St. Johns County Sheriff's Office Drug Screening Policy 26.6 PDF

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Drug Screening Policy 26.6 Effective Date: 06/30/2006 Amended Date: 11/04/2022 ACCREDITATION STANDARDS CALEA: CFA: FCAC: FLA-TAC: FMJS: Discussion: This policy establishes guidelines and procedures for drug screening / testing, random scr...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Drug Screening Policy 26.6 Effective Date: 06/30/2006 Amended Date: 11/04/2022 ACCREDITATION STANDARDS CALEA: CFA: FCAC: FLA-TAC: FMJS: Discussion: This policy establishes guidelines and procedures for drug screening / testing, random screening, mandatory post-incident drug, and alcohol testing related to lethal force and agency vehicle crashes involving personal injury, death, or proper administrative inquiry into illicit alcohol or drug use, proper disciplinary measures, and the reporting of legal / prescription drug use. The St. Johns County Sheriff’s Office is a drug-free workplace and prohibits the illicit use and / or abuse of alcohol, drugs or controlled substances, on and off-duty. This shall apply to all job applicants, all full / part-time employees, all volunteers and all other personnel involved with the St. Johns County Sheriff’s Office, in any status, paid or non-paid. DEFINITIONS Adulterated Specimen – A specimen that contains a substance, which is not expected to be present in human urine or contains a substance expected to be present but is at a concentration so high it is not consistent with human urine. Agency – Refers to St. Johns County Sheriff’s Office Confirmation Test – A second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen. The confirmation test will be different in scientific principle from the initial test procedure. This confirmation method will be capable of providing requisite specificity, sensitivity, and quantitative accuracy. Controlled Substance - Any of the substances named in Schedules I through V, in Florida Statutes 893.03, and any “designer drug” which may hereafter be prohibited by law and which is subject to manufacturing, distribution, preparation, dispensing and administrative controls. Detectable Amount - The cut off levels established by the Agency for Health Care Administration for screening and confirmation of drug tests. Drug Screening 26.6 Page 1 of 9 Donor Release - Signing Step 5 in the Chain of Custody Forms is the employee’s certification that:  The employee provided a urine specimen to the collector,  The employee has not adulterated it in any manner,  Each specimen bottle used was sealed with a tamper-evident seal in the collector's presence, and  The information provided on the Chain of Custody Forms and on the label affixed to each specimen bottle is correct Drug Test – Any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites. Illegal Drug - Any drug which:  Is not legally obtainable;  Is legally obtainable but not legally obtained  Is being used in a manner or for a purpose other than as prescribed. Any drug or substance, including controlled substances, the possession of which without a prescription is defined as a violation of state or federal statutes; or any prescription drug that was not prescribed to the affected employee by a person licensed to issue such prescription Initial Drug Test – A sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens. The initial screen for all drugs except alcohol will use an immunoassay approved by the Agency for Health Administration. Legal Drug - Prescribed drugs and over-the-counter drugs, which have been legally obtained and are being used solely for the purpose for which they were prescribed or manufactured. Medical Review Officer - A licensed medical physician responsible for receiving laboratory results generated by an employer's drug screening program. The Medical Review Officer must have knowledge of substance abuse disorders and appropriate medical certification to interpret and evaluate an individual's confirmed positive test, medical history, and other relevant biomedical information. Safety Sensitive – Any position, with respect to a public employer, including supervisory or management position, in which a drug impairment would constitute an immediate and direct threat to public health or safety, such as a position which requires the employee to carry a firearm, perform life-threatening procedures, work confidential information or documents pertaining to criminal investigations, or work with controlled substances; or a position in which a momentary lapse of attention could result in injury or death to another person. Special Risk Member – Personnel who are required to be certified under Chapter 943 Law Enforcement and Correctional Officer. Shy bladder - Inability to produce an adequate urine sample within three (3) hours after consuming forty (40) ounces of fluids. Federal guidelines are observed requiring a written medical explanation from a licensed physician; otherwise it will be considered a refusal to test. Drug Screening 26.6 Page 2 of 9 Under the Influence (Employee) - An employee who is unable to perform duties because of the use of any drug, alcohol or controlled substance. An employee shall be deemed to be under the influence if the employee is physically or mentally impaired and / or unable to perform job related duties in an acceptable manner. Unfit for Duty - Any worker who is unable to perform their assigned duties with reasonable skill and safety due to physical, emotional, or chemical reasons. GENERAL.1 Drug and / or alcohol testing may be requested at any time by any Supervisor who suspects impairment of any kind. Supervisors should ensure a test is implemented under these conditions. PROHIBITIONS.2 In order to maintain the integrity of the agency and ensure public safety, the Sheriff requires all employees shall not:  Abuse legal drugs or alcohol; take official action while using a legal drug, which could affect job performance; or take official action when using alcohol  Sell, illegally purchase, or transfer a legal / prescription drug  Sell, purchase, transfer, use, or possess illegal drugs or drugs obtained illegally  Report for work or use agency equipment under the influence of alcohol or within eight (8) hours after drinking alcoholic beverages  Report for work or use agency equipment under the influence of a legal drug taken as a medication to the extent job performance would or could be affected..3 The sale, purchase, transfer, use, or possession of illegal drugs or drugs obtained illegally is a violation of state and federal criminal statutes and therefore will result in termination..4 For drug and alcohol prohibitions, see also policy 26.1 Standards of Professional and Personal Conduct. Drug Screening 26.6 Page 3 of 9 RESPONSIBILITY FOR REPORTING.5 Any employee using drugs or therapeutic treatments prescribed by a physician or other authorized health practitioner shall determine from the prescribing person whether the treatment prescribed has any effects, which may interfere with the performance of their duties..6 Employees who need to use prescription or nonprescription legal drugs while at work must report this requirement to their Division Director, if the use might impair their ability to perform the job safely and effectively.  Depending on the circumstances, employees may be reassigned, prohibited from performing certain tasks, or prohibited from working, if they are determined to be unable to perform their jobs safely and properly while taking the prescription or nonprescription legal drugs..7 If any employee is subjected, or exposed to any drug and / or alcohol, they may file a written statement indicating the substance exposed to, the period of exposure, and the circumstances surrounding the exposure..8 Any employee who suspects another employee of using drugs and / or alcohol in violation of agency policies, state or federal laws, or who has received such information shall immediately notify any Supervisor in their chain of command to include first line Supervisor through Division Director. A written statement is required. REASONABLE SUSPICION.9 Breath, blood, and / or urine testing will be conducted under the following circumstances: When there is "reasonable suspicion”, an employee has used a drug, alcohol or other controlled substance in violation of the law or agency policies, rules and regulations  When an employee is found in possession of suspected illicit drugs, alcohol or drug paraphernalia or when suspected illicit drugs, alcohol or drug paraphernalia are found in a work area controlled or used exclusively by the employee  Following an incident in which safety precautions were violated or unusually careless acts were performed and there is "reasonable suspicion" to believe these actions were the result of using drugs or alcohol  As part of a rehabilitation program  As a result of prior disciplinary proceeding against the employee related to the use of drugs or alcohol  When an employee is observed to be acting abnormally and endangers themselves or others, has the physical appearance of intoxication with or without the odor of alcohol, is absent from duty frequently or with no reasonable explanation or violates the alcohol / drug provisions of agency policy  Any or all of the above signs are considered “reasonable suspicion” of drug / alcohol abuse for the purpose of this policy.  Drug Screening 26.6 Page 4 of 9 ADMINISTRATIVE DRUG SCREENING / TESTING PROGRAM.10 The following will occur when a supervisor has reasonable suspicion for "suspected abuse of drugs or alcohol".  The Lieutenant / Manager shall notify the Human Resources Executive Manager / designee, in writing, with detailed information establishing reasonable suspicion.  Human Resources will coordinate drug testing with the employee and testing facility. Action by the Supervisor – Immediate Testing.11 It is recognized alcohol on the breath or in the blood is considered transient evidence. Therefore, if a supervisor has reason to believe an employee is under the influence of an alcoholic beverage, immediate testing may be administered as appropriate. Procedure for Testing.12 The employee shall be advised failure to submit to testing constitutes failure to obey a direct order and could result in disciplinary action up to and including termination..13 Due to the potential for adverse "labeling" of an employee, all activities associated with the drug testing will be considered highly confidential and personal. All persons involved will take extreme care to preserve the employee’s personal integrity during the entire process. Because of the confidential nature of the drug testing, all reports, findings, or other material relating to the drug screening tests which are not sustained, will be maintained in the employee’s scanned medical file. These tests shall be kept confidential to the extent permitted by law..14 Upon receipt of a positive test result, the Human Resources Executive Manager or designee will generate a report which will be forwarded to the employee’s Division Director..15 A Lieutenant / Manager or above can take the immediate action of administrative leave, as appropriate to the circumstances and make a determination whether the employee should have their job responsibilities removed pending the testing outcome..16 When one or more of the circumstances listed in this policy results in a positive drug and / or alcohol test, the Sheriff shall be notified immediately. Use of the Test Results.17 In appropriate cases, every effort will be made to help the employee deal with an alcohol abuse or legal drug problem through the Employee Assistance Program (EAP). However, if this effort fails, or is obviously inappropriate given the nature of the problem, then appropriate disciplinary action shall be initiated..18 If after complete analysis, the employee tests positive for an illegal drug, the employee will be immediately suspended. If the employee tests positive for a legal drug, the employee may remain on leave pending further investigation. Drug Screening 26.6 Page 5 of 9 Testing Site.19 Employees shall be escorted to the St. Johns County Detention Center, or designated facility to begin the testing process. In the event it is an alcohol related test, the breath test will be done at the St. Johns County Detention Center by a certified Intoxilyzer Operator. If the employee sustained an injury and requires medical treatment, they will be taken to the nearest approved medical facility where medical treatment and testing will be accomplished..20 The testing facility should verbally report the results within seventy-two (72) hours of their receipt of the specimen. Test results are reported to the Human Resources Executive Manager..21 A report of the results of all testing will be e-mailed to the Human Resources Executive Manager or designee who will inform the General Services Division Director of such..22 The testing facility will ensure the testing is completed in compliance with the Chain of Custody, or Forensic Drug Testing Custody and Control Form. The testing facility will contact the contracted testing facility to pick up the specimen and take on the responsibility to maintain the chain of custody throughout their handling and testing. Corrections Lieutenant Responsibility.23 If the employee is escorted to the Detention Center for a breath test or blood alcohol content (BAC), the Corrections Lieutenant or designee will take action(s) to ensure the halls are clear of inmates to provide as much privacy as possible for the employee. POST-INCIDENT DRUG & ALCOHOL SCREENING.24 This section establishes guidelines and procedures for post-incident drug & alcohol screening. Post-incident drug and alcohol screening is mandatory within the criteria established by this policy. See policy 26.1 Standards of Professional and Personal Conduct..25 The Human Resources Executive Manager shall be responsible for the review and security of test results..26 Test results shall be scanned to the employee’s medical file upon completion of all investigations..27 Employees can contact Human Resources to obtain a copy of their tests results upon completion of all investigations..28 Drug screening tests will be performed upon collection of a urine sample. Alcohol screening test(s) will be performed with a breath testing machine by a certified Intoxilyzer operator. Drug Screening 26.6 Page 6 of 9 CRITERIA FOR MANDATORY DRUG & ALCOHOL TESTING: LETHAL FORCE AND AGENCY CRASHES.29 Deputies who have used lethal force or employees involved in agency vehicle crashes involving personal injury (injuries requiring treatment by a medical facility or transport of any person by Fire / Rescue), and / or death, will be drug and alcohol tested. This occurs if it is the opinion of the chain of command, primarily the on-scene Supervisor, that there is a reasonable suspicion the employee is impaired or as requested by the employee involved in the crash. (See policy 61.16 Agency Vehicle Crashes and 1.8 Response to Resistance.) Procedures.30 The on-duty Supervisor with the assistance of Human Resources is responsible to ensure the urine sample is collected as soon as practical after the incident..31 Employees shall be personally escorted by their Supervisor, or an on-duty assigned Supervisor, to one of the following facilities for sample collection:  Breathalyzer Test - Detention Center – Intake  Monday through Friday during regular business hours; approved testing facility location  After regular business hours, weekends and holidays: designated emergency room center..32 The Supervisor is responsible for the following:  Notify Human Resources  If enroute to the Detention Center, notify the on-duty Corrections Lieutenant. Chain of Custody.33 The collection facility will ensure the testing is completed in compliance with the Chain of Custody form or Forensic Drug Testing Custody and Control form. The testing facility will then contact the contracted testing facility to pick up the specimen and they will maintain the chain of custody throughout their handling and testing. MANDATORY RANDOM DRUG SCREENING.34 The St. Johns County Sheriff’s Office will, through the use of an unbiased selection procedure, conduct mandatory random drug screening of all employees. Annual mandatory screening will be completed on all personnel assigned to specially designated positions. The screening will be performed in accordance with agency drug-screening rules. Drug Screening 26.6 Page 7 of 9 DRUG SCREENING STANDARDS.35 All screening will be conducted by a certified laboratory; positive test results will be reviewed by a certified Medical Review Officer to assure accuracy. All screening, specimen collection, security measures, reports, storage, handling, chain of custody procedures, and quality control procedures will be performed in accordance with appropriate state and federal rules and regulations and will be collected with due regard to the privacy of the individual providing the specimen. General Procedures.36 Random drug tests are unannounced and the dates and times of the screening shall be spread reasonably throughout the year..37 The Human Resources Executive Manager / designee will be responsible to randomly generate a list of employees to be tested; ten (10%) percent of each Directorate, ten (10%) percent of all Executive Command Staff on a quarterly basis..38 The Human Resources Executive Manager or designee is assigned as the primary contact for obtaining, receiving, and providing information..39 The Human Resources Executive Manager or designee will notify the employee who has been selected for screening..40 If the employee is unavailable for an approved purpose (to include but not limited to vacation, administrative leave, military duty, medical leave, or agency authorized leave of absence), thus making it impossible to test the employee based on approved leave, the next numbered sequence is selected..41 The Human Resources Executive Manager / designee will have the employee report without delay to the approved testing facility location. Extenuating circumstances may occur, however, employees shall report to the facility within the facility’s normal business hours on the day of notification of drug screening..42 An employee who refuses to submit to drug screening or repeatedly avoids or misses drugscreening appointments will be subject to disciplinary action, up to and including termination..43 All samples will be collected by the approved testing facility during business hours..44 If a test is not collectable because of possible tampering or adulteration, a second test will be requested. The second test will be observed. If a test is rejected because of purposeful adulteration, the employee will be subject to disciplinary action, up to and including termination..45 A certified Medical Review Officer will review with the employee all positive test results concerning that employee. The Medical Review Officer will ask about prescriptions and over-the-counter medications the employee may have taken. Drug Screening 26.6 Page 8 of 9.46 No physician-patient relationship is created by the establishment and administration of a drug-screening program..47 Documentation of a positive drug screening result will be scanned in the employee’s confidential medical file. The employee will be informed of the positive result..48 The Human Resources Executive Manager / designee will forward all positive results to include supporting documentation to Internal Affairs..49 Employees who have tested positive will be placed on Administrative Leave during an investigation. An employee may be terminated and / or disciplined for the first positive confirmed drug screening, pursuant to F.S. 893.13. EMPLOYEE NOTIFICATION OF POSITIVE RESULTS.50 The Human Resources Executive Manager will notify the employee via memo, on the day of receipt of a confirmed positive test result from the Medical Review Officer..51 Upon request, a copy of the test results shall be provided to the donor by Internal Affairs. CONFIDENTIALITY.52 All information received in regards to the random drug screening results will be scanned into the employee’s confidential medical file. Results will be available to the employee upon request. TESTING.53 The testing laboratory may test for the following substances:  Marijuana  Cocaine  PCP  Amphetamines  Opiates  Barbiturates  Methaqualone  Benzodiazepines  Propoxyphen (Darvocet)  Methodone  Alcohol  Steroids ____________________ Robert A. Hardwick Sheriff Drug Screening 26.6 Page 9 of 9