ALL PROVISIONS SET FORTH IN BOLD FACE PRINT ARE INCLUDED CONSISTENT WITH REQUIREMENTS SPECIFICALLY SET FORTH IN 49 CFR PART 653, PART 654 OR PART 40, AS AMENDED. PROVISIONS SET FORTH IN THE DRUG-FREE WORKPLACE ACT (49 CFR PART 29) ARE DELINEATED IN ITALICS. ALL OTHER PROVISIONS ARE SET FORTH UNDER THE AUTHORITY OF TELLER COUNTY.

1.0 POLICY

Teller County government is dedicated to providing safe, dependable, and economical services to the citizens of Teller County. We recognize that our employees are our most valuable resource, and it is our goal to provide a healthy, satisfying working environment which promotes personal opportunities for growth. In meeting these goals it is our policy to (1) assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; (2) create a workplace environment free from the adverse effects of drug abuse and alcohol misuse; (3) prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; and (4) encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties.

2.0 PURPOSE

The purpose of this policy is to assure worker fitness for duty and to protect our employees, transit passengers, and the public from the risks posed by the misuse of alcohol and use of prohibited drugs. This policy is also intended to comply with all applicable Federal and State regulations governing workplace anti-drug and alcohol programs, especially in the transit industry. The Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 653 and Part 654, as amended, that mandate urine drug testing and breath alcohol testing for safety-sensitive positions and prohibits performance of safety-sensitive functions when there is a positive test result. The U.S Department of Transportation (DOT) has also published 49 CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens. In addition, the Federal government published 49 CFR Part 29, "The Drug-Free Workplace Act of 1988," which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses to the FTA. This policy incorporates those requirements for safety-sensitive employees and others when so noted.

3.0 APPLICABILITY

This policy applies to all safety-sensitive transit system employees, paid part-time employees, volunteers and contract employees when performing any transit-related safety-sensitive business and to any safety-sensitive or non-safety-sensitive employee designated by the Teller County Board of Commissioners. This may include full-time and part-time employees on County Property or performing County-related business offsite, contractors on County property or performing County-related business offsite. This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work. Visitors, vendors, and contract employees are governed by this policy while on County premises or while conducting County business off-site, and will not be permitted to conduct County business if found to be in violation of this policy.

4.0 PROHIBITED SUBSTANCES

"Prohibited substances" addressed by this policy include the following:

4.1 Illegally Used Controlled Substances or Drugs

Any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11 through 1300.15. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs.

4.2 Legal Drugs

The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label indicating that mental functioning, motor skills, or judgment may be adversely affected should be reported to supervisory personnel, and medical advice must be sought by the employee, as appropriate, before performing work-related duties.

A legally prescribed drug is one for which the individual has a prescription or other written approval from a physician for use of the drug in the course of medical treatment. It must include the patient's name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing County business is prohibited.

4.3 Alcohol

The use of beverages containing alcohol or substances including any medication, mouthwash, food, candy, or any other substance such that alcohol is present in the body while performing County business is prohibited. The concentration of alcohol is expressed in terms of grams of alcohol per 210 liters of breath as measured by an evidential breath testing device.

5.0 PROHIBITED CONDUCT

5.1 Manufacture, Trafficking, Possession, and Use

Teller County Transit system employees and all other County employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances on County/transit system premises, in County/transit system vehicles or while on County/transit business. Employees who violate this provision will be subject to disciplinary action up to and including termination. Law enforcement shall be notified, as appropriate, where criminal activity is suspected.

5.2 Intoxication/Under the Influence

Any safety-sensitive or non-safety sensitive employee who is reasonably suspected of being intoxicated, impaired, or under the influence of a prohibited substance, or not fit for duty shall be suspended from job duties pending an investigation and verification of condition. Employees found to be under the influence of prohibited substances or who fail to pass a drug or alcohol test shall be removed from duty and subject to disciplinary action, up to and including termination. A drug or alcohol test is considered positive if the individual is found to have a quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in 49 CFR Part 40, as amended.

5.3 Alcohol Use

No safety-sensitive or non-safety-sensitive employee should report for duty or remain on duty when his/her ability to perform assigned safety-sensitive or non-safety-sensitive functions is adversely affected by alcohol or when his/her breath alcohol concentration is 0.04 or greater. No safety-sensitive or non-safety-sensitive employee shall use alcohol while on duty, in uniform, while performing safety-sensitive functions, or just before or just after performing a safety-sensitive function. No safety-sensitive or non-safety-sensitive employee shall use alcohol within four hours of reporting for duty, or during the hours that they are on call. Violation of these provisions is prohibited and punishable by disciplinary action up to and including termination.

5.4 Compliance with Testing Requirements

All safety-sensitive and non-safety-sensitive employees will be subject to urine drug testing and breath alcohol testing. Any safety-sensitive or non-safety-sensitive employee who refuses to comply with a request for testing shall be removed from duty and his/her employment terminated. Any safety-sensitive or non-safety-sensitive employee who is suspected of providing false information in connection with a test, or who is suspected of falsifying test results through tampering, contamination, adulteration, or substitution will be required to undergo an observed collection. Verification of these actions will result in the employee's removal from duty and his/her employment terminated. Refusal can include an inability to provide a sufficient urine specimen or breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence (with the exception of previously arranged time off) resulting in the inability to conduct the test.

5.5 Treatment Requirements

All employees are encouraged to make use of the available resources for treatment for substance abuse problems. Under certain circumstances, employees may be required to undergo treatment for substance abuse or alcohol misuse. Any employee who refuses or fails to comply with Teller County requirements for treatment, after care, or return-to -duty shall be subject to disciplinary action, up to and including termination. The cost of any treatment or rehabilitation services will be paid for directly by the employee or his/her insurance provider. Employees will be allowed to take accumulated sick leave and vacation leave to participate in the prescribed rehabilitation program. (PLEASE NOTE THAT, AS BEFORE, THIS IS A TELLER COUNTY OPTION. THE GENERAL CONSENSUS THROUGHOUT THE COUNTRY SEEMS TO BE TO ADOPT WHAT IS CALLED A "ZERO TOLERANCE" POLICY. )

5.6 Notifying Teller County of Criminal Drug Conviction

All employees are required to notify Teller County of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary action, up to and including termination.

5.7 Proper Application of the Policy

Teller County is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervisors/managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination.

6.0 TESTING PROCEDURES

Analytical urine drug testing and breath testing for alcohol may be conducted when circumstances warrant or as required by Federal or State regulation. All safety-sensitive and non-safety-sensitive employees shall be subject to testing prior to employment, for reasonable suspicion, and following an accident as defined in Section 6.2, 6.3, and 6.4 of this policy. In addition, all safety-sensitive and non-safety-sensitive employees will be tested prior to returning to duty after failing a drug or alcohol test and after completion of the Substance Abuse Professional's recommended treatment program. Those employees who perform safety-sensitive functions as defined in the attachment to this policy shall also be subject to follow-up testing on a random, unannounced basis. Follow-up testing will be conducted for a period of one to five years, with at least six tests performed during the first year.

The drugs that will be tested for include marijuana, cocaine, opiates, amphetamines and phencyclidine. An initial drug screen will be conducted on each urine specimen. For those specimens that are not negative, a confirmatory Gas Chromatography/Mass Spectometry (GC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40, as amended. In instances where there is a reason to believe an employee is abusing a substance other than the five drugs listed above, Teller County reserves the right to test for additional drugs under the County's own authority using standard laboratory testing protocols.

Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT). If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. A safety-sensitive or non-safety-sensitive employee who has a confirmed alcohol concentration of greater than 0.02 but less than 0.04 will be removed from his/her position for eight hours unless a retest results in a concentration measure of less than 0.02. The inability to perform safety-sensitive duties due to an alcohol test result of greater than 0.02 but less than 0.04 will be considered an unexcused absence subject to Teller County disciplinary procedures. An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy and a violation of the requirements set forth in 49 CFR Part 654 for safety-sensitive employees.

Any safety-sensitive or non-safety-sensitive employee who has a confirmed positive drug or alcohol test will be removed from his/her position, informed of educational and rehabilitation programs available, and referred to a Substance Abuse Professional (SAP) for assessment. A positive drug and/or alcohol test will also result in disciplinary action up to and including termination.

Any employee selected for testing of any type will be driven to the testing facility by a supervisor.

Teller County affirms the need to protect individual dignity, privacy and confidentiality throughout the testing process.

6.1 Employee Requested Testing

Any safety-sensitive or non-safety-sensitive employee who questions the results of a required drug test under paragraphs 6.2 through 6.7 of this policy may request that an additional test be conducted. This test must be conducted at a different DHHS-certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the original sample. All costs for such testing are paid by the employee unless the result of the split sample test invalidates the result of the original test. The method of collecting, storing and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted if the delay was due to documentable facts that were beyond the control of the employee.

6.2 Pre-Employment Testing

All safety-sensitive and non-safety-sensitive position applicants shall undergo urine drug testing and breath alcohol testing immediately following the offer of employment or transfer into a safety-sensitive position. Receipt by the transit system of a negative drug test result is required prior to employment. Receipt of a negative alcohol test is also required prior to employment before the employee can perform any safety-sensitive duties. Failure of a pre-employment drug or alcohol test will disqualify an applicant for employment for a period of 120 days. Evidence of the absence of drug or alcohol dependency from a Substance Abuse Professional that meets with the approval of Teller County and negative pre-employment drug and alcohol tests will be required prior to further consideration for employment. The cost for the assessment and any subsequent treatment will be the sole responsibility of the individual.

6.3 Reasonable Suspicion Testing

All safety-sensitive and non-safety-sensitive employees may be subject to a fitness for duty evaluation, and urine and/or breath testing when there are reasons to believe that drug or alcohol use is adversely affecting job performance. A reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances which are consistent with the short-term effects of substance abuse or alcohol misuse. Examples of reasonable suspicion include, but are not limited to the following:

1. Physical signs and symptoms consistent with prohibited substance use or

alcohol misuse.

2. Evidence of the manufacture, distribution, dispensing, possession, or use of

controlled substances, drugs, alcohol, or other prohibited substances.

3. Occurrence of a serious or potentially serious accident that may have been

caused by prohibited substance use or alcohol misuse.

4. Fights (to mean physical contact), assaults and flagrant disregard or violations

of established safety, security or other operating procedures.

6.4 Post-Accident Testing

All safety-sensitive employees will be required to undergo urine and breath testing if they are involved in an accident with a Teller County Transit vehicle (regardless of whether or not the vehicle is in revenue service) or employees driving any Teller County owned vehicle that results in a fatality. This includes all surviving safety-sensitive employees who are on-duty in the vehicles and any other whose performance could have contributed to the accident. In addition, a post-accident test will be conducted if an accident results in injuries requiring transportation to a medical treatment facility; or one or move vehicles incurs disabling damage that requires towing from the site, and the employee receives a citation under State or local law for a moving traffic violation arising from the accident. If no citation is given, Teller County may still test safety-sensitive employees if they could have contributed to the accident.

Following an accident, safety-sensitive and non-safety-sensitive employees will be tested as soon as possible, but not to exceed eight hours for alcohol testing and 32 hours for drug testing. Any safety-sensitive or non-safety-sensitive employee involved in an accident must refrain from alcohol use for eight hours following the accident or until he/she undergoes a post-accident alcohol test. Any safety-sensitive or non-safety-sensitive employee who leaves the scene of the accident without justifiable explanation prior to submission to drug and alcohol testing will be considered to have refused the test and his/her employment terminated. Employees tested under this provision will include not only operations personnel, but any other covered employee whose performance could have contributed to the accident.

6.5 Random Testing

6.6 Return-to-Duty Testing

All safety-sensitive and non-safety-sensitive employees who previously tested positive on a drug or alcohol test must test negative (below 0.02 for alcohol) and be evaluated and released to duty by a Substance Abuse Professional before returning to work. (County option.)

6.7 Follow-up Testing

Safety-sensitive and non-safety-sensitive employees will be required to undergo frequent unannounced random urine and/or breath testing following their return to duty. The follow-up testing will be performed for a period of one to five years with a minimum of six tests to be performed the first year.

7.0 EMPLOYMENT ASSESSMENT

Any safety-sensitive or non-safety-sensitive employee who tests positive for the presence of illegal drugs or alcohol above the minimum thresholds set forth in 49 CFR Part 40, as amended, will be referred for evaluation by a Substance Abuse Professional (SAP). A SAP is a licensed or certified physician, psychologist, social worker, employee assistance professional or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol-related disorders. The SAP will evaluate each employee to determine what assistance, if any, the employee needs in resolving problems associated with prohibited drug use or alcohol misuse.

Assessment by a SAP or participation in Teller County's Employee Assistance Program does not shield an employee from disciplinary action or guarantee employment or reinstatement as an employee of Teller County. Teller County's Disciplinary Code should be consulted to determine the penalty for performance-based infractions and violation of policy provisions.

If a safety-sensitive or non-safety-sensitive employee is allowed to return to duty, he/she must properly follow the rehabilitation program prescribed by the SAP, the employee must have negative return-to-duty drug and alcohol tests and be subject to unannounced follow-up tests for a period of one to five years. The cost of any treatment or rehabilitation services will be paid directly by the employee or his/her insurance provider.

Employees will be allowed to take accumulated sick leave and vacation leave to participate in the prescribed rehabilitation program.

8.0 RE-ENTRY CONTRACTS

Employees who re-enter the workforce must agree to and sign a re-entry contract. That contract may include (but is not limited to):

1. A release-to-work statement from the Substance Abuse Professional.

2. A negative test for drugs and/or alcohol.

3. An agreement to unannounced frequent follow-up testing for a period of one to five years with at least six tests performed the first year.

4. A statement of expected work-related behaviors.

5. An agreement to follow specified after care requirements with the understanding that violation of the re-entry contract is grounds for termination.

Name: Lindsey A. Chapman
Title: Personnel Technician
Address: P.O. Box 959/Teller County Courthouse
Cripple Creek, CO 80813
Telephone Number: 719-689-2988
FAX Number: 719-689-3268

Name: Jim Leideritz
Title: Emergency Preparedness Director/Veteran’s Service Officer
Address: P.O. Box 9015, Divide, CO 80814
Telephone Number: 719-687-8648
FAX Number: 719-687-1202

Name: Curt Logsdon
Title: Road & Bridge Director
Address: P.O. Box 277/540 Manor Court
Woodland Park, CO 80866
Telephone Number: 719-687-8812
FAX Number: 719-687-5263

Medical Review Officer (MRO):

Substance Abuse Professional

Name: Martha Woodward (EAP)
Title: Substance Abuse Professional
Company: Employee Assistance Providers
Address: 1980 Dominion Way, Suite 102
Colorado Springs, CO 80918
Telephone Number: 719-528-8118

CONFIRMATION OF RECEIPT OF POLICY

I,                                                                     , acknowledge that I have received a copy of the substance abuse policy.

Furthermore, I agree to abide by the provisions of the Drug Free Workplace Policy of Teller County as a condition of my continued employment.

Employee Name (Typed)                                                                             

Employee Signature                                                                        Date                                 

Supervisor Signature                                                                      Date