§ 2-60. Adopted of DOT 1994 Final Rules for Controlled Substances and Alcohol Testing.

(a)

All personnel policies of the county are hereby revised and amended to incorporate the 1994 DOT Final Rules [Department of Transportation's 1994 Final Rules for Controlled Substances and Alcohol Testing]. Said rules are, by reference, incorporated herein in their entirety as if restated word for word.

(b)

This section specifically amends any personnel policy providing for conditions of employment for employees whose duties require them to maintain a commercial driver's license in order to lawfully carry out their duties.

(c)

Any ordinance, resolution, rule, regulation or part of any ordinance, resolution, rule, regulation now in effect which conflicts with the rules is hereby repealed.

(d)

The County Judge is hereby directed to establish procedures to ensure compliance with the rules, including the assignment of a designated representative responsible for the execution of the procedures.

(e)

Any laboratory, medical review officer, substance abuse professional or any other professional who receives payment for testing, evaluating, record-keeping, or other services mandated by the rules must be qualified according to the rules and must perform such services in conformance with 49 CFR Part 40 and Part 382.

(f)

The County will pay for the costs of any testing of split specimens. However, the County will seek reimbursement in all instances where a driver requests split specimen testing and results are positive from the employee via wage withholding. Furthermore each employee shall sign an acknowledgment acknowledging that he or she has been advised of such policy.

(g)

The County's employment policy manual shall be updated to include these new provisions.

(Ord. No. 95-39, §§ 1—6, 12-14-95; Ord. No. 97-4, Art. 1, 3-14-97)

Editor's note

Nonamendatory Ord. No. 95-39, §§ 1—6, has been included herein as § 2-60 at the discretion of the editor. The DOT Final Rules have not been set out herein at length but have been added to the County's employment policy manual.