3.19.pdf

SHERIFF’S POLICY MANUAL 3.19 DRUG-FREE AWARENESS PROGRAM/CONTROLLED SUBSTANCE AND ALCOHOL POLICY: 3.19.1 General: BSO is committed to providing a safe environment for employees and the public; protecting BSO property; preventing influences with harmful effects o...

SHERIFF’S POLICY MANUAL 3.19 DRUG-FREE AWARENESS PROGRAM/CONTROLLED SUBSTANCE AND ALCOHOL POLICY: 3.19.1 General: BSO is committed to providing a safe environment for employees and the public; protecting BSO property; preventing influences with harmful effects on safety or job performance; and supporting programs that enhance employees and the public's safety. BSO recognizes alcohol and drug abuse as potential health, safety, and security problems and expects employees to assist in maintaining a work environment free from the effects of alcohol, drugs, or other intoxicating substances. For these reasons, BSO has adopted this policy as a measure to ensure: A. Employees' fitness for duty. B. Employees are aware that successful completion of drug tests is a condition of continued employment. C. The random drug test selection is based on a computer generated selection program per policy and procedure. D. Compliance with drug-free workplace state and federal laws. E. Employees are informed, via drug-free awareness programs, on workplace drug abuse dangers, drug counseling, and employee assistance rehabilitation programs. F. This section represents a statement of policy related to drug and alcohol awareness programs and drug testing. Section 2.29 of the Sheriff’s Policy Manual represents a statement of agency policy and procedures related to Drug/Alcohol Abuse. Both sections will cross-reference language, where applicable. 3.19.2 Policy: A. Prohibited Acts: 1. Unlawful possession, use, purchase, manufacture, distribution, or dispensation of illegal controlled substances, alcoholic beverages, or other intoxicants while on or off duty or conducting BSO business. 3.19 Page 1 of 6 07/22/2015  SHERIFF’S POLICY MANUAL 2. Harassing or retaliating against employees or supervisors who in good faith, report alleged violations of this policy. 3. Trying to defeat or tamper with a drug test. B. Employee Responsibilities: 1. It is an employment condition that all employees notify Human Resources, in writing, of any criminal drug conviction in the workplace no later than five-calendar days after the conviction. 2. Employees taking administrative or civil actions due to the results of a drug test per Florida Statute will be required to notify the testing laboratory of the action. C. Human Resources will notify the grant funding federal agency within 10 days after receiving notice on criminal statute convictions of employees engaged in the grant. D. BSO will take one of the following actions within thirty (30) days of Human Resources receiving notice that an employee has been convicted, or has pled “Nolo Contendre” (No Contest) to criminal drug activity: 1. Disciplinary action up to and including termination. 2. Successful participation in a drug abuse assistance or rehabilitation program approved by federal, state, local law enforcement, or other appropriate agencies. 3.19.3 Drug-Free Awareness Education: A. BSO will make the following information available to employees: 1. Maintaining alcohol and drug-free workplaces 2. Dangers of workplace drug abuse 3. Identification of personal and emotional problems due to alcohol or drug misuse 3.19 Page 2 of 6 07/22/2015  SHERIFF’S POLICY MANUAL 4. Legal, social, physical, and emotional consequences of alcohol or drug misuse 5. Assistance available from the Employee Assistance Program and other drug counseling and rehabilitation programs B. The Employee Assistance Program Manager will maintain a providers list for employee assistance on: 1. Alcohol or drug abuse programs 2. Mental health providers 3. Other providers assisting with personal and behavioral problems C. Employees may make arrangements to review the providers list by contacting the Employee Assistance Program Manager. D. Employee Assistance Program (EAP): Additional information regarding EAP is addressed under subsection 3.18 in the Sheriff’s Policy Manual. 1. The Employee Assistance Program provides assistance to employees and their families suffering from alcohol or drug abuse. 2. It is the employee's responsibility to seek assistance from the Employee Assistance Program before alcohol or drug problems lead to disciplinary actions. 3. Assistance should not be construed as condoning any form of substance abuse nor interpreted as a waiver of BSO's right to maintain discipline, a safe environment, or respond to unsatisfactory job performance or other problems due to substance abuse. 4. If a violation of this policy occurs, subsequent use of the Employee Assistance Program on a voluntary basis may not lessen the disciplinary action and may have no bearing on the disciplinary decision. 5. If an employee has accessed services on a voluntary basis from the Employee Assistance Program, this fact alone can not be used against the employee in any disciplinary proceeding. 3.19 Page 3 of 6 07/22/2015  SHERIFF’S POLICY MANUAL E. Nothing in this policy will be construed as a BSO obligation to provide or pay for substance abuse counseling except as provided in the BSO benefits packages or if an employee is command referred for treatment. 3.19.4 Drug Test: BSO uses the standards and procedures in relevant Florida Statute and Administrative Code to test for the presence of alcohol or drugs in employees and establish evidence of controlled substances or alcohol use as follows: A. Employees applying for law enforcement, detention, fire rescue or cross-certified positions will submit to drug tests. B. Any current employee whose position assignment is deemed a “Mandatory- Testing Position” as defined by Florida State Statute must also submit to mandatory drug testing. These positions include any employee who is required to: 1. Carry a firearm 2. Work closely with an employee who carries a firearm 3. Perform life-threatening procedures 4. Work with heavy or dangerous machinery 5. Work as a safety inspector 6. Work with children 7. Work with detainees in the correctional system 8. Work with confidential information or documents pertaining to criminal investigations 9. Work with controlled substances 10. Pass an employee security background check 3.19 Page 4 of 6 07/22/2015  SHERIFF’S POLICY MANUAL 11. Work in a job assignment in which a momentary lapse in attention could result in injury or death to another person C. Employees will submit to drug tests if there is reasonable suspicion they are using or have used drugs in violation of policy. D. Employees will submit to routine fitness-for-duty drug tests if tests are for a routinely scheduled employee fitness-for-duty medical exam or routinely scheduled for employees in a classification. E. Employees entering the Employee Assistance Program for drug-related problems or alcohol and drug rehabilitation programs must submit to random drug tests as a follow up to the program on a quarterly, semi-annual, or annual basis for up to two years. Drug tests frequency and duration will be based on objective decisions and individual case factors. F. Employees will submit to random drug tests. The testing process will be as follows: 1. Human Resources will randomly select and identify employees using their CCNs. 2. Employees will be informed of their selection for a drug test not more than 24 hours before a scheduled test time. 3. Employees will only be scheduled for testing while on duty. G. Employees may confidentially report use of non-prescription or prescription medication to BSO's test laboratory before or after testing. H. Initial test results with a threshold detection level equal to or exceeding that indicating a positive result will be communicated directly to the employee by the test laboratory. If the employee has a prescription for the medication, they will be asked to present it to the test laboratory. If the employee does not have a prescription or fails to respond to the test laboratory, BSO will be notified of the positive test result, in accordance to Florida Statute and Administrative Code. I. Test results will be confidential and released only per applicable Florida Statute and Administrative Code. 3.19 Page 5 of 6 07/22/2015  SHERIFF’S POLICY MANUAL J. Upon receipt of a written notice for a positive confirmed drug test, employees may within five working days, submit an explanation or challenge. If the explanation or challenge is unsatisfactory, within 15 days of the receipt of the explanation or challenge, BSO will provide employees with a written explanation on why it is unsatisfactory and report of positive results. Employees may contest drug test results per applicable Florida Statute and Administrative Code. K. “Positive Confirmed Drug Test” Consequences: 1. Employees injured in an on-duty accident or while conducting BSO business with a “positive confirmed drug test” will forfeit medical and indemnity benefits per Florida Workers' Compensation and applicable drug test rules. 2. Employees may be terminated from employment for a “positive confirmed drug test” and forfeit Unemployment Compensation benefits per Florida Workers' Compensation, related laws, and applicable drug test rules. L. Employees refusing to take a drug test or trying to defeat or tamper with a drug test will be treated as employees with positive confirmed drug tests. M. Employees may consult with the BSO-approved test laboratory for technical information on prescription or nonprescription medication. N. Violations of this policy may subject employees to disciplinary action up to and including termination and prosecution under state and federal law. 3.19 Page 6 of 6 07/22/2015