Palm Beach County Fire Rescue Drug Testing Policy PDF

TO: ALL PALM BEACH COUNTY FIRE RESCUE PERSONNEL FROM: PATRICK J. KENNDY FIRE RESCUE ADMINISTRATOR PREPARED BY: FIRE RESCUE PPM COMMITTEE SUBJECT: DRUG TESTING PPM #:...

TO: ALL PALM BEACH COUNTY FIRE RESCUE PERSONNEL FROM: PATRICK J. KENNDY FIRE RESCUE ADMINISTRATOR PREPARED BY: FIRE RESCUE PPM COMMITTEE SUBJECT: DRUG TESTING PPM #: FR-A-110 ISSUE DATE EFFECTIVE DATE March 24, 2023 April 01, 2023 PURPOSE: The purpose of this policy is to deter alcohol and substance abuse, and ensure a Drug Free Workplace. UPDATES: Future updates to this PPM are the responsibility of the Deputy Chief of Administration, in conjunction with the PPM Committee, under the authority of the Fire Rescue Administrator. AUTHORITY:  Fire Rescue Administrator  Collective Bargaining Agreement (CBA), as may be amended. SCOPE: This policy applies to all Palm Beach County Fire Rescue personnel and reservists. ATTACHMENTS: Attachment A: Reasonable Drug Testing Worksheet Attachment B: Drug Testing Flow Chart Attachment C: Drug Testing Procedure POLICY: This policy is intended to be corrective, rather than punitive, in application. Consistent with the other components of the Wellness Program, emphasis shall be placed on prevention and rehabilitation. Also, it shall provide a method for ensuring that all Palm Beach County Fire Rescue bargaining unit Fire Rescue personnel participate in random drug testing as outlined in Article 49 of the CBA,. Any Fire Rescue personnel found to have an alcohol and/or substance abuse problem shall be given an opportunity for rehabilitation before discipline is imposed. PROCEDURE: 1. Palm Beach County may conduct the following types of drug tests in order to maintain a Drug Free Workplace program: a. Testing of Job Applicants: i. Palm Beach County may require job applicants to submit to a drug test and may use a refusal to submit to a drug test or a positive confirmed drug test as a basis for refusal to hire the job applicant. FR-A-110/Page 1 of 5 b. Reasonable Suspicion: i. Palm Beach County may require Fire Rescue personnel to submit to reasonable suspicion drug and alcohol testing, in accordance with Article 49, Section D(2)(B) of the Collective Bargaining Agreement. ii. A Reasonable Drug Testing Worksheet (FR-A-110 Attachment A) shall be filled out and sent to the Professional Firefighters/Paramedic Local 2928 and a copy shall be presented to personnel prior to any drug testing. iii. A Portable Breath Test (PBT) will be used under the reasonable suspicion criteria. In the event an employee using the PBT registers a 0.04% or higher a blood test will be performed. A specimen collection will take place in accordance with the CBA Article 49. The employee will not be able to drive themselves and the Division Chief of Administration shall be contacted. The Division Chief of Administration will arrange for accommodations. The employee will be placed on Admin Leave with pay while the results of the blood test are obtained. iv. An employee who is in need of medical attention or is injured and required to be tested, in accordance with CBA Article 49, shall be taken to a medical facility for immediate treatment of their injury. If the injured employee is not at a designated collection site, the employee will be transported to one as soon as it is medically feasible where specimens shall be obtained. If it is not medically feasible to move the injured (employee within eight (8) hours for alcohol testing, or thirty-two (32) hours for drug testing), specimens shall be obtained at the treating facility under the procedures set forth in the CBA Article 49 and transported to an approved testing laboratory by an EMS Captain or higher ranking officer. The alcohol test shall be administered by use of the device (PBT) utilizing trained personnel from the Palm Beach County Firefighters Health Clinic, LLC or a trained Internal Affairs Officer. If this method is not available, the hospital will administer the alcohol test by drawing blood. If the facility/hospital does not have the capabilities of performing the drug test, upon discharge, from the facility/hospital, personnel shall be driven to a Collection Site for drug testing. This will be done in accordance with Article 49 of the Collective Bargaining Agreement. c. The Palm Beach County Firefighters Employee Benefits Fund must provide 24- hour, on call emergency drug/alcohol testing for Fire Rescue Personnel. d. If after hours, the District Chief or Battalion Chief shall call (561) 358-5077, If a response is not received within 5 minutes, the Chief shall then call the Benefits Fund Administrator at (561) 305-7237. e. An on-call employee of the testing facility shall place a return call to confirm the location and meeting time of drug test. f. If necessary, the Fire Operations Officer shall notify a Deputy Chief or designee to approve the emergency drug testing. g. Random Drug Testing: i. Fire Rescue personnel shall be subject to drug testing on a purely random basis. Every year, 25% of the bargaining unit members shall be randomly selected, of which 50 members shall be tested for alcohol, in addition to drugs. This testing shall be done by a contracted third party company. h. Post-Accident Testing: FR-A-110/Page 2 of 5  i. Testing shall be required if any Fire Rescue personnel is involved in an accident in which Fire Rescue personnel was driving, and any one of the following occurs: an individual has died, an individual suffers a bodily injury and immediately receives medical treatment away from the scene of an accident, one or more vehicles incurs disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. An employee who is in need of medical attention or is injured shall be transported either by rescue or driven to the appropriate facility/hospital by an EMS Captain or higher rank officer. Uninjured personnel will be transported to the Palm Beach County Firefighter Benefit Fund Clinic. j. A PBT will be used as part of the Post Accident Testing. In the event, an employee using the PBT registers a 0.04% or higher a blood test will be performed. The employee will not be able to drive themselves, and the Division Chief of Administration shall be contacted. The Division Chief of Administration will arrange for accommodations. The employee will be placed on Admin Leave with pay while the results of the blood test are obtained. A Specimen Collection, according to the CBA Article 49, will still be conducted. Once the results from the blood work are obtained, the appropriate steps will be followed. k. Also, if the employee is involved in an accident and is in need of medical attention or is injured, the employee will follow section 1.b.iv of this policy. l. Follow-up testing: i. If an employee (1) is confirmed to have a positive drug test in the course of employment or (2) voluntarily enters an employee assistance program for drug- related problems or alcohol/drug rehabilitation program and is placed on extended leave in connection with the same, Palm Beach County may require the employee to submit to one drug test per quarter as a follow-up to such program for a twenty-four-month period thereafter. If an employee requests extended leave in order to enter an employee assistance program for drug- related problems or alcohol/drug rehabilitation program, approval of such request shall be conditional on the employee agreeing to sign an EAP Management Referral Recommendation Statement (FR-H-401 Attachment A). 2. Random Drug Test Procedures a. Fire Rescue personnel selected for random drug testing shall be tested while on duty. If the employee is selected while off duty, testing shall take place on the employee’s next shift day or day back to work, except when the testing falls on a day when the testing is not performed (i.e., Sunday, County holiday, or day that the testing facility is not open). In those instances, the employee shall be tested on the first subsequent testing day that is available. When possible, all night shift personnel shall be tested at the start of their shift. However, in all cases, night shift personnel will be tested before the end of their shift. b. The agreed third party company shall select seven (7) employees weekly using a Department of Transportation (DOT) approved random selection process until 25% of the Fire Rescue is selected and along with the 50 employees for alcohol. Said third party company, shall provide a Certificate of Service to the Fire Rescue. c. At the beginning of each week, the third party company representative shall provide the Deputy Chief of Administration or designee with a list of the seven (7) randomly FR-A-110/Page 3 of 5  selected Fire Rescue personnel from the collective bargaining unit, to include any individual to be tested for alcohol in addition to drugs. d. The Deputy Chief of Administration or designee shall notify the District Chief or the Battalion Chief via email of the individual to be tested. In the absence of the Executive Assistant to the Fire Chief, the Union President and Fire Chief shall agree to a non- bargaining unit replacement. The District Chief or designee shall refer to the Fire Rescue approved staffing program (refer to Staffing, Unit Staffing PPM FR-O-101) to determine the unit on which the randomly selected employee is assigned for that shift. The District Chief or EMS Captain or higher will drive to the station to advise the employee to drive their private vehicle (POV) to the testing facility with a valid I.D. In no circumstance shall the employee be notified over the phone. Once the employee is notified, they will remain in the company of the command staff member until they have left the station. The employee will be given the random drug testing cell phone. The phone is to be used as a continuity and accountability device. At no time shall it be turned off. The employee shall contact the Battalion Chief if there is delay. The employee shall text the Battalion Chief, or District Chief if it is the Battalion Chief who is to be tested, both, when they arrive and when they leave the testing facility. Once the employee arrives at the testing facility, they shall check in with the testing facility personnel and follow all directions for testing. Mileage and reimbursement should be entered following Travel on County Business (PPM FR–F-103). If an individual to be tested is assigned to their own unit, or otherwise needs to report for testing on an individual (1 person) unit, that person shall place their unit out of service and drive their unit to the testing facility and follow all directions for testing after check in. It is the employee’s responsibility to ensure that they carry a valid driver’s license at all times while on duty, as this is considered part of the drug testing process. e. When two employees are to be tested simultaneously from the Battalion, the Battalion Chief or higher rank will choose one of the following options: i. Option A. Drive to the station of one of the employees. Once that employee has been notified, the Battalion Command Staff Supervisor will then escort that employee to the second employee’s work location. The second employee to undergo the drug test will be notified at that time. The two employees will be instructed to ride together to the testing facility for testing. The Battalion Command Supervisor shall maintain visual custody of both employees until they leave for their drug test. ii. Option B. Make contact with the first employee to be tested and send them to the Testing facility following the appropriate protocols outlined in this policy. Once the first employee returns from the Testing facility, contact the second employee to be tested and have them respond at that time. f. Refusal to test for any reason may result in disciplinary action as described under Article 49, of the CBA. Said employee will need to report to the testing facility in a reasonable amount of time (1 hour or less) unless unforeseen circumstances e.g flat tire, car accident etc. In event something hinders the employee to arrive within the allotted time, said employee must contact their immediate supervisor right away. If employee doesn’t report to the testing facility in a reasonable amount of time, it will be considered a refusal to test. An employee refusing to submit to a drug test shall result in discipline up to and including dismissal. An employee refusing to submit to a drug test shall sign a refusal to submit form. FR-A-110/Page 4 of 5  g. Positive drug tests shall be handled in accordance with Article 49 (Drug Testing Article) Section L, of the Collective Bargaining Agreement in accordance of the CBA, Article 45. ______________________________ PATRICK J. KENNEDY FIRE RESCUE ADMINISTRATOR Supersession History 1. PPM#FR VII-05, issued 03/01/2003 2. PPM#FR VII-05, issued 02/25/2015 3. PPM#FR A-110, clerical 03/01/2018 4. PPM#FR A-110, revised 10/05/2018 5. PPM#FR A-110, revised 03/28/2019 6. PPM#FR-A-110, revised 2/10/2021 7. PPM#FR-A-110, revised 04/13/2021 8. PPM#FR A-110, issued 04/01/2023 FR-A-110/Page 5 of 5