Page 89 - Employee Handbook 1-2015 rev9

determine if an employee has a prohibited alcohol concentration. A screening test will be
conducted first. If the result is less than 0.02 alcohol concentration, the test is considered
"negative". If the alcohol concentration is 0.02 or greater, a second confirmation test will be
conducted with the results verified, in writing, by the Breath Alcohol Technician and the
employee tested. The second confirmation test will determine what action the City takes in this
matter.

5(b) Drug Test

Testing shall be performed to determine whether the employee has engaged in drug use
prohibited by Article I, Section 26 of the City of Winston-Salem Personnel Resolution. An
initial drug test screen will be conducted, followed by a confirmation test, which the City refers
to as a positive drug test in its policy. A urine test shall be used to determine compliance with the
City's policy and to be in accordance with the Omnibus Transportation Act of 1991 which covers
CDL operations. A strict chain of custody will be maintained in accordance with Section 26(k)
of the Personnel Resolution. An employee who refuses to submit to a drug test will be subject to
termination.

All drug tests results for those employees required to hold a CDL will be forwarded to the
MRO for review. In all cases, the employee will have an opportunity to discuss a positive test
result with the MRO, if so desired. No employee, who has been required to submit to a drug
and/or alcohol test(s) based upon reasonable suspicion, an accident, or as a follow up or return to
duty, shall be allowed to operate a city vehicle or engage in a safety sensitive function until after
the supervisor has received notification of a negative test result and has authorized the employee
to drive. An employee who has been randomly selected for a drug and/or alcohol test shall
return to duty until such time the Human Resources Director receives notification of a positive
test(s) result(s). Upon notification, the employee shall not be allowed to operate a city vehicle or
engage in a safety sensitive function. An employee who tests positive for drugs shall be
suspended pending termination. An employee who tests positive for alcohol shall be subject to
disciplinary action up to and including termination and shall be required to participate in the
EAP, if not terminated.

A tested employee who desires a retest must, within ninety (90) days of receipt of
notification of the positive test result, request to have the split specimen as defined in the
Department of Transportation regulations on workplace drug and alcohol testing sent to a second
approved laboratory as defined by Section 26(a)(8) of the Personnel Resolution. In order to
ensure that the retest is performed, the City will initially pay for the cost of the retest; however,
the employee, as permitted by the Department of Transportation regulations and the North
Carolina Controlled Substances Examination Act, is ultimately responsible for reimbursing the
City for said costs.

After review by the MRO, positive confirmations will be communicated, in writing, to
the appropriate Department Head by the Human Resources Director. The Department Head or
his/her designee will take disciplinary action. Appeals of disciplinary actions may be submitted
in accordance with the City's adopted Grievance Procedure.

80
City of Winston-Salem Employee Handbook (January 2015 Revision)