KCFD Drug and Alcohol Misuse Testing Policy April, 2016.docx

**DRUG AND ALCOHOL MISUSE TESTING POLICY** **CITY OF KANSAS CITY, MISSOURI, FIRE DEPARTMENT** **(Revised 2015)** **I. STATEMENT OF POLICY** The most important resource of the Kansas City, Missouri, Fire Department (hereinafter "KCFD" or "Department), in its role as a public safety provider, is i...

**DRUG AND ALCOHOL MISUSE TESTING POLICY** **CITY OF KANSAS CITY, MISSOURI, FIRE DEPARTMENT** **(Revised 2015)** **I. STATEMENT OF POLICY** The most important resource of the Kansas City, Missouri, Fire Department (hereinafter "KCFD" or "Department), in its role as a public safety provider, is its employees. In order to protect our employees and members and to safeguard the public trust, Fire Administration, Local No. 42 and Local No. 3808 of the International Association of Fire Fighters are committed to a drug and alcohol free workplace. This policy has been developed and adopted pursuant to that commitment and the parallel commitment to the health safety and welfare of all Department employees and the community they serve. It is the goal of this Policy to eliminate the unauthorized use of drugs and/or alcohol in the workplace and to prevent the adverse impact such use has upon job performance, productivity, safety and work environment. Before being subjected to the provisions of this Policy, all employees shall be informed of and trained regarding its provisions. All employees shall be provided their own copy of this Policy prior to being subject to its provisions. Such information and training shall also be included, from time to time, as part of the employees\' in-service training. All employees will be required to read and sign an agreed upon notification form, a copy of which is attached as part of this Policy. All employees shall be provided their own copy of this Policy prior to being subject to its provisions. All employees will be required to read and sign an agreed-upon consent form, a copy of which is attached as part of this Policy. Individuals covered under this policy include but are not limited to KCFD applicants, probationary employees, contractors and all KCFD employees who are members of Fire Administration, Local 3808\'s bargaining unit and Local 42\'s bargaining unit. As noted, the provisions apply to exempt, non-exempt, temporary and contract employees of the KCFD. Excluded from the provisions of the Policy are those Fire Department employees who are members of AFSCME Local 500\'s bargaining unit, who are covered by the City's Drug and Alcohol Policy. All employees subject to the provisions of this policy shall be subject to random, for cause and other appropriate testing any day of the week and during any and all hours when they are on duty status (which includes but is not limited to full duty, modified duty, restricted duty and training). **II. DEFINITIONS** ADULTERATED SPECIMEN: A specimen that contains a substance that is not expected to be present in human urine, or one that contains a substance expected to be present but that is at a concentration so high that it is not consistent with human urine, when the substance or amount is such that it could be intended to mask or alter the test result. ALCOHOL: The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol, including methyl and isopropyl alcohol. ALCOHOL TEST: An EBT or blood alcohol test conducted to determine the presence of alcohol in an individual's body and performed in conformance consistent with federal regulations. ALTERNATIVE TEST: A drug and/or alcohol test, other than described herein (such as blood or hair follicle tests). BAT (Blood Alcohol Technician): A person who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing (EBT) device. COLD/HOT SPECIMEN: A urine specimen that falls outside the normal temperature range of 90°-- 100°F/ 32° -- 38°C. COVERED EMPLOYEE: Any and every individual who is an applicant or employee (as defined herein) of the KCFD is covered by the provisions of this Policy, unless expressly exempted. DILUTE SPECIMEN: A specimen with creatinine and specific gravity values lower than expected for human urine. DISABLING DAMAGE: Damage which precludes departure of a motor vehicle or motorized equipment from the scene of the accident in its usual manner after simple repairs. Excluding: Disabling damage includes: damage to motor vehicles that could have been driven out but would have been further damaged if so driven; but disabling damage excludes: (1) damage which can be remedied temporarily at the scene of the accident without special tools or parts; (2) tire disablement without other damage even if no spare tire is available; and/or (3) damage to headlamp, taillight, turn signal, horn, or windshield wipers which makes them inoperative. DOT: The U.S. Department of Transportation. DRUG: Any substance, including but not limited to substances controlled by federal or state law, for which unauthorized possession, sale, manufacture, distribution, dispensation or use is illegal or inappropriate (including prescription drugs and anabolic steroids). DRUG POLICY ADMINISTRATOR (Policy Administrator): The person authorized by the Chief of the Fire Department, and agreeable to Local 42 and Local 3808, to administer this Policy and to act as liaison between the medical and/or EAP service providers, labor union representatives and employees. At times when the Policy Administrator is unavailable, the Shift Deputy will act as the Policy Administrator, subject notification and reporting rules developed by Fire Administration, Local 42 and Local 3808 to ensure and maintain the highest levels of confidentiality. DRUG TEST: A test for to determine the presence of prohibited drugs conducted in an individual's body. EBT: An evidential breath alcohol test performed in conformance with federal regulations and/or an evidential breath testing device, approved by the National Highway Traffic Safety Administration (NHSTA) for the evidential testing of breath at the.02 and.04 alcohol concentrations. EMERGENCY VEHICLE: shall mean any vehicle defined as an emergency vehicle under Mo. Rev. Stat. Section 304.022. EMPLOYEE: means any person appointed to a position with the City of Kansas City KCFD. This includes all Department employees (including regular, probationary, full time, part time, exempt, non-exempt, temporary, and contract employees of the KCFD). EAP (Employee Assistance Program): A program or facility agreed to and recognized by Fire Administration, Local 42 and Local 3808 that provides assistance and referral services for KCFD employees for psychological, social or addiction problems. FOLLOW UP TEST: An unannounced drug and/or alcohol test based on a previously submitted drug or alcohol test that was deemed to be positive. HHS: The U.S. Department of Health and Human Services. LEGITIMATE MEDICAL USE: Legitimate medical use means the use of a drug that has been properly obtained/prescribed, used in the manner for which it was intended and is determined by the MRO to be for therapy or control of a medical condition. MRO (Medical Review Officer): A licensed physician, agreed to by Fire Administration, Local 42 and Local 3808, who has received specialized training in substance abuse and is certified as an MRO to receive and interpret laboratory results under this Policy. NIDA (National Institute on Drug Abuse): A component of HHS that is charged with conducting research and ensuring the dissemination of the results of that research to improve drug abuse and addiction prevention, treatment and policy. POSITIVE ALCOHOL TEST: A blood alcohol test or evidential breath alcohol test showing a blood alcohol level at or above.04 gm/dL (40 mg/dL) or such lower number as may be required in subsequent federal or state regulations. A refusal to submit to such test will be deemed to be a positive test result under this Policy. POSITIVE DRUG TEST: A test that is laboratory positive for a prohibited drug according to federal rules and in the opinion of the MRO there is no legitimate medical use of the drug. A cold/hot specimen, an adulterated specimen, a substitute specimen, an unexplained dilute specimen and refusal to test will be considered positive tests under this Policy. A drug test shall be deemed laboratory positive based upon the following standards, which are subject to change in accordance with subsequent Federal or State regulations: **[DRUG]** **[SCREENING TEST]** **[CONFIRMATION]** ------------------------ ---------------------------------- -------------------------------- Amphetamines 500 ng/mL 250 ng/mL Marijuana/Cannabis 50 ng/mL 15 ng/mL Cocaine 150 ng/mL 100 ng/mL Opiates/Narcotics 2000 ng/mL 2000 ng/mL PCP 25 ng/mL 25 ng/mL Anabolic Steroids\* Levels of anabolic steroids and/or their metabolites may be added at a future date, after notice to covered employees. POSSESSION: The presence of an illegal substance or alcohol on the individual\'s person, or in his or her personal effects or other area under the dominion and control of the individual (i.e., the employee\'s desk, City vehicle, locker, etc.). Approved May 28, 2009 PRESCRIPTION DRUG: A drug that is prescribed by a licensed medical practitioner. PROHIBITED DRUGS; Marijuana and its metabolites, in any form; cocaine; amphetamines, including methamphetamine; opiates/narcotics; phencyclidine (PCP); anabolic steroids; and any/all drugs and substances, as defined above as controlled by federal or state law. RANDOM TEST: Drug and/or alcohol tests performed on employees while on duty and without advance warning. Employees shall be selected randomly by a scientifically valid method that conforms to federal standards. RANDOM TEST POOL: All KCFD employees subject to the provisions of this Policy, as set forth above, shall be included in the Random Test Pool. Also, as noted above, all such employees shall remain in the random pool and be subject to testing when on any type of duty status. REFUSAL TO SUBMIT: Refusal to submit refers to refusal to submit to an alcohol and/or drug test and may be evidenced by failure to report to the testing facility within sixty (60) minutes of being directed to do so, without a compelling reason as determined by the Policy Administrator; or failure to provide an adequate sample of breath or urine for testing, without a valid medical explanation; or engaging in conduct that clearly obstructs the testing process, including but not limited to submitting a cold/hot, adulterated, substituted or unexplained dilute sample. Refusals to submit will be deemed to be positive tests under this Policy, unless the individual submits to an alternative test as provided for herein. SAFETY-SENSITIVE FUNCTION: Any essential function of an employee's job duties performed on a routine, intermittent, part-time, temporary or emergency basis which, if performed when impaired by drugs or alcohol, could directly endanger the safety of the employee, other employees or the general public. Safety-sensitive functions include but are not limited to the following: A. Operation, maintenance or controlling movement of any motor vehicle for which a commercial driver's license is required; B. Operation of motorized vehicles or equipment in an airfield operations area or airfield operation; maintenance or controlling movement of an emergency vehicle; C. Using and/or carrying a firearm; control, supervision or direct contact with inmates (correctional officers, municipal court bailiffs, etc.); D. Control over, work with, or responsibility for toxic or hazardous substances as defined by federal regulation; E. Receiving or dispatching calls for emergency service or traffic control; F. Control, supervision, training or participation in the mitigation of emergency and public safety situations (as routinely engaged in by firefighters, EMTs, paramedics, fire apparatus operators, fire captains, battalion chiefs, division chiefs, deputy chiefs, operations chief and the Fire Chief); G. Supervisor of any employee in a safety-sensitive position; H. Control, supervision or direct contact with children and/or the elderly; I. Control over, work with or responsibility for dangerous or hazardous equipment and environments; or inspections of buildings, public facilities and public works projects (as engaged in by engineers, food inspectors, fire inspectors and investigators, etc.). J. Any other job duties deemed to be safety sensitive by Fire Administration, Local 42 and Local 3808. SAFETY-SENSITIVE POSITION: A position that requires the performance of any safety-sensitive function. SAP (Substance Abuse Professional): A certified professional who evaluates employees who have violated this Policy and who makes recommendations concerning education, treatment, follow-up testing and aftercare. SPLIT SAMPLE: In drug testing, a part of the urine specimen that is sent to a first laboratory and retained unopened and which is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated, unexplained dilute or substituted test result. SUBSTITUTED SPECIMEN: A submitted specimen that does not exhibit the clinical signs or characteristics associated with normal human urine. SUPERVISOR: A management employee one level or more outside the Local 42\'s bargaining unit or the equivalent. **III. PROHIBITIONS** Employees are prohibited from: A. Reporting for duty or remaining on duty when the employee would test positive for alcohol or any prohibited drug; B. Using drugs during on-duty periods except when used pursuant to the instructions of a licensed medical practitioner; C. Use Consuming alcohol within four (4) hours of reporting for duty; D. Possessing or consuming alcohol or prohibited drugs while on duty, while on workplace premises or while driving or repairing a City motor vehicle; E. Consuming alcohol within eight (8) hours immediately following a vehicular accident that may require post-accident testing, or until the employee undergoes a post-accident alcohol test, whichever first occurs; and F. Refusing to submit to a drug and/or alcohol test as required by this Policy or engaging in conduct intended to obstruct such testing. **IV. SPECIAL PROHIBITION** No employee who holds a safety-sensitive position who submits an EBT or blood alcohol which has an alcohol concentration of 0.02 gm/dL or greater but less than 0.04 gm/dL shall perform or continue to perform a safety-sensitive function until the start of the employee\'s next regularly scheduled duty period but not less than twenty-four (24) hours following administration of the test. During this twenty-four (24) hour period, the employee may be reassigned to perform non-safety sensitive duties. Submission of an EBT or blood alcohol test as described in this section shall not be considered a positive test result for purposes of this Policy. Such employee shall not otherwise be relieved from duty, reduced in pay or punitively assigned. **V. TESTING** **All tests for prohibited drugs and alcohol administered under this Policy shall be conducted with the approval of the Fire Department at a collection site approved by the Fire Department Labor Management Steering Committee.** **VI. TYPES OF TESTING** A. Pre-employment/post-offer testing: Any applicant who applies for employment in any safety-sensitive position or in a position for which Local No. 42 is the exclusive bargaining representative within the KCFD (including full time, part time, exempt, non-exempt, etc.) shall submit to a drug test as a condition of employment. Only candidates who test negative for prohibited drugs, as determined by this Policy, are eligible for employment. All tests for prohibited drugs and alcohol administered under this Policy shall be conducted with the approval of the Fire Department at a collection site approved by the Fire Department Labor Management Steering Committee. Each candidate must sign an approved release of information and medical examination/drug test waiver at the testing site. All candidates must report to the approved facility for testing on the day they are notified to do so. Failure to report to the facility on the scheduled day is considered a refusal to submit to testing. Candidates falling into this category will be made ineligible for employment for one (1) year from the date on the signed waiver. Pre-­employment drug screens expire thirty (30) days from the date of the original test. B. Probationary Testing: In addition to pre-employment/post-offer testing and random testing, probationary employees may be tested periodically. C. Reasonable Cause Testing: Employees shall submit to drug and/or alcohol test when in the judgment of two (2) supervisors there is reasonable cause to believe that the employee has violated the prohibitions on drug and/or alcohol use in this Policy. If two (2) supervisors are not reasonably available without undue delay, then one (1) supervisor may make the determination. A contemporaneous written record shall be made for all reasonable cause testing and shall contain specific detailed observations or other indicators (including but not limited to appearance, behavior, speech, body odor, etc.) leading to a reasonable cause test. Such record shall be made on the approved form, signed by the supervisor(s) or other official(s) who made the observations that led to the test. If such record cannot be made immediately, the supervisor(s) will make the record as soon as reasonably practicable, and in any event within twenty-four (24) hours of the observed behavior or determination. The tested employee will be placed on excused dock until results from drug or drug/alcohol test are available. If the test results are negative, the employee will be made whole, except that such employee shall be ineligible to work overtime or out of class while the results are pending. Reasonable cause will be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, body odors, or performance indicators of the employee occurring without a reasonable explanation, including but not limited to the following: 1. Physical signs indicators of drug or alcohol intoxication use: 2. Behavioral signs of drug or alcohol intoxication: 3. Other physical or behavioral signs or symptoms of drug or alcohol intoxication: In addition to the specific signs or symptoms set forth above in subparagraphs C.1. and C.2., if the employee is exhibiting other behavioral or physical signs or symptoms which in the judgment of two (2) supervisors provide reasonable cause to suspect drug and/or alcohol intoxication, the employee shall submit to a drug and/or alcohol test. If two (2) supervisors are not reasonably available, without undue delay, then one (1) supervisor may make the determination. 4. Reasonable Cause Test by Law Enforcement: Reasonable cause testing may by ordered in the event a drug and/or alcohol test is required and administered by law enforcement personnel during working hours or while operating a City vehicle. 5. Use or Possession: Reasonable cause testing may occur when a supervisor has reasonable cause to believe that use or possession of alcohol or prohibited drugs while on duty, at the work site, or during breaks or lunch either on or off the work site has occurred. Reasonable cause may be based on confidential reports, but may not be based on anonymous allegations. An employee may also be referred for reasonable cause testing when drugs and/or alcohol are found in the employee's possession. 6. Reasonable Cause Testing Due to an Accident: Testing for any accident requires documentation of specific, detailed observations or other indicators as set forth above. D. All covered employees shall submit to random drug and/or alcohol testing while on any on-duty status, including but not limited to full duty, modified duty, light duty, restricted duty, training or detail assignment. No employee shall be required to submit to more than four (4) random tests in a calendar year, except that, for purposes of this Policy, pre-employment, probationary, reasonable cause, follow-up and/or rehabilitation tests are not considered random testing. E. Rehabilitation testing: Any covered employee who has entered a drug or alcohol rehabilitation program, as a result of an infraction under this Policy, shall submit to alcohol and drug tests on the employee\'s time and at the employee\'s expense, if directed to do so as part of the rehabilitation program. If such testing is random in nature, it shall not be subject to the four (4) tests per year limitation referenced above. F. Return-to-Duty testing: Any employee who has been removed from duty due to a positive drug or alcohol test shall submit a negative drug and/or alcohol test before returning to duty. Return-to-duty testing must be scheduled and approved by the Policy Administrator, prior to the test being administered. Employees referred to a SAP or Addiction Counselor by the approved EAP may not submit a return-to-duty test until approved by the EAP or Policy Administrator. All return-to-duty and follow-up testing will be done at a City approved collection site on the employee's time and at the employee\'s expense. G. Follow-Up testing: An employee at Step 1 under this Policy may be required to submit to at least six (6) unannounced follow-up tests in the first twelve (12) months following the employee's negative return-to-duty test, at the employee's expense. An employee at Step 2 or Step 3 under this Policy shall submit to at least six (6) unannounced follow-up tests in the first twelve (12) months following the employee's return-to-duty test, at the employee's expense. The minimum and maximum number of follow-up tests is recalculated in the event an employee has subsequent positive test results under this Policy. The scheduling of follow-up tests is at the discretion of the Policy Administrator. **VII. PROCEDURES FOR OBTAINING TEST SAMPLES** A. Random tests: 1. 2. 3. B. Reasonable Cause tests: A supervisor or other designated individual will drive the employee to the test site as soon as possible. 1. A supervisor will transport the employee to the test site as soon as practical and will remain at the test site until testing is complete. 2. If the test results are unknown or positive, a supervisor shall provide transportation home for the employee. 3. Attempts to delay drug and/or alcohol testing by either the employee or a supervisor shall result in disciplinary action. C. Reasonable Cause Testing Due to an Accident: 1. Employees who are subject to post-accident testing as set forth in this Policy and who are injured as a result of an accident shall be taken for appropriate medical care as soon as possible. After the necessary treatment has been given, a reasonable cause test shall be performed if the criteria for such test exists. Under no circumstances shall medical care be delayed or denied to facilitate testing. 2. If two (2) supervisors reasonably believe that an injury has occurred, the Fire Department may require a medical evaluation. If two (2) supervisors are not reasonably available without undue delay, one (1) supervisor may make the determination. 3. A supervisor will drive the employee to the test site as soon as practical and remain at the test site until testing is complete. In the event the employee is admitted to a hospital and is therefore unable to be transported to the testing facility, the medical provider rendering care shall be asked to perform the test. 4. If the test results are unknown or positive, a supervisor shall provide transportation home for the employee. 5. Attempts to delay drug and/or alcohol testing by either the employee or a supervisor shall result in disciplinary action. **NOTE:** Recording of Time Pending Test Results for Reasonable Cause and Post-Accident Tests: Employees required to submit to post-accident and/or reasonable cause testing must be immediately removed from the workplace and will be given the option of using accrued leave or excused dock until the results from the drug and/or alcohol tests are reported. If the test results are negative, the employee's leave bank(s) will be restored or the employee will be reimbursed for the dock time. If the test is positive, the employee will be given the option of using accrued leave or excused dock, after the completion of any period of suspension required under this Policy. Use of accrued leave is not allowed for any part of the suspension period. D. Pre-Employment, Probationary and Return-to-Duty Tests: Such individuals shall present themselves at the test site as reasonably directed by the Policy Administrator or the hiring authority, in the case of Pre-Employment candidates. E. Follow-Up and Rehabilitation Tests: Employees shall present themselves, along with the follow-up notification paperwork, at the test site at times to be arranged by the EAP or the rehabilitation program or as reasonably directed by the City the Policy Administrator. Follow-Up and Rehabilitation Tests shall be done under direct observation in accordance with DOT Return-To-Duty and Follow up Testing Procedures. F. Provisions applicable to all tests: 1. Each individual to be tested shall present acceptable picture identification at the test site (i.e., driver's license or State, Federal or City issued identification). 2. Each individual to be tested shall remain at the test site until a sample is given and the appropriate staff member from the testing facility has notified the employee that the testing process has been completed. 3. In accordance with this Policy, covered employees, except pre-employment candidates will only be required to execute the agreed upon notification of testing and consent forms to comply with this Policy and be tested. Covered employees may, however, be required to also initial or sign labels or documents necessary to establish chain of custody. Such labels and documents shall not contain any consent or waiver language. G. Drug test urine sample collection: 1. The individual has given an adulterated or substituted specimen in the past; 2. The individual has given a cold/hot specimen in the past; 3. The collector has observed conduct clearly indicating an attempt by the individual to substitute or adulterate the test; or 4. The individual has submitted an unexplained diluted specimen. 1. Witnessing a urine sample shall be done by same-sex employees of the testing agency in accordance with DOT procedures. 2. Employees unable to provide an adequate urine sample will be deemed to have refused to submit unless he/she provides credible medical documentation of his/her inability to submit and further agrees to submit to an alternate test. 3. The results of a urine test for the use of prohibited drugs, conducted by Federal, State or Local officials having independent authority for the test, may be considered to meet the requirements of this Policy, provided such tests conform to applicable Federal, State or Local controlled substance testing requirements. H. Alcohol tests: 1. 2. 3. I. Time taken for Random and Reasonable Cause (including Post-Accident tests) shall be time worked and compensated accordingly by the City. This is not intended to include testing required under an EAP or Rehabilitation Program or a required return-to-duty test. J. The testing of samples shall be performed and administered only by persons and facilities approved by the Fire Department Labor Management Steering Committee and qualified to perform and administer such tests consistent with the standards established by NIDA, U.S. Department of Health and Human Services (HHS) or its successor. K. Collection of samples shall conform to HHS regulations and be conducted in a manner assuring the security of the sample and freedom from adulteration, while recognizing the employee\'s legitimate privacy interests. Recognized chain of custody procedures must be followed for all samples as set forth by HHS. L. Provision for Split Sample: An adequate portion of the original sample shall be preserved in a separate container in all cases for independent analysis, in the event of a positive drug test result. Failure to do so will invalidate the test. **VIII. REPORTING TEST RESULTS** A. Drug Tests: 1. 2. 3. a. The MRO will attempt to contact the employee or applicant by calling the number provided by the employee. The MRO will consult with the individual to determine if the positive drug test is a result of a legitimate medical use or other reasonable explanation. If the MRO is unable to contact the individual within twenty-four (24) hours, the MRO will inform the Policy Administrator. The Policy Administrator will notify the Battalion Chief or other appropriate supervisor to inform the employee that she/he must contact the Policy Administrator immediately. The Policy Administrator will then have the MRO and employee consult to determine the results of the drug test. The MRO will not report the test results until she/he concludes that the individual is avoiding contact. This report from the MRO will be made only to the Policy Administrator. b. The employee may request in writing a retest of the original specimen at the City\'s employer's expense at a lab independent of the authorized testing facility but which is certified by the HHS. Any retest done pursuant to an applicant\'s request will be done at such applicant\'s expense. The request must be made to the MRO and/or the Policy Administrator within seventy-two (72) hours of the time the employee is notified of the positive test result. Retesting will not stop or delay disposition of the employee\'s or applicant\'s case. If the retest is negative, any discipline will be reversed, removed from the employees Department and Human Resources file and the employee will be made whole, except that such employee shall be deemed ineligible to work overtime or out of class while the results are pending. c. If the MRO determines no legitimate medical use or other reasonable explanation of the drug exists, the results will be reported to the Policy Administrator as positive. This report from the MRO will be made only to the Policy Administrator. d. Results of retests will be reported by the MRO to the Policy Administrator with no further consultation with the employee or applicant. 4. B. Alcohol Tests: The BAT will promptly report test results to the employee, the accompanying supervisor and the Policy Administrator. C. All positive test results and action to be taken will be reported by the Policy Administrator to the appropriate Departmental and Union officials. The Policy Administrator will inform the Battalion Chief or other appropriate supervisor when the employee has submitted a negative return-to-duty test. **IX. DISPOSITION OF CASES** A. Pre-Employment Testing: 1. 2. 3. B. Probationary, Part-Time, Temporary and Contract Employees: 1. 2. C. Positive Drug or Alcohol Test by Regular Fire Department Employee: **Step 1.** The following shall apply for the first Positive under Random or Reasonable Cause Test: a. Employees shall be removed from duty/work site immediately, and shall not be allowed to return to duty until a negative return-to-duty test is submitted. b. Employees shall be mandatorily referred for evaluation to the approved EAP for purposes of medical evaluation, counseling, and treatment. Employees must comply with any prescribed treatment program. Failure to comply with prescribed treatment program may result in additional disciplinary action up to and including termination. The Policy Administrator will notify the employee of the date, time, and location of the scheduled evaluation. c. Employee shall submit a return-to-duty test within fifteen (15) calendar days of the reported test result unless medically excused. d. Employee shall receive a formal written reprimand and an immediate twenty-four (24) suspension without pay. Non-suppression personnel shall receive a formal written reprimand and suspension without pay for two (2) duty shifts. e. Employee shall be subject to unannounced follow-up tests. The number and frequency of such follow-up testing shall be as directed by the substance abuse professional and may consist of a minimum of six (6) tests in the twelve (12) months following the return-to-duty test. Follow-up testing may continue after twelve (12) months but shall not exceed sixty (60) months from the last positive test. Failure to comply with prescribed follow-up testing program may result in additional disciplinary action up to and including termination. f. Any time off required in excess of the suspension period under this subsection shall be charged against the employee\'s sick leave or other accrued leave balance or, if exhausted, or at the employee's request, recorded as excused dock. Accrued leave shall not be used during the suspension period. No further disciplinary action shall be taken, as long as the requirements of this policy are met. **Step 2.** If an employee submits a Second Positive Random or Reasonable Cause Test or a Second Positive Drug or Alcohol Test of any other type the following shall apply: a. Employee shall be removed from duty/work site immediately, and shall not be allowed to return to duty until a negative Return to Duty test is submitted. b. Employee shall be mandatorily referred to the approved EAP for purposes of medical evaluation, counseling and treatment. Employees must comply with any prescribed treatment program. Failure to comply with prescribed treatment program may result in disciplinary action up to and including termination. The Policy Administrator will notify the employee of the date, time, and location of the scheduled evaluation. c. Employee shall submit a return-to-duty test within fifteen (15) days of the reported test result unless medically excused. d. Employee shall be subject to unannounced follow-up tests. The number and frequency of such follow-up testing shall be as directed by the substance abuse professional and consist of a minimum of six (6) tests in the twelve (12) months following the return-to-duty test. Follow-up testing may continue after twelve (12) months but shall not exceed sixty (60) months from the last positive test. Failure to comply with prescribed follow-up testing program will result in a recommendation of termination. e. Employee shall be immediately suspended without pay for ninety-six (96) hours. Non-suppression personnel will be suspended for eighty (80) hours. f. Any non-disciplinary time off under this subsection will be charged against the employee's sick leave or other accrued leave balance or, if exhausted or requested by the employee, recorded as excused dock as long as the requirements of the policy are met. Additional time off can be charged against the employee\'s sick leave or other accrued leave accounts, so long as the employee remains in a formal rehabilitation program. At the City\'s request, an employee shall submit verification of continued enrollment in a formal rehabilitation program. **Step 3.** If an employee submits a Positive Drug or Alcohol Test after reaching Step 2 the following shall apply: a. Employee shall be removed from duty/work site immediately, and shall not be allowed to return to duty until a negative Return to Duty test is submitted. b. Employee shall be mandatorily referred to the approved EAP for purposes of medical evaluation, counseling, and treatment. Employees must comply with any prescribed treatment program. Failure to comply with prescribed treatment program may result in disciplinary action up to and including termination. The Policy Administrator will notify the employee of the date, time, and location of the scheduled evaluation. c. Employee shall submit a return-to-duty test within fifteen (15) days of the reported test result unless medically excused. d. Employee shall be subject to unannounced follow-up tests. The number and frequency of such follow-up testing shall be as directed by the substance abuse professional and consist of a minimum of six (6) tests in the twelve (12) months following the return-to-duty test. Follow-up testing may continue after twelve (12) months but shall not exceed sixty (60) months from the last positive test. Failure to comply with prescribed follow-up testing program will result in a recommendation of termination. e. Employee shall be immediately suspended without pay for one hundred forty-four (144) hours after s/he has submitted a negative return to duty test. Non-suppression personnel will be suspended for one hundred twenty (120) hours. f. Employee at Step 3 shall be ineligible for promotion for a period of no less than one year or until she/he has completed his/her prescribed treatment and follow up, whichever is longer. g. Any non-disciplinary time off under this subsection shall be charged against the employee's sick leave or other accrued leave balance or, if exhausted or requested by the employee, recorded as excused dock as long as the requirements of the policy are met. Additional time off can be charged against the employee\'s sick leave or other accrued leave accounts, so long as the employee remains in a formal rehabilitation program. However, use of accrued leave shall not be construed to apply to any suspension period under this Policy, which shall be unpaid leave. At the City\'s request, an employee shall submit verification of continued enrollment in a formal rehabilitation program. **Step 4.** If an employee submits a fourth Positive Drug or Alcohol Test, she/he shall be removed from duty/workplace immediately with a recommendation of termination. Regardless of whether an employee at Step 4 resigns or is terminated, the employee shall have the phrase "DO NOT REHIRE" placed in his/her personnel file. D. Calculation of Steps and Discipline: Any covered employee who has committed an infraction under this Policy and thereafter goes forty-eight (48) months without another infraction of this Policy shall have the oldest of her/his infractions expunged from his/her record and the Steps recalculated. Additional prior infractions will be expunged and Steps recalculated each twelve (12) months thereafter so long as the employee commits no other infractions of this Policy and has fully complied with all other requirements of this Policy, including any conditions imposed by the Policy Administrator, EAP or other recognized treatment providers. Under no circumstances may more than one (1) infraction be expunged sooner than twelve (12) months after the expungement of a prior infraction. E. Any disciplinary action taken under this Policy is subject to the grievance procedures as set forth in the applicable Memorandum of Understanding or review by the Human Resources Board as provided in the Human Resources Rules and Policy Manual. F. Exception: An employee submitting a positive test for marijuana at Step 1, Step 2 or Step 3 may have a repeat drug test at any time, but not more than twice weekly, for up to six (6) months for purposes of determining fitness to return-to-duty. If the employee submits a positive test result for marijuana with a level below the initial positive during this period, such test will not be considered an additional positive test so long as such test results are not, in the judgment of the MRO, indicative of continued drug use. The six (6) month limitation upon producing a negative test result for purposes of return to duty can be extended if, in the opinion of the MRO, the individual\'s test results at that time are not indicative of continued drug use. G. Cold/Hot, Adulterated, unexplained Dilute and Substituted Specimens: Any employee who is found to have submitted a cold/hot, adulterated, unexplained dilute or substituted specimen shall be considered to have submitted a positive test, and shall be placed at the appropriate step and disciplinary level per Section IX of this Policy. H. Refusal to Submit to Testing: Any refusal to submit to testing under this Policy shall be considered a positive test. I. Other Disciplinary Action: This Policy shall not limit or prohibit the City Fire Department from imposing other disciplinary action based upon an employee\'s associated misconduct or performance. J. Any employee who feels he/she was required unfairly to submit to a drug and/or alcohol test, after taking the test may file a grievance pursuant to memorandums of understanding and the Human Resources Rules and Regulations. K. Battalion Chiefs and other supervisors have an affirmative duty to enforce this Policy. Failure to do so shall be a violation of the Policy and shall be subject to disciplinary action up to and including termination. Any Battalion Chief or supervisor with knowledge that an employee is under the influence of drugs or alcohol while on duty, conducting Fire Department business or driving a Fire Department vehicle shall take appropriate action under this Policy. Any Battalion Chief or supervisor who fails to apply this Policy or intentionally acts to obstruct the enforcement of this Policy or abuses his/her authority shall be subject to disciplinary action up to and including termination. L. Any employee who abuses his/her authority in requiring another employee to submit to a drug and/or alcohol test is subject to disciplinary action, including termination, under the Human Resources Rules and Regulations. **X. PRESCRIPTION/OVER-THE-COUNTER DRUGS** Employees who take prescription/over-the-counter drugs (medication) should use them only in the prescribed or intended manner. **XI. SEARCH AND SEIZURE** **The Fire Department reserves the right to search for alcohol or prohibited drugs when there exists reasonable cause to believe said employee is in possession of alcohol and/or prohibited drugs.** **XII. TEST ACCURACY AND CONFIDENTIALITY** A. Alcohol and drug testing shall be performed at an approved facility whose standards are consistent with federal requirements as established by HHS. The Fire Department reserves the right to search for alcohol or prohibited drugs when there exists reasonable cause to believe said employee is in possession of alcohol and/or prohibited drugs. B. Selection of eligible employees for random testing shall be done by the testing agency by a scientifically valid random selection method in conformance with the federal regulations in which each such employee has an equal chance of selection. C. Collection and testing of samples will be done in accordance with the federal regulations and this Policy. D. Confidentiality: 1. 2. 3. 4. **XIII. EMPLOYEE ASSISTANCE PROGRAM** A. The Fire Department shall make available to the employees a recognized Employee Assistance Program or other facilities. Such program and facilities must be approved by Fire Administration, Local 42 and Local 3808. An employee may voluntarily enter such EAP or facility without a requirement for prior or subsequent testing and without being considered to have submitted a positive test result. Such involvement shall be kept strictly confidential and shall not be made part of the employee\'s record. Voluntary entry into an EAP by an employee subject to this Policy will not, however, render such employee outside the scope of this Policy. B. Payment: The City will not pay for treatment for drug, alcohol, or psychological problems. The EAP will assist 2 the employee in attempting to find treatment that is covered by health insurance, has sliding fee scales, or otherwise 3 is affordable to the employee. However, the employee is responsible for paying for any portion of the treatment not covered by the City\'s insurance program. I acknowledge that I have received a copy of and have been duly informed of the Fire Department's drug and alcohol testing policy and procedures. I have been provided with information concerning the impact of the use of alcohol and drugs on job performance. In addition, I have been informed of how the tests are conducted, what the tests can determine and the consequences of testing positive for drug/alcohol use. Such consequences may include disciplinary action up to and including termination. I have been informed of the Fire Department's Employee Assistance Program. All of the above has been provided to me by the Fire Department. I have been advised regarding how drug/alcohol tests are collected and that these are medical tests that are conducted under the auspices of a Medical Review Officer. I have also been advised that the Medical Review Officer will review and interpret any positive test results, and that I will have reasonable opportunity to consult with the Medical Review Officer to review my status, my medical history and any relevant biomedical factors prior to positive test results being reported. I further understand that any disciplinary action taken under this Policy is subject to the grievance procedure in the relevant Collective Bargaining Agreement or review according to the Human Resources Rules and Policy Manual. With these understandings I consent to the appropriate testing procedures, which authorize the testing facility to release the results of such tests to my employer and/or its Medical Review Officer. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Printed or Typed Name of Employee \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_ Signature of Employee Date Date **EMPLOYEE NOTIFICATION** Employee's Name: This is to advise you that you have been randomly selected for a drug or drug/alcohol screen. Your screen will take place at the following facility:\ Name of Facility:\ Address of Facility: This drug and/or alcohol screen is in accordance with the Fire Department Drug and Alcohol Policy. Your signature below verifies that you have fully read and understand this notification and that you were provided this notification, in person, by your Battalion Chief or other appropriate supervisor. In accordance with the Fire Department Drug and Alcohol Policy, randomly selected employees are required to submit to testing and to report to the testing facility, within sixty (60) minutes of this notification. If you are unable to present yourself for testing after this notification, you must notify your Battalion Chief or other appropriate supervisor, in writing, the specific reasons why you were unable to present for testing. Provision of this written explanation may not excuse you from your obligation to appear for testing or from the consequences resulting from your failure to appear. Under the Policy, the Fire Department will determine whether there was legitimate justification for not reporting. If the Department determines no legitimate justification exists, it will be determined to be a positive test. I further understand and acknowledge that I will only be required to sign and provide to the testing facility the agreed upon Consent & Release Form to be tested and that will be the only consent/release I will be required to sign. Other than the agreed upon consent/release, I understand and acknowledge that I may be required to initial certain labels and/or documents to establish and ensure proper chain of custody. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Employee Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Notifying Supervisor Time of Notification Time of Notification