3.5 SUBSTANCE TESTS.docx

ARTICLE 3.5 SUBSTANCE TESTS Substance Abuse Illicit substance or drug abuse by employees of the Department is unacceptable and censurable conduct worthy of strong disciplinary action, up to and including termination. Section 1 - General Prohibition and "For Cause" Testing A. Reasonable Suspicion...

ARTICLE 3.5 SUBSTANCE TESTS Substance Abuse Illicit substance or drug abuse by employees of the Department is unacceptable and censurable conduct worthy of strong disciplinary action, up to and including termination. Section 1 - General Prohibition and "For Cause" Testing A. Reasonable Suspicion An employee may only be required to submit to a field sobriety examination, blood, breath or urine test for the purposes of determining the presence of a narcotic, drug, or alcohol when: 1. The employee exhibits objective symptoms of being under the influence of alcohol and/or a narcotic or drug; or 2. There is a reasonable and articulable suspicion that the employee has ingested, inhaled, or absorbed by the body in any other manner an alcoholic beverage, narcotic, or drug. For Cause testing shall be at the guidance and advice of Internal Affairs Group. B. Procedures for “For Cause” Testing In the event of any such test, the employee shall be entitled to the following protections and procedures: 1. Sample collection shall be monitored in an atmosphere of privacy and dignity. 2. Sample collection shall be conducted in such a way as to ensure a tamperproof sample. In the event a sample has been tampered with or a seal broken prior to the lab analysis, the sample shall be declared void and the employee may be immediately retested. 3. Samples collected from employees “for cause” will be booked at Property Division in a sealed Analyzed Evidence envelope (refrigerated). The investigator booking the sample will contact the Officer-In-Charge of Forensic Science Division (FSD), Toxicology Unit to request analysis. 4. The Department shall ensure that any non-sworn departmental personnel involved in the handling or testing of samples shall not have any prior felony convictions. 13 MOU24-22 5. When drug influence is suspected and the sole basis of the investigation consists of reasonable suspicion, a Drug Recognition Expert (DRE) who holds a supervisory rank shall administer the examination. If a DRE with supervisory rank is unavailable, the examination may be performed by a DRE of non-supervisory rank at the direction of a Department supervisor. C. Sample Collection 1. Blood Sample a. Blood samples should be collected in two separate samples labeled “A Sample” and “B Sample.” b. Each sample should be booked as separate item numbers with the “A Sample” being booked as item 1 and the “B Sample” being booked as item 2. c. FSD will test the “A Sample”, leaving the “B Sample” for the employee. Employees who test positive for one or more drugs based on the confirmation test will be given an opportunity to have a portion of the “B Sample” retested by an accredited chemical laboratory at City expense. Upon the request of the employee, FSD will provide a list of accredited laboratories to the employee, if the employee chooses to have the “B Sample” retested. The sample will be sent to a laboratory selected from that list by FSD. The “B Sample” will be released by FSD to an authorized agent of the laboratory or sent to the selected laboratory by overnight mail. d. If the accredited outside laboratory reaches a different conclusion than FSD after testing the sample, a different accredited outside laboratory will be requested to test the sample a third time at City expense using the selection process outlined above. The findings of the third laboratory will be final and conclusive. e. All samples will be held for one year from the date of collection and then disposed of by Property Division, unless there is no final disposition to the case. 2. Urine Sample a. An employee of the same sex as the employee being tested shall be responsible for collecting the urine sample. b. The urine specimen will be split into an “A Sample” and a “B Sample” by the employee collecting the sample. Each sample should be 14 MOU24-22 booked as separate item numbers with the “A Sample” being booked as item 1 and the “B Sample” being booked as item 2. c. FSD will test the “A Sample.” The “B Sample” will be stored in Property Division until requested by the employee for outside laboratory testing, at City expense. Upon the request of the employee, FSD will provide a list of accredited laboratories. The “B Sample” will be released by FSD to an authorized agent of the laboratory or sent to the selected laboratory by overnight mail. d. If the accredited outside laboratory reaches a different conclusion than FSD after testing the sample, a different accredited outside laboratory will be requested to test the sample a third time at City expense using the selection process outlined above. The findings of the third laboratory will be final and conclusive. e. All samples will be held for one year from the date of collection and then disposed of by Property Division, unless there is no final disposition to the case. 3. Breath Sample When a breath analyzer is used, a test shall consist of at least two breath samples. D. Notwithstanding any other provision of this Article, the Department shall also have the discretion to order any sworn employee to submit only to a blood, breath or urine test for the purposes of determining the presence of a narcotic, drug or alcohol on a random basis (to the extent allowed by law). These tests will be conducted in the manner set forth in Section 2 below. The exercise of this discretion by the Department shall be deemed a term and condition of such employee's employment and need not be supported by any showing of cause. If any employee is ordered to submit to these tests involuntarily, the evidence obtained shall be used for administrative purposes only. E. If any employee requests a representative prior to submitting to a substance test, the employee shall be permitted to consult with a representative telephonically; and the employee shall be permitted to have a representative present, provided that such representative is able to arrive at the scene within two hours of the telephonic contact. If, while awaiting a representative, the employee must relieve himself or herself, the employee must provide a sample to be held by Department representatives pending the employee's receipt of advice; provided, however, that such sample shall be returned immediately to the employee without analysis in the 15 MOU24-22 event the employee chooses, after advice, to "refuse" a test. Refusal to obey an order to submit to a test as defined in Paragraph A of this Section may result in disciplinary action for insubordination up to and including termination. Section 2 - Police Officer “Random” Drug Testing Program A. Procedures The Department’s Police Officer Drug Testing Program was developed to ensure it is as effective, fair, accurate and un-intrusive as possible. Consequently, the following procedures will be implemented: 1. Probationary Employee Procedures a. All entry level probationary employees will be tested, on a random basis, a maximum of six times during their probationary period. b. Probationary employees will only be tested twice unless their "testing entity" is randomly selected. c. Entry-level probationary employees will initially be selected for testing while undergoing recruit officer training at the Academy. The second test will be administered once the individual has graduated and has been assigned to field duties. MLS personnel will ensure this occurs. Additionally, all probationary police officers will be eligible for unscheduled random selection and testing throughout their probationary period. d. The selection of employees for testing will occur on a random basis by utilizing a computer-generated random numbers program written by employees of Information Technology Division (ITD). 2. Tenured Police Officer Procedures a. All tenured police officers will be tested, on a random basis, up to three times a year. b. The selection of test subjects will be conducted by computer without human intervention, so that up to 100 tests are conducted every week, in addition to the tests required by the Department of Transportation and those tests administered to probationary police officers. 3. All Employees - The following shall apply to employees subject to testing in Paragraphs 1 and 2 above: 16 MOU24-22 a. The collection and maintenance of samples will be conducted by trained professionals to prevent errors. b. Analysis of samples will be completed by employees of FSD using standard operating procedures. c. Test subjects will be allowed to have a positive confirmation test sample retested by an accredited laboratory. B. Administration of the “Random” Drug Testing Program Medical Liaison Section (MLS), Personnel Division, is the most appropriate Department entity to administer the Police Officer Drug Testing Program for the following reasons: 1. The administration of the program will be carried out on a twenty-four-hoursper-day, seven-days-a-week basis. This responsibility can best be fulfilled by MLS personnel deployed during a Day Watch and "floating" PM/AM Watch. 2. The collection of samples by MLS personnel, as opposed to some other administrative or investigative unit, may help to diminish program resistance. The Commanding Officer, Personnel Division, will be designated as the Drug Testing Coordinator and the Officer-in-Charge, Medical Liaison Section, will coordinate the daily activities of the program. The collection of samples and the liaison between Personnel Division and test subjects will be assigned only to sworn MLS personnel assigned to the Drug Test Unit (DTU). Note: All persons associated with the administration of the Police Officer Drug Testing Program will be apprised of the importance of maintaining the confidentiality of all information related to substance testing. Any employee who breaches this trust will be dealt with through the disciplinary process. C. Test Population and Selection Process Test subjects for this random urinalysis program will include all sworn personnel of the rank of Lieutenant or below. Random numbers tables will be utilized to assign a confidential test identification number to each employee. A listing of each individual’s name, serial number, and his/her confidential test identification number will be generated and presented only to the staff of MLS. The employee’s social security number will not be displayed on the listing. 17 MOU24-22 Confidential test identification numbers will then be randomly selected by the computer on a monthly basis. The employees whose names match those identification numbers will then be tested for drugs at some point during that month. At the end of the month, the list will expire and a new list will be generated for the following month. The computer program shall ensure that no probationary employee is tested more than six times during their probationary period and no tenured employee will be tested more than three times in one year. D. Sample Collection Medical Liaison Section sworn personnel will be responsible for the actual urine collection process. When directed by the Drug Testing Coordinator, they will report to Training Division or an Area/division prior to the beginning of a specific watch to test employees. They will have a copy of a Department Drug Monitoring Log which will list the names and corresponding serial numbers and confidential test numbers of those officers to be tested that day. The DTU will test whoever is on the list, probationer or tenured employee. The Drug Test Officer maintains possession of the Department Drug Monitoring Log, and provides the names of the employees subject to testing to the Watch Commander or Officer-In-Charge. At the test location, MLS personnel shall inform the Commanding Officer, or the highest ranking officer present, of the reason for their presence. A determination will be made as to the availability of the employees. When an employee is not working (regular day off, vacation, etc.) or is unavailable (court attendance, booking of a suspect, etc.), MLS personnel will ensure that the employee is tested upon the employee's return to the work site as long as the employee’s name remains on the current list. The highest ranking officer available will be aware of the name(s) of the officer(s) to be tested upon return to the station. The MLS employee will request that an officer of the rank of Sergeant I or Detective II or higher from the Area/division be assigned to the collection process. The division/Area supervisor will be responsible for notifying the available officers of the test and assuring that they immediately report to the MLS employee for processing. Verification of employee identification will be made through the presentation of appropriate identification (Los Angeles Police Identification Card, California Driver's License, etc.) by each employee. An MLS employee of the same sex as the employee being tested will accompany the employee to a Department restroom facility. Once inside the restroom facility, the MLS employee will provide the employee with a Department-approved urine sample container. The container will have affixed to it a label which reflects the employee’s corresponding confidential test number. The employee will be 18 MOU24-22 directed/ordered to provide a urine sample. The sample collection shall be monitored by the MLS employee in an atmosphere of privacy and dignity. Note: Refusal to obey the order may result in disciplinary action for insubordination up to and including termination. Employees will be required to provide at least 50 cubic centimeters of urine for testing purposes. Employees who are initially unable to provide a sufficient quantity of urine will be required to remain under the supervision of the MLS employee until a sufficient quantity can be deposited. The MLS employee shall substantiate all overtime worked due to urine sample collection, which must be approved by a supervisor. All tested employees will be admonished that disciplinary action will be taken if an employee attempts to dilute or, in any way, tamper with a urine sample. The provided sample will be divided between two sample containers, each labeled with the tested employee’s corresponding confidential test number. The sample will be divided by the tested employee in the presence of the MLS employee. In the presence of the MLS employee, the employee will be required to place and secure a lid on each urine sample container. The employee’s right thumb print will then be inked and rolled on two specially prepared gummed labels by the MLS employee who monitored the test. The tested employee will then affix the labels to each urine sample container. The containers will then display the employee’s confidential test identification number and right thumb print for future identification purposes. Additionally, the MLS employee will sign and date two evidence seals and affix them to the containers and lid in the presence of the tested employee. This process will ensure a tamper-proof sample. In order to preserve the chain or continuity of evidence, the MLS employee monitoring the collection sample will be responsible for transporting the samples and will store them in a secure environment in Property Division. On a weekly basis, the samples will be delivered to FSD by MLS personnel, along with a copy of the FSD Confidential Drug Sample Report. The confidential test identification number of each tested employee will be used instead of the employee's name on Department documents to ensure confidentiality. Medical Liaison Section will maintain the second sample in a secure environment in Property Division until notified by the investigator that the sample may be disposed of. If long-term storage is required for positive samples, they will be booked into Property Division by the investigator. 19 MOU24-22 E. Testing of Urine In order to preserve the chain of custody, urine samples will only be released directly to FSD Toxicology personnel. Medical Liaison Section employees will provide FSD with a Confidential Drug Sample Report with each delivery of samples. Forensic Science Division personnel will complete the form as they test each sample. Samples collected under the Police Officer Drug Testing Program will undergo the same two-stage testing process as currently utilized for police officer applicant testing. At a minimum, the following seven classes of drugs will be screened and confirmed by this process: 1. PCP 2. Cocaine Metabolites 3. Opiate Metabolites 4. Barbiturates 5. Amphetamines 6. Cannabis Metabolites 7. Benzodiazepines (Valium, Ativan, Xanax, etc). The Department uses an Immunoassay process to initially screen all urine samples for drugs. If a sample tests positive, Gas Chromatography (GCMS) or Liquid Chromatography (HPLC/MS) is used to confirm the presence of the suspected drug(s). Urine sample analysis by FSD will be conducted within 30 days after receipt. Test results will be forwarded to the Drug Testing Coordinator via the FSD Confidential Drug Sample Report for review. Samples that test negative (no drug in urine) will be destroyed by the Toxicology Unit when testing is complete. Notification of the negative test results will be made via Department e-mail from the Drug Testing Coordinator to the tested employee within fourteen (14) days of the receipt of the test results. Testing of any urine sample shall be by a two-stage process, with the second stage analysis done only in the event of and to confirm a positive test result from the first stage analysis of the sample. Samples that test positive (drug in urine) based upon the confirmation test will be resealed by FSD and stored in a secure location in the Toxicology Unit. They will be maintained for a period of one year in a refrigerated state. The commanding officer of the employee testing positive will be notified immediately and will remove the employee from field duties pending appropriate action. Note: The Department uses the following screen test minimum concentrations for “Random” testing to determine whether a confirmation test will be performed. Any 20 MOU24-22 test, either screen or confirmation, that fails to meet the below listed minimum concentrations shall be considered a negative test. Samples that are positive for a drug at both stages of the analysis (screen and confirmation) at concentrations above those listed will be reported as “detected” for the drug class. F. Retest Process Employees who test positive for one or more drugs will be given the opportunity to have a portion of the sample retested by an accredited laboratory at City expense. Upon request of the concerned employee, FSD will provide a list of accredited laboratories. The sample will be tested by a laboratory selected from that list by the employee. The sample will be sent to the selected laboratory by FSD. If the outside laboratory reaches a different conclusion from FSD after testing the sample, a different reputable outside laboratory will be requested to test the sample a third time at City expense using the selection process outlined above. The findings of the third laboratory will be conclusive.