Miami-Dade Corrections And Rehabilitation Department Substance Abuse Policy (2012) PDF

MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-012 YEAR: 2012 VERSION: 1 SUBJECT: SUBSTANCE ABUSE EFFECTIVE DATE: November 30, 2012 SUPERSEDES: August 25, 1999...

MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-012 YEAR: 2012 VERSION: 1 SUBJECT: SUBSTANCE ABUSE EFFECTIVE DATE: November 30, 2012 SUPERSEDES: August 25, 1999 MODIFICATIONS: All Pages TABLE OF CONTENTS I. POLICY II. DEFINITIONS III. PHYSICAL EXAMINATION A. Pre-Employment B. MDCR Staff IV. SUBSTANCE ANALYSIS REQUEST BY SUPERVISOR/DEPARTMENT V. ALCOHOL AND DRUG TESTING REQUIREMENTS FOR COMMERCIAL MOTOR VEHICLE DRIVERS VI. S PERVISOR’S RESPONSIBILITIES VII. REASONABLE SUSPICION-OBSERVATION FORMS VIII. COLLECTION PROCEDURES IX. EMPLOYEE REPRESENTATION X. ANALYSIS PROCEDURES AND RESULTS XI. EMPLOYEE NOTIFICATION OF POSITIVE DRUG/ALCOHOL RESULTS XII. FDLE NOTIFICATION XIII. CROSS REFERENCES XIV. RELATED REFERENCES XV. ACCREDITATION STANDARDS XVI. REVOCATIONS I. POLICY It is the policy of Miami-Dade Corrections and Rehabilitation Department (MDCR) to maintain a workforce that is free from the effects of alcohol and drug abuse and to protect the general health, welfare, and safety of MDCR staff. In addition, staff are prohibited from the unlawful possession, use, purchase, manufacture, distribution, or dispensing of alcohol or illegal drugs on or off-duty in the workplace, or while conducting MDCR business. Page 1 of 11 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-012 YEAR: 2012 VERSION: 1 SUBJECT: SUBSTANCE ABUSE II. DEFINITIONS Observer An individual that the employee requests to observe him/her during the substance abuse testing process. The observer must be of the same gender as the employee being tested. Physical Examination A thorough evaluation of the current physical condition and medical history of staff as conducted by or under the supervision of a licensed medical professional. Reasonable Suspicion The belief that an employee has demonstrated signs of alcohol or drug abuse based on specific observations concerning the employee’s appearance, behavior, speech or body odors. Substance Abuse The misuse, abuse, or dependence on alcohol, illicit drugs, or prescription medications. Substance abuse may cause an employee's job performance, physical or mental health to decline, be impaired or which may render the employee incapable of performing his/her assigned duties. III. PHYSICAL EXAMINATION As a condition of employment for new hires and continued employment for current sworn MDCR staff, physical examinations are conducted. Drug and alcohol testing shall be conducted as part of the physical examination. The following physicals are administered: A. PRE-EMPLOYMENT Breath alcohol and urine screening are part of the required pre-employment physical examination, given as a condition of employment for all newly hired staff. A positive confirmed test of.04 or higher for alcohol use, misuse of prescription drugs or illicit substances shall be the basis for the automatic rejection of the applicant. Applicants who test positive are prohibited from re-applying or gaining employment with Miami- Dade County for a minimum of 1 year from the date of rejection. Page 2 of 11 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-012 YEAR: 2012 VERSION: 1 SUBJECT: SUBSTANCE ABUSE B. MDCR STAFF Physicals shall be conducted for sworn MDCR staff in order to monitor and maintain a satisfactory level of general health and physical fitness. Special risk employees shall receive a physical examination in accordance with the provisions of his/her applicable collective bargaining agreement. Drug and alcohol screening shall be part of the physical examination. Upon receipt of positive test results, MDCR shall be immediately notified. The Director or designee shall immediately determine whether allowing the employee to continue working could present a danger to the health, safety or welfare of the public, or other staff. If such danger is determined, the employee shall be immediately relieved of duty with pay by the Director or designee. MDCR shall initiate a Security and Internal Affairs Bureau (SIAB) investigation. MDCR may also consider referring the employee to the Miami-Dade County Employee Support Services (ESS); such referral shall not preclude appropriate disciplinary action up to and including termination from MDCR. IV. SUBSTANCE ANALYSIS REQUEST BY SUPERVISOR/DEPARTMENT If a supervisor has reasonable suspicion that an employee is under the influence of alcohol and/or controlled substances, the observed employee may be required to submit to drug or alcohol testing. Any substance analysis must be authorized by a Division Chief or higher level authority. The circumstances in which testing may be considered include, but are not limited to the following: A. Observed alcohol or drug use during working hours; B. Apparent physical state of intoxication or drug induced impairment of motor functions; C. Marked changes in personal behavior or attitude not attributable to other factors; D. Deteriorating work performance or attendance problems not attributable to other factors; E. Information received from reliable sources which indicate the employee has been involved in alcohol or drug use; F. Employee's involvement in an accident during working hours in which a review of the circumstances of the accident or other relevant factors lead to a reasonable suspicion that the employee may be under the influence of alcohol or drugs; Page 3 of 11 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-012 YEAR: 2012 VERSION: 1 SUBJECT: SUBSTANCE ABUSE G. Employee's actions or conduct which leads to a suspicion that the employee is under the influence of alcohol or drugs, suffers from substance abuse or is in violation of Miami-Dade County or MDCR rules concerning the use of such substances; H. An arrest for driving under the influence of alcohol or drugs or an arrest where controlled substances were present or where narcotics were sold; I. All incidents involving the arrest of staff; J. A restraining orders which contain sworn information regarding alleged unusual/bizarre behavior or substance abuse; K. If reasonable suspicion exists to warrant the testing of a particular employee, the necessity must be determined on a case by case basis. An employee's refusal to submit to screening after a reasonable suspicion test has been ordered shall be considered in violation of this Departmental Standard Operating Procedures (DSOP) and Miami-Dade County Personnel Rules. In such a case, appropriate disciplinary action shall be taken up to and including dismissal of the employee. V. ALCOHOL AND DRUG TESTING REQUIREMENTS FOR COMMERCIAL MOTOR VEHICLE DRIVERS A supervisor shall document his/her observations for alcohol and/or controlled substances for reasonable suspicion testing. A Reasonable Suspicion-Observation Form must be completed when recording a reasonable suspicion observation of an employee. A. Reasonable Suspicion Alcohol and Controlled Substances Testing A supervisor shall require a driver to submit to an alcohol or controlled substance test when the supervisor has reasonable suspicion to believe that the driver has violated the alcohol or controlled substance prohibitions. B. Alcohol Alcohol testing is authorized only if the observations are made during, just before or after the period of the employee's regular work schedule. If the reasonable suspicion of the alcohol test is not administered within 2 hours following the observations, the Facility/Bureau Supervisor or designee shall prepare Page 4 of 11 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-012 YEAR: 2012 VERSION: 1 SUBJECT: SUBSTANCE ABUSE and maintain a record on file stating the reasons the alcohol test was not administered promptly. In addition, if not administered within 8 hours, MDCR shall cease attempts to administer the test, prepare, and maintain the record listed above. VI. SUPERVISOR’S RESPONSIBILITIES Supervisors are responsible for being aware of common signs and symptoms of substance abuse. Some common signs and symptoms of substance abuse include: A. Appearance 1. Inappropriate attire 2. Blank staring 3. Dilated pupils/constricted pupils B. Body Coordination 1. Impaired coordination 2. Tremors/hand shakes C. General Attitude 1. Uncooperative 2. Agitated 3. Hostile D. Mood 1. Depressed 2. Confused 3. Panicky Page 5 of 11 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-012 YEAR: 2012 VERSION: 1 SUBJECT: SUBSTANCE ABUSE 4. Anxious/nervous 5. Irritable E. Speech 1. Incoherent 2. Slow/Fast 3. Thick/slurred speech F. General Behavior 1. Threatening or violent 2. Odor of alcohol on breath 3. Inappropriate laughter The supervisor observing the signs and symptoms of alcohol or substance abuse of any employee shall complete the Reasonable Suspicion-Observation Form. The supervisor shall immediately advise the Shift Supervisor/Commander of the incident. The designated supervisor escorting the employee being tested shall prepare a summary of the process and submit it to the Shift Supervisor/Commander. The summary shall include: witnesses, collection nurse, behavior and cooperation of the employee being tested, how the employee got home, etc. VII. REASONABLE SUSPICION-OBSERVATION FORMS When there is reasonable suspicion that an employee is under the influence of alcohol or a controlled substance, a supervisor (assigned by the Facility/Bureau Supervisor or higher level authority) shall observe the employee and document the employee's appearance, body coordination, attitude, mood, speech and general behavior on the Reasonable Suspicion-Observation Form. The Shift Supervisor/Commander shall be notified, if he/she is not the originating supervisor. The Reasonable Suspicion-Observation Form shall be hand delivered to the Shift Supervisor/Commander. The Shift Supervisor/Commander shall contact the Facility/Bureau Supervisor. The Facility/Bureau Supervisor or designee shall contact the Page 6 of 11 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-012 YEAR: 2012 VERSION: 1 SUBJECT: SUBSTANCE ABUSE appropriate Division Chief. The Division Chief or higher level authority shall approve or disapprove the decision to test the employee. This may be done verbally or in writing. If the employee is ordered to be tested, the designated supervisor escorting the concerned employee shall ask for and receive a copy of the Specimen Collection Checklist and Chain of Custody form from the contracted health/medical provider. The Chain of Custody Form shall be returned to the Shift Supervisor/Commander and attached to the Reasonable Suspicion-Observation Form. The Shift Supervisor/Commander shall hand deliver these documents to the Facility/Bureau Supervisor or designee. The Facility/Bureau Supervisor or designee shall ensure that the original documents are hand delivered to the Personnel Management Bureau (PMB) Commander and a copy is delivered to the Division Chief or higher level authority who approved the reasonable suspicion test. VIII. COLLECTION PROCEDURES Once authorized, reasonable suspicion alcohol and drug screening shall be arranged as expeditiously as possible. The concerned employee shall be instructed to cooperate throughout the alcohol and drug screening procedure; including following all directions received from medical personnel at the alcohol and drug screening collection site. The employee shall not be permitted to continue working or remain unattended while screening approval or arrangements are being effected. During normal business hours, the PMB shall immediately notify the Internal Services Department, Human Resource Division (HRD) to arrange for the appropriate alcohol and drug screening. Outside normal business hours, the employee shall be escorted to the designated emergency room to be administered the alcohol and drug screening. The name of the escorting supervisor shall also be provided to the head nurse at the location where the testing will be conducted. The concerned employee shall always be escorted to the alcohol and drug screening collection site by at least one designated supervisor of the same gender. The supervisor shall remain with the concerned employee at all times to prevent possible alteration, adulteration or falsification of the alcohol and drug screening procedure. The concerned employee shall never be permitted to operate a motor vehicle, supervise inmates, carry a firearm, etc., while waiting for paperwork to be processed and/or approved by the HRD. The HRD shall forward the processed paperwork to the approving Division Chief. The supervisor shall have the concerned employee refrain from drinking anything in order to provide a specimen suitable for testing. In the event the concerned employee is Page 7 of 11 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-012 YEAR: 2012 VERSION: 1 SUBJECT: SUBSTANCE ABUSE making a reasonable request, to take prescribed medication, consume food or liquids prior to reaching the testing site, the supervisor escorting the employee shall obtain approval from the authorizing Division Chief or higher level authority prior to the concerned employee consuming any medication, food or liquids. Once the concerned employee reaches the testing site, the medical staff may grant approval. The supervisor shall accompany the concerned employee into the restroom and observe the flow of urine into the specimen container. The concerned employee's observer, if requested by the employee, may observe the flow of urine into the specimen container, but cannot interfere with the administration of the test. The alcohol and drug screening procedure shall include actual observation of the concerned employee's specimen collection by the appropriate MDCR supervisor to ensure the proper identification of the employee's specimen. The only individuals permitted in any part of the collection site where specimens are collected or stored must be part of the testing process (the concerned employee, the MDCR supervisor escorting the employee, individual collecting the specimen, and the employee's representative, if requested). IX. EMPLOYEE REPRESENTATION There are no legal requirements for an employee to have representation for the toxicology test; however, MDCR may permit a representative to observe the process. A. The observer shall be of the same gender as the employee being tested; B. The observer shall not prevent, inhibit or unreasonably delay the testing of the concerned employee; C. The observer shall be allowed a maximum of one hour to report to the location designated by the supervisor who is supervising the test; D. If the observer interferes with the process, he/she shall be dismissed by the designated supervisor; E. If the employee's requested observer is on-duty, MDCR shall not compensate another employee for overtime to replace the observer in the field in order for the testing process to be observed. The observer will be permitted to leave his/her duty assignment only if there is no impact on the manpower requirements and only with the permission of the Shift Supervisor/ Commander; Page 8 of 11 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-012 YEAR: 2012 VERSION: 1 SUBJECT: SUBSTANCE ABUSE F. In the event that there is an employee's representative present, there shall be 2 MDCR supervisors of the same gender present during the testing process. This will ensure that MDCR and the employee have the same number of representatives present. X. ANALYSIS PROCEDURES AND RESULTS All alcohol and substance screening shall be conducted in accordance with the provisions of the Scientific and Administrative Protocol Manual of Miami-Dade County. Confidentiality of the results of the alcohol and drug screening shall be maintained at all times. A. Negative urine specimens on the initial test or negative results on the confirmatory test shall be reported as negative. B. If an employee tests positive for a legal drug, excluding alcohol, the employee's Drug/Alcohol Usage Analysis Consent and Release Form shall be consulted for prescribed/over the counter medication usage. If the detected legal drugs are not listed on the employee's Drug/Alcohol Usage Analysis Consent and Release Form, the HRD shall be notified of the results and may contact the employee to determine if any information was inadvertently omitted from the form. HRD shall supply the laboratory with the new information provided by the employee. If information given by the employee is consistent with the initial positive test results, then it will be stated on the toxicology report and no confirmatory test should be performed. If the information given by the employee is not consistent with the initial positive test results, then a confirmatory test will be performed and the results reported as positive, only if reconfirmed by the second confirmation test. C. Miami-Dade County shall make a reasonable effort to provide employees with the results of a positive test within 72-hours of providing a specimen. However, failure to comply with this 72-hour notification provision shall not preclude Miami-Dade County from utilizing the positive test results in an administrative or disciplinary action up to and including dismissal, as deemed appropriate in accordance with the applicable provisions of Miami-Dade County Administrative Orders, County Code, Miami-Dade County Personnel Rules and DSOP. D. The collection site shall send the PMB Commander a certified copy of the original Chain of Custody form for all confirmed positive specimens signed by the Laboratory Director or laboratory certifying official. The report should contain the specimen number assigned by the collecting site, testing laboratory reference number and results of the tests. Only quantitative values of marijuana, cocaine and blood alcohol should be indicated. Page 9 of 11 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-012 YEAR: 2012 VERSION: 1 SUBJECT: SUBSTANCE ABUSE E. Upon receiving the initial notification, the PMB Commander or designee shall notify the Director, Labor Management Unit and applicable PMB staff for processing. Miami-Dade County HRD shall forward the Disciplinary Action for Positive Drug/Alcohol Test Results Form to MDCR, which will be completed by PMB staff and returned to the HRD. XI. EMPLOYEE NOTIFICATION OF POSITIVE DRUG/ALCOHOL RESULTS If an employee tests positive for an illegal drug, a second confirmatory test of the original specimen will be administered before administrative action is taken. The testing facility shall then report the test results to the PMB Commander or designee within 72-hours of receipt of the specimen, unless the PMB is notified of problems mandating an extension. The employee has the right to splice the sample for re-testing at the employee's expense. The employee shall contact HRD Medical Records Section for the necessary procedures to follow. XII. FDLE NOTIFICATION MCDR is required to notify the Florida Department of Law Enforcement (FDLE) of all positive test results for alcohol or controlled substances of any sworn employee. Sworn employees may be decertified for positive test results. The PMB Commander or designee will forward all positive test results which are received as a result of pre-employment screening of a certified officer to FDLE. The LMU shall forward all positive drug test results to FDLE which are received as a result of MDCR employee physicals; and reasonable suspicion testing. XIII. CROSS REFERENCES DSOP 6-031 “Drug Free Workplace” DSOP 6-041 “Employee Fitness Policy and Procedure” XIV. RELATED REFERENCES Administrative Order 7-27 "Alcohol and Drug Screening for Pre-Employment and County Provided Physical Examinations" Administrative Order 7-29 "Alcohol and Drug Screening for County Employees Based Upon Reasonable Suspicion" Page 10 of 11