Spring Fire Department Drug and Alcohol Policy PDF

Spring Fire Department / Harris County ESD No. 7 Standard Operating Guideline SFD.014 Revision No. 09 Issue Date 15 Jan. 2024 Effective Date 15 Jan. 2024...

Spring Fire Department / Harris County ESD No. 7 Standard Operating Guideline SFD.014 Revision No. 09 Issue Date 15 Jan. 2024 Effective Date 15 Jan. 2024 Approved by: Review Date 1 Jan. 2025 ADMIN Reviewed by HR Scott C. Seifert Drug and Alcohol Policy Drug and Alcohol Policy 1. Executive Summary a. Spring Fire Department has a vital interest in maintaining a safe and efficient working environment and has established a drug-free, alcohol-free workplace program. b. Spring Fire Department prohibits reporting for duty while having any amount of alcohol in the member’s system. c. Spring Fire Department prohibits consuming alcohol 8 hours immediately prior to reporting to duty or possessing or using alcohol while on duty or when performing fire department related job functions. d. Spring Fire Department conducts 10 panel tests and may order more extensive testing if warranted by circumstances. e. Members seeking accommodations for medical prescriptions must engage in an interactive process as detailed in this guideline. f. Spring Fire Department may require testing based on reasonable suspicion, accidents, pre- employment, or at random. SFD.014 Uncontrolled if printed Page 1 of 11  Spring Fire Department / Harris County ESD No. 7 Standard Operating Guideline SFD.014 Revision No. 09 Issue Date 15 Jan. 2024 Effective Date 15 Jan. 2024 Approved by: Review Date 1 Jan. 2025 ADMIN Reviewed by HR Scott C. Seifert Drug and Alcohol Policy 2. Purpose a. The Spring Fire Department has a vital interest in maintaining a safe and efficient working environment. We recognize that alcohol use and drug use pose a significant threat to this goal. Therefore, we have established a drug-free, alcohol-free workplace program for Members with the intent to maintain an alcohol and drug-free environment. i. This policy recognizes that member involvement with alcohol and other drugs is detrimental to the health and safety of the member and fire department. 3. Policy Statement a. As a condition of membership/employment, Spring Fire Department requires that members adhere to this policy regarding the use and possession of drugs and alcohol. 4. Scope a. Any individual without limitation, any Member, who is representing or conducting business for Spring Fire Department on Spring Fire Department property, scene or is applying for employment or membership is covered by this policy. Spring Fire Department property, for purposes of this policy, includes, without limitation, all real property, personal property, facilities, offices, grounds, parking lots, land, buildings, automobiles, trucks, and all other vehicles and equipment, whether owned, leased, or used, that are utilized in the performance of Department business, and any other work locations, parking lots and transportation that is used to travel to and from locations, while in the course and scope of membership/employment or performing department business.. 5. Definitions a. See Glossary. 6. Procedures and Responsibilities a. Prohibited Behaviors and Activities i. The following conduct regarding alcohol and drug use or abuse is prohibited: SFD.014 Uncontrolled if printed Page 2 of 11  Spring Fire Department / Harris County ESD No. 7 Standard Operating Guideline SFD.014 Revision No. 09 Issue Date 15 Jan. 2024 Effective Date 15 Jan. 2024 Approved by: Review Date 1 Jan. 2025 ADMIN Reviewed by HR Scott C. Seifert Drug and Alcohol Policy 1. Alcohol Concentration a. Spring Fire Department members will not report for duty or remain on duty while having any amount of alcohol in their system. 2. Pre-Duty Use of Alcohol a. Spring Fire Department members will not consume alcohol during the period of 8 hours immediately prior to reporting to duty. 3. Alcohol Possession and On Duty Use of Alcohol a. Spring Fire Department Members may not possess or use alcohol while on duty or when performing fire department related job functions. 4. Use of Drugs a. Spring Fire Department Members may not possess or use illegal drugs or legal drugs that affect their ability to perform the essential functions of the job while on duty or when performing fire department related job functions. Spring Fire Department members may not report for duty or remain on duty when a member has used a drug or drugs, except when the use is pursuant to instructions of an authorized physician who has advised the member that the substance will not adversely affect the member’s ability to perform their duties safely and effectively. Spring Fire Department Members may not be impaired in a manner that renders them unable to perform the essential functions of their job safely and effectively due to off-duty medical cannabis or THC usage as prescribed. b. Prescribed THC may not be taken during the period of 8 hours immediately prior to reporting to duty. b. Spring Fire Department Members who are taking a prescription or over-the-counter medication or medically prescribed medical cannabis or THC that may impair their ability to perform their duties safely and effectively must notify Human Resources and will provide written notice from their physician or pharmacist with respect to the effects of such substances. c. Spring Fire Department conducts 10 panel testing for the following: marijuana, cocaine, amphetamines, phencyclidine (PCP), and opiates, including Codeine, Morphine and Heroin. In some cases, the Spring Fire Department may conduct a more extensive drug test if Spring Fire Department management determines the circumstance(s) warrant further testing. d. In some circumstances, and on a case-by-case basis, Spring Fire Department may allow members who use medical cannabis or THC as prescribed by an authorized physician, and who test positive SFD.014 Uncontrolled if printed Page 3 of 11  Spring Fire Department / Harris County ESD No. 7 Standard Operating Guideline SFD.014 Revision No. 09 Issue Date 15 Jan. 2024 Effective Date 15 Jan. 2024 Approved by: Review Date 1 Jan. 2025 ADMIN Reviewed by HR Scott C. Seifert Drug and Alcohol Policy for the same, to continue their employment with Spring Fire Department as long as they are able to carry out their job duties and responsibilities in a safe and effective manner. Spring Fire Department will not tolerate impairment as the result of drug usage, whether medically prescribed or not, while the Member is at work. i. Those Members who want reasonable accommodation that does not pose an undue hardship on the Spring Fire Department for their off duty medical cannabis or THC use as prescribed, must request reasonable accommodation and engage in the interactive process as outlined below. ii. Spring Fire Department reserves the right to amend its policy conditionally permitting medical cannabis or THC usage outside of work at its sole discretion. e. Refusal to Submit to a Required Test i. Spring Fire Department members may not refuse to submit to a post-accident, random, reasonable suspicion, return-to-duty or follow-up alcohol or drug test as directed by this policy. Members who refuse to cooperate in required tests will be terminated. f. Positive Drug Test i. Subject to the exception for medical THC usage discussed in Section D, members who have tested positive will be terminated. g. Tampering with a Required Test i. Spring Fire Department members may not tamper with, adulterate, alter, substitute, or otherwise obstruct the testing process. Tampering with a test will result in termination. h. Possession, Transfer or Sale i. No Spring Fire Department members may possess, transfer or sell drugs while in any position covered by this policy. i. Notification of Convictions i. Any Spring Fire Department members who are convicted of a criminal drug or alcohol violation will immediately notify Human Resources upon release from being held. j. Circumstances Requiring Testing i. Reasonable Suspicion Testing - All members are subject to testing based upon (but not limited to) observations by the manager and/or supervisor of apparent workplace use, SFD.014 Uncontrolled if printed Page 4 of 11  Spring Fire Department / Harris County ESD No. 7 Standard Operating Guideline SFD.014 Revision No. 09 Issue Date 15 Jan. 2024 Effective Date 15 Jan. 2024 Approved by: Review Date 1 Jan. 2025 ADMIN Reviewed by HR Scott C. Seifert Drug and Alcohol Policy possession, or impairment. The Human Resources Department and the on duty District Chief will be consulted before sending a member for testing. All levels of supervision making this decision must document specific observations and behaviors that create reasonable suspicion that the person is under the influence of illegal drugs and/or alcohol. A referral for testing will be made on contemporaneous, articulable observations. Such referrals will be made by Spring Fire Department supervisory personnel who have received training concerning the signs and symptoms of drug and alcohol use. If the observation indicates further action is justified, the supervisor should confront the member with another member of management. Under no circumstances will the member be allowed to drive himself or herself to the testing facility. A member of management must escort the member. The supervisor must make arrangements for the member to be transported home. k. Reasonable Accommodation i. The Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act of 1990 (ADA), the ADA Amendments Act of 2008 (ADAAA), and the Texas Commission on Human Rights Act (TCHRA) protect members with disabilities from discrimination. These laws also require that the Spring Fire Department provide applicants and members with disabilities with reasonable accommodation that does not impose undue hardship. No magic words are required, but a member or applicant seeking reasonable accommodation must put Human Resources on notice that they are seeking reasonable accommodation. Spring Fire Department is not required to provide a specific accommodation or provide the accommodation requested by the Member; rather the Member and the Spring Fire Department are required to engage in an interactive process where the nature and the terms of the accommodation are discussed, and a determination is made by Spring Fire Department. ii. Members requesting reasonable accommodation based on their prescription drug use, medical cannabis or THC use must fill out a Request for Accommodation form, available through Human Resources. The Spring Fire Department will evaluate such requests and engage in the interactive process to determine if reasonable accommodation is possible. If the Spring Fire Department determines that a member is unable to safely and effectively perform the essential functions of their job with or without reasonable accommodation, the Spring Fire Department reserves the right terminate the Member’s employment. l. Post-Accident Testing SFD.014 Uncontrolled if printed Page 5 of 11  Spring Fire Department / Harris County ESD No. 7 Standard Operating Guideline SFD.014 Revision No. 09 Issue Date 15 Jan. 2024 Effective Date 15 Jan. 2024 Approved by: Review Date 1 Jan. 2025 ADMIN Reviewed by HR Scott C. Seifert Drug and Alcohol Policy i. Testing must take place within two hours following an accident if not sooner where: 1. Equipment damage is greater than one thousand ($1,000) dollars. 2. Any injuries requiring medical care. 3. In the event of a fatality. 4. Any at fault accident. 5. Any third party (non-department party) accident or property damage regardless of fault. ii. The decision not to administer a test under this section will be based on the department’s determination, using the best available information at the time. iii. Spring Fire Department will test members for drugs and alcohol or a metabolite of those drugs in the member’s system if suspected that the member’s performance either contributed to an accident or cannot be completely discounted as a contributing factor to the accident. iv. Members who leave the scene of an accident without justifiable explanation prior to submission to drug and alcohol testing will be considered to have refused to cooperate and will automatically be subject to termination. v. Nothing in this section will be construed to require the delay of necessary medical attention for injured people following the accident or to prohibit a covered Spring Fire Department member from leaving the scene of accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. If a member is taken to the hospital for treatment, drug and alcohol testing will be requested at the treating facility. m. Random Testing i. Random testing for drugs is performed on an unannounced, unpredictable basis. Outside, contracted department vendors make the selections of which members will be tested. n. Pre-employment Drug Testing i. All applicants must pass a drug test before beginning work and after receiving an offer of employment. Refusal to submit to testing will result in disqualification of further employment consideration. SFD.014 Uncontrolled if printed Page 6 of 11  Spring Fire Department / Harris County ESD No. 7 Standard Operating Guideline SFD.014 Revision No. 09 Issue Date 15 Jan. 2024 Effective Date 15 Jan. 2024 Approved by: Review Date 1 Jan. 2025 ADMIN Reviewed by HR Scott C. Seifert Drug and Alcohol Policy o. Collection and Testing Procedures i. Members’ subject to alcohol testing will be driven to a Spring Fire Department designated facility and directed to provide breath specimens. Breath specimens will be tested by trained technicians using federally approved breath alcohol testing devices capable of producing printed results that identify the member. If a member’s breath alcohol concentration is.04 or more, a second test will be determinative. Alcohol tests may also be a blood, or saliva test, at Spring Fire Departments’ discretion. For purposes of this policy, test results generated by law enforcement or medical providers may be considered by Spring Fire Department as work rule violations. ii. Members subject to drug testing will be driven to a Spring Fire Department designated medical facility and directed to provide urine specimens. Members may provide specimens in private unless they appear to be submitting altered, adulterated or substitute specimens. Collected specimens will be sent to a federally certified laboratory and tested for evidence of marijuana, cocaine, opiates, amphetamines, PCP, benzodiazepines, methadone, methaqualone, and propoxyphene use. (Where indicated, specimens may be tested for other illegal drugs.) The laboratory will screen all specimens and confirm all positive screens. There will be a chain of custody from the time the specimens are collected through testing and storage. iii. The laboratory will transmit all positive test results to a Medical Review Officer (“MRO”) retained by Spring Fire Department, who will offer persons with positive results a reasonable opportunity to rebut or explain results. Persons with positive test results may also ask the MRO to have their split specimen sent to another federally certified laboratory to be tested at the member’s own expense. Such requests must be made within 72 hours of notice of test results. If the second facility fails to find any evidence of drug use in the split specimen, the member will be treated as passing the test. In no event will a positive test result be communicated to Spring Fire Department until such time that the MRO has confirmed the test to be positive. p. Monitoring and Enforcement i. Inspections 1. Spring Fire Department reserves the right to have managers or supervisors conduct unannounced searches and inspections to ensure compliance with Spring Fire Departments’ policies and procedures. The searches may include, without SFD.014 Uncontrolled if printed Page 7 of 11  Spring Fire Department / Harris County ESD No. 7 Standard Operating Guideline SFD.014 Revision No. 09 Issue Date 15 Jan. 2024 Effective Date 15 Jan. 2024 Approved by: Review Date 1 Jan. 2025 ADMIN Reviewed by HR Scott C. Seifert Drug and Alcohol Policy limitation, lockers, desk, dorm room, department owned vehicles and/or department owned equipment. q. Consequences i. Applicants who refuse to cooperate in a drug test or who test positive will not be hired and will not be allowed to re-apply/re-test in the future. ii. Members who refuse to cooperate in required tests will be terminated. If the Member refuses to be tested, yet a manager or supervisor believes he or she is impaired, under no circumstances will the member be allowed to drive himself or herself home. iii. Members who have been tested for drug or alcohol post-accident or based on reasonable suspicion will be suspended pending the results of the drug/alcohol test. Members who have been tested randomly will not be suspended pending results. After Spring Fire Department receives the results of the drug/alcohol tests, a date/time will be scheduled to discuss the results of the test. The meeting will include a member of management/supervision and the Human Resources Director. Should the results prove to be negative, the Member will receive back pay for the times/days of suspension. Members will be paid for time spent in alcohol/drug testing. iv. Members who have tested positive will be discharged except as provided in Section 6.a.d of this policy. r. Responsibilities and Communication i. Assistance 1. Spring Fire Department recognizes that alcohol and drug abuse and addiction may be treatable illnesses. We also realize that early intervention and support improve the success of rehabilitation. To support our Spring Fire Department Members, our drug-free workplace policy: a. Encourages Spring Fire Department members to seek help if they are concerned that they may have a drug and/or alcohol problem. b. Encourages Spring Fire Department members to utilize the services of qualified professionals in the community to assess the seriousness of suspected drug or alcohol problems and identify appropriate sources of help. c. Spring Fire Department will assist and support members who voluntarily seek help for such problems. If, however, a member seeks help after he or she is scheduled to be tested, the procedures in this policy will be followed in the event the member tests positive. SFD.014 Uncontrolled if printed Page 8 of 11  Spring Fire Department / Harris County ESD No. 7 Standard Operating Guideline SFD.014 Revision No. 09 Issue Date 15 Jan. 2024 Effective Date 15 Jan. 2024 Approved by: Review Date 1 Jan. 2025 ADMIN Reviewed by HR Scott C. Seifert Drug and Alcohol Policy s. Confidentiality i. Information and records relating to positive test results, drug and alcohol dependencies, and legitimate medical explanations provided to the MRO will be kept confidential to the extent required by law and maintained in secure files separate from normal personnel files. Such records and information may be disclosed among managers and supervisors on a need-to-know basis and may also be disclosed where relevant to a grievance, charge, claim, or other legal proceeding initiated by or on behalf of a member or applicant. t. Shared Responsibility - A safe and productive drug-free workplace is achieved through cooperation and shared responsibility from all Spring Fire Department members who have important roles to play. i. In addition, Spring Fire Department members are encouraged to: 1. Be concerned about working in a safe environment. 2. Support fellow workers in seeking help. 3. Report dangerous behavior. ii. It is the department management’s responsibility to: 1. Inform Spring Fire Department members of the drug-free workplace policy. 2. Observe the performance of Spring Fire Department’s members. 3. Investigate reports of dangerous practices. 4. Document negative changes and problems in performance that are believed to be a result of alcohol, illegal drugs, or illegal intoxicants. 5. Clearly state consequences of policy violations. u. Communication - Communicating our drug-free workplace policy to Spring Fire Department members is critical to our success. The department must ensure all Spring Fire Department members and managers are aware of their role in supporting our drug-free workplace program: i. All Spring Fire Department members to whom the policy applies will receive a written copy of the policy. ii. All Spring Fire Department members to whom the policy applies will receive an update of the policy annually. iii. Every supervisor, officer and/or manager will receive training to help him/her recognize and manage Spring Fire Department members with alcohol and other drug problems. v. If You Have Questions - The person designated by Spring Fire Department to answer member questions about this material is the Human Resources Director. SFD.014 Uncontrolled if printed Page 9 of 11  Spring Fire Department / Harris County ESD No. 7 Standard Operating Guideline SFD.014 Revision No. 09 Issue Date 15 Jan. 2024 Effective Date 15 Jan. 2024 Approved by: Review Date 1 Jan. 2025 ADMIN Reviewed by HR Scott C. Seifert Drug and Alcohol Policy 7. References & Related Policies a. This section provides references to applicable laws, standards, or other related internal policies or guidelines. NFPA Applicable State or Federal Statutes OSHA Spring FD TCFP CPSE PI ISO TFCA 8. Contact Office a. The appropriate contact office for questions or comments on this SOG is: i. Company Officer 1. District Chief a. Human Resources Director i. Assistant Chief 1. Fire Chief 9. List of Changes Revision Approved Effective Description of Changes No. by Date 9 Updated to include expanded language for medical prescriptions. Seifert 12/21/2023 10. Errors See something wrong? Click here or use this QR code to submit an error or inconsistency. SFD.014 Uncontrolled if printed Page 10 of 11  Spring Fire Department / Harris County ESD No. 7 Standard Operating Guideline SFD.014 Revision No. 09 Issue Date 15 Jan. 2024 Effective Date 15 Jan. 2024 Approved by: Review Date 1 Jan. 2025 ADMIN Reviewed by HR Scott C. Seifert Drug and Alcohol Policy This policy is for internal use only and does not enlarge a member’s legal duty or civil liability in any way. This policy should not be construed as creating a duty to act or a higher duty of care, with respect to third-party civil claims against members or the department. A violation of this policy, if proven, can only form the basis of a complaint by this department for non-judicial administrative action in accordance with the laws governing member discipline. SFD.014 Uncontrolled if printed Page 11 of 11