Article 37 drug testing/rehabilitation

Question 1

What is the purpose of dread testing/screening program?

Answer 1

There are five principles for drug testing.
1) fairness in testing
2) deterrence from drug use
3) detection of drug use
4) treatment and rehab
5) enforcement is essential for deter rehab and detection.

Question 2

What is drug testing based on?

Answer 2

Reasonable suspicion

Question 3

What may reasonable suspicion be based upon for drug testing?

Answer 3

-Direct observation of drug use
-Erratic behavior while on duty
-focus of a criminal investigation, arrest, or indictment
-flagrant violations of the departments rules and procedures
-A reliable source reports drug use of a member for example another law-enforcement agency
-causing an accident which is partially caused by the employee that result results and either fatality, any injury where they are transported, damage to property in excess of $2500, or unintended discharge of a firearm

Question 4

If a supervisor suspects drug use, what do they have to do?

Answer 4

If a supervisor has reasonable suspicion that someone is using drugs, they shall document in writing, and then consult with a second supervisor of a higher rank, and they shall jointly decide whether reasonable suspicion exists, and if the employee shall be referred for drug testing.

Question 5

What happens if the supervisor and the second supervisor of higher rank, decides testing is necessary for drugs?

Answer 5

The association shall be notified immediately, and if practical discuss with the supervisor, if reasonable suspicion exists for employee drug test.

Question 6

What happens if an employee refuses to submit to a drug test or sign the form?

Answer 6

It will constitute insubordination in the employee will be subject to discipline.

Question 7

What happens if there is a case where supervisor determines that the employees condition or behavior causes a potential threat of harm to himself or others?

Answer 7

The employee will be immediately escorted to the collection facility. If there’s no other misconduct, resulting in suspension, the employee shall be placed on paid administrative leave and shall be subject to customary restrictions on such leave leave.

Question 8

If a member is escorted to a collection facility, what happens?

Answer 8

The supervisor or superior shall remain with the employee at the collection site until testing is concluded and also notify the employee that he or she is not to return to work, pending receipt of test results or until a determination is made that reasonable suspicion was not substantiated.

Question 9

At the time of reasonable suspicion drug testing what are the employee rights during testing?

Answer 9

The employees urine sample will be divided into two collection bottles “split sampling”. If the specimen is reported as positive the employee may have the untested specimen independently tested by laboratory written application to Colonel within 10 days of the notification of a positive result.

Question 10

At the time of urine sample what shall the employee also be provided with?

Answer 10

They shall be provided with a confidential, written statement as to whether he or she is using any prescription drugs.

Question 11

What happens if the employee test negative and or is successful in their appeal for the reasonable suspicion test?

Answer 11

The urine samples shall be destroyed, and NO material on the test shall be placed in the employees personal file?

Question 12

What five drugs are tested for in urine samples for reasonable suspicion drug testing?

Answer 12

-Marijuana,
-cocaine
-opiates
-phencyclidine (PCP) and
-amphetamines.

Question 13

Can a drug test search for any other kind of drugs?

Answer 13

If drugs is suspected of a particular kind, including, but not limited to LSD, methaqualone, barbiturates, benzodiazepines, ( steroids)

Question 14

What are the consequences of a positive test?

Answer 14

The member is subject to immediate termination. However, any employee testing positive for the first time she’ll be allowed to enter a recognize, certified rehabilitation program in Lou of discipline. An employees seniority will not be interrupted by any inpatient or outpatient participation.

Question 15

What are the consequences of a positive test?

Answer 15

The member is subject to immediate termination. However, any employee testing positive for the first time she’ll be allowed to enter a recognize, certified rehabilitation program in Lou of discipline. An employees seniority will not be interrupted by any inpatient or outpatient participation.

Question 16

What happens if an employee does not success successfully complete the rehab program?

Answer 16

They may be sent to a second rehab program.

Question 17

What happens after a second unsuccessful, no-fault attempt at rehab or an employees at fault failure to success of the rehab program?

Answer 17

Discipline may result up to termination.

Question 18

Upon successful completion of rehab and upon employee return to duty what could happen?

Answer 18

Upon return to duty, the employee shall be subject to random drug screening test for a period up to 24 months. Any employee refusing shall be terminated.

Question 19

What happens during the appeal of the decision to test under “reasonable suspicion“.

Answer 19

The dispute shall be submitted to a neutral panel of arbitrators. The list of arbitrators shall be half from the union and half from the HRD. The list of 20 arbitrator names shall be listed in alphabetical order. HRD and union strike up to five names off of the list. The panel rotates in is appointed every 24 months and listed in alphabetical order.

Question 20

What does the arbitrator do for reasonable suspicion appeals?

Answer 20

The arbitrator shall provide over a hearing within seven days, and shall issue a bench determination at the close of the hearing as to whether the department had reasonable suspicion or not. The determination of the arbitrator shall be final and binding.

Question 21

What does the arbitrator do for reasonable suspicion appeals?

Answer 21

The arbitrator shall provide over a hearing within seven days, and shall issue a bench determination at the close of the hearing as to whether the department had reasonable suspicion or not. The determination of the arbitrator shall be final and binding.

Question 22

What happens in the event that the arbitrator determines that the department did not have reasonable suspicion for the drug test?

Answer 22

The Colonel shell issue a letter of apology to the involved employee.

Question 23

When is random drug testing done?

Answer 23

All sworn officers will be subject to random drug testing during an employees regularly scheduled shift. The selection shall be by computer generated numbers by an outside contractor.

Question 24

What happens if an employee refuses to report for testing?

Answer 24

Refusal to report for testing shall constitute insubordination and will result in the imposition of discipline.

Question 25

What is post incident testing?

Answer 25

An employee shall be subject to an immediate post incident drug test when involved in a critical incident which occurs:
-If the employee is involved in on duty death of a person
-operation of a vehicle or any time in a department vehicle on a rough duty by an employee which results in a fatal traffic accident or accident causing injury or property damage an excess of $2500
-The actions of employee causes any physical injury or death to a person by the use of any firearm either on or off duty.

Question 26

Who conducts the post incident testing?

Answer 26

The selection of a lab in medical review officer or a MRO is chosen to fulfill the function of reviewing the test results of an employee of post incident testing. The MRO is an independent contractor to make sure that the test procedures are fair.

Question 27

If a signed rehab agreement for post incident testing is done what are the rehab agreements consist of?

Answer 27

-proof of attendance on a monthly basis
-If absent, must submit medical certificate explaining why
-Employer pays for rehab, not covered under the members health insurance
-24 months of random drug testing and the subject is dismissed if they refused to take the test or test positive.