ECTOR = COUNTY

ECTOR COUNTY SUBSTANCE = ABUSE=20 POLICY

I. = ; =20 INTRODUCTION

The ECTOR COUNTY = Commissioners'=20 Court has a responsibility to provide the highest level of safety = attainable by=20 the County. All the employees of ECTOR COUNTY share in this = responsibility. The Commissioners' Court recognizes that the = status=20 of an employee's health affects his or her job performance and = safety. The=20 Commissioners' Court also recognizes that drug and alcohol abuse ranks = as one of=20 the major health problems in our society today. The Commissioners' = Court=20 further finds that the use of illegal drugs, alcohol and the abuse of = controlled=20 substances in the workplace results in the lack of overall performance, = creates=20 a safety hazard, is totally unacceptable, and conflicts with all aspects = of=20 maintaining an efficient, proper, and honest county = government.

Therefore, the Commissioners' = Court finds=20 it necessary to provide a Zero-Tolerance Drug‑Free = Workplace for its=20 employees.

II. =20 SCOPE

EFFECTIVE DATE AND EMPLOYEES=20 COVERED

This Policy becomes effective = on August=20 24, 2009, and will be incorporated into the ECTOR COUNTY Human Resources = policies as of that date. This Policy applies to all employees of = ECTOR=20 COUNTY, regardless of rank or position and shall include temporary = and=20 part-time employees. The only exception to this Policy shall be = the=20 possession of controlled substances by law enforcement personnel as part = of=20 their law enforcement duties.

III. =20 POLICY

In order to maintain a = Zero-Tolerance=20 Drug‑Free Workplace, the Commissioners' Court has implemented the = following=20 policies:

1. =20 The use, unauthorized possession, manufacture, distribution or sale of = illegal=20 drugs, illegal inhalants, drug paraphernalia or controlled substances by = any=20 employee while on duty, while on County premises or work sites or = conducting=20 County business, or while operating or occupying any County = vehicle/equipment at=20 any time, is prohibited. The unauthorized possession or use of=20 prescription or over-the-counter drugs, while on County property or on = duty for=20 the County, in a manner other than that intended by the manufacturer or=20 prescribed by a physician, is prohibited. The County, at its = sole=20 discretion, may take into custody any illegal, unauthorized or = prohibited items=20 and may turn them over to the proper law enforcement agencies. The = only=20 exception shall be for prescription drugs prescribed by a licensed = physician as=20 medication for use by the person possessing such substance. =

2. =20 The presence of a detectable level of any illegal drug, illegal = inhalant,=20 alcohol or unauthorized controlled substance or any metabolite of any = such=20 substance in the body at any time is prohibited.

3. =20 Reporting to work under the influence of intoxicating beverages, illegal = drugs,=20 illegal inhalants or narcotics, other than the medically authorized use = of=20 prescribed medication or of controlled substances as part of a = prescribed=20 medical treatment program, is prohibited.

4. = ; =20 The unauthorized storage in any locker, desk, County vehicle or = other=20 repository on County premises or work sites of any illegal drugs, = illegal=20 inhalants, drug paraphernalia, unauthorized controlled substances or = alcohol is=20 prohibited.

5. In=20 order to accomplish the purpose of this Policy, the County reserves the = right to=20 carry out reasonable searches of all County property and County=20 vehicles/equipment. Searches by the County may be initiated = without prior=20 notice or consent, and conducted at times and locations as deemed = appropriate by=20 the County. The refusal to consent to inspection of any desk, = locker or=20 other County property under an employee's control, when requested by a=20 supervisor, is prohibited.

6. =20 Employees have a right to refuse to submit to a drug/alcohol test; = however, that=20 refusal to submit a specimen for testing when required under this Policy = may=20 result in disciplinary action, up to and including, termination. =

7. =20 The tampering or adulterating of any urine sample submitted for testing = is=20 prohibited.

8.=20 The conviction, or the = failure to=20 report a conviction to a supervisor, by any employee for any drug- or=20 alcohol-related crime is a violation of this Policy.

9. =20 Employment with ECTOR COUNTY will be dependent on passing any and = all=20 drug/alcohol tests administered under this Policy. Failing a = drug/alcohol test will be grounds for disciplinary action, specifically, = termination. Employees or applicants who fail a drug/alcohol test = shall=20 not be eligible for re-hire.

IV. =20 DEFINITIONS UNDER THIS POLICY

1. =20 ILLEGAL DRUG:

"Illegal Drug" shall include = any drug or=20 derivative thereof which the use, possession, sale, transfer, attempted = sale or=20 transfer, manufacture, or storage of is illegal or regulated under any = federal,=20 state, or local law or regulation and any other drug, including (but not = limited=20 to) a prescription drug, used for any other than a legitimate medical = reason,=20 and inhalants used illegally. Included is marijuana or cannabis in = all=20 forms.

2. =20 CONTROLLED SUBSTANCE:

"Controlled Substance" shall = include any=20 substance listed in Schedules I-V of Section 202 of the Controlled = Substance Act=20 (21 U.S.C. =A7 812), as amended. (A copy of this information is = available=20 for review in the Human Resource Department.) A = controlled =20 substance is "unauthorized" if the employee does not have a valid = prescription=20 for that substance at the time of its use or possession.

= =20 3. DRUG=20 PARAPHERNAILA = =20

=93Drug paraphernalia=94 shall = include=20 equipment, a product, or material that is used or intended for use in = concealing=20 an illegal drug or for use in injecting, ingesting, inhaling, or = otherwise=20 introducing into the human body, an illegal drug or controlled=20 substance.

4. =20 COUNTY PREMISES OR WORK SITES

"County premises or work = sites" include=20 all owned, rented or leased real property such as buildings, structures, = land,=20 parking lots, job sites (where an employee is working), etc., and = means of=20 transportation owned, leased, or otherwise used for County business, = including=20 motor vehicles, equipment, or machinery, and County property used by = employees=20 such as vehicles, lockers, desks, closets, storage areas, and = etc.

5. =20 FAILING A DRUG TEST

"Failing a drug test" is = defined as a=20 confirmation of an initial test result which shows a detectable level of = an=20 illegal drug, unauthorized controlled substance, drug metabolite or = alcohol in=20 the body.

6. =20 DETECTABLE LEVEL

"Detectable level" is defined = as a=20 quantity of a drug, drug metabolite or alcohol equal to or greater than = the=20 detection limit for that substance as established by the testing = laboratory,=20 with the Commissioners' Court approval. A quantity of 0.02 or more = is the=20 detection level for alcohol.

7. =20 DRUG SCREEN

"Drug screen" is defined as a = urine=20 specimen and/or blood specimen submitted for the purpose of analysis to=20 determine the presence of an illegal drug, illegal inhalant, alcohol or=20 unauthorized controlled substance in the body.

V. =20 DISCIPLINARY ACTION FOR VIOLATIONS OF THIS POLICY

1. =20 The following violations of this Policy shall be grounds for=20 termination:

A. Failing=20 a drug/alcohol test.

B. =20 Unauthorized possession, use, manufacture, distribution or sale of any = illegal=20 drug, illegal inhalant, drug paraphernalia or controlled substance at = any time,=20 OR

C. =20 Possession or use, without authorization, of alcohol while on County = premises,=20 work sites or while operating or occupying any County vehicle/equipment = or while=20 on duty at any time.

D. The=20 refusal to consent to a lawfully permitted drug/alcohol test and/or = submit a=20 specimen for testing when required under this Policy.

E. Any=20 employee who violates any other provisions of this Policy may be = disciplined up=20 to and including termination.

Any disciplinary action taken with = employees for=20 violations of, or refusal to follow, Ector County's Substance Abuse = Policy will=20 require written documentation.

VI. = APPEAL=20 PROCESS

Any individual who has been = subject to=20 disciplinary action as a result of this Policy may appear before the=20 Commissioners' Court in executive session to appeal such disciplinary=20 action. A written request to appear before the Commissioners' = Court=20 for a review of the decision should be submitted to the office of = the=20 County Judge within 10 days of the disciplinary action. Such = review by the=20 Commissioners' Court will take place in executive session, or in open = session at=20 the employee=92s request, at their next regularly scheduled = meeting.

If a disciplined employee = wishes to have=20 his/her sample retested, such test will be conducted from the original = sample=20 collected and will be at the expense of the County. The laboratory used = by the=20 employee must meet the same criteria as the laboratory used by the = County (The=20 laboratory is to be certified under appropriate federal and/or state = regulations=20 and should follow the guidelines adopted by the U.S. Department of = Health and=20 Human Services for workplace urinalysis).

VII. DRUG = AND=20 ALCOHOL TESTING

Drug and Alcohol Testing will = be conducted=20 by a qualified laboratory approved by the Commissioners' Court. =20 Chain‑of‑Custody procedures will be followed to account for = the integrity of=20 each urine sample by tracking its handling and storage from point of = specimen=20 collection to final disposition of the specimen.

Only those specimens confirmed = positive by=20 GC/MS will be reported as positive specimens. Those results will = only be=20 reported by the laboratory to the Human Resources Director (or the Risk=20 Management Director or their designee) who shall act as the Alcohol and = Drug=20 Program Administrator for Ector County. The results will then be = reported=20 to those Department heads that may need to know the results. Results = will be=20 kept confidential and secured at all times.

Alcohol and Drug Testing under = this Policy=20 will include:

Pre‑Employment: All applicants for employment will = be tested=20 prior to beginning employment with Ector County. The Human = Resources=20 Department will provide the information regarding where and when to = report for=20 testing. Applicants will sign a Pre-Employment Drug and Alcohol = Testing=20 Consent form. All offers of employment are conditional upon = passing a drug=20 test. No one will be hired who refuses to be tested or fails the=20 test.

Post‑Accident=20 Testing:=20 Any = employee=20 involved in any motor vehicle accident involving County property, an = accident=20 involving bodily injury or property damage of $500 or more and/or = one‑half of=20 the value of the property will submit to a drug and alcohol test (This = includes=20 single vehicle/equipment accidents). Other employees in the = immediate=20 vicinity of the accident or incident may also be required to submit to a = drug=20 and alcohol test if a supervisor believes that the employee may have = caused or=20 contributed to the accident or incident. The decision to order = such=20 testing shall be made by the highest ranking supervisor present at the = scene of=20 the accident or incident. Consequently, employees involved in = accidents=20 must immediately notify their supervisors, who will contact the Human = Resources=20 Department to receive instructions concerning the test. The test = shall be=20 performed as soon as possible at the order of the supervisor, but no = later than=20 within 3 hours. If the accident is after hours or out-of-town, the = testing=20 laboratory shall be contacted by the supervisor for=20 direct.assistance.

Reasonable = Suspicion: If an employee is = having a=20 work performance problem or displaying behaviour that may be alcohol- or = drug-related, or is otherwise demonstrating conduct that may be in = violation of=20 this Substance Abuse Policy where immediate management action is = necessary, a=20 supervisor, with notification to the Alcohol and Drug Program=20 Administrator or the Administrator=92s designee, will require that = employee to=20 submit to a breath test and/or urinalysis. The following = conditions may be=20 signs of possible alcohol or drug use (this list is not=20 all-inclusive):

=B7 =20 Abnormally = dilated or=20 constricted pupils

=B7 =20 Glazed = stare =96 redness=20 of eyes (sclera)

=B7 =20 Flushed=20 face

=B7 =20 Change of = speech (i.e.=20 faster, slower, slurred)

=B7 =20 Constant=20 sniffing

=B7 =20 Increased = or=20 unexplained absences

=B7 =20 Redness = under the=20 nose

=B7 =20 Sudden = weight=20 loss

=B7 =20 Needle=20 marks

=B7 =20 Change in = personality=20 (i.e. paranoia, anger, hostility)

=B7 =20 Increased = appetite for=20 sweets

=B7 =20 Forgetfulness =96=20 performance altering =96 poor concentration

=B7 =20 Borrowing = money from=20 co-workers or seeking an advance of pay or other unusual display of need = for=20 more money

=B7 =20 Constant=20 fatigue

=B7 =20 Hyperactivity

=B7 =20 Smell of=20 alcohol

=B7 =20 Difficulty = walking or=20 standing

=B7 =20 Dulled = mental=20 processes

=B7 =20 Slowed = reaction=20 rate

Elected Officials, Appointed = Officials,=20 Department Heads or Supervisors should take immediate action if they = have reason=20 to believe that substance or alcohol abuse is affecting the employee=92s = job=20 performance or endangering the public. A supervisor observing such = conditions will take the following actions immediately:

a. =20 Confront the employee involved, and keep him/her under direct = supervision=20 until the situation is resolved. Inform the employee of the = problems with=20 job performance and the specific violations of the policy.

b. =20 Contact the Human Resources Department and inform them of the = situation=20 and the employee under suspicion.

c. =20 After discussing the circumstances with the official or = supervisor, the=20 Alcohol and Drug Program Administrator may observe the employee or will = proceed=20 to testing the employee under the reasonable suspicion = policy.

d. =20 The Alcohol and Drug Program Administrator will request that the=20 employee be immediately required to submit to a breath test = and/or=20 urinalysis. If the employee refuses to submit to the testing for = any=20 reason, the employee may be informed that they are being immediately=20 terminated.

e. =20 The official or supervisor shall provide to the Alcohol and Drug = Program=20 Administrator documentation of the particular facts related to the = behaviour or=20 performance problems within 24 hours of sending the employee for = reasonable=20 suspicion drug or alcohol testing.

f. =20 Under no circumstances will an employee be allowed to operate a = vehicle=20 or machinery while conducting County business until a confirmed negative = test=20 result is received.

VIII. TESTING=20 PROCEDURES

Any official or supervisor who = requests=20 that an employee be tested must contact the Alcohol and Drug Program=20 Administrator or the Administrator=92s designee for authorization of the = test. They must provide the appropriate documentation to the = Alcohol and=20 Drug Program Administrator.

a. =20 The employee will be escorted and driven to the designated = testing=20 facility for a specimen collection.

b. =20 Tests that may be required include breathalyzer, urinalysis = and/or blood=20 tests.

c. =20 In the case of urinalysis, an unobserved specimen will be = collected in a=20 drug testing facility that has been properly secured to meet drug = testing=20 requirements (urinalysis collection guidelines established by = SAMSHA). The=20 specimen will be collected and sealed in an appropriate container which = will=20 then be laboratory tested.

d. =20 The employee will sign the Chain-of-Custody that is provided by = the drug=20 testing facility.

e. =20 The employee will be suspended with pay until the test results = are=20 known. Arrangements will be made to safely return the employee to = his/her=20 residence.

f. =20 Unless required by law or as deemed necessary by the Alcohol and = Drug=20 Program Administrator to comply with state and federal regulations, the = results=20 of the alcohol or drug test will not be released to anyone other than = the=20 Alcohol and Drug Program Administrator and/or the Administrator=92s = designee and=20 the official or supervisor without written consent of the employee. =

= =20

IX. = PRESCRIPTION=20 DRUGS

Employees taking prescription = medications=20 shall be required to immediately notify their supervisor of any possible = effects=20 the medication might have regarding their job performance and = physical/mental=20 capacity. Prescription medications used at work are to be = kept in=20 their original container.

Any information concerning = prescription=20 medications being used by an employee, and any other medical information = of=20 which the supervisor becomes aware, shall be treated as confidential=20 information.

X. =20 TREATMENT

Employees having problems with = drugs or=20 alcohol are encouraged to seek treatment from qualified = professionals. =20 Information on benefits provided for treatment of alcohol and drug = problems=20 through the County=92s Health Benefits Plan is available in the = employee=92s health=20 benefits plan document or from the Insurance Department.

= =20

XI. =20 SUPERVISORY AND EMPLOYEE TRAINING

Supervisors will receive = training=20 regarding the Substance Abuse Policy. All employees will receive = copies of=20 the Substance Abuse Policy and it will be posted on Ector County=92s=20 website.

XII. = RESERVATION OF=20 RIGHTS

The County reserves the right = to=20 interpret, change, suspend, cancel or dispute, with or without notice, = all or=20 any part of this Policy, or procedures or benefits discussed = herein. =20 Employees will be notified before implementation of any = change.

Although adherence to this = Policy is=20 considered a condition of continued employment, nothing in this Policy = alters an=20 employee's at-will status and shall not constitute nor be deemed a = contract or=20 promise of employment. Employees remain free to resign their = employment at=20 any time for any or no reason, without notice, and the County retains = the right=20 to terminate any employee at any time, for any or no reason, without=20 notice.

XIII. OTHER LAWS AND=20 REGULATIONS

The provisions of this Policy = shall apply=20 in addition to, and shall be subordinated to, any requirements imposed = by=20 applicable federal, state or local laws, regulations or judicial=20 decisions. Unenforceable provisions of this Policy shall be deemed = to be=20 deleted. Interaction between the Ector County Substance = Abuse Policy=20 and Drug and Alcohol Testing Procedures required by the Department of=20 Transportation (DOT) shall be as follows:

1. =20 All Ector County employees subject to DOT drug and alcohol tests shall = remain=20 subject to the Ector County Substance Abuse Policy at all = times.

2. In=20 the event that a drug and alcohol test is not required under DOT rules, = but is=20 required under Ector County Substance Abuse Policy, the employee shall = be tested=20 in accordance with the Ector County rules.

3. In=20 the event that a drug and alcohol test is required under DOT rules, the = driver=20 shall be tested in accordance with those rules which shall supersede = Ector=20 County Substance Abuse Policy drug and alcohol testing rules.

4. In=20 the event DOT rules are not applicable or do not cover a specific = situation, the=20 Ector County Substance Abuse Policy shall be used to settle = interpretation=20 questions.

5. =20 Employees/drivers shall be informed before any test whether the test is = required=20 under DOT or Ector County rules.

6. =20 Employees in safety sensitive positions are subject to random testing = per DOT=20 rules, whereas employees in non-safety sensitive positions are not = subject to=20 random testing. All drivers who test positive for drugs or alcohol = shall=20 be immediately removed from safety sensitive duties.

7. =20 All disciplinary action taken against an employee for drug and alcohol=20 violations shall be taken pursuant to Ector County rules.