UHLEk NU. 2~16U
ADUPTIUN OF A UkUG AND ALCUHUL
TESTING POLICY FUR KERR CUUN'CY
Un this the 14th day of May 1591, came on to be considered by
the Court the adoption of a drug and alcohol policy for Kerr
County pursuant to State Law and Administrative Rule. Un
motion made by Commissioner Holehamp, seconded by
Commissioner Uehler, the Court unanimously approved by a vote
of 4-0-0 to adopt the attached Drug & Alcohol Policy for
Kerr County.
DRUG AND ALCOHOL POLICY
PURPOSE
The purpose of this policy is to identify and remove the
adverse affects of alcohol and drugs on job performance, and
to protect the health and safety of our employees by
providing education and treatment.
Use and misuse of alcohol or drugs can and does impair
the ability of an employee to perform his/her duties and may
endanger the employee, his/her co-workers, and the public as
well as property. 'Phe County seeks to prevent the
use/abuse/misuse of drugs and alcohol by employees in any way
which impairs their ability to perform their duties.
POLICY
1. T1~ie County stall implement a cornpr~ehensive drug and
alcohol abuse education program. As part of that
program, information will be provided on the
availability of employee assistance program
services.
1. Alcoholism and other drug addiction are recognized
as diseases responsive to proper treatment, and
this will he an option as long as the employee
cooperates. Employee assistance program (EAY) will
be made available to assist employees.
~. The manufacture, distribution, dispensing,
possession, sale, purchase, or use of a controlled
substance on County property is prohibited.
4. Being under the influence of alcohol or illegal
drugs on County property is prohibited. The
unauthorized use or possession of prescription
drugs or over-the-counter drugs on County property
is prohibited.
5. Employees who violate this policy are subject to
appropriate disciplinary action including
termination.
6. The policy applies to all employees of the County
regardless of rank or position and includes
temporary and part-time employees.
F'AGE 1
DEFINITIONS
A. County Premises - All County property including
vehicles, lockers, and parking lots.
b. County Pro~,ertZ+ - All County owned or leased
property used by employees such as vehicles,
lockers, desks, clarets, etc.
C. Controlled Substance - Any substance listed in
Schedules I-V of Section 2rOL of the Controlled
Substance Act (21 U. 5. C.5 812), as amended. Copies
are maintained for employee review by the County
Treasurer's GfIice.
U. UCUg - A drug is any chemical substance that
produces a physical, mental, emotional or
behavioral change in the u~~er.
E. Uruq Paraphernalia - Equipment, a product or
material that is used or intended for use in
concealing an illegal drug or for use in injection,
ingesting, inhaling or otherwise introducing into
the human body are illegal drug ur controlled
substance.
F. Fitness for Uuty - To work in a manner suitaGle for
the job. To determine "fitness", a medical
evaluation may include drug and/or alcohol testing.
G. Illegal Uri - An illegal drug is any drug or
derivative thereof which the use, possession, sale,
transfer, attempted sale or transfer, manufacture
or storage of is illegal or regulated under any
federal, state, or local law or regulation and any
other drug, including (but not limited to) a
prescription drug, used for any reason other than a
legitimate medical reason and inhalants used
illegally. Included is marijuana or cannabis in
all forms.
H
1
treasonable Cause/treasonable Suspicion - Supported
by evidence strong enough to establish that a
policy violation has occurred.
Testing - Is generally defined
breath test to determine chemical
as a urine, or
or drug content.
PAGE 2
Any employee may be tested fur drug or alcohol use
when there is "reasonable cause/reasonable
suspicion" that:
(1) use oŁ a substance is affecting
petŁormance; or,
(2> the employee is engaged in any of the
prohibited acts or activities listed in
this policy.
J. Under the Influence - A state of having ar, alcohol
concentratior, of 0.10 or more, where "alcohol
concentration" has the meaning assigned to it in
Article 67011-1, kevised Statutes; or the state of
not having the normal use of mental or physical
faculties resulting from the voluntary introduction
into the body of an alcoholic bevex-age or a
controlled substance.
GENERAL POLICY PROVISIONS
Any of the Following actions constitutes a violation of
the Policy and may subject ar, employee to disciplinary action
to include immediate termination:
A. Using, selling, purchasing, transferring,
possessing, manufacturing, or storing an illegal
drug or drug paraphernalia, or attempting or
assisting another to do so, while in the course oŁ
employment or engaged in a County sponsox-ed
activity, on premise s•, in owned, leased or rerrt ed
vehicles, or on business.
B. Working or reporting to work, conducting County
business or being on County premises or in a County
awned, leased or rented vehicle while under the
influence of an illegal drug, alcohol or in an
impaired condition.
SEARCH
Search procedures, conducted under reasonable cause,
such as inspections of employee's personal property including
briefcases, lunch boxes, or tool boxes, will be maintained as
part oŁ the County's security measures. All employees will
be expected to cooperate as a condition of continued
employment with special drug/alcohol searches of personal
vehicles on County property, purses, clothing, briefcases, or
PAGE ,~
other employee personal property when there is reasonable
suspicion to believe that an employee may be in possession of
drugs or alcohol. Searches on County premises and County
property can be conducted at any time.
PREVENTIVE ACTS
A. Employees taking drugs prescribed by an attending
physician must advise their Elected Official and/or
Department Head in writing of the possible effects
of such medication regarding their job performance
and physical/mental capabilities. This written
information must be kept confidential and
communicated to the Elected Official and/or
Department Head prior to the employee commencing
work. All medical information will be kept
confidential and the employer, without exception,
will punish any breach of privacy and
confidentiality in this regard. All prescription
drugs must be kept in their original container.
B. Any employee involved ir, a work related accident
where alcohol or drugs are believed to be a
contributing factor will be referred to an employee
assistance counselor ir, addition to ar,y other
accident investigatior, activities.
CORRECTIVE ACT
Any employee involved in a work related accident may be
subject to urine and breath testing for drug or alcohol use
or abuse.
SUPERVISORY AND EMPLOYEE TRAINING
Elected Officials and/or Department Heads will receive
training regarding the Drug and Alcohol Policy and the use oŁ
the Employee Assistance Program. A11 employees will receive
copies of the Drug and Alcohol Policy and information about
the Employee Assistance Program.
EMPLOYEE ASSISTANCE PROGRAM
The County will provide employees and their families
with confidential, professional assessment and referral for
assistance in resolving or accessing treatment for addiction
PAGE 4
to, dependence on, or problems with alcohol, drugs, or other
personal problems adversely afieciing their job performance.
The cost of treatment, counseling or rehabilitation resulting
from EAP referral will be the responsibility of the employee.
When documented job impairment has been observed and
identified, an Elected Official and/or Department Head may
recommend participation in the EAP. Any action taken by ti,e
Elected Official and/or Department Head, however, will be
based on job performance.
Elected Official and/or Department Head referrals to the
EAP will include employee's release oŁ information consent
form to be returned to the County Elected Official and/or
Department Head by the EAP. kefusal to participate in, or
failure to complete tt,e EAP-directed program will be
documented. Should job performance not improve after a
reasonable amount of tune, the employee is subject to
progressive co'r'rective action up to and including termination
of employment.
Self-referral by employees or family members is strongly
encouraged. The earlier a problem is addressed, the easier
it is to deal with and the higher the success rate. While
self-referral in itself, does not preclude County's use of
corrective actions, participation in an EAP-directed program
may enable the Elected Official and/or Department Head to
allow time fat completion of such program before initiating
or determining additional corrective actions.
EAP-related activities, such as referral appointments,
will be treated on the same basis as other personal business
or health matters with regards to use of sicY. or compensation
leave. Sick leave may be taken as needed, while compensation
tune must be pre-approved.
COORDINATION WITH LAW ENFORCEMENT AGENCIES
The sale, use, purchase, transfer or possession of an
illegal drug or drug paraphernalia is a violation of the law.
The County will report information concerning possession,
distribution, or use oŁ any illegal drugs to law enforcement
officials and will turn over to the custody of law
enforcement officials any such substances found during a
search o2 an individual or property. Searches will only be
conducted of individuals based on reasonable cause; and only
of their vehicles, lockers, desks, closets when based on
reasonable suspicion. The County will cooperate fully in the
prosecution and/or conviction oŁ any violation of the law.
PAGE 5
RESERVATION OF RIGHTS
The County reserves the right to interpret, change,
suspend, cancel or dispute, with or without notice, all or
any part of this Policy, or procedures or benefits discussed
herein. Employees will be notified before, implementation of
any change.
Altt,ough adherence to this Policy is considered a
condition of continued employment, nothing in this Policy
alters an employee's status and shall not constitute nor be
deemed a contract or promise of employment. Employees remain
free to resign their employment at any time fo'r any or no
reason. The County retains the right to terminate any
employee at any time, for ar,y or no reason.
OTHER LAWS AND REGULATIONS
The provisions of this Policy shall apply in addition
to, and shall be subordinated to, any requirements imposed by
applicable federal, state or local laws, regulations or
judicial decisions. Unenforceable provisions of this policy
shall be deemed to be deleted.
FALiE b
EMPLOYEE ACKHOWLEDGMEHT
1 aeknowledye that I have received a copy of the
Uruy-Free Workplace Policy. I also acknowledge that the
provisions of the Policy are part of the terms and conditions
of my employment and that I agree to abide by them.
Uate:
Signature of Employee
Printed Name of Employee
Employee Social Security Number
7
COMMISSIONERS' COURT AGENDA REQUEST
*PEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY; Dorothy Hilburn
MEETING DATE: s/is/9l
____
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: County Treasurer
TIME PREFERRED:
Consideration of
/ Adoption of Drug Abuse Policy
EXECUTIVE SESSION REQUESTED: YES NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYE:
NAME OF PERSON ADDRESSING THE COURT: Co. Treasurer
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 is as follows:
* Meetings held on second Monday: 12:00 P.M. previous Wednesday
* Meetings held on Thursdays: 5:00 P.M. previous Thrusday
THIS REQUEST RECEIVED BY: *G
THIS REQUEST RECEIVED ON : 5/6/91 ~ 10:45 am
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
6uldelines.
k~ou;~T;. rr;~As
kFi>' ~~~%rry '~RFR
R~ltt
SECTION 7.10. POLICIES FOR ELIMINATION OF DRUGS IN THE WORKPLACE. (a! Each employer who has 15 ur ~ Tfkf]j
more employees and who maintains workers' compensation insurance coverage shall adopt a policy designed to ~8p2:4
eliminate drug abuse and its effects in the workplace. The employer shall distribute to each employee a written
copy of the policy. (bl The commission shall enforce this requirement and may adopt rules for that purpose.
. w s;~ cam.
Rule 169.1 [28 TAC 169.1]
NOTIFICATION OF DRUG ABUSE POLICY
A) Each employer who has 15 or more employees and who maintains worker's compensation insurance
coverage shall adopt a policy for elimination of drug abuse (hereinafter called 'drug abuse policy') by May 15,
7991, An employer who becomes subject to this subchapter after January 1, 1991 shall adopt a drug abuse
policy within 45 days of the date on which the employer becomes subject. Employers who are in compliance with
the Federal Drug-Free Workplace Act of 1988 must amend their policies to include alcoholic beverages and must
notify their employees of the change and provide their employees with a coDY of the policy.
B) An employer shall provide a written copy of the drug abuse policy to each employee:
11 on or before the first day of employment; or
2) thirty days after the date the policy is adopted by the
employer,
C) An employer shall provide the commission with a copy of the drug abuse policy for the purpose of
compliance audit no later than 30 days after receipt of a written request.
Di After June 1, 1991, an employer who is subject to this section, and who does not have a drug abuse
policy, may be subject to a class D administrative violation, and may be assessed with a penalty not to exceed
S 500,
Rule 169.2
REQUIRED ELEMENTS OF DRUG ABUSE POLICY
[28 TAC 169.21
An employer adopting a policy for elimination of drug abuse shalt provide each employee with a written copy of
the policy, which shall include:
al a statement of the purpose and scope of the policy;
b) a statement Yhat the policy includes alcoholic beverages, as well as, inhalants and illegal drugs.
The policy may include prescription drugs,
c) a statement of any cgnsequences the employee may suffer if found violating the policy;
d1 a description of available treatment programs, if any, and how they may be requested, such as
assistance provided by the employee's health care insurance or drug and alcohol abuse
rehabilitation programs sponsored by the employer;
e) the availability of, and the requirements for participation in, drug and alcohol abuse education and
treatment programs, if any; and
fl a description of any drug testing program that the employer has in force.
NAY-13-91 NON 9;41 TX ASSOC OF COUNTIES FAX NO. 15124781426 P,19f25
17RUG AND ALCOHOL POLICY
PULZPOSE
The purpose of this policy is to identify and remove the adverse affects of
alcohol and drugs on job performance, and to protect the health and safety of our
employees by providing education and treatment.
Use and misuse of alcohol or drugs can and does impair the ability of an
employee to perform hislher duties and may endanger the employee, his/her co-
workers, and the public as well as property. The company seeks to prevent the
use/abuse/misuse of drugs and alcohol by employees in any way which impairs their
ability to perform theiz duties.
POI.rICY

1. The company shall implement a comprehensive drug and alcohol abuse
education program, As part of that program, inforntadon will be pzovided on the
availability of employee assistance program services.
2. Alcoholism and other drug addiction are recognized as diseases
responsive to proper treatment, and this will be an option as long as the employee
cooperates. Employee assistance program (EAP) will be made available to assist
employees,
3. The manufacture, distribution, dispensing, possession, sale, purchase, or
;:- ~usc of a controlled substance on company property is prohibited.
~~ 4. $eing under the influence of alcohol or illegal drugs on company
property is prohibited: The unauthorized use or possession of prescription drugs or
over-the-counter drugs on company property is prohibited.
5, Employees who violate this policy are subject to appropriate disciplinary
action including termination.
6. The policy applies to all employees of the company regardless of rank or
position and includes temporary and pant-time employees.
22
DEFIN.[TIONS
A. ~ompanT~Premises -All company property including vehicles, lockers,
and parking lots,
$. Co~nnarly Proyerty -All company owned or leased property used by
employees such as vehicles, lockers, desks, closets, etc.
C. Cq,.tr trolled Substance -Any substance listed in Schedules I-V of Section
202 of the Controlled Substance Act (21 U.S.C. S 812), as amended. Copies are
maintained far employee review by Perses}nel--and flealth Seruices. ~ ~ • '' ~ ' ° ~ ~ ~ -
D. P~ - A drug is any chemical substance that produces a physical,
mental, emotionat or behavioral change in the user.
E. 17rue Parayhernalia - Equipment, a product or material that is used or
intended for use in concealing an illegal drug or for use in injecting, ingesting,
inhaling or otherwise introducing into the human body an illegal drug or controlled
substance.
F. Fitness for Dutv - To work in a manner suitable for the job. To
determine "fitness", a medical evaluation may include drug andlor alcohol testing.
G. 111e~a1 Drug - An illegal drug is any drug or derivative thereof which the
use, possession, sale, transfez, attempted sale or transfer, manufacture or stozage of is
illegal or regulated under any federal, state, or local law or regulation and any other
drug, including (but not limited ta) a prescription drug, used for any reason other than
a legitimate medical reason and inhalants used illegally. Included is marijuana or
cannabis in all farms.
u:,° H. Reasonable Cause/Reasonable Suspicion -Supported by evidence strong
' enough to establish that a policy violation has occurred.
I. sti - Is generally defined as a urine, or breath test to determine
chemical or drug content. Any employee may be tested for drug or alcohol use when
there is "reasonable cause/reasonable suspicion" that:
(1) use of a substance is affecting performance; or,
r
(2) the employee is engaged in any of the prohibited acts or
activities listed in this policy.
r
. _~.~~ ... ... 23
f1H r -: ,~-~ i riuN a ~ ~~ T'k ASSQ~ OF COUNTIES FRX NQ 15124781426 R, 21 /25
J. Under the Tnfluenc~ - A state of having an alcohol concentration of 0.10
or more, where "alcohol concentration" has the meaning assigned to it in Article
67011-1, Revised Statutes; or the state of not having the normal use of mental or
physical faculties resulting from the voluntary introduction into the body of an
alcoholic beverage or a controlled substance.
GENERAL POLICY PROVI5TONS
Any of the following actions constitutes a violation of the Policy and may
subject an employee to disciplinary action to include immediate termination:
A. Using, selling, purchasing, transferring, possessing, manufacturing, or
staring an illegal drug or drug paraphernalia, or attempting or assisting another to do
so, while in the course of employment or engaged in a company sponsored activity,
on premises, in owned, leased or rented vehicles, or on business.
B. Working or reporting to work, conducting company business or being on
company pretises or in acompany-owned, leased or rented vehicle while under the
influence of an illegal drug, alcohol or in an impaired condition.
SEARCH
.Search procedures, conducted under reasonable cause, such as inspections of
employee's personal property including briefcases, lunch boxes, or tool boxes, will be
maintained as part of the company's security measures. All employees wilt be
expected to cooperate as a condition of continued employment with special
druglalcohol searches of personal vehicles on company property, purses, clothing,
~efcases, or other employee personal property when there is reasonable suspicion to
believe that an employee may be in possession of drugs or alcohol. Searches on
company premises and company property can be conducted at any time.
PREVENTIVE ACTS
A, T:mployees taking drugs prescribed by an attending physician must advise
their direct Supervisor in writing of the possible effects of such medication regarding
their job perfoxmance and physical/mental capabilities. This written information must
be kept confidential and communicated to the direct Supervisor prior to the employee
commencing work. All medical information will be kept confidential and the
employer, without exception, will punish any breach of privacy and confidentiality in
this regard. All prescription drugs must be kept in their original container.
NAY-13-91 NON 942 TX ASSOC OF COUNTIES FAX NU. 15124781426 P, 22/25
B. Any employee involved in a work related accident wtaere alcohol or
drugs are believed to be a contributing factor will be referred to an employee "
assistance counselor in addition to any other accident investigation activities.
CORRECTIVE ACT
Any employee involved in a work related accident may be subject to urine and
breath testing for drug or alcohol use or abuse, "
SUPERVISORY AND EMPLOYEE TRAINING
Supervisors .will receive training regarding the brug and Alcohol Policy and the
use of the Employee Assistance Program. All employees will receive copies of the
Drug and Alcohol Policy and information about the Employee Assistance Program.
- EMPLOYEE ASSISTANCE PROGRAM
The company will provide employees and their families with confidential,
professional assessment and referral for assistance in resolving or accessing treatment
for addiction to, dependence on, or problems with alcohol, drugs, or other personal
problems adversely affecting their job performance.
YP€PT'Fill w~f/`PQ avill~,a.rn in ,7 ...al.e..t ,, t t tA.. v ~ _ r_.__•~ -~
y -~iiiy vy~ vi iuw,..
The cost of treatment, counseling or rehabilitation resulting from EAP referral will be
the responsibility of the employee.
yy,, When documented job impairment has been observed and identified, a
~Y~14 n
,~ supervisor may recommend participation in the EAP. Any action taken by the
supervisor, however, will be based on job performance.
Supervisor referrals to the EAP will include employee's release of information
consent fortn to be returned to the company supervisor by the EAP. Refusal to
participate in, or failure to complete the EAP-directed program will be documented.
Should job performance not improve after a reasonable amount of time, the employee
is subject to progressive corrective action up to and including termination of
employment. ~,
Self referral by employees or family members is strongly encouraged. The
earlier a problem is addressed, the easier it is to deal with and the higher the success
~ xate. While self-referral in itself, does not proclude company's use of corrective
actions, participation in an EAP-directed program may enable the supervisor to allow
25
MR1'-13-91 MON 9 ~ 43 TX ASSOC OF COUNTIES FHN ~~u, ~'~ 1 ~4 ~ tS l `Icu
time for completion of such program before initiating or determining additional
corrective actions.
EAP-related activities, such as referral appointments, will be treated on the
same basis as other personal business or health matters with regards to use of sick or
compensation leave. Sick leave may be taken as needed, while compensation time
must be pre-approved.
COORDINATION WITH LAW ENFORCEMENT AGENCIES
The sale, use, purchase, transfer or possession of an illegal drug or drug
paraphernalia is a violation of the law. The company will report information
concerning possession, distribution, or use of any illegal drugs to law enforcement
officials and will turn over to the custody of law enforcement officials any such
substances found during a search oŁ an individual or property. Searches will only be
conducted of individuals based on reasonable cause; and only of their vehicles,
lockers, desks, closets when based on reasanable suspicion. The company will
cooperate fully in the prosecution and/or conviction of any violation of the law.
RESERVATION OF RIGHTS
The company reseives the right to interpret, change, suspend, cancel or
dispute, with or without notice, all or any part of this Policy, or procedures or
benefits discussed herein. Employees will be notified for implementation of any
change.
I ~ c3/ co
Although adherence to this Policy is considered a condikion of continued
•u:.° .
employment, nothing in this 1:'olicy alters an employee's status and shall not constitute
nor be deemed a contract or promise of employment. Employees remain free to
resign their employment at any time for any or no reason, without notice, and the
company retains the right to terminate any employee at any time, for any or no
reason, without notice.
OT~IER LAWS AND REGULATIONS
The provisions of this Policy shall apply in addition to, and shall be
subordinated to, any requirements imposed by applicable federal, state or local laws,
regulations or judicial decisions. Unenforceable provisions of this policy shall. be
deemed to be deleted.
26
--
r1HY-ia-yi TIuN y:~1d TX A~~OC OF COUNTIES FAX N0, 15"'~"781426 P. 24/25
EMPLQYEE ACKNOWLEDGMENT
I acknowledge that I have received a copy of the Drug-l~ree Workplace Policy.
I also acknowledge that the provisions of the Policy are pant of the terms and
conditions of my employment and that I agree to abide by them.
Date:
Signature of Employee
Print Name
Employee Social Security #
~u;,,°

f,

*Note: This policy may be provided to employees in another language.
D
~7