NAC 284.880 Definitions. (NRS 284.065, 284.155, 284.407)
As used in NAC 284.880 to 284.894, inclusive, unless the context otherwise requires:
1. "Employee" has the meaning ascribed to it in subsection 1 of NRS 284.4061.
2. "Screening test" has the meaning ascribed to it in subsection 2 of NRS 284.4061.
(Added to NAC by Dep't of Personnel, eff. 12-26-91; A by Personnel Comm'n by R066-09, 10-27-2009)
NAC 284.882 Administration of screening tests. (NRS 284.065, 284.155, 284.4065, 284.407)
A screening test to detect the general presence of:
1. A controlled substance must comply with:
(a) The
standards established by the United States Department of Health and Human
Services which are hereby adopted by reference. A copy of the standards is
available, without charge, from the United States Department of Health and
Human Services, Substance Abuse and Mental Health Services Administration,
Center for Substance Abuse Prevention, Division of Workplace Programs, 5600 Fishers Lane, Rockville,
Maryland 20857; and
(b) Any
supplementary standards and procedures established by the Commission.
2. Alcohol
by testing a person’s breath must be conducted using a breath-testing device approved
by the National Highway Traffic Safety Administration of the United States
Department of Transportation and listed on the
“Approved Evidential Breath Measurement Devices” webpage on the Internet
website maintained by the Office of Drug and Alcohol Policy and Compliance of
the United States Department of Transportation pursuant to 49 C.F.R. § 40.229.
(Added
to NAC by Dep’t of Personnel, eff. 12-26-91; A 10-27-97; R082-00, 8-2-2000; A
by Personnel Comm’n by R066-09, 10-27-2009; R009-11, 10-26-2011; R151-17,
6-26-2018)
NAC 284.884 Maximum allowable concentrations of alcohol in blood or breath of employee; confirmation of positive result on screening test of breath. (NRS 284.065, 284.155, 284.407)
1. An employee must not have a concentration of alcohol in his or her blood or breath greater than .02 gram by weight of alcohol per 100 milliliters of his or her blood or per 210 liters of his or her breath while on duty. Disciplinary action may be taken by the appointing authority in accordance with the provisions of NAC 284.638 to 284.6563, inclusive, if a screening test indicates that the concentration of alcohol in the blood or breath of the employee is greater than .02 gram by weight of alcohol per 100 milliliters of his or her blood or per 210 liters of his or her breath while on duty.
2. A positive result on a screening test of a person's breath must be confirmed by a second screening test. The second screening test must be conducted immediately after receipt of the positive result of the first screening test.
(Added to NAC by Dep't of Personnel, eff. 12-26-91; A by R058-01, 9-6-2001; A by Personnel Comm'n by R138-12, 10-4-2013)
NAC 284.886 Screening test for controlled substance required of applicant for position affecting public safety; exception. (NRS 284.065, 284.155, 284.407)
1. Except as otherwise provided in this section, an applicant for a position that is designated by the Personnel Commission as affecting public safety must submit to a screening test to detect the general presence of a controlled substance unless he or she is employed by the State in a position that is also designated as affecting public safety at the time he or she applies.
2. A person who has been laid off from a position affecting public safety and who is reemployed in a class affecting public safety within 1 year after the date he or she was laid off is not required to submit to a screening test pursuant to this section.
(Added to NAC by Dep't of Personnel, eff. 12-26-91; A 3-23-94)
NAC 284.888 Request for employee to submit to screening test: Objective facts constituting reasonable belief employee under influence;completion of required form. (NRS 284.065, 284.155, 284.4065, 284.407)
1. Objective
facts upon which an appointing authority may base a reasonable belief that an
employee is under the influence of alcohol or drugs which impair the ability of
the employee to perform his or her duties safely and efficiently include, but
are not limited to:
(a) Abnormal
conduct or erratic behavior by the employee that is not otherwise normally
explainable;
(b) The
odor of alcohol or a controlled substance on the breath of the employee;
(c) Observation
of the employee consuming alcohol; or
(d) Observation
of the employee possessing a controlled substance or using a controlled
substance that is reported by a credible source.
2. Except
as otherwise provided in subsection 3, before requiring an employee to submit
to a screening test, the supervisor of the employee must complete a form
provided by the Division of Human Resource Management.
3. The
provisions of subsection 2 do not apply if an appointing authority requests an
employee to submit to a screening test pursuant to subsection 2 of NRS
284.4065.
4. For
the purposes of subsection 2 of NRS 284.4065:
(a) “Substantial
damage to property” includes, but is not limited to:
(1) The
operation of a motor vehicle in such a manner as to cause more than $500 worth
of property damage; or
(2) The
operation of a motor vehicle in such a manner as to cause two crashes which
cause damage to property within a 1-year period.
(b) “Work-related
accident or injury” means an accident or injury that occurs in the course of
employment or that involves an employee on the premises of the workplace.
(Added
to NAC by Dep’t of Personnel, eff. 12-26-91; A by Personnel Comm’n by R066-09,
10-27-2009; R193-09, 4-20-2010; R010-11, 10-26-2011; R044-15, 12-21-2015, eff. 1-1-2016;
R119-17, 6-26-2018)
NAC 284.890 Transportation of employee to and from location of screening test. (NRS 284.065, 284.155, 284.407)
1. If an appointing authority requests an employee to submit to a
screening test based on a reasonable belief that the employee is under the influence
of alcohol or a controlled substance or any other drug and the employee has not
refused to submit to the screening test, the appointing authority shall
provide transportation for the employee to the location of the test.
2. After the employee submits to the screening
test, the appointing authority shall, as appropriate:
(a) Provide transportation for the employee to his or
her home;
(b) Assist
the employee in arranging his or her own transportation; or
(c) Arrange
for emergency medical assistance if the appointing authority or any other
person reasonably believes, based on objective facts, that the employee is in
need of emergency medical assistance.
(Added
to NAC by Dep’t of Personnel, eff. 12-26-91; A by Personnel Comm’n by R118-17,
10-25-2018)
NAC 284.892 Duties of employee who is referred to employee assistance program. (NRS 284.065, 284.155, 284.407)
1. If an employee is referred to an employee assistance program as a result of a positive result on a screening test or pursuant to NAC 284.653, he or she shall provide to the appointing authority:
(a) Evidence of his or her consultation with a counselor employed by an employee assistance program; and
(b) Any recommendation of the counselor with respect to his or her rehabilitation,
Ê within 5 working days after the date of the initial consultation.
2. The employee shall provide to the appointing authority on a monthly basis all recommendations of the counselor with respect to his or her rehabilitation.
3. The employee shall provide to the appointing authority evidence of his or her completion of any rehabilitation program recommended by the counselor within 5 working days after completing the program.
4. An employee who fails to provide evidence of his or her consultation with a counselor or successful completion of a rehabilitation program is subject to disciplinary action.
(Added to NAC by Dep't of Personnel, eff. 12-26-91; A 11-12-93)
NAC 284.893 Return to work of employee who tests positive for alcohol or controlled substance while on duty. (NRS 284.065, 284.155, 284.407)
1. The appointing authority of an employee who tests positive for the presence of alcohol or a controlled substance while on duty and who, as a result, is subject to disciplinary action pursuant to NAC 284.646 or 284.650 but is not terminated shall, before allowing the employee to return to work, require the employee to:
(a) Provide to the appointing authority documentation from a counselor who is licensed or certified pursuant to chapter 641C of NRS or another health care provider who has training or experience in substance abuse counseling, which verifies that the employee is able to return to duty and perform the essential functions of his or her job.
(b) Submit to a screening test.
2. The employee is responsible for the cost of any:
(a) Counseling services the employee receives to verify that the employee is able to return to duty and perform the essential functions of his or her job and any documentation of those services; and
(b) Screening test,
Ê required pursuant to subsection 1.
3. An employee who fails or refuses to submit to a screening test required pursuant to subsection 1 is subject to disciplinary action, including, without limitation, termination, at the discretion of the employee's appointing authority.
(Added to NAC by Personnel Comm'n by R066-09, eff. 10-27-2009; A by R195-09, 4-20-2010; R138-12, 10-4-2013)
NAC 284.894 Treatment of applicant who tests positive; treatment of employee who tests positive twice within 5-year period. (NRS 284.065, 284.155, 284.407)
1. An applicant who tests positive for the use of a controlled substance must not be considered by an appointing authority for employment in any position which requires such testing and must be removed from all lists of eligible persons established from a recruitment that requires such testing until:
(a) One year after the time of the positive test; or
(b) The applicant provides evidence that he or she has successfully completed a rehabilitation program for substance abuse.
2. An employee who tests positive for the use of a controlled substance or alcohol for the second time within a 5-year period is subject to disciplinary action by the appointing authority and may be terminated at the discretion of the appointing authority.
(Added to NAC by Dep't of Personnel, eff. 12-26-91; A 7-1-94; A by Personnel Comm'n by R194-09, 4-20-2010)