08-16 Fitness for Duty Flashcards
What is the Rationale?
The Toronto Police Services Board (Board) and the Toronto Police Service (Service) are committed to providing a workplace that is safe to all members. The Service also has a responsibility to take reasonable precautions to protect the public and Service members from potential harm. To that end, it is vital that members perform their duties free from any impairment that could hinder their ability to work safely and competently. Cannabis impairment is different for every individual and can be influenced by how cannabis is ingested [source: Health Canada]. The requirement to be fit for duty includes being free from potential impairment that can occur for a considerable amount of time post-cannabis consumption.
Current studies indicate the risk of occupational exposure to Cannabis for Service members is low. Second and third hand smoke is not likely to create a reportable exposure and impairment due to the length of time and conditions required for any effects to be realized. Studies have shown that it can take upwards of four (4) hours of continuous exposure in an unventilated space where multiple smokers are actively smoking to show second hand absorption.
Procedure
This procedure is specific to members who are directed to attend the Wellness Unit for a fitness for duty assessment.
Members voluntarily seeking assistance for an issue are encouraged to seek help. Resources available include contacting the Service’s Employee and Family Assistance Program (EFAP) provider.
Fitness for Duty Assessments
Fitness for duty assessments of Service members are the responsibility of the Wellness Unit (Wellness). No medical information will be disclosed to a member’s Unit Commander; however, Wellness will share information related to
an absence or return to work abilities.
Factors that may impact a member’s fitness for duty include illness, injury, fatigue, mental stress, alcohol and drug use.
Cannabis
Unlike alcohol, which eliminates from the body at a constant rate, compounds found in cannabis such as tetrahydrocannabinol (THC) are metabolically complex and are released from the body at variable rates. Factors such as
frequency of cannabis use and body fat levels cause people to metabolize THC differently and, dependent on the person, THC can stay stored in the body’s fat deposits for a considerable amount of time after cannabis was last ingested.
Cannabis
Because cognitive impairment from cannabis use can persist for a considerable and unpredictable amount of time after the initial intoxicating effects, there exists a risk of
potential harm to the public and other Service members post-consumption of cannabis.
Cannabis
In accordance with Standards of Conduct 1.25, members SHALL not:
- misuse cannabis to the extent that the said substance may have an adverse effect on the performance of their duties as a member of the Service or otherwise bring discredit to the reputation of the Service
- use recreational cannabis for a minimum of twenty-four (24) hours prior to attending work
The Service will endeavour to accommodate all members who require the use of medically prescribed or authorized cannabis.
Testing
In accordance with Standards of Conduct 1.26, when there are REASONABLE GROUNDS to investigate a member for using alcohol or drugs in a manner prejudicial to duty, the member SHALL be afforded the opportunity to take the appropriate
test (intoxilizer, drug recognition evaluation, or other recognized screening method). The Service reserves the right to undertake appropriate post-incident drug testing for cannabis, when applicable.
Member
- When directed to attend Wellness for a fitness for duty assessment SHALL
- attend as directed
- comply with the recommendations of the Medical Advisor or designate
Member
- When it is apparent that another member’s performance of duty is impaired, SHALL
advise any supervisor as soon as is practicable.
Supervisor
- When approached by a member who voluntarily seeks help for an issue, where work performance or safety is not affected, SHALL
- advise the member of options available for assistance, including the CIRT/PSV program, the EFAP, consultation visits at Psychological Services, Wellness, Volunteer Chaplains, benefits coverage for psychological treatment provided in the community, and community partner wellness resources, such as Toronto Beyond the Blue
- follow up, if required, to provide the member with appropriate support and encouragement to resolve the problem
Officer in Charge
- When it is determined that there is fitness for duty or safety concerns SHALL
- ensure the member is given immediate medical treatment, if required
- immediately notify the Unit Commander of the circumstances on a TPS 649
Officer in Charge
- When in receipt of a TPS 649 and/or a MED 1 containing recommendations from Wellness SHALL
- follow up with the member to ensure compliance
- give a copy to the member’s immediate supervisor
Unit Commander
- When advised that there is fitness for duty concerns for a member SHALL
- confer with the member
- advise the member of options available for assistance including Wellness, EFAP, and community partner wellness resources, such as Toronto Beyond the Blue
- ensure a TPS 649 is forwarded to the Unit Commander – Wellness requesting a fitness for duty assessment, including all relevant facts and history regarding the member (e.g. sick record, performance records, etc.)
- ensure a mandatory fitness for duty evaluation is arranged, if applicable
- ensure the member attends for an assessment as determined by the Medical Advisor or designate
- follow up to ensure that the member complies with ongoing recommendations by the Medical Advisor or designate
- follow up, if required, to ensure the member receives proper support and encouragement to resolve the problem
- ensure that heightened performance monitoring and management is provided
Unit Commander
- When learning that a member refuses to cooperate with a mandatory fitness for duty evaluation SHALL
take the appropriate disciplinary action.
Unit Commander
- When in receipt of a TPS 649 and/or a MED 1 containing recommendations from Wellness SHALL ensure
- member’s Officer in Charge is provided with a copy
- the appropriate action is taken
- the duties assigned to the member comply with the directions contained in the MED 1 and/or TPS 649
- the process outlined in this Procedure is reinitiated if fitness for duty concerns reoccurs
- when a follow–up is requested by Wellness, a TPS 649 is completed and forwarded to MAS
Definitions 08-16
Cannabis means
- any part of a cannabis plant, including the phytocannabinoids produced by or found in such a plant, regardless of whether that part has been processed or not, other than a part of the plant referred to in Schedule 2 [of the Cannabis Act]
- any substance or mix of substances that contains or has on it any part of a cannabis plant; or
- any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained [including synthetic cannabis products]. [source: Cannabis Act, Schedule 1].
Fitness for Duty means
that a member is mentally, emotionally and physically able to safely and competently perform assigned duties, without any limitations attributable, but not limited to, illness, injury, fatigue, mental stress or the use and/or aftereffects of alcohol or drugs.
