CALDWELL APPROVES DRUG RULES

Some County Workers Face Testing

LENOIR - Caldwell County's first-ever substance abuse policy, county
officials hope, will be more deterrent than punishment.

The county doesn't appear to have any serious drug or alcohol problems
among its employees, and there was no particular reason for the timing,
said county Human Resources Director David Hill, who drew it up.

But it was something the county needed to do, said county commissioner Herb
Greene. "Having a policy in place," Greene said, "is like having a silent
supervisor."

Commissioners unanimously adopted the policy Monday; it will take effect
Sept. 1.

Under the policy, the county will randomly test some, but not all, of its
employees.

Those who are subject to random testing include sheriff's deputies, drivers
and some public works employees -- essentially, workers who hold
"safety-sensitive" jobs, those that involve guns, vehicles or heavy
machinery and carry a risk of serious injury or death.

Courts generally have held that random tests of other employees violate the
employees' Fourth-Amendment protection against unreasonable searches, Hill
said.

Commission Chairman Tim Sanders, though he voted to adopt the policy, shook
his head in disgust at the restriction. "That just blows my mind, that you
can't randomly test your employees, public or private," Sanders said. "We
(in government) ought to be setting an example."

All employees, though, are subject to testing after accidents and if a
supervisor has reasonable suspicion -- if he notices, for example, slurred
speech, erratic behavior or the smell of alcohol -- that an employee has
been using drugs or alcohol. In addition, all finalists for full-or
part-time county jobs must go through drug screenings before they're hired.

Anyone who tests positive or refuses to take the test can be fired. Anyone
who isn't fired will be suspended for five days without pay, placed on
180-day probation and automatically referred to drug or alcohol
rehabilitation. A second positive test within five years of the first means
firing.

The county will pay for the testing. Hill suggested a local firm that
charges $55 per test, but commissioners advised him to shop around for a
cheaper rate.