Broward Sheriff's Policy Manual - Alcohol/Drug Abuse PDF

SHERIFF’S POLICY MANUAL 2.29 ALCOHOL/DRUG ABUSE 2.29.1 Policy Statement: A. It is the expectation of the Broward Sheriff’s Office and the public we serve that all employees report for duty at the place and time expected, perform their tasks to the best o...

SHERIFF’S POLICY MANUAL 2.29 ALCOHOL/DRUG ABUSE 2.29.1 Policy Statement: A. It is the expectation of the Broward Sheriff’s Office and the public we serve that all employees report for duty at the place and time expected, perform their tasks to the best of their abilities, and be free from any impairment that could potentially impact the employee’s performance. B. It is the policy of this agency that any employee who chooses to consume alcoholic beverages or use prescription medication will do so in a responsible and lawful manner. This especially applies to the operational control of a vehicle or vessel, as defined in Florida Statutes 316 and 327. C. The Broward Sheriff’s Office, in its commitment to protect the safety, health and well being of all employees in our workplace, supports the Drug-Free Work Place Act and all related state and federal laws. D. This section represents a statement of agency policy and standards. Sheriff’s Policy Manual Section 3.19 outlines the Drug Free Awareness Program for alcohol and/or drug testing. Both sections will cross-reference language, where applicable. E. Very simply stated, there are two categories of drugs: legal and illegal. It is the policy of this agency for all employees that: 1. Unlawful possession, use, purchase, manufacture, or distribution of illegal controlled substances, alcoholic beverages, and other intoxicants on or off duty, in the workplace, or while conducting BSO business will be prohibited. 2. Substances prescribed by medical professionals must fall within applicable Florida Statutes. 3. Substances deemed to be “over the counter” will be reasonably used for the purpose intended by the manufacturer. Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 1 of 8  SHERIFF’S POLICY MANUAL F. Controlled substances shall be prescribed by a medical professional licensed to prescribe medicine through a valid patient relationship as described by Florida law. G. This agency will recognize reasonable exceptions, such as valid prescription renewals by phone, urgent or emergency medical conditions, incidents that may occur outside Florida, or other exceptions on a case by case basis. The policy intent here is to acknowledge Florida Law and prevent workplace impairment. H. BSO recognizes alcoholism as an illness. An employee's consumption of an alcoholic beverage may interfere with the employee's job performance, health, or BSO's image. BSO recognizes alcoholism as a treatable illness. No social stigma should be attached to persons suffering from it. BSO's concern is strictly limited to the effects of this illness upon an employee's health, job performance, and the community's image of BSO. I. Violation of this policy may result in discipline up to termination, as well as criminal prosecution. 2.29.2 Definitions: A. Accident: Incidents where the employee's injury cannot be classified as first aid under Florida Workers' Compensation or property damage is estimated to be at least $100. B. Alcohol: Beverages, mixtures, or preparations containing ethyl alcohol. C. Chain of Custody: Tracking method for specified tested materials and substances that maintains control and accountability from initial collection to final disposition. Reports test results and provides accountability for specimens at each stage of handling, testing, and storing. D. Confirmation Test/Confirmed Drug Test: Second analytical method (split specimen) used to identify a presence of specific drugs or metabolites from a specimen that was positive on initial screening. Confirmation tests are different in scientific principle from initial test procedures. This confirmation must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. Confirmation tests used for alcohol is gas chromatography and gas chromatography/mass spectrometry for other drugs. Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 2 of 8  SHERIFF’S POLICY MANUAL E. Drug: Amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; or metabolite of listed substances. F. Drug Test/Test: Chemical, biological, or physical instrumental analysis administered to determine the presence or absence of drugs or metabolites. G. Initial Drug Test: First drug test used to identify negative/presumptive positive specimens. Initial alcohol tests use enzyme oxidation methodology and Food and Drug Administration approved immunoassay procedure for other drugs. More accurate scientifically accepted methods may be used for initial drug tests as more accurate technology becomes available. H. Nonprescription Medication: Medication authorized per state and federal laws for general distribution and use without a prescription in the treatment of human disease, ailment, or injury. I. Prescription Medication: Drug or medication obtained by prescription per Florida Statutes. J. Reasonable Suspicion Drug Test: Drug test based on the possibility an employee is using or has used drugs in violation of policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. “Reasonable suspicion drug testing” may not be ordered except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: 1. Direct observation of drug use or physical symptoms or indications of being under a drug's influence 2. Abnormal conduct or behavior at work or job performance deterioration 3. Drug use reports given by reliable or credible sources, independently corroborated 4. Evidence employee tampered with drug tests during their BSO employment Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 3 of 8  SHERIFF’S POLICY MANUAL 5. Information that an employee has caused, contributed to or been involved in an accident while on-duty. 6. Evidence employees used, possessed, sold, solicited, or transferred drugs while on duty, on BSO premises, or operating BSO vehicles, machinery, or equipment K. Specimen: Body tissues or products revealing the presence of alcohol or drugs or their metabolites. L. Threshold Detection Level: Level where drugs or alcohol presence can be reasonably expected to be detected by initial or confirmatory tests performed by laboratories meeting standards in relevant Florida Statute and Administrative Code. Threshold detection levels indicate the level where conclusions can be drawn that drug or alcohol is present in the sample. M. For the purpose of this policy, potential for “abuse” refers to alcohol or drugs used improperly or in amounts that could reasonably create a hazard to the employee’s health or the safety of the community. N. For the purpose of this policy, “impair” or “impaired” refers to an employee who may be under the influence of alcohol and/or controlled substances/drugs (or any intoxicant) to the extent that the employee is deprived of full possession of normal faculties. Such normal faculties include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and in general, normally perform the many mental and physical acts of daily life. 2.29.3 Alcohol Policy A. Alcohol Use While On Duty: 1. Employees will not consume alcoholic beverages while on duty except when clearly needed in the line of duty and with prior approval from their supervisor. 2. Employees will not consume alcoholic beverages while wearing any part of the BSO uniform. Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 4 of 8  SHERIFF’S POLICY MANUAL B. Alcohol Use While Off Duty: Off-duty employees will not consume alcoholic beverages to the extent: 1. It results in inappropriate or offensive behavior tending to discredit themselves or BSO. 2. It renders them unable or unfit to report for their next regular tour of duty (i.e., illness, impairment, or apparent indication of recent alcohol use). C. Alcohol Abuse Policy: 1. Employees suspecting they may have an alcoholism problem, even in its early stage, will be encouraged to seek diagnosis and treatment with the assistance of the Employee Assistance Program. 2. The Employee Assistance Program will provide confidential assistance to employees in solving personal difficulties and/or directing employees to agencies or persons competent to deal with their particular problems. Any meeting attended will be on the employee's personal time. 3. Employees seeking help for alcohol abuse problems will not have their job security or promotional opportunities jeopardized solely by their request for diagnosis and treatment. 4. Supervisors Responsibility: Supervisors observing unsatisfactory job performance, attendance, behavior, or poor health from their employee that they believe to be the result of alcoholism will direct the employee to the Employee Assistance Program. Referrals to skilled professionals is needed since supervisors ordinarily do not have the qualifications to properly treat or counsel employees affected with alcoholism. 5. Employee Responsibilities: Employees will be responsible for complying with referral requests and cooperating with the prescribed therapy. Employees refusing to accept the diagnosis and treatment or unable to respond to treatment will be disciplined per policy if their job performance remains unsatisfactory. Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 5 of 8  SHERIFF’S POLICY MANUAL 6. Employee Self Help: Nothing contained in this policy will be construed to prevent employees from seeking help on their own before the development of any job-related problems. 7. Confidentiality: The Employee Assistance Program will maintain the confidentiality of records regarding employees affected with alcoholism as permissible by law. D. Alcoholic Beverages in BSO Facilities or Vehicles: Employees will not bring into or store alcoholic beverages in any BSO facility or vehicle except in the line of duty or if the beverages are held as evidence. 2.29.4 Drug Use: A. Employees will not use drugs or controlled substances except when lawfully prescribed by a physician, dentist, or licensed medical professional. B. Employees taking drugs or controlled substances which may impair their ability to function properly will notify their supervisor before reporting for duty. This includes any drug or controlled substance whose reaction is possible impairment or diminished motor ability. The supervisor may determine the suitability of the employee for duty. C. Employees will not remain on duty while their ability to perform is impaired by any substance or medication. D. Employees will not operate a BSO vehicle, on or off duty, while their ability to perform is impaired by any substance or medication. 2.29.5 Reasonable Suspicion of Impairment: A. If the supervisor believes an employee’s ability is impaired, a supervisor may remove an employee from his or her duties and direct the employee to submit to reasonable suspicion drug testing. It is recommended that the reporting supervisor seek another independent observation by a supervisor of equal or higher rank to confirm the findings of reasonable suspicion of impairment. Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 6 of 8  SHERIFF’S POLICY MANUAL B. Observations leading to the reasonable suspicion the employee may be impaired and actions taken must be documented on a memorandum and submitted to appropriate chain of command. C. The supervisor will ensure transportation for the employee as soon as practical to BSO’s contracted test laboratory. D The supervisor will make an expeditious notification to the respective commander regarding the reasonable suspicions and the actions taken. E. The supervisor will ensure that an employee who may be impaired will not be permitted to operate a vehicle (to drive home, etc.). 2.29.6 Steroids A. Steroids are synthetically produced variants of the naturally occurring male hormone testosterone. The full name for this class of drugs is androgenic (promoting masculine characteristics) anabolic (tissue building) steroids (the class of drugs). Anabolic Steroids are contained within Schedule III of Florida Statutes 893.03, because there are currently accepted medical uses in treatment and abuse may lead to physical damage. Anabolic steroids also appear in applicable federal law. B. For the purposes of this policy, the use of steroids without a prescription and the use of masking agents is considered a violation of policy and applicable state and/or federal law. A masking agent is taken by those who seek to conceal or disguise their own substance abuse. C. While steroids do have legitimate medical uses, steroid abuse has physical and emotional effects that not only far outweigh the benefits of use but are unhealthy for the employee. D. Steroid abuse constitutes illegal behavior under Florida Statutes and federal law. It is the policy of this agency, as mentioned previously, that steroids may only be administered to employees through a legitimate physician/patient relationship and prescription. This policy also includes human growth hormones (HGH), gamma-hydroxybutyrate (GHB), age defying substances, or any other non- anabolic steroids that serve as alternatives, alleviate effects, or mask steroid abuse and must meet the agency’s prescription threshold. Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 7 of 8  SHERIFF’S POLICY MANUAL 2.29.7 Concluding Note: Upon distribution and implementation of this policy, the Institute for Criminal Justice Studies (ICJS) will ensure appropriate Training Advisory Bulletins are prepared to educate employees. Reviewed: 10/20/2015 Revised: 12/23/2015 Rescinds: 09/12/2013 Effective: 01/04/2016 2.29 Page 8 of 8