Item F46
Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 21,2000
Division: Manaoement Services
Bulk Item: Yes i:8l No 0
Department: Administrative Services
AGENDA ITEM WORDING: Aporoval of the uodated Monroe County Druo-Free
Workolace Policy and Work Rules to comoly with revisions made bY the State
Legislature effective March. 2000.
ITEM BACKGROUND: Policy was aooroved by the BOCC in December 1995 and
amended in January 2000. State legislature revised the positive level for alcohol
confirmed test: chanae in oositive confirmation in ooiates to eliminate a number of
medications that cause a false positive: change in way laboratories can report results to
include adulterated and/or tamoered soecimens: and to include future chanoes by the
State Legislature into our policy automatically.
PREVIOUS RELEVANT BOCC ACTION: BOCC aooroved Drug-Free Workplace oolicy
in December 1995 and aoproved additional changes in January 2000. We receive a
credit with the Florida epartment of labor and Emoloyment Security in our self-insurance
assessment of $135,000 for having this oolicy in olace.
STAFF RECOMMENDATION: Aporoval
TOTAL COST: None
COST TO COUNTY: None
REVENUE PRODUCING: Yes 0 No 0
BUDGETED: Yes i:8l No 0
AMOUNT PER MONTH
YEAR
APPROVED BY: COUNTY ATTY i:8l OMB/PURCHASING i:8l RISK MANAGEMENT
~VISI;N DIRECTOR APPROVA,i;- J ~~{ (2~
::::J James L. Roberts
DOCUMENTATION: INCLUDED: [gJ TO FOLLOW: 0 NOT REQUIRED: 0
.....,SPOSIT'~IU. ^ ,.....E~'D ^ 'TC~~ -U. I f' I ~
UI I IUI~. r\\,;J I~ r\ I I I-OV. TT, ., ..... SI
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MONROE COUNTY
DRUG-FREE WORKPLACE
POLICY AND WORK RULES
November 21. 2000
INDEX
SECTION
PAGE
A. Policy Statement......................................................................... .... 2
B. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
C. Rules on Drugs and Alcohol .............................................................. 5
D. Testing Pursuant to the
Drug-Free Workplace Policy.............. ............... ......... ............. ...... ..... 12
E. Drug and Alcohol Testing of Drivers and
Owner-Operators............. .... ...... ............ ................................... .... 19
APPENDIX 1
Over-the-Counter and Prescription Drugs Which
Could Alter or Affect the Outcome of a Drug Test................................... 19
APPENDIX 2
Form for Reporting Use of Medication.................................... .. .............. 21
APPENDIX 3
List of Drugs by Trade or Common Name ........................ ............. ........ 22
APPENDIX 4
Form for Reasonable Suspicion Testing
24
APPENDIX 5
Notice (form) to Insurer of Denial of Worker's Compensation Benefits.......... 25
APPENDIX 6
Form for Ordering a Drug Test............ ......................... ... ..................... 26
APPENDIX 7
Summary of Drug Free Workplace Policy..... ....... ............. ............. ........ 27
1
A. POLICY STATEMENT
Monroe County (the "County") is committed to providing a safe work environment for
our employees, our guests, our community and the public. The abuse of alcohol and drugs is a
national problem which impairs the safety and health of employees, promotes crime and harms
our community. In order to maintain the highest standards of morale, productivity and safety
in our operations, we are instituting a drug and alcohol free workplace policy. With the
cooperation and assistance of our employees, we will implement a program designed to
provide a safe workplace environment free from drugs and alcohol use andlor abuse.
We recognize that alcohol and drug dependency require medical supervision and
treatment if there is to be successful rehabilitation. Our desire and intent is to encourage any
employee with alcohol or drug dependency to voluntarily enter a drug or alcohol rehabilitation
program. It is the responsibility of each employee to initiate and obtain assistance before any
difficulties with drugs or alcohol affect his or her work. Accordingly:
EMPLOYEES OF MONROE COUNTY ARE
HEREBY NOTIFIED THAT IT IS A CONDITION OF
EMPLOYMENT FOR EACH EMPLOYEE TO
REFRAIN FROM REPORTING TO WORK OR
WORKING WITH THE PRESENCE OF DRUGS OR
ALCOHOL IN HIS OR HER BODY. IF AN INJURED
EMPLOYEE REFUSES TO SUBMIT TO A TEST
FOR DRUGS OR ALCOHOL, PURSUANT TO
STATE LAW THE EMPLOYEE MAY FORFEIT
ELIGmILITY FOR MEDICAL AND INDEMNITY
BEl'~FITS.
Our Policy complies with the Florida Drug-Free Workplace Program, as provided in
Section 440.10 1, et seq, Florida Statutes ,as amended.. This Drug Free Workplace Policy and
Work Rules requires all employees to be free from the influence of drugs and alcohol while
working or while on County property. The use, possession, sale, distribution, or manufacture
of any drugs, and/or the unauthorized possession and/or use of alcohol, while working or
while on County property is prohibited.
All "job applicants" will be tested for drugs prior to beginning work. All employees
will be subject to drug and alcohol testing upon reasonable suspicion, after an accident or
injury, and as part of a routine fitness for duty (physical) examination.
2
All employees are encouraged to be aware of the effects of and to advise their
supervisor when taking prescription medication which may affect their performance at work.
To ensure a workplace free from the influence of illegal drugs and alcohol abuse, the
following Policy has been established. The Policy applies to all employees, supervisors and
managers. Any violation of the Policy will result in discipline, up to and including termination
of employment.
B. DEFINITIONS
1.0 Alcohol: "Alcohol" means ethyl alcohol (ethanol) and includes distilled spirits, wine,
malt beverages and intoxicating liquors. For purposes of this policy, alcohol is considered to
be a drug. Thus, any reference to drugs andlor drug testing includes alcohol andlor alcohol
testing.
2.0 Drugs: "Drugs" means alcohol, an amphetamine; a cannabinoid; cocaine,
phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a barbiturate; benzodiazepines;
a synthetic narcotic; a designer drug; or a metabolite of any of the substances listed in this
policy.
3.0 Job Applicant: "Job applicant" means a person who has applied for a position with the
County and has been offered employment conditioned upon successfully passing a
preemployment drug test.
4.0 Employee: "Employee" means an individual who works for the County on a full-time
or part-time basis and receives salary, wages, or compensation.
5.0 Drug Test:
5.1 "Drug test" means any chemical, biological or physical instrumental analysis
administered by a laboratory certified by the United States Department of Health and Human
Services (HHS) or licensed by the Agency for Health Care Administration (AHCA) for the
purpose of determining the presence of a drug or its metabolites, including alcohol.
5.2. Drug testing may require the collection of blood, urine, breath, saliva, or hair
(if approved by the FDA) of an employee or job applicant. The County has the right to use
more accurate, scientifically accepted methods which may be approved in the future by the
United States Food and Drug Administration (FDA) or the AHCA as such technology becomes
available in a cost effective form.
3
5.3 "Initial Drug Test" means a sensitive, rapid, and reliable screening procedure of
the blood or urine of employees and job applicants for the presence of alcohol and drugs in
accordance with the Florida Drug-Free Workplace Program and appropriate Florida
Administrative Rules.
5.4 "Confirmation Test" means a second test of all specimens identified as positive
on an initial test in accordance with the Florida Drug-Free Workplace Program and appropriate
Florida Administrative Rules.
5.5 Drug Testing Methodology: Specimens for drug testing will be collected,
handled, maintained and tested in accordance with the Florida Drug-Free Workplace Program.
Urine will be used for the initial and confirmation tests for all drugs except alcohol. Blood
will be used for the initial and confirmation tests for alcohol.
6.0 Positive Confirmed Test or Confirmation Test: "Positive confrrmed test" or
"confirmation test" means a second analytical procedure which confirms a positive result from
an initial drug test in accordance with the Florida Drug-Free Workplace Program.
7.0 Medical Review Officer: "Medical Review Officer" (MRO) means a licensed physician
who has knowledge of substance abuse disorders, laboratory testing procedures and chain of
custody collection procedures, who is responsible for receiving and reviewing all positive
confirmed test results, and who is responsible for contacting all individuals who tested positive
in a confrrmation test to inquire about possible medications which could have caused a positive
result in accordance with Rule 38F-9.014, Florida Administrative Code.
8.0 Prescription Or Non-Prescription Medication: "Prescription or non-prescription
medication" means a drug or medication obtained pursuant to a prescription as defined by
Section 893.02, Florida Statutes, or a medication that is authorized pursuant to federal or state
law for general distribution and use without a prescription in the treatment of human diseases,
ailments, or injuries.
9.0 Reasonable Suspicion Drug Testing: "Reasonable suspicion drug testing" means drug
testing based on a belief that an employee is using or has used drugs or alcohol in violation of
this Policy drawn from specific objective and articulable facts and reasonable inferences drawn
from those facts in light of experience. Among other things, such facts and inferences may be
based upon:
(a) Observable phenomena while at work, such as direct observation of drug use or
of the physical symptoms or manifestations or being under the influence of a
drug or alcohol;
4
(b) Abnormal conduct or erratic behavior while at work or a significant
deterioration of work performance;
(c) A report of drug or alcohol use, provided by a reliable and credible source;
(d) Evidence that an individual has tampered with a drug test during his
employment with the County;
(e) Information that an employee has caused, contributed to, or been involved in an
accident while at work; or
(t) Evidence that an employee has used, possessed, sold, solicited, or transferred
drugs or alcohol while working or while on the County I s premises or while
operating a vehicle, machinery, or equipment of the County.
10.0 Safety-Sensitive Position: "Safety-sensitive position" means a position in which a drug
or alcohol impairment constitutes an immediate and direct threat to public health or safety,
such as a position that requires the employee to carry a firearm, perform life-threatening
procedures, work with confidential information or documents pertaining to criminal
investigations, or work with controlled substances; a position subject to Section 110.1127,
Florida Statutes (1993); or a position in which a momentary lapse in attention could result in
injury or death to another person.
11.0 Special-Risk Position: "Special-risk position" means a position that is required to be
filled by a person who is certified under Sections 633 or 943, Florida Statutes (1993), as
amended.
12.0 Specimen: "Specimen" means a tissue or product of the human body including blood,
urine, saliva, and hair that is capable of revealing the presence of alcohol andlor drugs or their
metabolites as approved the FDA or the AHCA.
C. RULES ON DRUGS AND ALCOHOL
EMPLOYEES OF MONROE COUNTY ARE
HEREBY NOTIFIED THAT IT IS A CONDITION OF
EMPLOYMENT FOR EACH EMPLOYEE TO
REFRAIN FROM REPORTING TO WORK OR
WORKING WITH THE PRESENCE OF DRUGS OR
ALCOHOL IN HIS OR HER BODY. IF AN INJURED
1?MPLO~1? REFUS1?.s TO SUBMIT TO A TEST
5
FOR DRUGS OR ALCOHOL, PURSUANT TO
STATE LAW THE EMPLOYEE MAY FORFEIT
ELIGIBILITY FOR MEDICAL AND INDEMNITY
BENEFITS.
It is not the intent of the County to intrude into the private lives of its employees.
However, the effect of drug and alcohol use, abuse andlor dependency on safety, work quality,
increased medical expenses and lost productivity requires that this Policy be implemented.
Any employee who violates any of these rules will be subject to termination of employment.
The following rules apply under the County I s Policy.
1.0 Pre-Employment Conditions
1.1 The following pre-employment conditions are established to determine the
suitability of employees to work for the County.
1.2 All job applicants must submit to a drug and/or alcohol test prior to starting
employment in that position. Any job offer which a job applicant may receive
from the County is contingent upon the applicant's successfully completing the
drug andlor alcohol test.
1.3 Any job applicant who refuses to submit to drug and alcohol testing as part of
the pre-employment testing process will be refused employment. Any job
applicant who tests positive for drugs or alcohol will be refused employment at
that time. Confidentiality will be maintained pursuant to this Policy
1.4 The County will not discriminate against an applicant for employment because
of the applicant's past addiction to drugs or alcohol. It is the current use/abuse
of drugs or alcohol that will not be tolerated.
2.0 Conditions of Continuing Employment
2.1 The County will provide each employee with a copy of the County's Drug Free
Workplace Policy and Work Rules. It is a condition of continuing employment for each
employee to abide by the Policy and Work Rules. The rules contained in the Policy are to be
considered conditions of continuing employment and are to be consistently followed. Any
violation of these conditions of continuing employment will result in termination.
3.0 Prohibition of Possession, etc.
3.1 The unlawful manufacture, distribution, dispensation, possession, sale or use of
any drug or unprescribed, controlled substances and/or the unauthorized possession or usage of
alcohol by employees while working or when on any County property are strictly prohibited.
6
4.0 Prohibition of Drug or Alcohol Use
4.1 All employees are prohibited from being at work or on County property with the
presence of any drug or its metabolite, as set forth herein, in the employee's body. Any
employee who has a confirmed positive test of a drug or its metabolite at the levels defined
herein will be presumed to be under the influence of the drug and in violation of County
Policy.
4.2 All employees are prohibited from being at work or on County property with the
presence of alcohol, as set forth herein, in the employee I s body. Any employee who has a
confirmed positive test of alcohol at the levels defined herein will be presumed to be under the
influence of alcohol and in violation of County Policy and Rules.
5.0 Requirement to Report Medication Use
5. 1 The County does not prohibit the use of a drug (prescribed medication)
provided:
(a) The drug is prescribed or authorized for an employee by a
medical doctor; and
(b) The use of the drug at the prescribed or authorized level is
consistent with the safe performance of the employee's duties;
and
(c) The drug is used at the dosage prescribed or authorized.
5.2 Employees are encouraged to notify their immediate supervisor when
reporting for work or during the course of a work shift if the use of any prescription or non-
prescription medication may adversely affect his or her ability to satisfactorily and safely
perform his normal job duties (~, including but not limited to drowsiness). A form for
reporting the use of prescription or non-prescription medication is attached. Additional forms
are available from the Human Resources Department. Employees in safety sensitive or special
risk positions are required to provide their supervisor with such information.
6.0 Employee Drug and Alcohol Testing
6.1 Employees will be required to submit to drug and/or alcohol testing upon
reasonable suspicion as defined in this policy, during a routine fitness for duty (physical)
examination. and after an on-the-job accident, or injury or any off-the-job accident and/or
7
injury which involves or occurs on County property. This would exclude employees who are
on County property such as parks and beaches during non-working hours for purely
recreational purposes.
6.2 An employee who tests positive on a confirmation test will be subject to
termination.
6.3 Confidentiality will be maintained at all times except to the extent
necessary to comply with these policies and to the extent permitted by law.
7.0 Employee Drug or Alcohol Related Criminal Charges or Arrests
7.1 Employees are required to notify the Human Resources Department of
any criminal drug statute related criminal charge or arrest no later than five days after such
charge has been filed. Employees in positions which require driving a County vehicle on
County business must notify the Human Resources Department of any alcohol or drug related
(~, including but not limited to Driving while Under the Influence) arrest on the next
workday.
7.2 The County will take appropriate action with respect to an employee who
is so charged, which action may include transfer to a non-safety sensitive or special risk
position in alcohol related cases or discipline in cases related to illegal drugs.
7.3 Employees are required to notify the Human Resources Department of
any final action regarding all criminal drug statute or alcohol related criminal charges no later
than five days after said final action. Final action includes but is not necessariliy limited to,
notification of a conviction, a plea of guilty, and adjudication of guilty, a plea of nolo
contendere, and adjudication withheld, and acquittal or a dismissal of the charges.
7.4 The County will take appropriate disciplinary action against such
employee within thirty days of receiving notice of the outcome or any change in the status of
such criminal drug statute or alcohol related charges.
8.0 Rehabilitation Procedures
8.1 An employee who is experiencing problems as a result of drug and/or
alcohol abuse should contact the Director of Human Resources for referral for treatment and/or
counseling. This discussion will be kept confidential. Such employee will be subject to testing
to verify recovery from substance abuse pursuant to the Policy requirements and failure to take
or pass a drug and/or alcohol test will result in termination of employment. Where an
employee voluntarily enters a treatment program before disciplinary action is initiated, the
County, in its sole discretion, may elect to waive follow-up drug testing. If follow-up drug
testing is required it must be conducted at least once a year for a two-year period after
completion of the program. Advance notice of a follow-up testing date to the employee to be
tested is strictly prohibited.
8
8.2 An employee in a safety-sensitive position who enters a substance abuse
rehabilitation program will be assigned to a position other than a safety-sensitive position, or,
if such a position is not available, will be placed on leave while the employee is participating in
the program. The employee shall be permitted to use any accumulated leave credits before
leave will be ordered without pay.
8.3 An employee in a special-risk position is subject to discharge for the first
positive confirmed test result if the drug confirmed is an illicit drug under section 893.03,
Florida Statutes (1993). A special-risk employee who is participating in a substance abuse
program will not be allowed to continue to work in a safety-sensitive or special-risk position,
but will be assigned to a position other than a safety-sensitive position or placed on leave while
the employee is participating in the program. The employee shall be permitted to use any
accumulated annual leave credits before leave will be ordered without pay.
8.4 This section applies to employees referenced in Sections 8.2 and 8.3
(above) and who are permitted to enter into a substance abuse rehabilitation program. The
County will attempt to hold the employee's job open for so long as is possible. When the
employee sucessfully completes said program, the County will attempt to return them to their
former position. It is recognized that it may not be feasible to return the employee to their
former position (e.g., if the job involves driving). If the employee is not returned to their
former job, the County will utilize its best efforts to place the employee in another similar
available position.
9.0 Employee Education and Referral Program
9.1 It is the responsibility of each employee to seek assistance before drugs
and alcohol use or abuse leads to disciplinary problems. Employees who may require
assistance for substance dependency and related programs are encouraged to seek assistance
and information from the Human Resources Department.
9.2 Once a violation of this Policy occurs, subsequent use of a counselling or
rehabilitation program on a voluntary basis will not affect the imposition of appropriate
disciplinary action.
9.3 An employee's decision to seek assistance or referral from the Human
Resources Director prior to any incident warranting disciplinary action will not be used as the
basis for disciplinary action or in any disciplinary proceeding.
9.4 The County has no interest in restricting social drinking outside of
working hours (working hours does include an employee's lunch and break periods) and no
intent to intrude upon private or personal lives of employees. The County is concerned only
when the employee's health, job performance and safety conditions are adversely affected.
9.5 Upon successful completion of a drug treatment program an employee
may be released to resume work but, except as provided in section 8.0 above, will be subject
9
to drug testing on a random, periodic basis, at least quarterly, for at least two years thereafter
as a condition of continued employment.
9.6 An individual's participation in an alcohol or drug treatment
program will not be made part of any personnel records and will remain confidential except to
the extent necessary to comply with this Policy and to the extent permitted by law. Medical
and insurance records, if any, will be preserved in the same confidential manner as all other
medical records. Program participation records will be maintained by the Director of Human
Resources.
10.0 Employee Education Information
10.1 The following "crisis information centers" will provide information
regarding employee assistance programs and local alcohol and drug rehabilitation programs
available to employees:
Monroe County
Help Crisis Line, Inc.
Telephone: (305) 296-4357
1 (800) 228-5463
Employee Assistance Program Care Center.
1205 Fourth Street
Key West, Florida 33040
Telephone: (305) 292-6843
Lower Florida Keys Health Systems (Chemical Dependency Unit).
1200 Kennedy Drive
Telephone: (305) 292-5531
Dade County
Switchboard of Miami
Telephone: (305) 358-4357
Broward County
Crisis Information Line
Telephone: (305) 467-6333
Collier County
Project Help
Naples, Florida
Telephone: (813) 262-7227
10.2 Other available resources include:
10
1-800-356-9996 AI-Anon
1-800-527-5344 American Council of Alcoholism Helpline
1-800-COCAINE COCAINE HOTLINE
1-800-NCA-CALL National Council on Alcoholism
1-800-662-HELP National Institute on Drug Abuse Hotline
1-800-843-4971 National Institute on Drug Abuse Hotline
10.3 Employees may obtain further information regarding available drug and
alcohol assistance and rehabilitation programs by contacting the Human Resources
Department.
11.0 Management I s Responsibilities'
11.1 County Officers, Managers, and Supervisors (hereafter collectively
referred to as "supervisors") are responsible for implementing the drug and alcohol free
workplace Policy. It is the responsibility of supervisors to observe the behavior of employees
on the job as a precaution against unstable or unreliable behavior which could threaten the
safety and well-being of employees or the public.
11.2 Supervisors are responsible for maintaining a safe work environment by
determining each employee's fitness for duty.
11.3 In the event a supervisor has a reasonable suspicion (as defined in this
policy) that an employee may be affected by drugs or alcohol or has otherwise violated this
Policy, the employee will be sent for drug testing. A form for reporting the reason(s) for drug
testing is attached and should be completed as soon as practicable following the incident or
observations giving rise to such reasonable suspicion.
11.4 In all cases when an employee is being removed from duty for drug
testing, the supervisor should notify his superior at the earliest possible time.
12.0 Emplovees I Responsibilities
12.1 It is each employee's responsibility to be fit for duty when reporting for
work and to inform his or her supervisor if he or she is under the influence of prescription
medication which may affect job performance or safety.
12.2 In the event an employee observes behavior which raises a doubt as to
the ability-,.of a co-worker to work in a safe and reliable manner. the employee should report
this behavior to his/her supervisor.
12.3 Employees who voluntarily, enter a drug or alcohol treatment and/or
rehabilitation program must participate and complete recommended treatment. Any employee
who enters a drug or alcohol treatment andlor rehabilitation program will be responsible for
11
payment for the treatment and/or program to the extent not covered by medical insurance
provided by the County. If the employee fails to comply with the treatment and/or the
program, the employee will be subject to termination.
13.0 Employee Education
13.1 Employees and Supervisors will be required to participate in a drug-free
awareness program on an annual basis. The program will inform employees about the
following:
(a) The legal, social, physical and emotional consequences of the
use, misuse and/or abuse of alcohol or drugs;
(b) The County's commitment to maintain a drug-free workplace;
(c) Available drug counselling, rehabilitation and employee
assistance programs;
(d) Assistance in identifying personal and emotional problems
which may result in the misuse of alcohol or drugs.
(e) The penalties which may be imposed by the County on
employees for drug abuse violations occurring in the workplace.
14.0 Rights Under Collective Bargainin~ Agreements: Employees who are covered
under any collective bargaining agreement between the County and any certified labor
organization will have the right to file a grievance regarding discipline imposed by the County
as a result of a violation of this policy if said grievance is permitted to be filed pursuant to the
collective bargaining agreement.
D. TESTING PURSUANT TO THE
DRUG-FREE WORKPLACE POLICY
1.0 Types of Testing: In order to maintain a drug and alcohol free work environment
and in accordance with Florida's Drug-Free Workplace Program, Section 440.101, et seq
(1993), as amended, and applicable administrative regulations, the County will test for the
presence of drgus and/or alcohol in the following circumstances:
1.1 Pre-Employment: All job applicants who have been offered a position of
employment must submit to a drug and/or alcohol test before beginning employment or work
for the County. In the event that an employee is permitted to begin working prior to receipt of
12
the results of drug or alcohol testing such employment shall be contingent upon passing the
drug or alcohol test.
1.2 Reasonable Suspicion: Employees who are determined to be under
reasonable suspicion of drug or alcohol use (as defmed in this policy), will be required to
submit to a drug and/or alcohol test.
1.3 Fitness-For-Duty: All employees who are subject to a routine fitness for
duty medical examinations must take a drug andlor alcohol test as part of their medical
examination.
1.4 Follow-up: All employees who have entered an employee assistance
program or rehabilitation program for drug and/or alcohol abuse must take drug andlor alcohol
tests on a quarterly, semi-annual or annual basis for two years after return to work. This
requirement may be waived in the sole discretion of the County in cases where an employee
voluntarily enters a drug treattnent program before disciplinary action has been taken.
1.5 Post Accident or Injury: All employees who are involved in an accident
or injury to an employee occurring while at work which was caused, contributed to or involved
an employee must take a drug and/or alcohol test after administration of emergency medical
treatment. If it cannot be determined who was driving the County vehicle at the time of the
accident, then anyone who was driving the vehicle during the applicable time period will be
required to submit to testing.
1.6 Random Testing for Safety-Sensitive or Special-Risk Employees: Safety-
sensitive and special-risk employees are subject to random testing as determined by the
County. Random testing shall be conducted via an unbiased selection procedure, and in
accordance with drug-testing rules adopted by the Agency for Health Care Administration and
the Departtnent of Labor and Employment Security. Random testing shall be subject to
collective bargaining, and shall not be conducted for employees covered by such agreements
unless expressly included in the agreement.
2.0 Consequences of Refusing a Drug Test
2.1 An employee who refuses to submit to a drug test will be subject to
termination. An employee who refuses to submit to a drug test following an occupational
injury which requires medical treatment forfeits his eligibility for all workers I compensation
medical and indemnity benefits in accordance with Florida law.
2.2 A job applicant who refuses to submit to a drug test will not be hired.
3.0 Actions Following Positive Confirmed Test: The County will terminate any
employee who has a positive, confirmed drug test.
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4.0 Reporting of Use of Medication: Employees and job applicants may confidentially
report the use of prescription or non-prescription medication both before and after having a
drug test. A form for reporting medication use is attached.
5.0 Notice of Common Medications: A list of the most common medications by brand
name or common name, as applicable, as well as by chemical name, which may alter or affect
a drug test, is attached. Employees and job applicants should review this list prior to
submitting to a drug test.
i~ ,0 Medication Information: An employee or job applicant may consult with the
County's MRO or the testing laboratory for technical information regarding prescription and
'CJ:1- prescription medication.
7.0 Drugs To Be Tested
7.1 Drug testing may be required for any or all of the following drugs:
1. Alcohol, including distilled spirits, wine, malt beverages and
intoxicating liquors;
2. Amphetamines;
3. Cannabinoids;
4. Cocaine;
5. Phencyclidine (PCP);
6. Hallucinogens;
7. Methaqualone;
8. Opiates;
9. Barbiturates;
10. Benzodiazepines;
11. Synthetic narcotics (Methadone and
Propoxyphene) ;
12. Designer drugs;
13. A metabolite of any of the substances listed herein.
A list of drugs by brand names or common names is attached.
The cut -off levels for reporting positive results for both initial and confirmation
drug tests are set forth below.
7.2 Drug Cut-Off Levels - Initial Drug Test: All levels equal to or
exceeding the following shall be reported as positive:
14
Alcohol
Levels as indicated by current Florida State
Statutes
Amphetamines
Cannnabinoids (Marijuana)
Cocaine
Phencyclidine
Methaqualone
Opiates
Barbiturates
Benzodiazepines
Synthetic Narcotics:
Methadone
Propoxyphene
1,000 ng/ml
100 ng/ml
300 ng/ml
25 ng/ml
300 ng/ml
2,000 ng/ml
300 ng/ml
300 ng/ml
300 ng/ml
300 ng/ml
7.3 Drug Cut-Off Levels - Confirmation Drug Test: All levels equal to or
exceeding the following shall be reported as positive:
Alcoho I
Levels as indicated by current Florida State
Statutes
Amphetamines
Cannabinoids (Marijuana)
Cocaine
Phencyclidine
Methaqualone
Opiates
Barbiturates
Benzodiazepines
Synthetic Narcotics:
Methadone
Propoxyphene
500 ng/ml
15 ng/ml
150 ng/ml
25 ng/ml
150 ng/ml
2,000 ng/ml
150 ng/ml
150 ng/ml
150 ng/ml
150 ng/ml
8.0 Reasonable Suspicion Drug Testing
8.1 Employees will be required to submit to drug and/or alcohol testing
when a supervisor has "reasonable suspicion," as defined in this policy, to believe that an
employee is using or has used drugs or alcohol in violation of this Policy. The supervisor will
document the circumstances which formed his or her determination of "reasonable suspicion"
in writing as soon as is practicable. While this should be done on the same day or the next
working day, it must be done within three working days from the date of the determination. A
form for the use of a supervisor to specify the reason(s) for the test is attached. A copy of this
documentation will be given to the employee upon request within seven days from the date of
the supervisor's determination of "reasonable suspicion."
15
9.0 Confidentiality and Records Maintenance
9. 1 Confidentiality of records concerning drug testing pursuant to the Drug-
Free Workplace Policy will be maintained in accordance with Florida law. All information,
records, drug test results in the possession of the County, laboratories, employee assistance
programs and drug and alcohol rehabilitation programs will be kept confidential. No such
information or records will be released unless written consent, signed by an employee or job
applicant, is provided or unless disclosure of such information or records is compelled by court
order. The County may also disclose such information when relevant in any civil, disciplinary
or administrative hearing. The County will maintain records concerning drug testing separate
and apart from a job applicant or employee's personnel file.
9.2
proceeding.
Information on drug testing results will not be released in any criminal
10.0 Challenge of Test Results of Drug Test Under Florida Law
10.1 An employee or a job applicant who receives a positive confirmed test
result may submit information to the MRO contesting or explaining the results in writing
within five (5) working days of receipt of notification of a positive confirmed test result.
10.2 If the explanation or challenge of the employee or job applicant IS
unsatisfactory to the MRO, the MRO shall report a positive result back to the County.
10.3 Within five (5) working days after receiving notice of a pOSItive
confirmed test result from the MRO, the County shall inform the employee or job applicant in
writing of the positive test result, the consequences of such results, and the options available to
the employee or job applicant. Upon request, the County shall provide a copy of the test result
to the employee or job applicant.
10.4 Within five (5) working days after receIvmg notice of a positive
confirmed test result from the County, the employee or job applicant may submit information
to the County explaining or contesting the test result, and explaining why the result does not
constitute a violation of the County's policy.
10.5 If the explanation or challenge of the employee or job applicant is
unsatisfactory to the County, the County shall provide a written explanation (within fifteen (15)
days of receipt) as to why the employee or job applicant's explanation is unsatisfactory, along
with a copy of the report of positive confirmed test results. All such documentation will be
kept confidential except as provided in Section 9, above and will be retained by the County for
at least one (1) year.
10.6 An employee may further challenge the results of the test in a court of
competent jurisdiction or, if the drug test was administered due to a workplace injury, by filing
16
a claim for benefits with a Judge of Compensation Claims, pursuant to Chapter 440, Florida
Statutes.
10.7 If an employee or job applicant contests the drug test results, he or she
will be solely responsible for notifying the laboratory and the County in writing by certified
mail and provide a copy of the written notice, by certified mail, to the County. The notice
must include reference to the chain of custody specimen identification number.
10.8 An employee or a job applicant who receives a positive, confirmed test
result may, at the employee's or job applicant's expense, obtain a retest of a portion of the
original specimen at another licensed and approved laboratory selected by the employee or job
applicant, within one hundred eighty (180) days of the notice of the positive test result.
11. 0 Medical Review Officer I s Responsibilities for Testing Under Florida Law
11.1 The Medical Review Officer (MRO) shall fully comply with all of the
requirements set forth in Rule 38F-9.014, Florida Administrative Code as it may from time to
time be amended. The MRO shall be a licensed physician, under contract with the County,
who has knowledge of substance abuse disorders, laboratory testing procedures, chain of
custody collection procedures, and medical use of prescription drugs and pharmacology and
toxicology of illicit drugs.
11.2 The MRO shall review and verify drug test results prior to the
transmittal of the test results, either positive or negative, to the County. The MRO shall
evaluate the drug test result(s), verify the chain of custody forms and ensure that the donor's
identification number on the laboratory report and the chain of custody form accurately iden-
tifies the individual.
11.3 If the test results reported are negative, the MRO shall notify the County
of the negative test result and submit the appropriate documentation to the ACHA.
11.4 If the test results reported are positive, the MRO shall notify the
employee or job applicant of a confirmed positive test result within three (3) days of receipt of
the test result from the laboratory and inquire as to whether prescriptive or over-the-counter
medications could have caused the positive test result. Within five (5) days after receiving
written notification of the positive test result, the employee or job applicant may contest or
explain the result to the MRO. If the employee or job applicant's explanation or challenge is
unsatisfactory to the MRO, the MRO will report a positive test result back to the County.
11.5 Upon contacting an employee or job applicant who has received a
positive test result, the MRO shall properly identify the donor, inform the donor that the MRO
is an agent of the County whose responsibility is to make a determination on test results and
report them to the County, and inform the donor that medical information revealed during the
MRO's inquiry will be kept confidential, unless the donor is in a safety sensitive position and
17
the MRO believes that such information is related to the safety of the donor or to the other
employees.
11.6 Additionally, the MRO shall outline the rights and procedures for a
retest of the original specimen for the donor and process any employee I s or job applicant IS
request for retest of the original specimen within one hundred eighty (180) days of notice of
the positive test result in another licensed laboratory selected by the employee or job applicant.
The employee or job applicant who requests the additional test shall be required to pay for the
cost of the retest, including handling and shipping expenses. The MRO shall contact the
original testing laboratory to initiate the retest.
11.7 Upon receipt of information andlor documentation from the employee or
job applicant, the MRO shall review any medical records provided, authorized andlor released
by the individual's physician, to determine if the positive test result was caused by a legally
prescribed medication. If the donor does not have prescribed medication, the MRO shall
inquire about over-the-counter medications which could have caused the positive test result.
The donor shall be responsible for providing all necessary documentation (i.e., a doctor's
report, signed prescription, etc.) within the five (5) day period after notification of the positive
test result.
11.8 If the MRO determines that there is a legitimate medical explanation for
the positive test result, the MRO shall report a negative test result to the County. However,
should the MRO feel that the legal use of the drug would endanger the individual or others,
then the MRO shall report that the test is negative due to a validated prescription and shall
request that the individual be placed in a position which would not threaten the safety of the
individual or others.
11.9 If the MRO has any question as to the accuracy or validity of a test result
or has a concern regarding the scientific reliability of the sample, the MRO may request the
individual to provide another sample. As a safeguard to employees and job applicants, once an
MRO verifies a positive test result, the MRO may change the verification of the result if the
donor presents information which documents that a serious illness, injury, or other
circumstances that unavoidably prevented the donor from contacting the MRO within the
specified time frame and if the donor presents information concerning a legitimate explanation
for the positive test result.
11.11 Laboratories can now report if a specimen has been tampered with. They
can identify the substance used to alter the specimen and can report such substance, in addition
to reporting a positive or negative result. An adulterated or tampered with specimen is
considered a refusal to test.
11.12 If the MRO is unable to contact a positive-tested donor within three (3)
days of receipt of the test results from the laboratory, the MRO shall contact the County and
request that the County direct the donor to contact the MRO as soon as possible. If the MRO
has not been contacted by the donor within two (2) days from the request of the County, the
MRO shall verify the report as positive.
18
11.13 If the donor refuses to talk with the MRO regarding a positive test result,
the MRO shall validate the result as a positive and annotate such refusal in the remarks section.
If the donor voluntarily admits to the use of the drug in question without a proper prescription,
the MRO shall advise the donor that a verified positive test result will be sent to the County.
11.14 The MRO shall notify the County in writing of the verified test result,
either negative, positive, or unsatisfactory and appropriately file chain of custody forms to the
County and submit the proper forms to the ACHA.
12.0 Collective Bargaining
12.1 In the event of any conflict between this policy and the terms of a
collective bargaining agreement, the terms of the Agreement will prevail.
12.2 In the event that mandatory changes to the policy need to be made based
on state law or regulation, said changes may be made as required. Permissive changes will be
made subject to impact bargaining.
E. DRUG AND ALCOHOL TESTING OF DRIVERS
AND OWNER-OPERATORS
In addition to the policies and procedures set forth above, some employees who are
connected with the operation of commercial motor vehicles are subject to drug and alcohol
testing as required by the Omnibus Transportation Employee Testing Act of 1991, 49 U.S.c.
App. ~~ 2714-2717 (1993), and pursuant to all applicable procedures and regulations
promulgated by the Department of Transportation and the Federal Highway Administration, as
well as any additional policy adopted by the County pursuant to those federal laws and
regulations. In cases where the requirements of both federal and state drug and alcohol laws
and regulations and/or the County's Drug-Free Workplace Policy may be applicable, the
requirements of federal drug and alcohol laws and regulations will control if a conflict arises
between federal law and regulations and the requirements of state law or the County's Drug-
Free Workplace Policy.
OVER-THE-COUNTER AND PRESCRIPTION DRUGS WHICH COULD ALTER OR
AFFECT THE OUTCOME OF A DRUG TEST
ALCOHOL
All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol
content. As an example, Vick's Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40
proof), Contac Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9%
(54 proof).
19
AMPHET AMINES
Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex
CANNABINOIDS
Marinol (DronabinoI, THC)
COCAINE
Cocaine HCI topical solution (Roxanne)
PHENCYCLIDINE
Not legal by prescription.
METHAQUALONE
Not legal by prescription.
OPIATES
Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with
Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC: Guiatuss AC,
Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M-S Contin and
Roxanol (morphine sulfate), Percodan, Vicodin, etc.
BARBITURATES
Phenobarbital, Tuinal, Amy tal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic,
Butisol, Mebaral, Butabarbital, Butabital, Phrenilin, Triad, etc.
BENZODIAZEPINES
Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium,
Verstran, Halcion, Paxipam, Restoril, Centrax.
METHADONE
Dolophine, Methadose
PROPOXYPHENE
Darvocet, Darvon N, Dolene, etc.
20
M 0 N ROE
C 0 U N T Y
FORM FOR REPORTING THE USE OF PRESCRIPTION OR NON-PRESCRIPTION
MEDICATION.
NAME:
SIGNATURE:
DATE:
PRESCRIPTION MEDICATION(S) :
NON-PRESCRIPTION MEDICATION(S) :
DO ANY OF THE ABOVE MENTIONED MEDICATIONS IMPAIR YOUR ABILITY TO
DRIVE? YES NO
OR
PERFORM ANY OTHER REQUIRED DUTIES?
YES
NO
IF THE ABOVE IS "YES" ON EITHER QUESTION, SUPERVISOR IS TO
CONTACT PERSONNEL FOR FUTHER INSTRUCTIONS.
RECEIVED BY:
NAME:
POSITION:
DATE:
CC: Personnel
21
LIST OF DRUGS BY TRADE OR COMMON NAMES
DRUGS
TRADE OR COMMON NAMES
Narcotics
Heroin
Hydromorphone
Meperidine (Pethidine)
Methadone
Other Narcotics
Dover's Powder, Paregoric, Parepectolin
Morphine, Pectoral Syrup
Tylenol with Codeine, Empirin Compound with
Codeine, Robitussin A-C
Diacetylmorphine, Horse, Smack
Dilaudid
Demerol, Mepergan
Dolophine, Methadone, Methadose
LAAM, Leritine, Numorphan, Percodan,
Tussionex, Fentanyl, Darvon, Talwin, Lomotil
Opium
Morphine
Codeine
Depressants
Methaqualone
Glutethimide
Other Depressants
Noctec, Somnos
Phenobarbital, Tuinal, Amy tal, Nembutal,
Seconal, Lotusate
Ativan, Azene, Clonopin, Dalmane, Diazepam,
Librium, Xanax, Serax, Tranxene, Valium,
Verstran, Halcion, Paxipam, Restoril
Quaalude
Doriden
Equanil, Miltown, Noludar, Placidyl, Valmid
Chloral Hydrate
Barbiturates
Benzodiazepines
Stimulants
Phenmetrazine
Methy Iphenidate
Other Stimulants
Coke, Flake, Snow, Crack
Biphetamine, Delcobese, Desoxyn, Dexedrine,
Mediatric
Preludin
Ritalin
Adipex, Bacarate, Cylert, Didrex, Ionamin,
Plegine, Pre-Sate, Sanorex, Tenuate, Tepanil,
V orani!
Cocaine
Amphetamines
22
Hallucinogens
LSD
Mescaline and Peyote
Amphetamine Variams
Acid, Microdot
Mesc, Buttons, Cactus
2,5-DMA, PMA, STP, MDA, MDMA, TMA,
DOM, DOB
PDP, Angel Dust, Hog
PCE, PCPy, TCP
Bufotenine, Ibogaine, DMT, DET, Psilocyin
Phencyclidine
Phencyclidine Analogs
Other Hallucinogens
Cannabis
Marijuana
Pot, Acapulco Gold, Grass, Reefer, Sinsemilla,
Thai Sticks
THC
Hash
Hash Oil
Tetrahydrocannabinol
Hashish
Hashish Oil
23
MEMORANDUM
TO:
Human Resources Department, Personnel Section
FROM:
DATE:
SUBJECT: Reasonable Suspicion Report
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
As per the Monroe County Drug Free Workplace Policy Section B-9.0(a), I
am hereby requesting that be tested for:
(employee name)
drugs and/or alcohol, as per the Reasonable Suspicion
provisions outlined below.
_____ 1. Observable phenomena while at work, such as direct observation
of drug use or of the physical symptoms or manifestations of being under
the influence of drugs or alcohol. (List signs of drug or alcohol use.)
_____ 2. Behavioral symptoms associated with drug use or intoxication
from either drugs or alcohol such as abonormal conduct, erractic
behavior, or a significant deterioration in work performance. (List
behavioral symptoms.)
3. Report of drug or alcohol use provided by a credible source.
(List evidence such as letters, reports, etc.)
4. Any evidence that an individual has tampered with a drug test
during his/her current employment. (List evidence.)
5. Any evidence that an employee has used, possessed, sold,
solicited, or transferred drugs while working or on County property
whether the employee is working or not, or while operating County
vehicles, machinery, or other equipment. (List evidence.)
_____ 6. Information that an employee has caused, contributed to, or
been involved in an accident while at work. (Explain:)
Date
Supervisor
Date
2nd supervisor in concurrence
24
COUNTY'S NOTIFICATION TO WORKERS' COMPENSATION CARRIER
OR SELF-INSURER,
RE: NOTICE OF DENIAL OF MEDICAL INDEMNITY BENEFITS BECAUSE
OF AN INJURED EMPLOYEE'S POSITIVE DRUG TEST.
A notification similar to this one should be sent to the County I s workers I
compensation carrier as soon as you receive written positive drug test
results and decide to deny medical and indemnity benefits.
Date:
Dear Worker's Compensation Carrier:
The employee listed below and who may have suffered an on-the-job injury on
[date of accident] has tested positive for drugs pursuant to our County's Drug-
Free Workplace Policy.
[Employee's name]
[Employee's social security no.]
The specimen/sample collected from the employee at the time of the accident was
tested twice by the laboratory. In addition, the test results were verified by the County's
Medical Review Officer in order to ensure the accuracy of the test.
Pursuant to Florida Statutes ~ 440.102(5)(p), carriers [or self insurers] are required to
give "reasonable notice" to all affected health care providers that payment for treatment, care
and attendance provided to the above-named employee after a future date certain will be
denied.
We hereby request that you immediately provide reasonable notice to all affected
health care providers that the payment for treatment, care and attendance provided to the
above-employee will be denied. We also request that you deny payment for any other medical
or indemnity benefits to the above named employee, after you have provided the above
described reasonable notice.
Please call if you need more information. Thank you for your cooperation in this
matter.
Respectfull y submitted,
[County I s Official]
25
O~~rv~o~~E
(305)294-4641
Human Resources Department
Personnel Section
Wing II, Room 204
Public Service Building
Key West, FL 33040
TELEPHONE: (305) 292-4557
FAX: (305) 292-4564
(.~.-..-...-- BOARD OF COUNTY COMMISSIONERS
MAYOR Shirley Freeman. District 3
Mayor Pro Tern George Neugent, District 2
Wilhelmina Harvey, District 1
Nora Williams. District 4
Mary Kay Reich. District 5
DOCTOR MICHAEL BURTON
1446 Kennedy Drive
Key West, FL 33040
PHONE: (305) 294-8900
FAX: (305) 294-6201
Date of Appointment: Time:
EMPLOYEE NAME: SS#:
Date of Birth: Job Title:
The subject employee is scheduled for the following type of procedure under Monroe County's Physical
Policy:
DFitness For Duty Exam (including chk below) DPost Offer Employment Physical
DPost Offer Employment Physical (including chk below - EMS: FF/EMI', FF/Paramedic. FF/Ops Superv,
AIRPORT: FF, FF/Chiej Shift Capt)
DMandatory Annual Physical (including chk below) DDOT Driver Exam (SafSens) (including chk below)
(Transportation Drivers/Attendants)
DRandom DOT Screen (chk below) DPost Incident/Accident (chk below) DReasonable Susp (chk below)
DBloodl AlcohollHRS
DBreathlAlcohollNIDA (Dr. Burton's office only)
DUrinalysislDrugslHRS
DUrinalysislDrugslNIDA
DBreathlAlcohol- Follow up wIBlood if Positive (Dr. Burton's office only)
DHepatitis B Vaccination (series of 3 - Doctor, please schedule next appointment with employee)
DAsbestosWorker Physical (chest xray, pulmonary function: FVC & FEV) - Dr. Burton's office only
Check one: DPre Placement DAnnual DTermination
DFirefighter Physical-Baseline/Post-offer (Dr. Burton's office only)
DAnnual Firefighter Physical (waive EKG and chest X-ray unless problems)
DRespirator Physical (chest xray, pulmonary function: FVC & FEV) - Dr. Burton's office only
(ROADS - Maint Worker, Equip Oper, Hvy Equip Oper, Foreman - GARAGE - Mobile Mech - AIRPORT
- Landscap Spec)
OTHER:
If vou have anv questions or need further information. please contact the Personnel Office at (305) 292-4458.
Personnel Representative
*Mail bill and results to address above
ATTN: Teresa Aguiar
26
SUMMARY OF DRUG-FREE WORKPLACE POLICY
EMPLOYEES OF MONROE COUNTY ARE
HEREBY NOTIFIED THAT IT IS A CONDITION OF
EMPLOYMENT FOR EACH EMPLOYEE TO
REFRAIN FROM REPORTING TO WORK OR
WORKING WITH THE PRESENCE OF DRUGS OR
ALCOHOL IN HIS OR HER BODY. IF AN INJURED
EMPLOYEE REFUSES TO SUBMIT TO A TEST
FOR DRUGS OR ALCOHOL, PURSUANT TO
STATE LAW THE EMPLOYEE MAY FORFEIT
ELIGIBILITY FOR MEDICAL AND INDEMNITY
BENEFITS.
I. WHA T IS THE DRUG-FREE WORKPLACE PLACE POLICY?
A. In accordance with Florida's Drug Free Workplace law, Section 440.101 et
seq. (1993), Monroe County ("the County") prohibits the illegal use,
possession, sale, manufacture, or distribution, of drugs, alcohol, or other
controlled substances on its property. For purposes of this policy alcohol is
considered to be a drug.
B. It is also against County policy for employees to report to work or to work
under the influence of drugs or alcohol. This includes prescription drugs
which induce an unsafe mental or physical state. Any employee who is taking
any prescription drug which might impair safety, performance, or any motor
functions should advise his or her supervisor before commencing work under
such medication.
C. For the purpose of this policy, an individual is presumed to be under the
influence of drugs or alcohol if a confirmed drug or alcohol test is positive.
D. The use, sale, purchase, possession, distribution, or dispensing of drugs or
alcohol on duty or on County property is cause for immediate discharge.
E: The County may suspend employees without pay under this policy pending the
results of a drug test or investigation.
F. This County has contracted with a Medical Review Officer (MRO) who is a
licensed physician with knowledge of substance abuse disorders, laboratory
testing procedures, chain of custody collection procedures, the medical use of
27
prescription drugs and the pharmacology and toxicology of illicit drugs. The
purpose of the MRO is to ensure to the maximum extent possible that all test
results are accurate. Applicants or employees can discuss any technical
questions regarding testing with the MRO prior to or after the test.
II. WHO IS TESTED BY THE COUNTY?
The County tests all applicants and employees as described below:
A. Applicants-:-
1. Applicants who are considered fInal candidates for a position will be
tested for the presence of drugs as part of the application process. The
County may elect to test for only certain job classifications.
2. Applicants will be asked to sign the Consent to Pre-employment
Agreement. If an applicant refuses, he or she will not be considered
for employment and the employment application process will be
terminated.
3. If an applicant's test is confirmed positive, the applicant will not be
considered for employment at that time and will be informed that he or
she has failed to meet employment standards.
B. Employees:
1. Reasonable-suspicion Testing: Employees will be tested when there is
a reasonable suspicion that an employee is using or has used drugs or
alcohol.
2. Post On-the-Job Accident or Injury Testing: Employees who sustain an
on-the-job injury, or who have caused, contributed to or have been
involved in an accident while at work will be tested at the time medical
treatment is administered, or as soon as possible.
3. Routine Fitness-for-Duty Testing: Employees will be drug tested as
part of any routinely scheduled employee fitness-for-duty medical
examination.
4. Additional Testing: Additional testing may also be conducted as
required by applicable state or federal laws, rules, or regulations or as
deemed necessary by the County.
28
III. WHA T IF AN APPLICANT OR EMPLOYEE REFUSES TO BE TESTED?
A. Any applicant who refuses to submit to the pre-employment drug test will be
ineligible for hire.
B. Any employee who refuses to submit to a drug test will be terminated from
employment. An injured employee who refuses to submit to a drug or alcohol
test, or has a positive confIrmation test, in addition to the above, forfeits his or
her eligibility for all workers' compensation medical and indemnity benefits.
IV. WHAT IF SOMEONE TESTS POSITIVE?
A. Tests will be conducted only by laboratories licensed and approved by the
proper state and/or federal agencies. Test specimens will be collected, tested,
and stored pursuant to the requirements of Florida law. No physician-patient
relationship is created between an employee or job applicant and the County or
any person performing or evaluating a drug test.
Laboratories can now report if a specimen has been tampered with. They can
identify the substance used to alter the specimen and can report such
substance, in addition to reporting a positive or negative result. An
adulterated or tampered with specimen is considered a refusal to test.
B. The County's Medical Review Officer (MRO) will initially receive and verify
that test results were properly analyzed and handled by the laboratory testing.
The MRO will then contact the job applicant or employee to give the person an
opportunity to explain or challenge a positive test result to determine whether
prescription or other legitimately taken drugs could have caused the positive
test result. If the MRO decides that the applicant or employee's explanation is
unsatisfactory, the MRO will report a positive test to the County. The County
will notify the job applicant or employee of confirmed positive test results
within five (5) working days after receipt of the result from the MRO.
C. A job applicant or employee who receives a positive confirmed drug test result
may contest or explain the result to the MRO or the County within five (5)
days after written notification of the positive test result. If the explanation or
challenge is unsatisfactory, a written explanation will be given to the applicant
~- ~m-l""""''''n T!".t.."" ........._1:..........._.'.... ......._ ""mp1o,poa'C' ,...~.,lL::::aT"l""'o;C' l1'rH"'"lt;",f'.,("tAr,' tA thA
Vi. ~ i!-'lU) '-''-'. .1...1.. LJ.J.\'" ""'fJ.tJ.lJ.\.,......J...u.. .) UJ. \......J. J. )......'"-' .J '"-'.L.u....J.."'............,::,..... ...... ..............._L......Ji._... L.\....IJ..} '-'-.I ...........
MRO or the County, the applicant or employee has the right to contest the test
results pursuant to rules adopted by the Florida Division of Workers'
Compensation.
D. The testing laboratory will preserve specimens of confirmed positive test
results for at least 210 days after the result was mailed to the MRO. A job
29
applicant or employee has the responsibility of notifying the drug testing
laboratory of any administrative or civil action brought pursuant to Chapter
440, Florida Statutes. If timely notified, the testing laboratory will maintain
the sample until the case or administrative appeal is settled.
E. Any applicant or employee who elects to have a portion of his or her specimen
retested at another licensed testing laboratory (at his or her expense) must
notify the testing laboratory and make a request to the County within 180 days
after written notification of a positive test result.
F. A list of names, addresses, and telephone numbers of employee assistance
programs and local drug rehabilitation programs are on file with the County.
This information will be provided to any person upon request.
V. WHAT IF AN APPLICANT OR EMPLOYEE HAS QUESTIONS ABOUT
LEGITIMATE PRESCRIPTION DRUG OR OTHER TECHNICAL INFORMA-
TION ABOUT THE TESTS?
A. Job applicants and employees have the right to confidentially consult the
Medical Review Officer (MRO) for technical information regarding prescrip-
tion and non-prescription medication and may contest or explain the test result
to the MRO both before and after being tested.
B. Prior to testing, the job applicant or employee will be given a list of the most
common medications by brand name or common name and chemical name
which may alter or affect a drug test. This information is on the Drug
Testing/Chain-of-Custody/HRS Form 1806.
C. A Drug Use Information form, which is a confidential report, may be filled
out by job applicants and employees before or after being drug tested. This
form permits individuals to provide to the MRO a list of all prescription and
non-prescription drugs they are currently using or have used in the last month.
as well as any other information they consider relevant to the test.
D. All information, interviews, reports, statements, memoranda and drug test
results, written or otherwise, received by the County as part of this drug
testing program are confidential communications. Unless authorized by state
laws, rules or regulations, the County will not release such information
without a written consent form signed voluntarily by the person tested. The
County or its legal counsel may disclose such information in the event that a
challenge or other form of civil, disciplinary or administrative litigation is
commenced by a job applicant or employee.
VI. WHA T TYPE OF DRUGS ARE TESTED?
30
The following is a list of all drugs (described by brand name, common name and/or
chemical name) for which the County may test. Also listed and identified are those
most common medications which may alter or affect a drug test:
Alcohol (booze, drink, distilled spirits, wine, malt beverages, beer, intoxicating
liquors, alcoholic beverages, etc.)
Amphetamines (Binhetamine, Desoxyn, Dexedrine)
Cannabinoids (marijuana, hashish, hash, hash oil, pot, joint, roach, spleaf,
grass, weed, reefer)
Cocaine (coke, blow, nose candy, snow, flake, crack)
Phencyclidine (PCP, angel dust, hog)
Methaqualone
Opiates (opium, dover's powder, paregoric, parepectolin)
Barbiturates (Phenobarbital Tuinal, Amy tal)
Benzodiazophines (Ativan, Azene, Klonopin, Dalmane, Diazepam, Halcion,
Librium, Poxipam, Restoril, Serax, Tranxene, Valium, Vertron, Xanax)
Methadone (Dolophine, Methadose)
Propoxyphene (Darvocet, Darvon N, Dolene)
Metabolites of any substances listed above.
VII. WHAT ELSE SHOULD I KNOW ABOUT THE POLICY?
A. Details of this policy may be obtained from the Human Resources Department.
B. The contents of this policy constitute statements of the County I s current
policy and may be changed and updated by the County at any time.
Nothin2 in this policy is intended to create a contract between the County
and anv emnlovee. Nothin!! in these !!uidelines binds the Countv to a
specific or definite period of employment or to any specific policies,
procedures. actions. rules. or terms and conditions of employment.
C. As a condition of employment and continued employment, all employees
are required to abide by this policy.
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EMPLOYEE ACKNOWLEDGMENT OF RECEIPT
OF SUMMARY OF DRUG-FREE WORKPLACE POLICY
I,
, hereby acknowledge that I received a
(Employee's Name)
copy of the Monroe County Summary of Drug-Free Workplace Policy, consisting of this page
and the five (5) preceding typewritten pages on the date indicated below. I understand that on
the effective date of the policy, it will be a condition of my employment to refrain from
reporting to work or working with the presence of drugs or alcohol in my body.
(Employee r S Signature)
DATE:
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