious injury, or the nature of which would create a security risk
in the workplace .
iii. Other positions as determined on a case-by-case basis as determined by
Human Resources Director.
b) The following includes activities defined as safety-sensitive by the Federal
Highway Administration (FHWA) or Federal Transit Administration (FTA)
portions of the Department of Transportation (DOT) guidelines:
i . Driving. (FMCSA)
ii. Inspecting, servicing, or conditioning any commercial motor vehicle.
(FMCSA)
iii. Waiting to be dispatched at a carrier or shipper plant, terminal,
facility, or other public property. (FMCSA)
iv. Performing all other functions in or upon any commercial motor
vehicle except resting in a sleeper birth. (FMCSA)
v. Loading or unloading a vehicle, supervising or assisting in the
loading or unloading of a vehicle, attending a vehicle being loaded or
unloaded Federal Motor Carrier Safety Administration. (FMCSA)
vi. Remaining in readiness to operate the vehicle, or giving or receiving
receipts for shipments being loaded or unloaded. (FMCSA)
vii. Per:forming driver requirements, relating to accidents. (FMCSA)
viii . Repairing, obtaining assistance, or remaining in attendance upon a
disabled vehicle. (FMCSA)
ix. Operating a revenue service vehicle, including when not in revenue
service. (FTA)
x. Operating a non-revenue service vehicle when required to be
operated by the holder of a commercial driver's license. (FT A)
xi. Controlling dispatch or movement of a revenue service vehicle.
(FTA)
xii . Maintaining a revenue service vehicle or equipment used in revenue
service. (FTA)
xiii. Carrying a firearm for security reasons. (FTA)
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Determination as to which positions are safety-sensitive will be based on DOT
guidelines or the recommendation of the department director with approval by the
Human Resources Department. A list of safety-sens itive positions shall be maintained
by the Human Resources Department and can be found in Appendix A of this policy.
Safety-sensitive employees will be tested for marijuana, cocaine, amphetamines
(including methamphetamine and ecstasy), opiates (including heroin), and
phencyclidine (PCP) as described in Section 6.0 of this policy. In a DOT (FTA and
FMCSA) drug test, the laboratory must only test for Marijuana metabolites;
Cocaine metabolites; Amphetamines; Opiate metabolites; and Phencyclidine
(PCP). If Harnett County wants to test for more drugs or drug classes. then another
specimen must be taken from the employee and under a separate circumstance for
testing. For example. if a DOT regulated employee's name is drawn under random
testing. then the five drugs can be tested from the specimen provided by the employee.
If Harnett County wants to test for other drugs. it cannot use the random-testing drawing
to collect that specimen. The appropriate use of legally prescribed drugs and non-
prescription medications is not prohibited . However. the use of any substance. which
carries a warning label that indicates that mental functioning. motor skills or judgment
may be adversely affected. must be reported to the employee's supervisor. Such
reporting will be prior to the employee performing any safety-sensitive duties. In
addition, the employee must obtain a written release from the attending physician
releasing the person to perform their job duties any time they obtain a performance-
altering prescription . A legally prescribed drug means that individual has a prescription
or other written approval from a physician for the use of a drug in the course of medical
treatment. It must include the patient's name. the name of the substance .
quantity/amount to be taken, and the period of authorization . The misuse or abuse of
legal drugs while performing transit business or safety-sensitive duties is prohibited.
The use of beverages containing alcohol or substances including any medication ,
mouthwash, food , candy or any other substance such that alcohol is present in the body
while performing transit business is proh ibited . The concentration of alcohol is
expressed in terms of alcohol per 210 liters of breath as measured by an evidential
breath-testing device.
Split specimen is a collection in which the urine collected is divided into two separate
bottles , the primary specimen (Bottle A) and the split specimen (Bottle B).
Any covered employee who questions the results of a USDOT required drug test under
this policy may request that the split sample be tested . The split sample test must be
conducted at a second HHS-certified laboratory. The test must be conducted on the
split sample that was provided by the employee at the same time as the primary
sample. The method of collecting , storing, and testing the split sample will be
consistent with the procedures set forth in 49 CFR Part 40 , as amended . The
employee's request for a split sample test must be made to the Medical Review Officer
within 72 hours of notice of the original sample verified test result. Requests after 72
hours will only be accepted at the discretion of the MRO if the delay was due to
documentable facts that were beyond the control of the employee. Harnett County will
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ensure that the cost for the split specimen are covered in order for a timely analysis of
the sample , however Harnett County will seek reimbursement for the split sample test
from the employee . If the analysis of the split specimen fails to confirm the presence of
the drug(s) detected in the primary specimen , if the split specimen is not able to be
analyzed , or if the results of the split specimen are not scientifically adequate , the MRO
will declare the original test to be canceled. If the split specimen is not available to
analyze the MRO will direct Harnett County to retest the employee under direct
observation . The split specimen will be stored at the initial laboratory until the analysis
of the primary specimen is completed. If the primary specimen is negative , the split will
be discarded. If the primary specimen is positive , it will be retained in frozen storage for
one year and the split specimen will also be retained for one year. If the primary is
positive , the primary and the split will be retained for longer than one year for testing if
so requested by the employee through the Medical Review Officer, or by the employer,
by the MRO, or by the relevant DOT agency.
Substituted specimen is a urine specimen with creatinine and specific gravity values
so diminished or different that they are not consistent with human urine .
Substance Abuse Professional (SAP) means a licensed (1) medical doctor; (2) doctor
of osteopathy; (3) licensed or certified psychologist; (4) social worker; (5) employee
assistance professional, (6) state-licensed marriage and family therapist ; or (7) drug and
alcohol counselor (certified by the National Association of
Alcoholism and Drug Abuse Counselors Certification Commission , the International
Certification Reciprocity Consortium/Alcohol and other Drug Abuse (ICRC), or by the
National Board for Certified Counselors, Inc. and Affiliates/Master Addictions Counselor
(NBCC)) with knowledge of and clinical experience in the diagnosis and treatment of
both drug-and alcohol-related disorders .
Supervisor means any employee who has the authority to direct the job activities of
one or more other employee(s). With respect to a particular employee, the term means
such employee's immediate supervisor and all persons having direct supervisory
authority over such employee.
Unannounced Follow-Up Testing is testing conducted on an employee on a periodic ,
unannounced basis , following his or her return to work from an approved drug or alcoh o l
rehabilitation program . All unannounced , follow-up testing will be conducted by direct
observation.
Vehicle is a bus, electri c bus , van, automobile , rail car, trolley car, trolley bus, or vessel.
A public transit vehicle is a vehicle used for public transportation or for ancillary
services.
Verified negative test is a drug test result reviewed by a medical review officer and
determined to have no evidence of prohibited drug use above the minimum cutoff levels
established by HHS.
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Verified positive test is a drug test result reviewed by a medical review officer and
determined to have evidence of prohibited drug use above the minimum cutoff levels
specified in 49 CFR Part 40 as revised.
Validity testing is the evaluation of the specimen to determine if it is consistent with
normal human urine . Specimen validity testing will be conducted on all urine specimens
provided for testing under DOT authority . The purpose of validity testing is to determine
whether certain adulterants or foreign substances were added to the urine , if the urine
was diluted, or if the specimen was substituted.
Workplace means the location or facility where an employee may be expected to
perform any task related to the requirements of his or her job. This includes break
rooms and restrooms, outdoor worksites, Harnett County or personal vehicles (while
personal vehicle is being used for Harnett County business), computer work stations,
conference rooms, hallways, private offices, open/partitioned work areas, public
contact/customer service/medical services areas, and parking lots or at any other
location or facility for which he or she is entitled to receive pay from Harnett County.
IV. DRUG AND ALCOHOL TESTING FOR SAFETY-SENSITIVE EMPLOYEES
A. This section applies to all safety-sensitive employees and contractors
when they are on Harnett County property or when performing any Harnett
County business including transit-related safety-sensitive business. This
policy applies to off-site lunch periods or breaks when an employee is
scheduled to return to work. Visitors , vendors, and contractor employees are
governed by this policy while on Harnett County premises and will not be
permitted to conduct business if found to be in violation of this policy.
1) Prohibited substances addressed by this policy include the following:
a. Illegally Used Controlled Substance or Drugs Under the Drug-Free Workplace
Act of 1988 -Any drug or any substance identified in Schedules I through V of
Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further
defined by 21 CFR parts 1300 .11 through 1300.15, is prohibited at all times in
the workplace unless a legal prescription has been written for the substance.
This includes, but is not limited to : marijuana; amphetamines (including
methamphetamine and ecstasy); opiates (including heroin); phencyclidine
(PCP); cocaine; and any drug not approved for medical use by the U .S. Drug
Enforcement Administration or the U .S. Food and Drug Administration. Illegal
use includes use of any illegal drug, misuse of legally prescribed drugs , and
use of illegally obtained prescription drugs. Also, the medical use of
marijuana, or the use of hemp related products, which cause drug or drug
metabolites to be present in the body above the minimum thresholds is a
violation of this policy
Federal Transit Administration drug testing regulations (49 CFR Part 655)
require that all employees covered under FTA authority be tested for
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marijuana , cocaine , amphetamines (including methamphetam i ne and
ecstasy), opiates (including heroin), and phencyclid ine as described in
Section H of this policy. Employees covered under company authority will
also be tested for these same substances . Illegal use of these five drugs is
prohibited at all times and thus , covered employees may be tested for these
drugs anytime that they are on duty.
b. Alcohol : The use of beverages contain ing alcohol (including any mouthwash ,
medication, food, candy) or any other substances such that alcohol is present
in the body while performing safety-sensitive job functions is prohibited. A
random or reasonable suspicion alcohol test can only be performed on a
covered employee under 49 CFR Part 655 just before , during , or just after the
performance of safety-sens itive job functions. Under Harnett County
Authority, a non-DOT alcohol test can be performed any t ime a covered
employee is on duty.
A. PROHIBITED CONDUCT
1) All covered employees are prohibited from reporting for duty or remaining on duty
any time there is a quantifiable presence of a prohibited drug in the body above
the minimum thresholds defined in 49 CFR Part 40 , as amended .
2) Each covered employee is prohibited from consuming alcohol while performing
safety-sensitive job functions or while on-call to perform safety-sensitive job
functions . If an on-call employee has consumed alcohol , they must acknowledge
the use of alcohol at the time that they are called to report for duty. The covered
employee will subsequently be relieved of his/her on-call responsibilities and
subject to discipline for not fulfilling his/her on-call respons i bilities .
3) The Transit Department (HARTS) shall not perm it any covered employee to
perform or continue to perform safety-sensitive functions if it has actual
knowledge that the employee is using alcohol.
4) Each covered employee is prohibited from reporting to work or remaining on duty
requiring the performance of safety-sensitive functions wh ile having an alcohol
concentration of 0 .02 or greater regardless of when the alcohol was consumed .
5) No covered employee shall consume alcohol for e ight (8 ) hou rs following
involvement in an accident or until he/she submits to the post-accident
drug/alcohol test, whichever occurs first.
6) No covered employee shall consume alcohol within four ( 4 ) hours prior to the
performance of safety-sensitive job functions .
7) Harnett County, under its own authority, also prohibits the consumption of alcohol
at all times the employee is on duty, or anytime the employee is in uniform .
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8) Consistent with the Drug-free Workplace Act of 1988, all safety-sensitive
Employees are prohibited from engaging in the unlawful manufacture,
distribution, dispensing, possession or use of prohibited substances on Harnett
County premises, in vehicles, in uniform or while on Harnett County Business.
Employees who violate this provision will be subject to disciplinary action up to
and including termination . Law enforcement shall be notified , as appropriate,
where criminal activity is suspected.
9) Any employee who is reasonably suspected of being intoxicated, impaired, under
the influence of a prohibited substance, or not fit for duty shall be suspended
from job duties pending an investigation and verification of cond ition . Employees
found to be under the influence of prohibited substances or who fail to pass a
drug or alcohol test shall be removed from duty and subject to disciplinary action
including termination . A drug or alcohol test is considered positive if the
individual is found to have a quantifiable presence of a prohibited substance in
the body above the minimum thresholds defined in 49 CFR Part 40 , as amended.
1 0) Employees that violate this policy as a result of a positive or refused drug
or alcohol test required by FT A or FMCSA shall be immediately removed
from the performance of safety-sensitive functions and referred to a
USDOT qualified Substance Abuse Professional and will receive
disciplinary action up to and including termination.
11) Compliance with Testing Requirements. All safety-sensitive employees will be
subject to urine drug testing and alcohol testing as a cond iti on of employment.
Any safety-sensitive employee who refuses to comply with a request for testing
shall be removed from duty and their employment terminated. Any safety-
sensitive employee who is suspected of providing false information in connection
with a test , or who is suspected of falsifying test results through tampering ,
contamination, adulteration , or substitution will be required to undergo direct
observation collection . Verification of these falsifying actions w i ll result in the
employee's removal from duty and their employment terminated .
12) Drug tests can be performed any time a safety-sensitive employee is on duty. A
reasonable suspicion or random alcohol test can only be performed when the
safety-sensitive employee is actually performing a safety-sensitive duty, just
before , or just after the performance of safety-sensitive duty. During normal duty
hours, employees will be sent to the facility designated by Harnett County and
approved for testing . After duty hours, when offices are closed or unable to
perform the test(s), employees will be referred to a facility specified by the Drug
and Alcohol Program Manager.
B. DRUG TESTING PROCEDURES
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1) Testing shall be conducted in a manner to assure a high degree of accuracy and
reliability and using techniques, equipment , and laboratory facilities which have
been approved by HHS . All testing will be conducted consistent with the
procedures set forth in 49 CFR Part 40, as amended. The procedures will be
performed in a private, confidential manner and every effort will be made to
protect the employee, the integrity of the drug testing procedure, and the validity
of the test result.
2) The drugs that will be tested for include marijuana, cocaine , opiates (including
heroin), amphetamines (including methamphetamine and ecstasy), and
phencyclidine . After the identity of the donor is checked using picture
identification, a urine specimen will be collected using the split specimen
collection method described in 49 CFR Part 40, as amended. Each specimen
will be accompanied by a DOT Chain of Custody and Control Form and identified
using a unique identification number that attributes the specimen to the correct
individual. The specimen analysis will be conducted at a HHS certified
laboratory. An initial drug screen and validity test will be conducted on the
primary urine specimen. For those specimens that are not negative, a
confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be
performed . The test will be considered positive if the amounts of the drug(s)
and/or its metabolites identified by the GC/MS test are above the minimum
thresholds established in 49 CFR Part 40, as amended.
3) The test results from the HHS certified laboratory will be reported to a medical
review officer (MRO), who is a licensed physician with detailed knowledge of
substance abuse disorders and drug testing. The MRO will review the test
results to ensure the scientific validity of the test and to determine whether there
is a legitimate medical explanation for a confirmed positive, substitute, or
adulterated test result. The MRO will attempt to contact the employee to notify
the employee of the non-negative laboratory result, and provide the employee
with an opportunity to explain the confirmed laboratory test result.
The MRO will subsequently review the employee 's medical history/medical
records as appropriate to determine whether there is a legitimate medical
explanation for a non-negative laboratory result. If no legitimate medical
explanation is found , the test will be verified positive or refusal to test and
reported to the Harnett County Drug and Alcohol Program Manager (DAPM). If a
legitimate explanation is found, the MRO will report the test result as negative to
the DAPM.
4) If the test is invalid without a medical explanation, a retest will be conducted
under direct observation. Employees do not have access to a test of their split
specimen following an invalid result.
5) Any covered employee who questions the results of a required drug test under
this policy may request that the split sample be tested . The split sample test
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must be conducted at a second HHS certified laboratory. The test must be
conducted on the split sample that was provided by the employee at the same
time as the primary sample . The method of collecting , storing , and testing the
split sample will be consistent with the procedures set forth in 49 CFR Part 40, as
amended . The employee's request for a split sample test must be made to the
MRO within 72 hours of notice of the orig inal sample verified test result.
Requests after 72 hours will only be accepted at the discretion of the MRO if the
delay was due to documentable facts that were beyond the control of the
employee . Harnett County will ensure that the cost for split specimens are
covered in order for a timely analysis of the sample, however Harnett County will
seek reimbursement for the split sample test from the employee .
6) If the analysis of the split specimen fails to confirm the presence of the drug(s)
detected in the primary specimen , if the split specimen is not able to be analyzed,
or if the results of the spl it specimen are not scientifically adequate, the MRO will
declare the original test to be canceled. If the split specimen is not available to
analyze, the MRO will direct Harnett County to retest the employee under direct
observation .
7) The split specimen will be stored at the initia l laboratory until the analysis of the
primary specimen is completed. If the primary specimen is negative , the split will
be discarded. If the primary specimen is positive , it will be retained in frozen
storage for one year and the split specimen will also be retained for one year. If
the primary is positive , the primary and the split will be retained for longer than
one year for testing if so requested by the employee through the Med ical Review
Officer, or by the employer, by the MRO, or by the relevant DOT agency.
8) Observed collections
A) Consistent with 49 CFR Part 40, as amended, collection under direct
observation (by a person of the same gender) with no advance notice will
occur if:
i. The laboratory reports to the MRO that a specimen is invalid, and
the MRO reports to Harnett County that there was not an adequate
medical explanation for the result ;
ii. The MRO reports to Harnett County that the original positive ,
adulterated , or substituted test result had to be cancelled because
the test of the split specimen could not be performed;
iii. The laboratory reported to the MRO that the specimen was
negative-dilute w ith a creatinine concentration greater than or equal
to 2 mg/dl but less than or equal to 5 mg/dl, the MRO reported the
specimen as negative-dilute (see §40.197(b)(1 )).
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iv. The collector observes materials brought to the collection site or the
employee's conduct clearly indicates an attempt to tamper with a
specimen ;
v. The temperature on the original specimen was out of range ;
vi. Anytime the employee is directed to provide another specimen
because the original specimen appeared to have been tampered
with ;
vii. All follow-up-tests; or
viii. All return-to-duty tests .
C. ALCOHOL TESTING PROCEDURES
1) Tests for breath alcohol concentration will be conducted utilizing a National
Highway Traffic Safety Administration (NHTSA)-approved Ev idential Breath
Testing device (EBT) operated by a trained Breath Alcohol Techn ician (BAT).
Alcohol screening tests may be performed using a non-evidential testing device
which is also approved by NHSTA. If the initia l test indicates an alcoho l
concentration of 0 .02 or greater, a second test will be performed to confirm the
results of the initial test. The confirmatory test must occur on an EST. The
confirmatory test will be conducted no sooner than fifteen minutes after the
completion of the initial test. The confirmatory test will be performed using a
NHTSA-approved EBT operated by a trained BAT. The EBT will identify each
test by a unique sequential identification number. This number, time , and unit
identifier will be provided on each EBT printout. The EBT printout, along with an
approved alcohol testing form, will be used to document the test, the subsequent
results , and to attribute the test to the correct employee.
The test will be performed in a private , confidential manner as required by 49
CFR Part 40 , as amended . The procedure will be followed as prescribed to
protect the employee and to maintain the integrity of the alcohol testing
procedures and validity of the test result.
2) An employee who has a confirmed alcohol concentration of 0 .04 or greater will
be considered a positive alcohol test and in violation of this policy. The
consequences of a positive alcohol test are described in this policy.
Even though an employee who has a confirmed alcohol concentration of 0 .02 to
0 .039 is not considered positive , the employee shall still be removed from duty
for at least eight hours or for the duration of the work day whichever is longer and
will be subject to the consequences described in this po licy. An alcohol
concentration of less than 0.02 will be considered a negative test.
3) Harnett County affirms the need to protect individual dignity, privacy, and
confidentiality throughout the testing process. If at any time the integrity of the
testing procedures or the validity of the test results is compromised, the test will
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be canceled. Minor inconsistencies or procedural flaws that do not impact the
test result will not result in a cancelled test.
4) The alcohol testing form (ATF) required by 49 CFR Part 40 as amended, shall be
used for all FTA required testing . Failure of an employee to sign step 2 of the
ATF will be considered a refusal to submit to testing
A. Pre-Employment. Applicants determined to be final candidates for a safety-
sensitive position shall undergo Urine drug testing prior to performing any
safety-sensitive functions. Receipt of a verified negative drug test result is
required prior to offer of employment or performance of safety-sensitive
duties. A pre-employment/pre-transfer test will also be performed anytime
an employee's status changes from an inactive status in a safety-sensitive
position to an active status in a safety-sensitive position (i.e. return from
Worker's Compensation Programs, return from absence}.
B. If an applicant fails a pre-employment drug test , the conditional offer of
employment shall be rescinded and the applicant will be referred to a
Substance Abuse Professional. Failure of a pre-employment drug test will
disqualify an applicant for employment for a period of at least one year.
Before being considered for future employment the applicant must provide
the employer proof of having successfully completed a referral, evaluation
and treatment plan as described in section 655 .62 of subpart G. The cost
for the assessment and any subsequent treatment will be the sole
responsibility of the applicant.
C. If a pre-employment test is canceled , Harnett County will require the
applicant to take and pass another pre-employment drug test.
D. A negative dilute result will be considered a negative and no additional
testing will be required unless directed to do so by the MRO.
E . All applicants for DOT safety positions (FTA Drivers, Dispatchers and
Mechanics and FMCSA, Public Utilities (PUU) employees required to
have a COL) will give consent to have their drug and alcohol records
checked. If the applicant refuses to give consent he/she will not be
hired or transferred into the safety-sensitive position. The following
information will be sought from DOT regulated employers who have
employed the candidate during any period during the two years before
the date of the applicant's application or transfer for applicants for
FTA covered positions and during any period during the three years
before the date of the applicant's application or transfer for applicants
for FMCSA covered positions:
1. Alcohol tests with a result of 0.04 or higher alcohol concentration;
2. Verified positive drugs tests;
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3. Refusals to be tested (including verified adulterated or substituted
drug test results);
4. Other violations of DOT agency drug and alcohol testing
regulations, and:
5 . With respect to any candidate who violated a DOT drug and alcohol
regulation, documentation of the applicant's successful completion
of DOT return-to-duty requirements (including follow-up tests). If
the previous employer does not have i nformation about the return-
to-duty process (e .g., an employer who did not hire an employee
who tested positive on a pre-employment test), then information
will be sought directly from the applicant verbally and in writing.
F . The information obtained from a previous employer includes any drug
or alcohol test information obtained from previous employers under 49
CFR Part 40 Subpart A, Section 40 .25 or other applicable DOT agency
regulations.
G . The above information will be obtained before the applicant first
performs safety-sensitive functions. It this is not feasible, the
information must be obtained as soon as possible. The applicant will
not be permitted to perform safety-sensitive functions after 30 days from the
date on which the applicant first performed safety-sensitive functions . unless
the information has been received or a good faith effort to obtain the
information has been made .
H. If informati on that the applicant has viol ated a DOT agency drug and
alcohol regulations is obtained, the applicant will not be asked to
perform safety-sensitive functi ons unless there is also obtained
information that the applicant has subsequently complied with the
return-to-duty requirements of 49 CFR Part 40 Subpart 0 and DOT
agency drug and alcohol regulations section 655.62 of subpart G.
I. Harnett County will provide to each of the employers, from whom it
requests information, written consent for the release of the
information cited above.
J . The release of information must be in written form (e.g ., fax, under
cover, e-mail, or letter) that ensures confidentiality. A written record of
the i nformation released, including the date, the party to whom it was
released and a summary of the information provided will be
maintained.
K . Upon receiving written consent from the applicant, the requested
information from the DOT regulated employer making the inquiry will
be immediately released .
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L. As requester or releaser, Harnett County will maintain a written,
confidential record of the information obtained or released or the good
faith efforts made to obtain the information. The information will be
maintained for a minimum of three years from the date of the
applicant's first performance of safety-sensitive functions.
M. The applicant will also be asked whether he or she has tested positive,
or refused to test, on any pre-appointment drug or alcohol test
administered by an employer to which the candidate applicant applied
for, but did not obtain, safety-sensitive work covered by DOT agency
drug and alcohol rules during the past two years . If the applicant
admits that he or she had a positive test or refusal to test, the
applicant will not be used to perform safety-sensitive functions, until
and unless the applicant documents successful completion of the
return-to-duty process described in this policy.
N . In instances where an FTA covered employee does not perform a
safety-sensitive function for a period of 90 consecutive days or more
regardless of reason, and during that period is not in the random
testing pool, the employee will be required to take a pre-employment
drug test under 49 CFR Part 655 and have negative test results prior to
the conduct of safety-sensitive functions.
0. In instances where an FMCSA covered employee does not perform a
safety-sensitive function for a period of 30 consecutive days or more
regardless of reason, and during that period is not in the random
testing pool, the employee will be required to take a pre-employment
drug test and have negative test results prior to the conduct of safety-
sensitive functions.
P . Post Accident -All covered employees will be required to undergo
urine and breathe testing if they are involved in an accident as defined
in Section C of this policy.
Q. FTA Fatal Accident-All FTA covered employees involved in an
accident with a transit vehicle regardless of whether or not the vehicle
is in revenue service that results in a fatality will be tested, including
all surviving covered employees that are operating the vehicle at the
time of the accident and any other whose performance could have
contributed to the accident.
R. FMCSA Fatal Accident-All FMCSA covered drivers who were
performing safety-sensitive functions with respect to the vehicle
involved in an accident with a commercial motor vehicle operating on
a public road in commerce that results in a fatality will be tested.
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S. FTA Non-Fatal Accident-A FTA post-accident test of the operator will
be conducted if an accident results in injuries requiring immediate
transportation to a medical treatment facility; or one or more vehicles
incurs disabling damage, unless the operator's performance can be
completely discounted as a contributing factor to the accident.
T. FMCSA Non-Fatal Accident-A FMCSA post-accident test will be
conducted on all drivers who were performing safety-sensitive
functions with respect to the commercial motor vehicle who receive a
citation within 8 hours of the occurrence under State or local law for a
moving traffic violation arising from the accident, if the accident
involved bodily injuries requiring immediate medical treatment away
from the scene; or one or more vehicles incurs disabling damage.
As soon as practicable following an accident, as defined in this policy,
the supervisor investigating the accident will notify the covered
employee(s) operating of the need for the test. The supervisor will
make the determination using the best information available at the
time of the decision.
The appropriate supervisor shall ensure that an employee, required to
be tested under this section, is tested as soon as practicable, but no
longer than eight (8) hours of the accident for alcohol, and no longer
than 32 hours for drugs. If an alcohol test is not performed within two
hours of the accident, the Supervisor will document the reason(s) for
the delay. If the alcohol test is not conducted within (8) eight hours, or
the drug test within 32 hours, attempts to conduct the test must cease
and the reasons for the failure to test documented.
Any covered employee involved in an accident must refrain from
alcohol use for eight (8) hours following the accident, or until he/she
undergoes a post-accident a lcohol test.
An employee who is subject to post-accident testing who fails to
remain readily available for such testing, including notifying a
supervisor of his or her location if he or she leaves the scene of the
accident prior to submission to such test, may be deemed to have
refused to submit to testing.
Nothing in this section shall be construed to require the delay of
necessary medical attention for the injured following an accident, or to
prohibit an employee from leaving the scene of an accident for the
period necessary to obtain assistance in respond i ng to the accident,
or to obtain necessary emergency medical care.
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In the rare event that Harnett County is unable to perform an
FTA/FMCSA drug and alcohol test (i.e., employee is unconscious,
employee is detained by law enforcement agency), Harnett County
may use drug and alcohol post-accident test results administered by
local law enforcement officials in lieu of the FT AIFMCSA test. The
local law enforcement officials must have independent authority for
the test and the employer must obtain the results in conformance with
local law.
Reasonable Suspicion. All Harnett County FTAIFMCSA covered
employees will be subject to a reasonable suspicion drug and/or
alcohol test when the employer has reasonable suspicion to believe
that the covered employee has used a prohibited drug and/or engaged
in alcohol misuse. Reasonable suspicion shall mean that there is
objective evidence, based upon specific, contemporaneous,
articulable observations of the employee's appearance, behavior,
speech or body odor that are consistent with possible drug use and/or
alcohol misuse. Reasonable suspicion referrals must be made by one
or more supervisors who are trained to detect the signs and
symptoms of drug and alcohol use, and who reasonably concludes
that an employee may be adversely affected or impaired in his/her
work performance due to possible prohibited substance abuse or
alcohol misuse. See Section Ill, Definitions. A reasonable suspicion
alcohol test can only be conducted just before, during, or just after the
performance of a safety-sensitive job function. A reasonable
suspicion drug test can be performed any time the covered employee
is on duty. Harnett County shall be responsible for transporting the
employee to the testing site. Supervisors should avoid placing themselves
and/or others into a situation which might endanger the physical safety of
those present. The employee shall be placed on administrative leave
pending disciplinary action described in this policy. An employee who
refuses an instruction to submit to a drug/alcohol test shall not be permitted
to finish his or her shift and shall immediately be placed on administrative
leave pending disciplinary action .
U. A written record of the observations which led to a drug/alcohol test based
on reasonable suspicion shall be prepared and signed by the supervisor
making the observation. This written record shall be submitted to the
Harnett County HR department.
V . Random Testing . Employees designated as safety-sensitive, as
defined by the DOT guidelines, will be tested on a random,
unannounced basis throughout the year. The selection of safety-
sensitive employees for random testing will be made using a
scientifically valid method of randomly generating an employee
identifier from the appropriate pool of safety-sensitive employees that
ensures each covered employee that they will have an equal chance of
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being selected each time selections are made. The number of
employees randomly selected for drug/alcohol testing during the
calendar year shall be not less than the percentage rates established
by Federal regulations for those safety-sensitive employees subject to
random testing by Federal regulations. The current random testing
rate for drugs established by FT A equals twenty-five percent of the
number of covered employees in the pool and the random testing rate
for alcohol established by FT A equals ten percent of the number of
covered employees in the pool. Each covered employee shall be in a
pool from which the random selection is made. Each covered
empl oyee in the pool shall have an equal chance of selection each
time the selections are made. Employees will remain in the pool and
subject to selection, whether or not the employee has been previously
tested. There is no discretion on the part of management in the
selection. Covered transit employees that fall under the Federal
Transit Administration regulations will be included in one random pool
maintained separately from the testing pool of non-safety-sensitive
employees that are included solely under Harnett County authority.
The random tests will be unannounced and spread throughout the
year, day of the week and hours of the day. Random tests can be
conducted at any time during an employee's shift for drug testing.
Alcohol random tests can be performed just before, during, or just
after the performance of a safety sensitive duty. Employees are
r equired to proceed immediately to the collection site upon
notification of their random selection.
W . Return to Duty. All safety-sensitive employees who previously tested
positive on a drug or alcohol test will be subject to disciplinary action
up to and including termination. However, in the rare event an
employee is reinstated with court order or other action beyond the
control of the county, the employee must completed the return-to-duty
process prior to the performance of safety-sensitive functions. All
covered employees who previously tested positive on a drug or
alcohol test or refused a test, must test negative for drugs, alcohol
(below 0.02 for alcohol), or both and be evaluated and released by the
Substance Abuse Professional before returning to work. For an initial
positive drug test a Return-to-Duty drug test is required and an alcohol
test is allowed . For an initial positive alcohol test a Return-to-Duty
alcohol test is requ i red and a drug test is allowed. Following the initi al
assessment, the SAP will recommend a course of rehabilitation unique
to the individual. The SAP will recommend the return-to-duty test
only when the employee has successfully completed the treatment
requirement and is known to be drug and alcohol-free and there are no
undo concerns for public safety.
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X. Follow-Up. Covered employees that have returned to duty following a
positive or refused a test will be required to undergo frequent,
unannounced drug and/or alcohol testing following their return-to-duty
test. The follow-up testing will be performed for a period of one to five
years with a minimum of six tests to be performed the first year. The
frequency and duration of the follow-up tests (beyond the minimums)
will be determined by the SAP reflecting the SAP's assessment of the
employee's unique situation and recovery progress. Follow-up testing
should be frequent enough to deter and/or detect a relapse. Follow-up
testing is separate and in addition to the random, post-accident,
reasonable suspicion and return-to-duty testing.
No safety-sensitive employee shall use alcohol within four hours
before going on duty or performing a safety-sensitive function. No
employee shall use alcohol within eight hours following involvement
in an accident or until he/she submits to the post-accident
drug/alcohol test, whichever occurs first.
According to USDOT regulations, no employee shall report for duty or
remain on duty in a safety-sensitive function while having an alcohol
concentration of greater than 0.02; however. Harnett County will not allow
any employee to report for duty or remain on duty in a safety-sensitive
function while having an alcohol concentration of greater than 0 .00 . An
employee in a safety-sensitive function who reports to work and
whose alcohol test result indicates a level of alcohol greater than 0.04
in the employee's system shall be considered to have a positive
alcohol test and shall be subject to discipline as described below. An
employee who reports to work and whose alcohol test result indicates a
level of alcohol greater than 0 .00 but less than 0 .02 will be subject to
discipline as described in this policy.
A safety-sensitive employee who has a confirmed alcohol
concentration of equal to or greater than 0.02 but less than 0.04 will be
removed from his/her position for at least eight hours for FT A and 24
hours for FMCSA unless a retest results in a concentration measure of
less than 0.02. The inability to perform safety-sensitive duties due to an
alcohol test result of equal to or greater than 0 .02 but less than 0 .04 will be
considered an unexcused failure to be able to perform the essential duties
of the position and will subject the employee to disciplinary action up to and
including termination . An alcohol concentration of 0.04 or greater will be
considered a positive alcohol test and in violation of this policy and a
violation of the requirements set forth in 49 CFR Part 655 for safety-
sensitive employees.
Any safety-sensitive employee that has confirmed positive drug or
alcohol test will be removed from his/her position, informed of
educational and rehabilitation programs available, and referred to a
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Substance Abuse Professional (SAP) for assessment. A positive drug
and /or alcohol test will also result in discipl inary action up to and including
termination . The Human Resources Department will be consulted prior to
such discipline being imposed .
Y . A negative dilute result will be considered a negative and no additional
testing will be required unless directed to do so by the MRO.
Z. Refusal to submit to a drug/alcohol test shall be considered a pos itive test
result and a direct act of insubordination and shall result in discipline up to
and including termination and referral to an SAP. A test refusal includes the
following circumstances:
a . Fails to appear for any test (excluding pre-employment) within a
reasonable time , as determined by the employer, after being
directed to do so by the employer
b. Fails to remain at the testing site until the test i ng process is
complete
c. Fails to provide a urine or breath specimen for any drug or alcohol
test required by Part 40 or DOT agency regulations
d . In the case of a directly observed or monitored collection in a drug
test, fails to permit the observation or monitoring of your provision
of a specimen
e . Fails to provide a sufficient amount of urine or breath when
directed , and it has been determined , through a required medical
evaluation , that there was no adequate medical explanation for the
failure
f. Fails or declines to take a second test the employer or collector has
directed you to take
g. Fails to undergo a medical examination or evaluation , as directed
by the MRO as part of the verification process , or as directed by the
DER as part of the "shy bladder" or "shy lung " procedures
h. Fails to cooperate with any part of the testing process (e.g., refuse
to empty pockets when so directed by the collector, behave in a
confrontational way that disrupts the col lection process)
i. If the MRO reports that there is verified adulterated or substituted
test result
j . Failure or refusal to sign Step 2 of the alcohol testing form
k. Failure to follow the observer's instructions during an observed
collection including instructions to raise your clothing above the
waist, lower clothing and underpants, and to turn around to permit
the observer to determine if you have any type of prosthetic or
other device that could be used to interfere with the collection
process.
I. Possess or wear a prosthetic or other device that could be used to
interfere with the collection process
m. Admit to the collector or MRO that you adulterated or substituted
the specimen.
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GRIEVANCE AND APPEAL
The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test refusal
is not subject to arbitration .
V. DRUG AND ALCOHOL TESTING POLICY FOR ALL EMPLOYEES OTHER THAN
SAFETY SENSITIVE
A. Prohibited Substances addressed by this policy include the following:
ILLEGAL DRUGS OR CONTROLLED SUBSTANCES. The use of any illegal
drug or any substance identified in Schedules I through V of Section 202 of the
Controlled Substance Act (21 U.S.C. 812), as further defined by 21 CFR 1300.11
through 1300.15 is prohibited at all times unless a legal prescription has been
written for the substance. This includes, but is not limited to: marijuana ,
amphetamines , opiates, phencyclidine (PCP), and cocaine , as well as any drug
not approved for medical use by the U.S. Drug Enforcement Administration or the
U.S. Food and Drug Administration. Illegal use includes use of any illegal drug,
misuse of legally prescribed drugs, and use of illegally obtained prescription
drugs . If Harnett County wants to test for other drugs, it cannot use the random-
testing drawing to collect that specimen.
LEGAL DRUGS. The appropriate use of legally prescribed drugs and non-
prescription medications is not prohibited. However, the use of any substance,
which carries a warning label that indicates that mental functioning, motor skills
or judgment may be adversely affected, must be reported to the employee's
supervisor. Such reporting will be prior to the employee performing any safety-
sensitive duties. In addition, the employee must obtain a written release from the
attending physician releasing the person to perform their job duties any time they
obtain a performance-altering prescription. A legally prescribed drug means that
individual has a prescription or other written approval from a physician for the use
of a drug in the course of medical treatment. It must include the patient's name,
the name of the substance, quantity/amount to be taken, and the period of
authorization. The misuse or abuse of legal drugs while performing transit
business or safety-sensitive duties is prohibited.
ALCOHOL. The use of beverages containing alcohol or substances including
any medication , mouthwash , food, candy or any other substance such that
alcohol is present in the body while performing transit business is prohibited.
The concentration of alcohol is expressed in terms of alcohol per 210 liters of
breath as measured by an evidential breath-testing device.
B. The unlawful manufacture, distribution, dispensing, possession , storage,
purchase , or use of prohibited substances by all Harnett County employees is
prohibited. Employees who violate this provision will be subject to disciplinary
action up to and including termination. The Human Resources Department will
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be consulted prior to such discipline being imposed. Law enforcement shall be
notified , as appropriate , where criminal activity is suspected .
C. All employees may be subject to a fitness for duty evaluation , and urine and /or
breath testing when there are reasons to believe that drug or alcohol use is
adversely affecting job performance . Any employee who is reasonably
suspected of being intoxicated , impaired , under the influence of a prohibited
substance, or not fit for duty shall be suspended from job duties pending an
investigation and verification of condition .
D. In accordance with Section Ill of this policy, a reasonable suspicion referral for
testing will be made on the basis of documented objective facts and
circumstances consistent with the short-term effects of substan ce abuse or
alcohol m isuse by a trained supervisor or official of the locality where the covered
employee has reported for duty is on duty.
E. Before any reasonable -suspicion drug test shall be conducted , the factors giv i ng
rise to reasonable suspicion shall be reviewed with and approved by the
Department Director in consultation with Human Resources. A written record
shall be made of the observations leading to a reasonable-suspicion drug or
alcohol test and signed by the supervisor or departmental designee who made
the observations within twenty-four hours of the observed behavior or before the
results of the controlled-substances test are released, whichever is earlier.
F. Employees found to be under the influence of prohibited substance(s) or who fail
to pass a drug or alcohol test shall be removed from duty and subject to
d iscipl inary action up to and including termination . A drug or alcoho l test is
considered positive if the individual is found to have a quantifiable presence of a
prohibited substance in the body above the minimum thresholds
G . A reasonable suspicion alcohol test shall be administered no later than e ight
hours following the determination of reasonable suspicion. If the alcohol test is
not administered within eight hours following the determination of reasonable
suspicion or the accident, the supervisor shall cease attempts to administer the
test and must document the reason(s) for not admin istering the test. In the event
an alcohol test is not administered within the eight hour time frame , the following
should occur:
i. No employee shall be allowed to remain on duty until an alcohol test is
administered and the employee's alcohol concentration measures less than
0 .02; or
i i. Twenty-fou r hours have elapsed following the determination of reasonable
suspicion .
H. No employee may refuse to submit to an alcohol test as required by this policy or
DOT regulations.
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I . Any employee involved in an accident that results in a fatality will be required to
undergo urine and breath testing if they are involved in an accident while on duty
or operating a Harnett County vehicle (regardless of whether or not the vehicle is
in revenue service). This includes all surviving safety-sensitive employees that
operated the vehicle and any others whose performance could have contributed
to the accident.
J. In addition, a post-accident test will be conducted if an accident results in injuries
requiring immediate transportation to a medical treatment facility; or one or more
vehicles incurs disabling damage; unless the employee can be completely
discounted as a contributing factor to the accident. The accident definition may
include some incidents where an individual is injured even though there is no
vehicle collision.
K. Following an accident, the employee(s) will be tested as soon as possible, but
not to exceed eight hours for alcohol testing and 32 hours for drug testing .
L. Any employee involved in an accident must refrain from alcohol use for eight
hours following the accident or until he/she undergoes a post-accident alcohol
test.
M. Any employee who leaves the scene of the accident without justifiable
explanation prior to submission to drug and alcohol testing will be consider to
have refused the test and their employment terminated.
N. Employees tested under this provision will include not only the operations
personnel, but also any other covered employee whose performance could have
contributed to the accident.
0 . Any employee who is suspected of providing false information in connection with
a test, or who is suspected of falsifying test results through tampering ,
contamination, adulteration, or substitution will be required to undergo a direct
observation collection . Verification of these actions will result in the employee's
removal from duty and their employment terminated. Refusal can include an
inability to provide a sufficient urine specimen or breath sample without a valid
medical explanation, as well as a verbal declaration, obstructive behavior, or
non-approved physical absence resulting in the inability to conduct the test
P. All employees are encouraged to make use of the available resources for
treatment for alcohol misuse and violations of illegal drug use policies. Under
certain circumstances, employees may be required to undergo treatment for
substance abuse or alcohol misuse. Any employee who refuses or fails to
comply with requirements for treatment, after care, or return to duty shall be
subject to disciplinary action, up to and including termination. The cost of any
treatment or rehabilitation services will be paid for directly by the employee or
their insurance provider. Employees will be allowed to take accumulated sick
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leave and vacation leave to participate in the prescribed rehabilitation program .
An employee may have one (once in a lifetime) opportun ity under this program .
Employees may be either referred or make self-referral to a counseling
professional.
Q . All employees are required to notify Harnett County through their supervisor(s) or
the Human Resources Office of any criminal drug statute conviction for a
violation occurring in the workplace within five days after such conviction, as
required by the Drug-Free Workplace Act. Failure to comply with this provision
shall result in disciplinary action , up to and including termination .
R. Employees who are terminated as a result of a violation of th is policy shall be
referred to for evaluation and further counseling or treatment by a substance
abuse professional.
S. Employees who have previously tested positive on a drug or alcohol test and
who are allowed to reenter the workforce must agree to a re-entry contract. That
contract may include, but is not limited to:
1. A release to work from the counseling professional
2 . A negative test for drugs and/or alcohol
3. An agreement to unannounced frequent follow-up testing for a period
of (1) one to (5) five years with at least (6) six tests performed the first
year.
4 . A statement of work-related behaviors.
5 . An Agreement to follow specified after-care requirements with the
understanding that violation of the re-entry contract will be grounds for
termination .
VI. TESTING PROCEDURES
Analytical urine drug testing and breath testing for alcohol will be conducted as
required by 49 CFR part 40 as amended . All employees covered under FTA
authority shall be subject to testing prior to performing safety-sensitive duty, for
reasonable suspicion, following an accident, and random as defined in th is policy,
and return to duty/follow-up . All employees covered under company authority will
also be subject to testing for reasonable suspicion, post-accident. random and return
to duty/follow-up using non-DOT testing forms .
VII. EMPLOYEE ASSESSMENT
A. Any employee who tests positive for the presence of illegal drugs or
alcohol above the minimum thresholds set forth in 49 CFR Part 40, as
amended, will be referred for evaluation by the SAP. The SAP will evaluate
each employee to determine what assistance, the employee needs in
resolving problems associated with prohibited drug use or alcohol misuse.
Harnett County Drug and Alcohol Poli cy October 2014, November 2009 Revised Dec 1998 Adopted Page 30 of 35
051016wsa HC BOC Page 57
B. Assessment by the SAP or participating in an Employee Assistance Program
does not shield an employee from disciplinary action or guarantee employment
or reinstatement. The Human Resources Department should be consulted prior
to any discipline being imposed .
C . If a safety-sensitive employee is allowed to return-to-duty, he/she must
properly follow the rehabilitation program prescribed by the SAP, the
employee must have negative return-to-drug and alcohol tests, and be
subject to unannounced follow-up testing for a period of one to five years.
The cost of any treatment or rehabilitation services will be paid directly by the
employee or by his/her insurance provider. Employees will be allowed to take
accumulated sick leave and vacation leave to participate in the prescribed
rehabilitation program.
VIII . INFORMATION DISCLOSURE
1) Drug/alcohol testing records shall be maintained by the Harnett County Drug and
Alcohol Program Manager and , except as provided below or by law, the results of
any drug/alcohol test shall not be disclosed without express written consent of
the tested employee.
2) The employee, upon written request, is entitled to obtain copies of any records
pertaining to their use of prohibited drugs or misuse of alcohol including any drug
or alcohol testing records . Covered employees have the right to gain access to
any pertinent records such as equipment calibration records, and records of
laboratory certifications. Employees may not have access to SAP follow-up
testing plans.
3) Records of a verified positive drug/alcohol test result shall be released to the
Drug and Alcohol Program Manager, and other transit management personnel on
a need to know basis .
4) Records will be released to a subsequent employer only upon receipt of a written
request from the employee .
5) Records of an employee's drug/alcohol tests shall be released to the adjudicator
in a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested
individual arising from the results of the drug/alcohol test. The records will be
released to the decision maker in the preceding.
6) Records will be released to the National Transportation Safety Board during an
accident investigation.
7) Information will be released in a criminal or civil action resulting from an
employee's performance of safety-sensitive duties, in which a court of competent
jurisdiction determines that the drug or alcohol test information is relevant to the
Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 31 of 35
051016wsa HC BOC Page 58
case and issues an order to the employer to release the information. The
employer will release the information to the decision maker in the proceed ing
with a binding stipulation that it will only be released to parties of the proceeding .
8) Records will be released to the DOT or any DOT agency with regulatory authority
over the employer or any of its employees .
9) Records will be released if requested by a Federal, state or local safety agency
with regulatory authority over Harnett County or the employee.
1 0) If a party seeks a court order to release a specimen or part of a spec imen
contrary to any provision of Part 40 as amended, necessary legal steps to
contest the issuance of the order will be taken
11) In cases of a contractor or sub-recipient of a state department of transportation ,
records will be released when requested by such agencies that must certify
compl iance with the regulat ion to the FT A/FMCSA.
IX. SUPERVISORY RESPONSIBLITIES
Every supervisor shall :
A. Consistently apply this policy to all employees under his or her superv ision . A
superv isor, who fails to apply this policy when he or she believes , or reasonably
should bel ieve , that an employee under his or her supervision has committed a
violation , will be disciplined .
B. In itiate the process for having an employee drug or alcohol tested if there is
reasonable suspicion that an employee under his or her supervision , when such
employee is on duty, has an illegal drug or alcohol i n his or her system or is using
any legal drug in a manner other than it was intended .
C. Insure that employees he or she supervi ses are aware of the requirements and
consequences of this policy.
D . Follow the procedure established by the department director assuring that an
employee who is to be tested for alcohol or other drugs is transported to the
designated test site , and that those employees for whom there is reasonable
susp icion of substance abuse or who have had an a lcoho l test result of greater
than 0 .00 are transported home-either by personal family/friends or by arranged
transportation.
E. All sup ervisory personnel or company officials who are in a pos it ion to determine
employee fitness for duty will also receive 60 minutes of reasonable suspicion
training on the physical , behavioral , and performance ind icator of probable drug
Harn ett Count y Dru g and Al co hol Policy October 2014, November 2009 Revised Dec 1998Adopted Page 32 of 35
051016wsa HC BOC Page 59
use and 60 minutes of additional reasonable suspicion training on the physical ,
behaviors , speech , and perfo rmance indicators of probably alcohol misuse .
F. Since the Sheriff and the Register of Deeds are elected officials, drug free
workplace issues in the Sheriff's Department and in the Register of Deeds Office
shall be the responsibilities of these officials respectively. The Sheriff's
Department shall be responsible for reporting test results to the North Carolina
Sheriff's Education and Training Standards Commission on personnel holding
certification from that Commission as required.
X . EMPLOYEE RESPONSIBILITIES
Every applicant and employee will be given a copy of "Rights and Responsibilities under
the North Carolina Controlled Substance Examination Act" prior to being tested .
Every covered employee will receive a copy of this policy and will have ready access to
the corresponding federal regulations including 49 CFR Parts 655 and 40 , as amended .
Every employee shall :
A. Ab ide by this policy as a condition of employment.
B . Comply with all applicable laws regulating the manufacture, distribution ,
dispensing , use or possession of illegal drugs, alcohol, or prescription drugs.
C. Assure that his or her ability to perform his or her job duties is not negatively
affected due to use of a drug or alcohol when scheduled to report to work or
when on "on call" status. Should any employee be requested to report to work
for a safety-sensitive job earlier than his or her normal or previously assigned
time, it is the employee's responsibility to advise his or her supervisor of an
inability to perform his or her job duties or that he or she has consumed alcohol
within the last four (4) hours prior to reporting for duty. If the employee had
received prior notice that he or she might be called back into work, the employee
shall be considered AWOL if he or she is unable to report to duty. An employee
may be subject to other disciplinary action due to inability to report for duty.
D . Submit immediately to a drug or alcohol test when directed by his or her
supervisor.
E. Notify his or her department director, if convicted of a violation of a criminal drug
statute and such violation occurred while the employee was on duty, within five
days after such conviction, as required by the Drug-Free Workplace Policy of
1988.
F. Notify his or her department head , if arrested off the job for Driving While
Impaired (DWI) or Driving under the Influence (DUI) or for the use, sale, or
possession of a controlled dangerous substance , within forty-eight (48) hours of
Harn ett County Dru g an d Al co hol Policy October 2014, November 2009 Revised Dec 1998Adopted Page 33 of 35
051016wsa HC BOC Page 60
the incident. The department head shall investigate the incident, and if it is found
to have a direct relationship to the employee's job duties and responsibilities,
appropriate action may be taken.
G. All safety-sensitive employees will undergo a minimum of 60 minutes of training
on the signs and symptoms of drug use including the effects and consequence of
drug use on personal health, safety, and the work environment. The training
must also include manifestations and behavioral clues that may indicate
prohibited drug use.
XI. SYSTEM CONTACTS
Any questions regarding this policy or any other aspect of the drug free and alcohol-free
program should contact the Human Resources Department/Human Resources Director.
John Rankins
P.O . Box 778
Lillington , NC 27546
(91 0) 893-7567
FTA DAPM contact information:
Angela Mclamb
P.O . Box 778
Lillington, NC 27546
(910) 893-7567
XII. EFFECTIVE DATE
All provisions of this policy will become effective on the date of approval by the Harnett
County Board of Commissioners.
Appendix A
Harnett County Safety-Sensitive Positions
FT A-Transportation
Administrative Support Specialist (Dispatcher)
Fleet Maintenance Mechanic
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051016wsa HC BOC Page 61
Senior Fleet Maintenance Mechanic
Transit Driver (Lead & Temporary)
Transit Services Manager
Transportation Dispatcher
FMCSA-Public Utilities
Distribution & Collection System Supervisor
Meter Reader
Meter Services Specialist
Senior Meter Reader
Utility Systems Crew Leader
Utility System Technician
FMCSA-Solid Waste
Solid Waste Operations Crew Leader
Solid Waste Operations Manager
Some Heavy Equipment Operators
Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 35 of 35
051016wsa HC BOC Page 62
Parks and Recreation Reorganization Highlights
• Combining County Resources
• Uses In -house Talent and Knowledge
• Provides Labor force for Park Expansion and Programming
o Current Parks and Recreation Staff at 100% workload
capacity
• No longer Contract outside of Organization for Landscaping
Services
o More Control
o Expanded Services
o In-house Irrigation
• Approximate cost savings of $30,000 per year
• pt year cost savings of approximate $0-$5,000 due to Capital
Purchases (Lawn Equipment)
• Park Project Availability
o Trails, Grading, Special Projects
051016wsa HC BOC Page 63
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