Drug and Alcohol Policy

Introduction

• This policy prohibits employees from being on duty under the influence of drugs or alcohol
• The purpose to provide guidance for employees, supervisors, and managers regarding deterrence, detection, rehabilitation, and enforcement related to drug and alcohol use
• The policy applies to all employees of the County of Los Angeles Fire Department
• The Deputy Chief of the Administrative Services Bureau is responsible for the content, revision, and annual review

Definitions

• Abuse of alcohol means excessive liquor use that impairs job performance
• Drugs refer to all illegal and controlled substances, including prescribed medication
• A drug/alcohol test involves providing a urine sample to detect drugs or alcohol
• Reasonable suspicion is a belief based on objective evidence of impaired job performance due to drug or alcohol use

Commercial and Non-Commercial Vehicle Operators

• It is unlawful for commercial vehicle operators to drive with a BAC of 0.04% or higher
• There is a rebuttable presumption of being under the influence if the BAC is 0.04% or higher within three hours after driving
• For non-commercial vehicle operators, it is unlawful to drive with a BAC of 0.08% or higher
• There is a rebuttable presumption of being under the influence if the BAC is 0.08% or higher within three hours after driving

Employee Responsibilities

• Employees cannot use illegal drugs or report to duty under the influence of illegal drugs
• Employees cannot consume alcohol while on duty or report under the influence of alcohol
• Employees with a BAC of 0.08% or higher are legally considered "under the influence"; for commercial drivers, it's 0.04% when operating a commercial vehicle
• Refrain from drinking at least 12 hours before starting work to avoid being under the influence while on duty
• Employees must avoid reporting to duty if a prescribed medication impairs safety or job performance
• Employees cannot possess or bring alcohol, drugs, or controlled substances onto Departmental premises, unless it is a prescribed medication that does not impair job performance
• Employees should advise their supervisors if they become aware of another employee's illegal drug use or possession
• Employees must submit to drug/alcohol screening when ordered based on reasonable suspicion
• Employees must report to special detail assignments until drug/alcohol test results are confirmed

Supervisor Responsibilities

• Supervisors must contact their supervisor immediately if they suspect an on-duty employee is under the influence of drugs or alcohol
• Supervisors must prepare a Supervisor’s Report of Reasonable Suspicion (Form 701) and give it to their supervisor upon arrival at the work location
• Supervisors must call local law enforcement if an employee becomes violent or presents an imminent danger

Battalion Chief/Section Head Responsibilities

• Battalion Chiefs/Section Heads must confirm reasonable suspicion by observing the employee and signing the Supervisor’s Report of Reasonable Suspicion (Form 701)
• If a personal observation is not possible, a second supervisor, manager, or reliable witness can confirm reasonable suspicion
• Battalion Chiefs/Section Heads must confer with the employee and inform them that a drug/alcohol urine test is necessary due to existing reasonable suspicion of being under the influence while on duty
• The employee has the right to representation
• Further action should be deferred pending representative arrival (up to four hours)
• The employee can explain the behavior or appearance
• Provide employee a signed copy of the Supervisor’s Report of Reasonable Suspicion
• Battalion Chiefs/Section Heads must contact the Bureau Chief (or duty Deputy Chief after hours) and request authorization for drug/alcohol testing if the employee's explanation is insufficient
• Issue a direct verbal order for drug/alcohol testing and confirm it with a completed "Order for Drug Alcohol Testing" form Form 702
• Refusal to test constitutes rebuttable evidence of being under the influence on duty
• Report the incident to the Assistant Fire Chief or Bureau Chief
• Document the refusal on Form 702
• Contact the Employee Relations Office to arrange for a representative to meet the employee
• Transport the employee to a designated medical facility for urine sample collection and instruct someone other than the employee’s supervisor to assist in transporting
• Return the employee to the work location after the drug/alcohol test

Bureau Chief Responsibilites

• Bureau Chiefs must instruct the employee to be temporarily assigned to administrative duties pending the drug/alcohol test results, based on the Bureau Chief’s decision
• If an employee is unfit for office duties, the employee, in the presence of a witness, is relieved from duty
• Request the employee call a family member or friend for transportation, or arrange alternative transportation
• Employees should be warned that local law enforcement will be informed if they drive away from the work location in an impaired condition
• Bureau Chiefs must prepare a narrative report to the Assistant Fire/Division Chief describing actions taken during the drug/alcohol testing process and any unusual events

Assistant Fire Chief/Division Chief Responsibilities

• Assistant Fire Chiefs/Division Chiefs must review all information regarding reasonable suspicion and request authorization from the Bureau Chief (or duty Deputy Chief after hours) to order an employee to submit to drug/alcohol testing

Bureau Chief Responsibilities

• Bureau Chiefs must review and authorize requests for drug/alcohol testing
• Bureau Chiefs must place any employee who has undergone drug/alcohol testing on administrative detail pending lab results
• Initiate administrative and disciplinary action based on drug/alcohol testing results

Policy

• Reporting for duty under the influence of drugs or alcohol is strictly prohibited
• Employees who present reasonable suspicion of being under the influence while on duty must provide a urine sample
• Candidates for specific positions like Firefighter, Fire Dispatcher I/II, Fire Fighting Construction Equipment Operator, and Pilot, Fire Services must pass a drug test before appointment and will also be subject to up to four random drug/alcohol tests during their probationary period
• Some candidate positions must pass a drug/alcohol test prior to appointment, but will not be subject to random testing (Heavy Truck Driver, Medium Truck Driver, Light Vehicle Driver, Transportation Truck Driver)
• Positive drug/alcohol test results may result in disciplinary action, including discharge
• Reporting for duty when a prescription impairs job performance is prohibited
• The Department will periodically provide educational programs on the dangers of drug and alcohol abuse
• Information on drug/alcohol treatment programs is confidentially available
• Reasonable suspicion must be based on objective evidence
• This includes unusual behavior and temperament like inappropriate laughter, hyperactivity, or combativeness
• This includes speech issues such as slurred, rambling, confused, or incoherent
• This includes balance and walking issues such as staggering, stumbling, or impaired dexterity
• This includes alertness issues such as deep sleep, drowsiness, or failure to comprehend instructions
• This includes unusual physical signs such as breath/body odor or bloodshot eyes
• Possession of drugs, drug paraphernalia, or alcohol on duty is prohibited

Employee Assistance

• Employees can seek assistance from the Department for drug/alcohol related problems
• These include referrals to rehabilitation programs such as the Employee Assistance Program (EAP), or Alcoholics Anonymous, however, service charges are the employee's responsibility
• They include approved medical leave with unscheduled drug/alcohol testing for two years of return, with use of sick leave during absence, and weekly contact with the supervisor
• Participation in an EAP or other treatment program does not prevent disciplinary action for policy violations

Procedures

• Supervisors must notify the next-in-line supervisor immediately if drug or alcohol impairment is suspected
• The next-in-line supervisor must confirm the reasonable suspicion and request authority for drug/alcohol testing
• Drug/Alcohol testing must follow County and Coalition of Unions protocols
• Laboratory reporting procedures must follow the agreement in Sections 5 and 6 between the County and the Coalition of Unions
• The County Medical Review Officer will review positive drug/alcohol test results, interviewing the employee if wished, before reporting to the Department
• Referral for drug/alcohol testing and the results are confidential between the Department and the employee
• Assistance with rehabilitation programs can be received from the Department’s Health Programs Coordinator or a peer counselor and the Family Assistance Hot Line at (800) 281-8408 after hours