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R89-045 amendment to personnel policy3 J Commissioner L),e / 0-IJ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO NO. 89- LJ AMENDMENT TO THE EAGLE COUNTY PERSONNEL POLICY WHEREAS, pursuant to SECTION 30 -2 -104, C.R.S., And Eagle County Resolution No. 87 -39, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board "), adopted a classification and compensation plan for all County employees paid in whole or in part by the County, hereinafter referred to as the 11 1987 Personnel Policy "; and WHEREAS, in order for Eagle County to comply with the federal Drug -Free Workplace Act of 1988, the Human Resources Department desires•to amend the Alcohol, Drugs and Controlled Substances policy of the 1987 Personnel Policy to communicate the county's intent to maintain a drug -free and alcohol -free workplace, provide information concerning the availability of drug and alcohol counseling, rehabilitation, treatment and penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace; and WHEREAS, the Board further desires to comply with the federal Drug -Free Workplace Act of 1988, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, effective immediately, the 1987 Personnel Policy is hereby amended to comply with the federal Drug -Free Workplace Act of 1988, as said amendment is more fully set forth in Exhibit "A" attached hereto and incorporated herein by this reference. THAT, the Alcohol, Drugs, and Controlled Substances policy as set forth on pages 46 and 47 of the Eagle County Employee Handbook is hereby repealed and replaced with the attached Exhibit "A." THAT, the 1987 Personnel Policy, as herein amended, shall apply to and shall be binding upon all County employees paid in whole or in part by the County except as otherwise provided for in the. 1987 Personnel Policy, and all changes in benefits, pay grades and job classification shall be made in accordance with the 1987 Personnel Policy as herein amended. I w 3 THAT, Nothing contained in this Resolution or the 1987. Personnel Policy, or the amendment adopted hereby, shall be construed as authorizing any elected official, department head, board, commission, or any other person or spending agency associated with Eagle County to exceed their respective appropriated budgets. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibit "A ", be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or the 1987 Personnel Policy as herein amended and readopted, or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared severable. THAT, the Board finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the — 9V.�i day of March, 1989. COUNTY OF EAGLE, STATE OF COLORADO, By�and Through Its BOARD OOUNFY COMMISSIONERS . Welch, Commiss Georg A. Gates, Commissioner Commissioner Co 1 9 7 S seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson Commissioner Donald H. Welch # Commissioner George A. Gates This Resolution passed by % /4 fIdl; dlf5 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -2- a Abuse of drugs and alcohol impairs employee judgment which may result in increased safety risks, employee injuries and faulty decision- making. Drug and alcohol abusers create a poten- tially hazardous working environment, have more on- the -job accidents resulting in higher worker's compensation claims, disrupt employee morale and increase costs for medical benefits. The dangers of substance abuse in the workplace impact all employees, not just abusers. Sub- stance abuse results in lost productivity and increased absenteeism placing a burden on other employees. Educational materials on the dangers of substance abuse in the workplace are avail- able and can be found in the Human Resources Department. Employees who have a substance dependency problem are strongly encouraged to obtain coun- seling through the county's Employee Assistance Program. Any regular employee may use the program. In addition, medical insurance coverage for drug and alcohol treatment may be avail- able. Further information on rehabilitation and counselling resources are available in the Human Resources Department. In .,�;cordance with the Drug -Free Workplace Act of 1988, Eagle County, as a federal grant re- cipient, is required by federal law to certify to agencies that we receive grants from that we ensure a drug -free workplace. Failure to comply with this requirement could result in suspen- sion or termination of the grant payments. It is our policy to prohibit the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance while traveling on or performing county business on county prem- ises and other work sites where employees may be assigned. County vehicles, as well as private vehicles, parked on county premises or work sites are locations included within this prohibition. No employee may report for work, remain on duty, or drive a county vehicle while under the in- fluence. Under the influence is defined as being unable to perform work in a safe and productive manner, being in a physical or mental condition which creates a risk to the safety of the individ- ual, other employees, the public or county property; and /or having any detectable level of illegal drug- in the body or blood /alcohol in excess of .05 percent. Excluded are prescribed drugs when used in the manner, combination and quantity as prescribed unless job performance could be affected. Employees who must use an over - the - counter or a prescription drug that may affect their ability to perform work in a safe and productive manner must notify his or her department head prior to starting work. The Department Head, after proper inquiry, will decide if the employee can remain at work and what work restrictions, if any, are necessary. Alcohol includes all intoxicating beverages that contain alcohol, including beer, wine and spiri- tous liquors. Non - prescribed drugs and controlled substances are substances controlled by, or considered illegal under Federal or State law. In accordance with Department of Transportation regulations the County will conduct drug tests on employees who operate equipment that weighs in excess of 26,000 pounds and on employees 46 1 who transport hazardous materials that are required to be placarded. The County may also test an employee based on reasonable suspicion that the employee may be drug involved following a workplace accident or unsafe practices, An employee testing positive on a drug test or otherwise determined to be drug- involved will be subject to disciplinary action, which may include termi- nation. Any employee who is convicted under a criminal drug statute for a violation occurring in the workplace or who plead guilty or no contest to such charges must notify the Human Resources Department in writing within five (5) days of such conviction or plea. At the discretion of the County Nlanager, employees convicted or who plead guilty or no contest to workplace drug - related violations may be subject to termination or mandatory attendance and successful comple- tion of a drug abuse assistance or similar program as a condition of continued employment. As a condition of employment, employees must abide by this policy. Such condition of employ- ment does not create a contract of employment, but rather is a prerequisite to continued employ- ment. Any employee found in violation of this policy will be subject to disciplinary action, up to and including termination, and /or mandatory attendance and successful completion of a drug abuse assistance or similar program as a condition of continued employment. Other actions may be taken including notification of appropriate federal agencies that the county contracts or may contract with. Revised effective March 28, 1989 Resolution #89 -45 47