FORSYTH COUNTY ALCOHOL POLICY (Revised 8/05)
Section 100. Purpose
The purpose of this policy is to promote and maintain an environment in the workplace
that is free from the negative aspects of alcohol and to protect employees and the public
by ensuring that County employees are capable of performing their assigned duties.
Consistent with this purpose, Forsyth County is interested in providing appropriate
assistance to employees who are experiencing alcohol related problems. The following
topics are addressed in this document:
Section 101 Definitions
Section 102 Alcohol Level
Section 103 Employee Testing
Section 104 Information about the Test
Section 105 Consequences of a Positive Alcohol Test Result
Section 106 Mandatory Employee Assistance Program (EAP)
Section 107 Use of Results in Criminal Action
Section 108 Notification of Loss of License
Section 109 Notification of Conviction
Section 110 Additional Standards
Section 111 Communication and Training
Section 112 Requirements for Employees with a Commercial Drivers License
Section 101. Definitions
101.1 Approved Laboratory means a laboratory certified to perform alcohol
screening or testing by the National Institute on Drug Abuse (NIDA).
101.2 Employee means, for the purpose of this policy, any person whose position is
included in the Forsyth County Classification Plan or any person receiving salary
payments based on the Forsyth County Pay Plan. This definition does not include elected
officials or elective positions.
101.3 Employee Assistance Program means the program of services provided to
County employees through agreement with an Employee Assistance Program (EAP)
provider. These services include assessment, evaluation, counseling and referral for
treatment and follow up procedures.
101.4 Influence means the same as impairment.
101.2 Reasonable Suspicion means a belief based on specific objective facts and
rational inferences drawn from those facts that an employee has consumed or is under the
influence of or impaired by alcohol while at work. Circumstances which constitute a
basis for determining "reasonable suspicion" may include, but are not limited to: 2
A. Observable occurrences, such as:
1. Direct observation of the consumption of alcohol. 2. The employee's walking and balance is unsteady or uncharacteristic of their usual posture. 3. The employee's eyes are bloodshot, extremely teary, or glassy looking. 4. The employee's speech is unusually slurred or stammering. 5. The odor of alcohol is on the employee's breath and/or person. B. A report of the consumption of alcohol, by an employee while at work, provided
by a reliable and credible source.
C. A pattern of unexplained preventable accidents and/or information based on
specific objective facts that an employee has caused, or contributed to an accident
at work while under the influence of alcohol.
Section 102 Alcohol Level
102.1 If an employee has a breathalyzer result of .02 or more of alcohol, it will be
considered a positive alcohol test.
102.2 As a general rule, the amount of time required to completely eliminate alcohol
from the bloodstream is two hours for a 12 ounce can of beer, three ounces of wine, or 1
ounce of spirits. However, this is only an average. The time required to eliminate the
alcohol varies with a persons weight, their metabolism, the kind and proof of alcohol
consumed, etc. Employees must take care to ensure that alcohol is not ingested
immediately prior to or during working hours, and that adequate time is available to
process the alcohol consumed.
Section 103 Employee Testing
103.1 A department head who has reasonable suspicion (defined in 101.2) that an
employee has consumed, is under the influence of or is impaired by alcohol while at
work is authorized to have the employee taken to one of the test sites of the County's
contracting laboratory and require the employee to cooperate fully with testing personnel.
103.2 Employees will be taken to the test site and then home for the rest of the day.
103.3 Before an alcohol test is administered, the department head will ask the employee
to sign a consent form (available from the Human Resources Department) authorizing the
test and permitting the release of test results to Forsyth County officials who have a need
to know. The consent form shall also set forth the following information:
A. The procedure for confirming an initial positive test result. B. The consequences of a positive test result. C. The right of an employee to explain a positive alcohol test result. D. The consequences of refusing to undergo an alcohol test. 3 103.4 The Human Resources Department will provide necessary laboratory test forms
and employee consent forms to each department. Departments will also be provided with
the location of the laboratory location(s) and any special procedures that apply after
normal office hours (Monday through Friday, 8:00 A.M. to 5:00 P.M.).
103.5 An employee who refuses to consent to an alcohol test, when reasonable suspicion
of alcohol use has been identified, may be recommended for, and is subject to dismissal.
In case of refusal, the department head or supervisor will recommend to the appointing
authority that the employee be suspended without pay immediately. If the employee is
suspended, transportation from the workplace to the employee's home will be provided to
the employee. If the employee refuses transportation and insists on driving, law
enforcement officials will be notified.
103.6 An employee requesting delay(s) in an alcohol test, or failing to appear for the test
will be considered to have refused to consent to a test and become subject to the
provisions of paragraph 103.5 above.
103.7 Nothing in this policy will prevent appropriate officials from requiring testing for
the use of illegal drugs in accordance with the Forsyth County Applicant and Employee
Drug Testing Policy.
Section 104 The Test
104.1 An evidential breath-testing (EBT) device will be used to determine the presence
of alcohol in the employees system. A urine or blood alcohol test may be substituted
when needed. The results will be forwarded to the Human Resources Department.
104.2 If a test is positive (.02 or more), the employee and the employee's department
head will be notified in writing by the Human Resources Director of the test result.
Section 105 Consequences of a Positive Alcohol Test Result
105.1 Except as otherwise provided in section 109 of this policy, an employee who has a
positive alcohol test result will be referred to the Employee Assistance Program by their
supervisor or department head. Continued employment will be contingent upon the
employee's full cooperation with the appropriate alcohol treatment personnel and upon
successful completion of the treatment program as determined by the Employee
Assistance Program Personnel.
105.2 An employee who voluntarily, without reasonable suspicion of a supervisor,
identifies him/herself as an alcohol abuser to their supervisor is subject to the same
provisions as outlined in section 106.
105.3 An employee receiving assistance under the Employee Assistance Program, will
be required to utilize accrued sick leave, annual leave, compensatory leave, or leave
without pay for all time away from work. 4
Section 106 Mandatory Employee Assistance Program (EAP)
106.1 Employees referred to the EAP for participation in an alcohol rehabilitation
program, who fail to enter or successfully complete the program, will be recommended
for dismissal.
106.2 Disciplinary action is not automatically suspended by an employee's participation
in the EAP. Disciplinary action may be taken against an employee for performance issues
or inappropriate conduct.
106.3 Employees who have successfully completed an alcohol rehabilitation program
will be subject to unannounced tests for two years after documented completion of the
program. A subsequent positive test result will be grounds for immediate dismissal.
106.4 Nothing in this section is intended to alter the confidential nature of the EAP for
employees who voluntarily identify themselves as alcohol abusers and individually
request assistance from EAP staff.
Section 107 Use of Results in Criminal Action
No test results of the County's alcohol testing program may be used as evidence in a
criminal action against the employee except by order of a court of competent jurisdiction.
Section 108 Notification of Loss of License
All employees who drive a County vehicle must notify their supervisor when their
driving privileges are suspended. An employee who drives a County vehicle without a
valid N.C. drivers license will be recommended for termination.
Section 109 Notification of Conviction
As a condition for continued employment, each County employee shall notify their
supervisor of his/her conviction of any alcohol related offense no later than five (5) days
after such conviction. The employee will be prohibited from operating a County motor
vehicle until such time as he/she has in their possession a valid, unrestricted N.C. drivers
license. Loss of a license could result in termination.
Section 110 Additional Standards
Notwithstanding the County's interest in providing assistance to employees with alcohol
related problems, employees are not absolved from responsibility for their conduct.
There may be circumstances where the misconduct of an employee under the influence of
alcohol is so detrimental that it is in the best interest of the County that his/her
employment be terminated. The County Manager and other appointing authorities retain 5 their responsibility and authority with respect to disciplinary action up to and including
dismissal.
Section 111 Communication and Training
Information about the policy is in the employee handbook and will be discussed in the
new employee orientation sessions.
Section 112 Requirements for Employees with Commercial Drivers License
112.1 Overview: Employees who are required to have a Commercial Drivers License
(CDL) to drive a vehicle over 26,001 pounds or that is designed to carry 16 or more
passengers must comply with The Omnibus Transportation Employee Testing Act of
1991 and successors, the purpose of which is to help prevent accidents and injuries
resulting from the misuse of alcohol and controlled substances by drivers of commercial
motor vehicles. (Also see Forsyth County Applicant and Employee Drug Testing
Policy.) Employees are prohibited from using alcohol within four hours of any activity
requiring a CDL.
112.2 Random Alcohol Testing: Employees are subject to random testing throughout
the year as directed by the Department of Transportation. These tests will be performed
just prior to, during or immediately after performing the activity that requires the CDL.
An employee who is notified about a random test must proceed immediately to the testing
site.
112.3 Reasonable Suspicion Testing: See section 101.2 for details.
112.4 Post-accident Testing: Employees are required to be tested for alcohol if they are
driving a County vehicle that requires a CDL and have an accident in which one or more
of the following occurs: (1) the accident involves a fatality; (2) the employee is cited for a
moving violation and one of the vehicles had to be towed: or (3) the employee is cited for
a moving violation and at least one person required treatment away from the scene of the
accident. The employee is required to remain available for testing and to refrain from
any intake of alcohol for 8 hours or until the test has occurred. The test should be
administered whenever possible within 2 hours but not to exceed 8 hours. An employee
who does not remain available for testing will be treated as someone who has refused a
test. (See 112.7)
112.5 Follow-up Testing: An employee who fails an alcohol test (.02 or greater) must
attend the Employee Assistance Program (See section 106). The substance abuse
professional will determine what if any rehabilitation is necessary. A person who
achieves negative test results may be allowed to continue to work while being
rehabilitated. The substance abuse professional will determine whether or not the
employee is complying with recommended treatment and the need for follow-up testing.
The minimum amount will be six tests in the first year after a positive test. The
maximum duration of follow-up tests will be two years. 6
112.6 Consequences of a Positive Alcohol Test Result: The consequences will be the
same as those in section 105 of this policy.
112.7 Consequences of Refusing an Alcohol Test: For reasonable suspicion testing the
consequences will be the same as 103.5 in this policy. For random testing, post-accident
(which includes remaining available for the test) and follow-up testing, the employee
who refuses to be tested can no longer perform all the functions of their job and therefore
must be recommended for dismissal. If they do any work for the County while the hiring
authority is making their determination, their work must not include duties that require a
CDL or any duties that could endanger the employee or others.
112.8 Pre-employment: Before being hired, candidates will be required to sign a
release that permits previous employers for the time period directed by the Department of
Transportation to disclose the results of previous alcohol tests, rehabilitation and any
refusals to be tested.