BOARD OF SUPERVISORS

County of Linn, Iowa

Directive Number:
Drug Testing Policy and Procedures
Covering all Linn County Employees

Approval Date: Effective Date: Revision No: Policy Section & Number:

06/25/2007 06/25/2007 2 PM-015

Reference: Board of Supervisors Minutes of Distribution: County Employee Handbook,

6/25/07, Separated from PM-006 09/10/2003 Intranet
BOS Minutes: 09/25/2002, 07/25/1998, Initially
Adopted: 01/10/1990

I. Policy
It is the policy of the Linn County Board of Supervisors to develop and implement
a drug and alcohol testing policy and procedure for all Linn County employees to
maintain a drug-free workplace. The purpose of this policy is to maintain a drug-
free workplace in the best interest of the health and safety of Linn County
employees and the safety of the citizens and patrons of Linn County.

II. Scope
This policy is applicable to all County employees, including elected officials and
their deputies and the Conservation and Public Health Departments. Additional
requirements apply to those employees who are covered by Department of
Transportation (DOT) alcohol and drug testing rules. These include employees
who utilize a Commercial Driver’s License (CDL) in the course of their duties. For
those additional requirements, refer to applicable DOT and FTA alcohol and drug
testing policies.

III. Definitions
A. Adulterated specimen: A specimen that contains a substance that is not
expected to be present in human urine, or contains a substance expected to be
present but is at a concentration so high that it is not consistent with human
urine.

B. Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or

other low molecular weight alcohol including methyl and isopropyl alcohol.

C. Breath Alcohol Technician: A person who instructs and assists

employees in the alcohol testing process and operates an evidential breath
testing device.

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 D. Collection site: A place selected by the employer where employees
present themselves for the purpose of providing a urine specimen for a drug test.

E. Confirmation drug test: A second analytical procedure performed on a

urine specimen to identify and quantify the presence of a specific drug or drug
metabolite.

F. Consortium/Third party administrator: A service agent that provides or

coordinates the provisions of a variety of drug and alcohol testing services to
employers.

G. Designated employer representative (DER): An employee authorized

by the employer to take immediate action(s) to remove employees from safety-
sensitive duties, or cause employees to be removed from these covered duties,
and to make required decisions in the testing and evaluation processes. The
DER also receives test results and other communications in relation to the drug
and alcohol policy.

H. Dilute Specimen: When the creatinine level of a urine specimen is

greater than or equal to 2 mg/dL, but less than or equal to 5 mg/dL.

I. Drug: Any drug or substance considered a controlled substance and

included in Schedule I, II, III, IV, or V under the federal Controlled Substances
Act.

J. Medical Review Officer (MRO): A person who is a licensed physician

and who is responsible for receiving and reviewing laboratory results generated
by an employer’s drug testing program and evaluating medical explanations for
certain drug results.

K. Return to Duty Test: Before returning to work following a positive drug

test or an alcohol test greater than .020, the employee must submit a negative
drug test and/or a breath alcohol test of .000.

L. Substance Abuse Professional (SAP): A person who evaluates

employees who have violated a drug and alcohol policy and makes
recommendations concerning education, treatment, follow-up testing, and
aftercare.
IV. Specific Policy Procedures

A. Linn County will conduct drug and alcohol tests under the following
conditions:
• Pre-employment drug testing
• Reasonable suspicion
• As required by federal laws or regulations (randomly)

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 • Following an accident or injury
• Return to duty
• As part of a follow-up testing regiment set by an SAP

Drug testing will screen for the following controlled substances:

Amphetamines, Cocaine Metabolite, THC Metabolite, Opiates (heroin,
morphine, codeine), and Phencyclidine.

B. Training

Supervisors designated to make reasonable suspicion determinations for drug

or alcohol testing under this policy shall attend a minimum of two hours of initial
training and to attend annually thereafter, a minimum of one hour of
subsequent training. The training shall include, but not be limited to, information
concerning the recognition of evidence of employee alcohol and other drug
abuse, the documentation and corroboration of employee alcohol and other
drug abuse, and the referral of employees who abuse alcohol or other drugs to
the EAP or to the SAP.

C. Pre-Employment Testing

1. Linn County shall include notice to prospective employees that a

drug test will be part of the pre-employment process in any notice or
advertisement soliciting applicants for employment.

2. All prospective employees who have been extended a conditional

offer of employment with Linn County shall be required to sign an
authorization or release form prior to the pre-employment drug test.

3. Prospective employees whose pre-employment drug test is verified

as positive shall be ineligible for employment with Linn County for one
year from the testing date. Drug tests that are adulterated will be
considered positive.

4. Current employees transferring or bidding into positions covered by

federally mandated drug and alcohol testing shall be eligible for testing
under the provisions of the drug testing laws applicable to the respective
position; i.e.; a non-DOT employee bidding into a DOT position will be
subject to a pre-employment drug test.

5. In the event that the pre-employment test is determined to be a

dilute specimen, the prospective employee will be allowed to re-submit
provided the dilute specimen was negative. However, if the dilute
specimen was positive, the test will stand as a positive test.

D. Reasonable Suspicion Testing

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 1. When a supervisor, manager or County official has reasonable
suspicion that an employee of the Linn County is under the influence of
alcohol or drugs while on duty, that official shall require reasonable
suspicion testing.

2. Linn County may require post-accident reasonable suspicion

testing drug and alcohol testing to determine if an employee is ineligible to
receive workers’ compensation in accordance with Iowa Code Section
85.16(2).

3. The employee being tested for reasonable suspicion shall not be

allowed to drive to testing or return to work following a positive test, or in
the case of drugs, to return to work until negative results of a drug test are
obtained.

4. Following reasonable suspicion test, the employee will be escorted

home by the supervisor, sent by taxi (at Linn County’s expense) or other
arrangements shall be made to ensure the employee gets home safely.
Under no circumstances shall an employee drive after reasonable
suspicion testing has been performed.

5. Supervisors, manager or other County officials making the

reasonable suspicion determination must meet the training requirements
of this policy.

6. Follow-up documentation of reasonable suspicion must be made by

the supervisor/manager in writing and have that forwarded to Risk
Management and Human Resources.

E. Return-To-Duty Testing

1. An employee will be subject to return-to-duty testing if:

a. they test greater than .02% on a breath alcohol test, or;

b. they have a verified positive drug test result

2. In the event an employee tests .04% or greater a return-to-duty test

is required after the employee has been referred to the SAP and if
recommended to the EAP for evaluation and treatment. The employee
must agree to follow the recommendations of the SAP in order to be
returned to work. The SAP/EAP will decide if the employee can be
returned to work while undergoing treatment.

3. Linn County will pay the charges for the SAP evaluation. Treatment
charges will be paid in accordance with the County’s benefit plan. If the
employee has no benefit plan the employee will be responsible for paying

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 for his/her own treatment. Treatment is offered only for the first time the
employee tests positive for drugs or alcohol.

4. Return-to-duty testing need not be confined to the substance

involved in the original violation. Drug and alcohol testing may be ordered
if the SAP/EAP determines that there are poly-substance abuse problems.

F. Follow-up Testing

1. If the SAP determines that follow-up testing is needed, the County

will ensure that the employee is subject to random tests following the
employee’s return-to-duty testing

2. The number and frequency of the follow-up tests are to be

determined by the SAP but must consist of at least six tests during the first
twelve months following the employee’s return-to-duty.

3. Follow-up testing may be done for up to sixty (60) months;

however, only the SAP can terminate the need for follow-up testing and
this can be done only after the first twelve months are completed and six
tests have been completed.

4. Employees will be responsible for all costs associated with follow-

up testing.

5. Employees refusing the SAP evaluation and treatment, or

employees who do not complete the prescribed treatment program will be
subject to termination.

6. Any positive drug test or alcohol test greater than .000 during a
follow-up test will result in termination.

G. Refusal to Take an Alcohol or Drug Test

1. No employee shall refuse to take a directed alcohol or drug test or

to provide urine for such test. If the employee should refuse to take an
alcohol test, there will be a presumption that the employee has a positive
reading of .04% or greater alcohol concentration.

2. If the employee should refuse to take a drug test or to provide

urine, there shall be presumption that the employee’s drug test is positive
and the refusal shall be deemed as an act of insubordination and the
employee will be subject to discipline up to and including termination.

3. If the appropriate action is short of discharge, the employee shall

be referred to a SAP and the employee shall not be allowed to return to
work until he/she has been evaluated by the SAP, has complied with the
recommended rehabilitation, has a negative result on a return-to-duty
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 alcohol and/or drug test, has agreed to a return to work agreement, and
has complied with the requirements imposed by the disciplinary action.

H. Alcohol Testing Procedures

1. Alcohol testing procedures shall follow the Code of Federal

Regulations, 49CFR, Part 40.

2. A breath alcohol technician (BAT) using breath-testing devices shall

conduct all alcohol tests.

3. If the employee tests .019% or less, the employee shall be

removed from work and sent home.

4. If the employee tests between .020% and .039%, the employee

shall be removed from the job for at least twenty-four (24) hours. The
employee may return to work at his/her next regularly scheduled shift after
the completion of all of the following:

a. After at least twenty-four hours have elapsed from the breath

alcohol test reading between .020% and .039%, and;

b. The employee has taken another breath alcohol test that

indicates an alcohol concentration of .000%.

5. When employees test .040% or greater, they will be referred to

EAP/SAP for evaluation, counseling and recommendations for treatment,
return-to-work, and follow-up testing.

6. The employee will be in an unpaid status until Linn County receives

the SAP’s written evaluation and recommendation for treatment. At that
time, the employee may use accrued sick leave until the employee is able
to return to work. This procedure will only be allowed on the first positive
alcohol test.

7. If an employee fails to produce a sufficient amount of breath to

properly administer a breath alcohol test, the employee will be referred to
a medical doctor. The doctor will review the employee’s pulmonary health
and provide Linn County with a written report concerning the employee’s
ability to produce adequate amount of breath for testing. Failure to provide
an adequate amount of breath may be regarded as a refusal to submit and
will be treated as a positive test.

8. Any second positive alcohol test, regardless of the amount of

between tests, will result in termination.

I. Drug Testing Procedures

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 1. Linn County will designate a laboratory for the purpose of urine
collection, drug testing, chain-of-custody protocol and medical review
services. The designated laboratory will be listed in Appendix A.

2. If a screening test is positive, a confirmation test will be performed

using a portion of the original sample. Tests that are adulterated or altered
by the employee will be considered positive.

3. Linn County will take adverse employment action, including refusal

to hire a prospective employee, based on a confirmed positive drug test.

4. The Medical Review Officer (MRO) shall contact the employee or

applicant prior to any positive results being reported to Linn County. If the
MRO is unable to contact the applicant/employee, they may contact the
Designated Employer Representative (DER) for assistance locating the
individual.

5. The MRO will review and interpret any confirmed positive test
results. An employee or prospective employee shall be provided an
opportunity to provide any information to the MRO which may be relevant
to the test including identification of prescription or non-prescription drugs
currently or recently used or other relevant medical information.

6. The DER may inform the employee/applicant of a positive drug test.

If the MRO has reported a positive test result, the DER will advise the
employee of his/her right to request and obtain a confirmatory test of the
split sample stored at the testing facility.

7. In the event that there is a dilute negative test result, the employee
or applicant will be required to submit another sample for testing.

8. The first time an employee tests positive on a drug test, they will be
placed in an unpaid status and referred to the EAP/SAP for evaluation,
counseling, treatment, return-to-work and follow-up testing.

9. The employee will remain in an unpaid status until Linn County

receives the SAP’s written evaluation and recommendation for treatment.
At that time, the employee may use accrued sick leave until the employee
is able to return to work. This procedure will only be allowed on the first
positive drug test.

J. Confirmatory Challenge

1. A portion of the urine specimen is reserved for challenging testing.

An employee who wishes to challenge a positive drug test must do so
within seventy-two hours of being notified of the positive result. The
employee must notify the County’s MRO that he/she wishes to challenge

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 the test and must pay for the retest which must be processed at a certified
laboratory.

2. The results of the confirmatory test shall be reported to the MRO.

The MRO will review the confirmatory test and issue a report to the DER
on the results of the test.

3. If the results of the confirmatory test do not confirm the results of

the initial test, the County shall reimburse the employee for the fee paid by
the employee. The confirmatory test result will be the result used for
purposes of taking disciplinary action pursuant to this policy.

4. Alcohol testing shall consist of an initial test and a confirmatory test.

There are no provisions for an employee to challenge a positive alcohol
test.

K. Illegal Use, Sale, or Possession of a Controlled Substance

1. Employees engaged in the illegal use, sale, or possession of illegal

drugs or controlled substances on County property, or while on County
time, will be subject to disciplinary action up to and including termination.

2. Employees in possession of drug paraphernalia while on County

property or County time will be subject to reasonable suspicion testing
pursuant to this policy.

L. Exclusions

1. This policy does not apply to employees of the Linn County

Sheriff’s Office while operating within the course and scope of their official
duties.

2. This policy is not intended to cover Linn County sponsored social events.

3. This policy does not apply to Linn County facilities that have been
rented to others for the purpose of entertainment or social events.

4. When applicable, federal or state laws take precedence over this

policy.

M. Confidentiality

The County shall protect the confidentiality of the results of any drug or
alcohol test conducted on an employee. The results of the test may be
recorded in the employee’s personnel records whose test indicated the
employee was under the influence of alcohol or a controlled substance or
indicated the presence of a controlled substance has undergone
substance abuse evaluation and, when treatment is indicated under the
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 substance abuse evaluation, successfully completed treatment for
substance abuse, the employee’s personnel records shall be expunged of
any reference to the test or its results for the duration of their employment.

N. Miscellaneous

Nothing in this policy shall restrict the County’s ability to prohibit the use of
alcohol or controlled substances during work hours or to discipline
employees for being under the influence of alcohol or controlled
substances during work hours.

1. Employees shall not consume alcohol during the employee’s work

shift including paid and unpaid breaks and meal periods. Further, any
indication of the use of alcohol or controlled substances by an employee
will be subject to proper protocols as outlined in this policy.

2. Employees called by a supervisor to work overtime (voluntary or

forced) will refuse such overtime work if the employee has reason to
believe they are in violation of this policy. Employees who report to work
after use of alcohol or drugs will be subject to proper protocols as outlined
in this policy.

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