Article 49- Drug Testing
Types of Tests:
- Testing of job applicants - Reasonable suspicion - Random Testing - Post-accident testing - Follow-up testing
All such documentation shall be kept confidential by Palm Beach County and shall be retained by Palm Beach County for at least:
1 year
Also, drug testing laboratories shall remain in place all confirmed positive specimens in a properly secured long- term frozen storage facility for a period of at least _______ from the date of the initial testing.
1 year
The purpose of this policy is to deter alcohol and substance abuse and to ensure that:
1. Employees are at the highest state of readiness while on duty. 2. Employees are physically and mentally sound to perform their duties. 3. A safe workplace is provided for all employees.
If it is not medically feasible to move the injured employee within ___________ specimens shall be obtained at the treating facility under the procedures set forth in this Article and transported to an approved testing laboratory.
(within eight (8) hours for alcohol testing, or thirty-two (32) hours for drug testing),
Reasonable suspicion is defined as the following:
- Observable phenomena while at work, such as direct observation of drug use, or the physical symptoms or manifestations of being under the influence of a drug. - Significant deterioration in work performance. - Evidence that an individual has tampered with a drug test during his employment with the current employer. - Evidence that an employee has used, possessed, sold, or solicited drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment.
If it is unable to be satisfactorily resolved with the Fire Rescue Administrator within ______ calendar days, such a grievance shall be immediately arbitrated under the expedited arbitration rules as set forth in Section K (Expedited Arbitration for Reasonable Suspicion Cases) of this policy.
10
The laboratory shall report tests results to the MRO within ______ business days after receipt of the specimen by the laboratory.
10
Within _______ calendar days from when an explanation is due, Palm Beach County must notify the employee in writing of their final decision.
15
During the ________ period after written notification of a positive test result, the employee who has provided the specimen shall be permitted by Palm Beach County to have a portion of the specimen retested at the employee's expense.
180 day
If an employee disputes the supervisor's recommendation of reasonable suspicion, the employee must, nonetheless, submit to a blood/urinalysis test, as ordered by the Deputy Chief of Operations, while also filing a grievance in writing directed to the Fire Administrator within ______ business days of the testing order.
2
Random Testing: - Random selection of _______ percent of bargaining unit employees every year will be made by a contracted third party utilizing a Department of Transportation approved random selection computer program.
25% - 50 will be tested for alcohol
An employee testing positive for drugs or alcohol as a result of random, reasonable suspicion, post-accident or follow-up testing shall receive a ________ shift un-paid suspension or additional discipline if the incident or conduct of the employee warrants it.
3 - Subsequently, if the employee is confirmed to have tested positive for alcohol/substance abuse, the employee shall be subject to discipline up to and including termination.
Such oral response shall be reduced to writing for the record by the arbitrator and submitted to the parties within _______ business days from the close of the hearing unless otherwise mutually agreed by Palm Beach County and Local 2928.
5
The MRO will provide an opportunity for the employee or job applicant to discuss the positive test result and to submit documentation of any prescriptions relevant to the positive test result for up to _____ days after notification period.
5
The employee must be allowed at least up to _______ business days to submit information to Palm Beach County explaining the test results prior to the final decision by Palm Beach County.
5
The MRO will initially notify the employee or job applicant of a confirmed positive test result within ______ business days of receipt of the test result from the laboratory, and determine if any alternate medical explanations caused a positive test result.
5 - This notification may be accomplished via telephone
All records pertaining to a given specimen shall be retained by the drug testing laboratory for a minimum of:
5 years
All employees may, upon request, have a Union representative present during the testing procedure; provided that the test will not be postponed for more than ____ minutes wait for a Union representative.
60
The parties shall select an arbitrator from a panel of ______ arbitrators provided by the Federal Mediation and Conciliation Service which will be requested by the Union.
7 - Such selection shall take place within five (5) business days of receipt of the panel.
Urine will be used for the initial test for all drugs, and for the confirmation of all drugs, except:
Alcohol
When a grievance alleging that the order of reasonable suspicion was improper is unable to be resolved with the Fire Rescue Administrator, the grievance shall be submitted directly to:
Arbitration - Such grievance shall be heard as soon as possible after the employee files the grievance unless otherwise mutually agreed by Palm Beach County and Local 2928.
Release of such information under any other circumstances shall be solely pursuant to a written consent form signed voluntary by the person treated, unless such release is compelled by an __________ pursuant to an appeal taken under this drug testing policy, or unless deemed appropriate by professional or occupational licensing board in a related disciplinary proceeding.
Arbitrator or a court of competent jurisdiction
Once the employee is rehabilitated, as determined by the program administrator, the employee must be allowed to return to work without:
Being Disciplined
The arbitrator will be required to make a _____ at the close of the hearing, which must specifically determine whether Palm Beach County had reasonable suspicion as defined in this Article to order the drug test.
Bench Ruiling - An oral response will be sufficient to settle the grievance at the close of the hearing.
Such form shall provide notice of the most common medication by:
Brand name or common name as applicable, as well as the chemical name, which may alter or affect a drug test. - The information provided shall be reviewed by the medical review officer (MRO) in interpreting any positive confirmed results.
A form showing the _______ will be used for each employee or job applicant tested.
Chain of Custody
This determination by the MRO shall include:
Conducting a medical interview with the employee or job applicant, review of the employee's or job applicant's medical history, review of any other relevant bio-medical factors, a review of all medical records made available by the tested employee or job applicant, and an inquiry as to whether any prescription or non-prescription medications could have caused the positive test result.
The collection site utilized by Palm Beach County must be mutually agreed upon between the:
County and Local 2928.
Test results will not be released to any representative of Palm Beach County unless the arbitrator confirms that the:
County ordered the testing based on reasonable suspicion as defined in this policy.
At this time, only the _________ (or person acting in this capacity in the absence of the actual Deputy Chief) may order reasonable suspicion drug testing.
Deputy Chief of Operations
If no such request is received, the laboratory may ________ the specimen after one year of storage.
Discard
If the employee fails to complete the program, the employee shall be subject to:
Discipline
When an employee does undertake an administrative or legal challenge to the results of a drug test, it shall be the ________ responsibility to notify the laboratory in writing of such challenge.
Employee's - After such notification, the sample shall be retained by the laboratory indefinitely until the administrative or legal challenge is settled.
A copy of this documentation must be given to the:
Employee, and Local 2928, prior to testing.
Confirmation test: - All specimens identified as positive on the initial test shall be confirmed using:
Gas chromatography mass spectrometry (GC/MS) except that alcohol will be confirmed using gas chromatography (GC).
Palm Beach County will not request or receive from any testing facility any information concerning the personal health, habit, or condition of the tested employee including the presence or absence of _________ in the tested employee's body fluids.
HIV antibodies
Such retesting must be done at another ________, as previously specified in this Article, chosen by the employee or job applicant.
HRS-licensed laboratory
Refusal to Test:
If an employee refuses to submit to a test for drugs and alcohol; he/she shall be disciplined, up to and including termination, for such refusal by Palm Beach County.
Within five (5) business days after receipt of the positive confirmed test result from the MRO, Palm Beach County shall inform the employee _________ , of the positive confirmed test result and the employee's right to explain or contest the test results.
In writing via certified letter sent to the employees last known address
Laboratory assistance: - The approved laboratory shall provide technical assistance to the MRO or employee for the purpose of:
Interpreting any positive confirmed test results, which could have been caused by a prescription or non-prescription medication taken, by the employee.
However, if the employee disputes whether reasonable suspicion exists, the employee may also file a grievance as specifically set forth in the employee protection provision section:
J-2
If a non-safety-sensitive position is unavailable, or if the program administrator requires in-patient treatment for the employee, the employee shall be placed on _______ successfully rehabilitated.
Leave status without pay until - If placed on leave status without pay, the employee may request to be placed on extended leave or use any accumulated leave hours prior to being placed on leave without pay.
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 conditioned on the employee agreeing to sign a:
Management referral form
Documents and records with regard to the drug testing of an employee shall _______ be placed in the personnel file of an employee if the employee is cleared through an administrative or legal challenge; and/or under reasonable suspicion drug testing, if the employee's test results are negative.
NOT
Palm Beach County shall _____ have a legal duty under this article to request an employee or job applicant to undergo drug testing.
NOT
The drug and alcohol testing program was initiated at the request of the:
Palm Beach County Fire Rescue Wellness Steering Committee
The grievance process will begin as soon as:
Palm Beach County notifies the employee in writing of Palm Beach County's final decision regarding the tested employee.
Any reoccurrence of alcohol/substance abuse, which is verified by a confirmed positive test thereafter, shall be grounds for discipline, up to and including termination, with no further opportunity for:
Rehabilitation
The following cut-off levels, as established by:
Rule 59A of the Florida Administrative Code
The __________ recommending reasonable suspicion testing shall detail in writing the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant testing.
Supervisor
If an employee is confirmed to have tested positive for alcohol/substance abuse on a second occurrence, the employee shall be subject to discipline, up to and including:
Termination
Refusal to enter such a program shall result in the _______ of the employee.
Termination
Prior to testing, Palm Beach County must provide all employees or job applicants for employment with a copy of:
This article
Palm Beach County, through the ___________, must provide training through an annual educational course to all supervisors who will be assigned the task of determining or certifying reasonable suspicion as defined in this policy.
Wellness Steering Committee
Pending the arbitrator's decision, which shall be final and binding, the blood/urinalysis sample shall be frozen, and testing by the laboratory shall be:
Witheld
"Laboratory" means
a facility, inside or outside the State of Florida, licensed by the Department of Health and Rehabilitative Services that is mutually agreed upon by Local 2928 and Palm Beach County. The parties shall select a laboratory prior to the implementation of this policy.
"Medical Review Officer or MRO" means
a licensed physician, employed with or contracted with by Palm Beach County Firefighters Employee Benefit Fund, who is responsible for receiving and reviewing all confirmation results for the laboratory.
"Collection Site Person" means
a person provided by an approved laboratory who instructs and assists employees at a collection site and who receives and makes an initial examination of the specimen provided by those employees.
"Job applicant" means
a person who has applied for a special risk or safety- sensitive position with Palm Beach County and has been offered employment conditioned upon successfully passing a drug test.
"Collection Site" means
a place where employees present themselves for the purpose of providing a specimen to be analyzed for the presence of drugs.
"Initial drug test" means
a sensitive, rapid and reliable procedure to identify negative and presumptive positive specimens. The initial screen for all drugs shall be an immunoassay procedure, except that, the initial test for alcohol shall be an enzyme oxidation methodology.
"Specimen" means
a tissue or product of the human body capable of revealing the presence of alcohol and/or drugs or their metabolites.
The consent form must contain, at a minimum:
a. the name of the person who is authorized to obtain the information; b. the purpose of the disclosure; c. the precise information to be disclosed; d. the duration of the consent; and e. the signature of the person authorizing release of the information.
Palm Beach County must place any employees who are tested for reasonable suspicion under the provisions of this Article on ________ until a final decision is made on the tested employee by Palm Beach County.
administrative leave with pay
Palm Beach County may test for any or all the following drugs:
alcohol, amphetamines, cannabinoids, cocaine, phencyclidine, or opiates.
"Drug" means
alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors, Amphetamines, Cannabinoids, Cocaine, Phencyclidine , and Opiates.
In the event that the results of the blood/alcohol or urinalysis testing are confirmed positive or upon acceptance of a management referral for substance abuse, the employee must enter an _________ approved by the Palm Beach County and Local 2928 before, during, or after exhausting all administrative or legal remedies.
alcohol/substance abuse program
"Nonprescription controlled substance" means
amphetamines; cannabinoids; cocaine; phencyclidine (PCP); or opiates obtained without a prescription.
"Employee assistance program" means
an established program for employee assessment, counseling, and referral to an alcohol and drug rehabilitation program.
"Employee" means
any Bargaining Unit member who works for salary, wages, or other remuneration for Palm Beach County Fire Rescue Department.
"Drug test" or "test" means
any chemical, biological or physical instrumental analysis in conformity with this policy, administered for the purpose of determining the presence or absence of a drug or its metabolites.
"Safety-sensitive position" means
any position, including a supervisory or management position in which a drug impairment would constitute an immediate and direct threat to public health or safety, including but not limited to mechanics.
The laboratory shall transmit results to the MRO in a manner designed to ensure ________ of the information.
confidentiality
Palm Beach County will not discharge, discipline, refuse to hire, discriminate against, or require rehabilitation of an employee or job applicant on the sole basis of a positive initial (EMIT) test result that has not been verified by a:
confirmation test
Drug testing laboratories shall retain and store all:
confirmed positive specimens
The MRO is responsible for:
contacting all positively tested individuals to inquire about possible prescriptive or over-the-counter medications, which could have caused a positive test result.
The policy is intended to be _________, rather than punitive, in application.
corrective
Information on drug test results shall not be released or used in any:
criminal proceeding against the employee
The MRO will then communicate the test results of an employee or job applicant to a _______ of Palm Beach County and the employee or job applicant.
designated representative
Also, reasonable suspicion drug testing must be based upon the:
direct observation of at least two corroborating witnesses. - the supervisor's written recommendation as to reasonable suspicion must be approved in writing by the Deputy Chief of Operations.
Palm Beach County must inform employees and new hires about any:
employee assistance programs that Palm Beach County may have available
"Special risk" means
employees who are required as a condition of employment to be certified under Chapter 633, Florida Statutes, or Chapter 943, Florida Statutes.
For alcohol, ___________ will be used as the initial test and blood (gas chromatography) for the confirmation test.
enzyme oxidation (breath or blood)
The second laboratory must test at an ________ for the drug in question, as the first laboratory.
equal or greater sensitivity level
"Alcohol" means:
ethyl alcohol (ethanol)
"GC/MS" means
gas chromatography/mass spectrometry
An employee may challenge the testing procedures, test results, and/or consequential action taken by Palm Beach County through the:
grievance procedure
Prior to any collection of a specimen, Palm Beach County shall provide a form for the employee or job applicant to provide any information he or she considers relevant to the drug test including: .
identification of currently or recently used prescription or non-prescription medication or other relevant medical information
Grievances, unless otherwise stated, shall be:
immediately arbitrated under the expedited arbitration rules as set forth in Article 16, Section 4, of the current Collective Bargaining Agreement.
Initial test: - The initial screen for all drugs shall use an ________ except that the initial test for alcohol will be an enzyme oxidation methodology.
immunoassay methodology
This course must also include a presentation on the:
legal, social, physical, and emotional consequences of the misuse of alcohol or drugs.
"Confirmation test, "confirmed test", or "confirmed drug test" means
means a second analytical procedure run on a sample that was positive on the initial screening test. - The second analytical procedure must be used to identify the presence of a specific drug or metabolite in a specimen.
"Reasonable suspicion drug testing" means
means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy, drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience.
Palm Beach County shall have a contact person within the fire department who will be responsible for providing the:
names, addresses, and telephone numbers of the employee assistance program available to employees.
Whether the rehabilitation is a result of a positive drug test or not, and if approved by the program administrator, Palm Beach County shall make every effort to place a safety-sensitive position employee whose drug test result is confirmed positive in a _______ while the employee participates in the employee assistance program.
non-safety-sensitive position
Follow-up Testing: - 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 problem 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.
Palm Beach County, through the EAP Coordinator, must provide an annual education course for its employees to assist them in identifying:
personal and emotional programs, which may result in the misuse of alcohol or drugs
No inference or presumption of intoxication or impairment may be made in a case where a:
physician prevents a specimen extraction based on his or her medical expertise.
Collection site personnel: - A specimen for a drug test may be taken or collected solely by a:
physician, a physician's assistance, a registered professional nurse, or medical assistant who has the necessary training and skills for the assigned tasks.
Only specimens, which are confirmed as ______ on the confirmation test, shall be reported positive to an MRO for a specific drug.
positive
Consistent with the other components of the Health & Fitness Program, emphasis shall be placed on:
prevention and rehabilitation
The approved _______ shall determine when the employee has been successfully rehabilitated.
program administrator
The MRO and/or the tested employee may request from the laboratory, and the laboratory shall provide:
quantitation of test results
All confirmations shall be done by:
quantitative analysis
There will be no _______ in which the program administrator will be obligated to determine whether an employee has been successfully rehabilitated.
set time frame
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.
The MRO will have knowledge of:
substance abuse disorders and shall also be knowledgeable in the medical use of prescription drugs and in the pharmacology and toxicology of illicit drugs.
If the employee did not submit information explaining the test results, or if Palm Beach County deems the explanation to be unsatisfactory, Palm Beach County must include in their final decision:
the consequences of such results and the options available to the employee including the right to file an administrative or legal challenge.
"Threshold detection level" means
the level at which the presence of a drug or alcohol can be reasonably expected to be detected by an initial and a confirmatory test performed by a laboratory that meets standards established herein.
"Chain of Custody" refers to:
the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, storing and reporting of test results.
Palm Beach County will not discharge, discipline, or discriminate against any employee upon the employee ______, while under the employment of Palm Beach County, for an alcohol or drug-related problem unless they do not comply with EAP directives and have signed a management referral form.
voluntarily seeking treatment
Within one-year period of time, an employer, employee, job applicant, or medical review officer may request in _______ that the laboratory retain the specimen for an additional period of time.
writing
Reasonable suspicion drug testing shall not be required except upon the:
written recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question provided that, the recommending supervisor has received "Supervisory Training for EAP".