Houston Fire Department Controlled Substance & Alcohol Abuse Policy PDF

HOUSTON FIRE DEPARTMENT SUBJECT: CONTROLLED SUBSTANCE AND ALCOHOL ABUSE VOLUME NO. I ALL COMMANDS REFERENCE NO. I-06 SECTIONS 1.00-6.17 / APPENDIX...

HOUSTON FIRE DEPARTMENT SUBJECT: CONTROLLED SUBSTANCE AND ALCOHOL ABUSE VOLUME NO. I ALL COMMANDS REFERENCE NO. I-06 SECTIONS 1.00-6.17 / APPENDIX 1.00 PURPOSE 1.01 To provide employees the policies and procedures applicable to controlled substance and alcohol use. 1.02 To comply with Mayor’s Executive Order No. 1-12 “Amended Controlled Substance & Alcohol Abuse”, hereafter referred to as E.O. No. 1-12. 2.00 OBJECTIVES 2.01 To follow E.O. No. 1-12; which prohibits employees from reporting to work under the influence of alcohol or a controlled substance, possessing, selling or providing alcohol or a controlled substance (while on duty or on-call) to any person while such employee is on duty. 2.02 To provide an understanding of and the consequences for abuse of controlled substance(s) and/or alcohol. 2.03 To provide guidelines for follow-up, post-accident, pre-assignment, random, and reasonable-suspicion controlled substance testing of employees. 2.04 To provide guidelines for follow-up, post-accident, and reasonable-suspicion alcohol testing of employees. 2.05 To provide guidelines for steroid testing of Houston Fire Department (HFD) classified personnel, probationary personnel, academy trainees, and applicants. 2.06 To comply with the requirements of the Drug-Free Workplace Act of 1988. 2.07 To provide guidelines for employees who self-identify for a substance abuse problem before it affects their on-the-job performance. 3.00 DEFINITIONS 3.01 All definitions are contained in E.O. No. 1-12. 4.00 SCOPE 4.01 This directive applies to all HFD applicants, classified, and non-classified personnel. 5.00 RESPONSIBILITIES 5.01 The Fire Chief or designated appointee is responsible for: A. Identifying, in writing, an individual to serve as the Departmental Testing Coordinator (DTC) and any additional departmental employees who are authorized to obtain the confidential random lists and test results. I-06 Controlled Substance and Alcohol Abuse REVISED 12/04/2018 REVIEWED 7/10/2023 Page 1 of 11  B. Identifying positions selected to function as Designee for authorizing post-accident, reasonable suspicion, and/or return-to-work testing of members. C. Consulting with the Human Resources Director to identify positions for testing, which have an impact upon the safety of the public, employees, and others. D. Recommending and implementing disciplinary action up to and including indefinite suspension/termination when employees fail to comply with this guideline and/or E.O. No. 1-12. 5.02 The Designee responsible for authorizing: A. Reasonable-Suspicion testing shall be an: 1. Assistant Chief, during regular business hours. If available, this shall be the Assistant Chief of the affected division. 2. On-duty Shift Commander or equivalent rank from the affected division, during after hours, weekends, and/or holidays. After authorization is given, the authorizing Shift Commander shall provide email notification to the Assistant Chief of the affected division. B. Post-Accident testing shall be the: 1. On-duty District Chief investigating the accident. C. Return-to-Work testing shall be the: 1. On-duty District Chief or equivalent ranking supervisor who supervises the employee’s work location. 2. If the employee to be tested is a District Chief or Deputy Chief, the authorizing designee shall be the employee’s direct supervisor. 5.03 The Medical Review Officer (MRO) is responsible for: A. Reviewing and interpreting controlled substance test results from the laboratory. B. Informing employees of a positive test result, examining alternative acceptable medical explanations for any positive test result, and reviewing the results with the employee. C. Determining the final test result. D. Providing the Human Resources Director with controlled substance test results. E. Notifying the City Nurse of all positive test results. F. Assessing whether pharmacy-noted side effects of a controlled substance prescribed to an employee would impair the performance of his/her job duties. G. Consulting with city departments regarding alcohol/controlled substance testing. 5.04 The HFD Professional Standards Office is responsible for: A. Investigating all cases confirmed by the MRO as a positive test result. B. Maintaining confidential investigative files pertaining to positive alcohol and/or controlled substance test results. C. Enforcing provisions outlined in E.O. No. 1-12. 5.05 Departmental Testing Coordinator (DTC) is responsible for: A. Providing initial communication and training for HFD employees. B. Authorizing the random and/or follow-up testing of employees. C. Notifying the Departmental Supervisor of the employee who has been selected for random testing, including any follow-up testing. D. Providing the appropriate forms and/or instructions for all testing procedures and locations of collection sites. E. Obtaining the test results for HFD employees. F. Notifying the HFD Professional Standards Office of any confirmed positive test result. I-06 Controlled Substance and Alcohol Abuse REVISED 12/04/2018 REVIEWED 7/10/2023 Page 2 of 11  G. Notifying Departmental Supervisors of members who may return to safety impact roles after receiving a negative controlled substance test result from a post-accident, reasonable-suspicion, or return-to-work drug test. H. Ensuring the confidentiality and security of all test results, as well as all related test information. I. Submitting a monthly report to the Human Resources Physical Exam/Drug Testing Facility of all random controlled substance test results. J. Enforcing provisions outlined in E.O. No. 1-12. 5.06 Departmental Supervisors (District Chiefs or supervisors of equivalent rank) are responsible for: A. Notifying employees selected for a random controlled substance test. B. Ensuring all forms are completely documented and forwarded to the DTC within twenty-four (24) hours after authorizing return-to-work testing. C. Ensuring all forms are completely documented and forwarded to a Designee for authorization for reasonable-suspicion testing. D. Ensuring all forms are completely documented and shall authorize post-accident testing of the HFD driver when any of the conditions of 6.07C are met. E. Enforcing the provisions outlined in this guideline and E.O. No. 1-12. 5.07 The City of Houston will provide the initial referral to the EAP for employees who have self-identified as having a substance abuse problem, but the expenses resulting from treatment must be borne by the employee or the employee's medical care coverage plan. 5.08 Employees are responsible for: A. Complying with this guideline and E.O. No. 1-12 and assisting in keeping the workplace alcohol and drug free. B. Immediately report violations of this guideline and/or E.O No. 1-12 to a departmental supervisor. C. Notifying the DTC and providing the barcode number assigned by the testing facility after completing a random drug test. D. Seeking information, counseling, or assistance when the employee becomes aware that they may have an existing or potential alcohol and/or controlled substance usage problem. The City of Houston has made such services available through the Employee Assistance Program (EAP). An employee may request a referral to the EAP for assessment, counseling, and rehabilitation at any time prior to the notification of testing. Participation in the EAP is voluntary, encouraged, and confidential. No disciplinary action may be taken against an employee for failure to begin or complete the EAP. The HFD Firefighter Support Network is also available as a resource for department employees. E. Taking any type of medication and will be held strictly responsible for using prescription drugs prescribed for other persons (family members, friends, etc.). 1. If a positive test results from taking a prescription controlled substance (or any other type of medication) not prescribed for the employee, the employee will be subject to indefinite suspension and/or termination. 2. The Mayor’s E.O. No. 1-12 is enforced by any confirmed positive test for any banned substance. I-06 Controlled Substance and Alcohol Abuse REVISED 12/04/2018 REVIEWED 7/10/2023 Page 3 of 11  6.00 GUIDELINES 6.01 All HFD employees, regardless of rank or position, shall be subject to controlled substance and/or alcohol testing as outlined in E.O. No. 1-12. An employee shall be required to submit the appropriate sample at the time and place determined by the department. 6.02 Any employee who refuses to sign the consent forms, refuses to submit to a drug test, or fails to appear for a drug test at the time and place designated by the department, shall be subject to disciplinary action up to and including indefinite suspension. 6.03 Employees on duty and enrolled in an EAP shall not be exempt from disciplinary action due to the enforcement of this guideline and/or E.O. No. 1-12. 6.04 Follow-Up Testing: A. In addition to all other testing requirements, an employee who voluntarily identifies him/herself to the City as having a drug or alcohol abuse problem, shall be subject to random follow-up alcohol and/or controlled substance testing for a minimum of twenty-four (24) months and a maximum of sixty (60) months from the date the employee is released to return to work by the health care provider or EAP professional overseeing his/her rehabilitation. 6.05 Random Testing: A. No minimum notification time is required, other than that which is necessary for transportation purposes by the most direct route to the collection site. B. Employees shall be tested while on duty and have 2 hours from the time of notification to report to and sign-in at the collection site. C. Employees in safety impact positions and all classified personnel under Chapter 143 of the Texas Local Government Code are subject to random controlled substance testing. D. The selection of employees shall be made by a random computer selection process performed by an outside contractor. Each month the pool consists of 100% of all employees eligible for random testing; consequently, an employee may be randomly selected multiple times during any given period of time. E. The DTC shall notify the Departmental Supervisor, who in turn will notify the employees selected for random testing. F. The Station Officer will ensure all sections required on Forms 269 and 270 have been completed and signed by the employee, prior to the Officer signing Form 269. 1. For random testing, “NON-DOT Controlled substances only” shall be the only box checked for the Test Type. 6.06 Return-to-Work Drug Testing: A. An employee shall successfully pass a controlled substance test before being allowed to function in a safety impact position after returning to work from any absence or leave, including substitutions, of more than thirty (30) consecutive calendar days. B. When an employee meets this requirement, the Departmental Supervisor shall authorize and send this employee for testing on the first day the employee returns to work and will ensure the requirements listed in 6.10 are adhered to. 1. For return-to-work testing, “NON-DOT Controlled substances only” shall be the only box checked for the Test Type. 2. Forms 269, 270, and 277 shall be completed. I-06 Controlled Substance and Alcohol Abuse REVISED 12/04/2018 REVIEWED 7/10/2023 Page 4 of 11 6.07 Post-Accident Testing: A. All employees are subject to both alcohol and controlled substance testing after any type of accident on the job. Accidents are not limited to vehicular accidents, but may include any occurrence that results in lost time, personal injury or property damage, even if allegedly caused by a co-worker. B. If an accident requiring an employee to undergo post-accident testing occurs outside the employee’s assigned district, the investigating District Chief shall notify the employee’s assigned District Chief, to ensure the employee is temporarily removed from all safety impact positions. (Example: A-10 has a wreck in District-46 territory and the driver is drug tested. D-46 must notify D-83). 1. This provision also applies to any overtime, debit day, fill-in, or substituting employee who receives a post-accident alcohol and controlled substance test. C. The driver of any moving HFD vehicle shall receive alcohol and controlled substance testing if involved in a vehicle accident that results in any: 1. Bodily injury to any party involved that requires immediate medical treatment away from the scene (i.e. EMS Transport). 2. Disabling damage to any vehicle that requires that vehicle to be towed away. 3. Fatality. D. When any requirement listed under 6.07C has occurred, the District Chief investigating the accident shall notify OEC and request an Incident Safety Officer (ISO) to facilitate the post-accident testing process. E. The District Chief will complete and authorize the required documentation (Forms 269, 270, and 277), prior to the ISO’s arrival. 1. For post-accident testing, “NON-DOT Alcohol and Controlled Substances” shall be the only box checked for the Test Type. F. If the HFD driver is transported to the hospital, the District Chief will provide the ISO with the completed documentation required. The ISO will then report to the hospital and notify the proper personnel at the designated laboratory to respond to the hospital for specimen collection and testing of the injured HFD driver. 6.08 Reasonable-Suspicion Testing: A. All HFD classified personnel, probationary personnel, academy trainees, and applicants are also subject to reasonable-suspicion steroid testing. B. Usually, an employee’s immediate supervisor initially determines if reasonable- suspicion exists to request alcohol and/or controlled substance testing. The supervisor making the request shall notify his/her Departmental Supervisor and report the specific facts, symptoms, and/or observations that provide the basis for the reasonable suspicion. C. The Departmental Supervisor will fully document Form 277, which shall be forwarded through the chain of command to the appropriate Designee for authorization. This form is located on the HFD desktop in the forms list. D. A Designee shall sign Form 277 and require an employee to undergo alcohol and/or controlled substance testing if reasonable suspicion exists that the employee is in violation of E.O. No. 1-12. Reasonable suspicion means an articulable belief based on specific facts, reasonable inferences, or observations regarding the physical, behavioral or performance indicators of alcohol or drug use, including the employee’s speech, appearance, odors, actions, or performance. Circumstances which constitute a basis for determining that reasonable suspicion exists include, but are not limited to: I-06 Controlled Substance and Alcohol Abuse REVISED 12/04/2018 REVIEWED 7/10/2023 Page 5 of 11  1. Abnormal or erratic behavior. 2. Information provided by a reliable and credible source. 3. Direct observation of controlled substance and/or alcohol use. 4. Observing the physical symptoms of controlled substance and/or alcohol use (i.e., glassy, or bloodshot eyes, slurred speech, odor emanating from the body characteristic of alcohol or drug use, hyper/hypoactivity or hypersensitivity, poor motor coordination and/or slow or poor reflex responses differing from what is usually displayed by the employee). 5. Violent or threatening behavior. 6. Absenteeism and/or tardiness, when an employee has previously received disciplinary action for absenteeism and/or tardiness and has a continued poor work attendance record (within twelve months). E. When authorized, the Departmental Supervisor shall request an Incident Safety Officer (ISO) to transport the documentation and employee(s) listed in 6.09 to the collection site. F. The Departmental Supervisor shall ensure all required documentation (Form 269, 270, and 277) is completed prior to the ISOs arrival. 6.09 Process to facilitate Post-Accident or Reasonable-Suspicion Testing: A. Arrangements for obtaining a breath, urine, or hair sample from an employee shall be made as soon as practical following the decision and authorization to drug test. 1. When testing is required, the employee shall not drive and at least one supervisor shall accompany the employee to the collection site. 2. An ISO shall be requested to transport the employee to the collection site. The ISO may also fulfill the role of the accompanying supervisor. 3. The accompanying supervisor shall be of the same sex as the employee to be tested, or a witness of the same sex will also accompany the employee and the ISO to the collection site. 4. The ISO shall ensure all forms are correctly documented prior to transporting the employees listed above to the collection site. 5. The employee's specimen shall be tested at a City approved facility as listed and attached to Form 269. 6. After the specimen has been collected, the ISO will deliver the employee(s) back to their work location(s). 7. The ISO will forward the completed paperwork to the DTC within twenty-four (24) hours after testing. 6.10 Subsequent requirements for Post-Accident, Return-To-Work, or Reasonable- Suspicion Testing: A. The authorizing designee will ensure the original forms are forwarded to the DTC within 24 hours after the test is conducted. B. The authorizing designee shall notify the DTC and Assistant Chief of Human Resources by email of: 1. The type of test authorized; 2. The name and payroll number of the employee who was tested. C. The tested employee: 1. Cannot be put back to work doing a job that involves a safety impact role while awaiting test results. This includes all HFD classified employees and any non- classified employee with safety-sensitive job duties. I-06 Controlled Substance and Alcohol Abuse REVISED 12/04/2018 REVIEWED 7/10/2023 Page 6 of 11  2. Will return to his/her regular workstation but will not be permitted to drive any city vehicle, respond to any emergency call, work at any emergency incident scene, or fulfill any duties that involve interaction with the public. 3. Supervisors of non-classified personnel must decide whether the employee’s job has safety impact implications or if a temporary job should be assigned while awaiting test results. D. The DTC, after receiving an employee’s negative drug test result, will notify the designee and/or departmental supervisor that the employee is able to return to functioning in a safety impact position. 6.11 Employees who believe a co-worker is unable to perform his/her assigned duties because of controlled substance and/or alcohol abuse, must report their suspicions through their chain of command to the departmental supervisor. Controlled substances may include medications prescribed by a physician or other authorized health practitioner or sold over-the-counter. A. The reporting employee shall explain to the departmental supervisor the actions of the employee, and any other information that supports the suspicion that the employee is unfit to perform assigned duties, and that the use or abuse of alcohol/drugs is related to the employee's condition. B. If the employee satisfies the departmental supervisor that his/her condition is the result of using legally prescribed and/or over-the counter drugs, the departmental supervisor may dismiss the employee from duty for the remainder of the shift and charge the employee with sick leave; or, if the usage of a drug is due to a documented injury which occurred in the line of duty, the employee may be charged with disability leave (Workers’ Comp related leave). The employee will not be allowed to drive home. The departmental supervisor will arrange for the employee’s transportation home or to an agreed upon place of recovery. C. If there is insufficient evidence supporting the employee's contention that the condition is a result of legally prescribed or over-the-counter drugs, then the employee shall submit to controlled substance and/or alcohol testing as previously outlined for reasonable-suspicion testing. D. The sufficiency of evidence shall be determined by the Designee, and in every case, the departmental supervisor shall fully document all evidence that supports his/her request for reasonable-suspicion testing. E. If a test is ordered, the samples shall be collected immediately, in accordance with the procedures outlined above for reasonable-suspicion testing. F. If a supervisor elects to relieve an employee from duty, the employee may be subject to disciplinary action for violation of HFD Guidelines, Rules and Regulations, and/or Orders. G. In all instances, the decision of an officer or supervisor to relieve an employee from duty, as outlined above, will be fully documented and based on facts. All opinions must be supported by facts. A complete report of the incident shall be submitted to the DTC, Assistant Chief of Human Resources, and HFD Professional Standards Office on the following regular business day. H. In instances involving prescribed medication, the documentation shall include the Doctor's name, pharmacy, drug name, dosage, and the prescription number. I-06 Controlled Substance and Alcohol Abuse REVISED 12/04/2018 REVIEWED 7/10/2023 Page 7 of 11 6.12 Alcohol Screening and/or Controlled Substance Testing Procedures: A. Once an employee has been notified to take a test, unless hospitalized, no sick or other leave may be authorized until the collection process is complete. B. Before a test is administered, the employee is required to sign Form 269 “Drug Notification” and Form 270 “Employee Informed Consent”, permitting the release of test results to City officials. 1. The supervisor shall advise the employee, prior to asking the employee to sign the consent form, that refusing to consent to the drug test shall result in disciplinary action. 2. Forms 269 and 270 shall be completed and signed by the employee in the presence of the employee's supervisor or a departmental supervisor. 3. Locations and hours of operation for all City approved testing sites are listed and attached to Form 269. 4. The employee shall receive a copy of the signed consent and notification forms after the drug testing is completed. 5. If the employee refuses to sign the consent form, Testing Will Not Occur. 6. Upon refusal to sign, the employee shall be immediately relieved of duty with pay, pending an administrative investigation. 7. The Departmental Supervisor relieving a member of duty shall notify the DTC and HFD Professional Standards Office. 8. The Departmental Supervisor shall arrange for the employee to be taken home. 9. Any employee who refuses to consent to a drug test may be disciplined up to and including indefinite suspension. C. A notified employee may consult with anyone regarding the drug test, as long as the informed consent and the collection process are timely completed. D. Urine specimens collected at City approved collection sites: 1. A private restroom stall or similar enclosure shall be provided so that employees may not be viewed while providing the sample. 2. Street clothes, bags, briefcases, purses, or any other containers shall not be carried or allowed into the collection area. 3. The water in the commode at the collection site approved by the City may be colored with blue dye to protect against dilution of test samples. 4. Employees shall provide their own urine sample for testing purposes and shall not substitute anyone else’s urine for testing. E. When alcohol testing is required, a breath test shall be administered by a BAT utilizing DOT collection procedures to detect the presence of alcohol. Initial and confirmatory alcohol tests are administered with devices meeting the requirements of the National Highway Traffic Safety Administration’s (NHTSA) model specifications for alcohol screening devices. A confirmatory alcohol test must be conducted after the initial positive alcohol screen. F. Confidentiality: 1. All documentation regarding alcohol and/or controlled substance tests and their results are confidential, and access shall be on a need-to-know basis. Disclosure of test results to any other person, agency, or organization is prohibited unless written authorization is obtained from the employee. 2. Written consent from an employee is not required when records become the subject of a Civil Service Commission appeal or judicial proceeding. I-06 Controlled Substance and Alcohol Abuse REVISED 12/04/2018 REVIEWED 7/10/2023 Page 8 of 11  3. Failure to maintain confidentiality may lead to disciplinary action up to and including indefinite suspension/termination. 6.13 Positive Test Result: A. Upon receiving an employee’s positive test results from the laboratory, the MRO will inform the employee. 1. The MRO will review with the employee the positive test results, specify the controlled substance(s), and examine alternative acceptable medical explanations for any positive controlled substance(s) test result. The MRO will determine the final test result. 2. The results of a positive drug test shall not be released until the results are confirmed by the MRO. The MRO shall have the results of all positive drug tests delivered to the City Nurse and Human Resources Director. The City Nurse shall then provide the DTC with the results in a sealed envelope. The records of all drug test results shall be handled in accordance with applicable laws and regulations. 3. When the MRO, despite reasonable efforts, is unable to contact the employee concerning a potentially positive finding on the test results for a period of five (5) working days, the MRO will rule the test a presumed positive. 4. Drug test results may take 3-7 days to be returned, depending on how weekends and holidays fall in relation to when an employee was tested. 5. If an employee's positive test result has been confirmed, the employee shall be relieved of duty and subject to disciplinary action up to and including indefinite suspension. 6.14 Diluted Results: A. In an organization that encourages members to frequently hydrate, the possibility exists that a member will receive a “negative and diluted” test result. Such a result indicates that the urine sample cannot provide an accurate test result, thus the member must be re-tested per 6.14B. B. Where a drug screen is reported as being both negative and diluted to the MRO, the member will be contacted and requested to provide an immediate re-test. The result of the re-test becomes the test of record. 1. HFD classified personnel, probationary personnel, academy trainees, and applicants, will be re-tested by use of hair at the department’s expense. a. Upon receiving notification for a re-test, the employee shall report to the DTC at 1801 Smith St. (6th Floor) to receive instructions and the location of the testing laboratory. 2. All other non-classified employees will be retested by a second urine test. In the event the second test results in a negative and diluted sample, the employee may elect yet another test by use of hair or oral fluids, at the employee’s own expense, and the hair or oral fluids test becomes the test of record. C. To possibly prevent diluted test results, employees should adhere to the following when directed to provide a urine sample: 1. Liquid intake should be limited to no more than one (1) 12-ounce container of any kind per hour, or a total of 36-ounces of fluid over three (3) hours. Consuming more than these amounts will likely result in a diluted result. I-06 Controlled Substance and Alcohol Abuse REVISED 12/04/2018 REVIEWED 7/10/2023 Page 9 of 11  2. If an employee has already consumed more than the above limits upon notification, he/she should urinate as soon as practicable and then wait a minimum of one (1) hour, without drinking any additional fluids, before providing the sample. If the employee needs to urinate again during this one-hour period, he/she may do so. a. If the employee arrives at the collection site in less than one (1) hour, he/she shall advise the collection site staff of the above. The collection may be delayed in order to obtain an accurate sample. If the employee needs to urinate again during this one-hour period, he/she may do so and return to the waiting area. A sample will be collected from the first urination after the one-hour period. It is imperative, however, that the sample be provided within two (2) hours of the member receiving notification. 3. Although eating before arrival to the collection site is not required, eating may prevent urine dilution; especially for employees who continually drink fluids throughout the day. 6.15 City of Houston Policy Statement: The City of Houston strictly prohibits employees’ use or possession of controlled substances and/or alcohol. The City also prohibits arriving at work or working while still intoxicated from off-duty use of alcohol. The city encourages its employees to seek assistance for a substance abuse problem before it affects their job performance. 6.16 An employee subject to discipline for the violation of this guideline, or E.O. No. 1-12, shall have the same rights of a hearing and appeal as if disciplined for any other violation of City policy. 6.17 For more detailed information concerning Controlled Substance and Alcohol Abuse members are encouraged to refer to E.O. No. 1-12. I-06 Controlled Substance and Alcohol Abuse REVISED 12/04/2018 REVIEWED 7/10/2023 Page 10 of 11  APPENDIX As of December 4, 2018 Department Head / Fire Chief Samuel Pena Assistant Chief of Human Resources Michelle Bentley 1801 Smith St, 7th floor 832-394-6742 [email protected] HFD Departmental Testing Coordinator (DTC) Tamala Gaines-Paster, Administrative Manager 1801 Smith St, 6th floor 832-394-6612 [email protected] Authorizing Designee Firefighter Support Network 832-394-6607 Employee Assistance Program (EAP) 855-378-7485 I-06 Controlled Substance and Alcohol Abuse REVISED 12/04/2018 REVIEWED 7/10/2023 Page 11 of 11