Bonita Springs Fire Control And Rescue District 780 Drug-Free Workplace Policy PDF

Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook 780 Drug-Free Workplace (as required by law in the Drug-Free Workplace Act, Section 112.0455 F.S. and the Drug-Free Workplace Program Requirements, Section 440.102 F.S.) Effective Date: 7/12/2010 Revision Date: 9/1/2011, 4/...

Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook 780 Drug-Free Workplace (as required by law in the Drug-Free Workplace Act, Section 112.0455 F.S. and the Drug-Free Workplace Program Requirements, Section 440.102 F.S.) Effective Date: 7/12/2010 Revision Date: 9/1/2011, 4/14/2014 The purpose of this policy is: To establish and maintain a safe, healthy working environment for all employees To ensure the reputation of the District and its employees as good, responsible citizens worthy of the trust placed in them by the citizens within the District To reduce the incidence of accidental injury to persons or property To reduce absenteeism, tardiness, and indifferent job performance To provide assistance toward rehabilitation for any employee who seeks the District's help in overcoming any addiction to, dependence on, or problem with alcohol or drugs The Bonita Springs Fire Control and Rescue District is firmly committed to maintaining a safe working environment for all of its employees. Safety must be a part of the planning for every employee’s job. Accordingly, employees are required to notify the Deputy Chief of EMS if they are required to take any controlled substances as stated in DOT Rule 49 CFR Part 40 Section 40.85 to include marijuana metabolites, cocaine metabolites, amphetamines, opiate metabolites, phencyclidine (PCP) or drugs that may affect their ability to perform their job duties in a safe and efficient manner. Prescription medication shall only be used at work with a physician’s approval. While on the District premises and while conducting business-related activities off the District premises, no employee may use, possess, distribute, sell, or be under the influence of alcohol or illegal drugs. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace. Violations of this policy may lead to disciplinary action, up to and including immediate termination of employment with just cause, and/or required participation in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences. Definitions "Alcohol abuse" means the use of alcohol or alcoholic beverages, on or off duty, which impairs or adversely affects the Employee's ability to perform his/her job duties. The use or being under the influence of alcohol or alcoholic beverages on the job by employees is strictly prohibited. "Drug abuse" means the use of any controlled substance as defined in Section 893.03, F.S., as amended from time to time, not pursuant to a lawful prescription. The term drug abuse also includes the commission of any act prohibited by Chapter 893, F.S., as amended from time to time. "Illegal drugs" means any controlled substance as defined in Section 893.03, F.S., as amended from time to time, not possessed or taken in accordance with a lawful prescription. Page 97 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook "Department of Health and Human Services (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs" means those guidelines as printed in the April 11, 1988 Federal Register (53 FR 11970), as they may be amended from time to time. "Reasonable suspicion" is a suspicion which is based on specific, objective facts derived from the surrounding circumstances from which it is reasonable to infer that further investigation is warranted. Circumstances Warranting Testing The District may require an employee to submit to drug and alcohol testing under any of the following circumstances: Whenever two managerial or supervisory employees concur that there is a reasonable suspicion that an employee is using, under the influence of, or in possession of illegal drugs or alcohol while on duty; or that the Employee is abusing alcohol or illegal drugs and the abuse either adversely affects his/her job performance or represents a threat to the safety of the Employee, his/her co-workers, or the public. Whenever an employee who is operating a District vehicle, or operating any vehicle while engaged in business for the District, is involved in an accident involving personal injury or property damage which could result in liability of, or loss to the District. Testing Procedures Whenever an employee who is subjected to reasonable suspicion testing tests positive, the District shall summarize, in writing, the basis for the reasonable suspicion. A copy of the summary shall be provided to the Employee. Whenever an employee is required to provide urine specimens or elects to provide blood for these testing procedures, the specimen will be divided into two samples at the time of collection in order to facilitate the testing procedures described in this section. Threshold Levels Alcohol: If at the time such tests are performed, there was .08 percent or more by weight of alcohol in the Employee's blood, that fact shall be prima facie evidence that the Employee was under the influence of alcohol to the extent that his ability to perform his/her job was impaired. The foregoing provisions of this subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the Employee was under the influence of alcohol to the extent that his/her normal faculties were impaired. For illegal drugs, the threshold level or cut-off limit shall be established in accordance with Department of Health and Human Services (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Guidelines) or in accordance with generally accepted medical procedures where such limits have not been established by the HHS Guidelines. Page 98 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook In testing for the presence of alcohol, the District shall use a generally accepted breath analysis procedure using breath analysis equipment that conforms to National Highway Safety Administration (NHSA) Standards (49 FR 48855) and to any applicable state statutes. If the Employee requests a blood test, as provided for below, the District shall use a generally accepted blood test procedure which produces quantitative results showing the amount of alcohol present in the blood. The following procedure shall be followed: The initial testing for the presence of alcohol will be done using breath analysis equipment If the initial result is positive, the Employee may request to have a blood test done In testing for the presence of illegal drugs, the District shall adopt the following procedures to the extent that they are not inconsistent with the HHS Guidelines: The District shall submit the first of the samples to an immunochemical assay or radioimmunoassay test. If the results of this test are negative, no further testing will be required. If the results of the initial test are positive, the District will submit the same sample for further testing using the gas chromatography, thin layer chromatography, or gas chromatography/mass spectrometry (GC/MS) method to verify the initial test results. The District will not notify any person about the initial positive results, until it has been confirmed as provided for in this section. All drug testing shall be done by a lab certified by either the State of Florida Agency for Health Care Administration or the National Institute of Drug Abuse (NIDA). If the results of the initial alcohol test or the second test for illegal drugs are positive the District shall promptly notify the Employee of the results. At that time, the Employee may elect to have the second sample subjected to further testing. If the tests on the second sample are positive, or if the Employee does not request testing of the second sample, the District may take corrective and rehabilitative action as provided for in this article, and/or disciplinary action where appropriate. Rehabilitation/Corrective Action The District may require an employee who has tested positive for the presence of alcohol and/or illegal drugs to submit to counseling or other rehabilitative treatment as a condition of continued employment. This section shall not be construed to limit the District's right to take appropriate disciplinary action when an employee tests positive for the presence of alcohol and/or illegal drugs. Any employee, who refuses to submit to alcohol and/or substance abuse testing as required by this article, shall be subject to discipline, up to and including discharge from employment with just cause. General The District will pay the cost of any physical examinations and tests required by this policy. Physical examinations and/or blood/breath/urine specimens required by this policy will normally be obtained while the Employee is on duty. If an employee is required to submit to examinations or testing, other than during normal duty hours, the Employee shall be paid for all time required for the examination and/or testing. The physical examinations and tests will be performed by medical personnel selected by the District. Page 99 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook Employees who are required by this policy to take a breath or urine test, or who elect to take a blood test or physical examination, shall be required to sign an authorization releasing the records of such examinations and tests to those managers or officials whose job requires direct access to such information. Disclosure of test results to any other person, agency, or organization is prohibited unless written authorization is obtained from the Employee. The District will, to the extent permitted by law, endeavor to keep the results of any testing required by this article confidential. Furthermore, any results of positive testing, which the District later determines have been refuted, shall have affixed thereto the subsequent refutation. Test results shall be considered confidential medical records. Page 100 of 145