OG 3012 - Drugs and Alcohol

What is the basis for reasonable suspicion?

"Reasonable suspicion" means suspicion based on specific personal observations that a supervisor can describe concerning the appearance, behavior, speech and/or breath odor of the employee. Reasonable suspicion must be based on direct, first hand observations by a supervisor that has received training in the detection of probable drug and/or alcohol use by observing an individual's behavior and such observation must be confirmed by a person holding the rank of Battalion Chief or higher.

How long do I have to explain myself after being presented with reasonable suspicion?

After the employee has voluntarily waived his/her right to Union representation or after waiting a reasonable amount of time (up to 30 minutes) for the employee to consult with the most readily available Union representative, either in person or by telephone, which ever is quicker, the employee shall be given an opportunity to respond to or explain the reasons for the observed behavior and such response or explanation shall be documented.

What notification am I entitled to before the department administers a drug or alcohol test on me?

All employees will be duly informed of the City's alcohol and drug testing policy before testing is administered. Each present employee will be furnished a copy of this policy. Newly hired employees will be provided with this information on their initial date of hire.

Am I allowed to return to work before the sample is analyzed?

An employee will not be allowed to return to work until the results of the test are reported to the SFD.

How do I get assistance if I believe I have a problem with drugs or alcohol?

Any employee who feels that he or she has developed an addiction to, dependence upon or problem with alcohol or drugs, legal or illegal, is encouraged to voluntarily seek assistance.

What is the Employee Assistance Program?

Assistance may be sought by contacting, in confidence, the City's Employee Assistance Program ("EAP"). Each request for assistance will be treated as confidential and shall not be released except as authorized or required by law and/or this Policy. An employee voluntarily seeking assistance will have the opportunity for appropriate assessment, referral, and rehabilitation (treatment and prescribed follow-up care) as recommended or directed by the EAP. Rehabilitation (treatment and prescribed follow-up care) itself is the responsibility of the employee.

Can the Union monitor the drug and alcohol testing program?

At any time, the Union, upon request, will have the right to inspect and observe any aspect of the drug and alcohol testing program with the exception of individual test results and the schedule for follow-up drug and/or alcohol tests. The Union may inspect individual test results if the employee involved authorizes the release of this information.

What are the sample testing rules and procedures?

Collection, sampling, analyzing, testing, and reporting protocols and procedures, including cutoff levels, shall be in accordance with protocols and procedures established by the DOT and outlined in the City's CDL Drug and Alcohol Testing Policy. Urine specimens collected under the program shall be used only to test for those drugs established by the DOT and outlined in the City's CDL Drug and Alcohol Testing Policy and may not be used to conduct any other analysis or tests. Breath samples collected under the program shall be used only to test for alcohol and may not be used to conduct any other analysis or tests.

Can an employee challenge the results of a drug or alcohol test?

Each employee has the right to challenge the results of drug testing in the same manner that he/she may grieve any SFD action.

What are the many ways in which I can fail to submit to a drug or alcohol test?

Failure to accept transport and/or report to an approved collection or testing site. Failure to provide adequate breath or urine for testing without a valid medical excuse. • Engaging in conduct that clearly obstructs the testing procedure • Adulterating a sample • Failure to sign required consent and/or testing forms • Failure to cooperate in the testing process

Can I seek assistance instead of submitting to a drug or alcohol test?

For employees voluntarily enrolled in a formal treatment program recommended by the EAP prior to being required to submit to an alcohol or drug test, the City will grant a leave of absence. An employee is only guaranteed one (1) such leave during the period of his employment with the City. There shall be no further rehabilitation leaves, except as required by the Americans With Disabilities Act Washington Law Against Discrimination.

Can an employee use the drug or alcohol discipline standard to avoid other types of discipline?

If an employee is subject to discipline or termination under existing practices, such employees shall not utilize this alcohol and drug policy to circumvent the labor agreement or existing practices or to avoid discipline or termination.

Is follow-up care a condition of employment?

If follow-up care is prescribed after treatment, this shall be a condition of continued employment.

What happens if a Battalion Chief or higher cannot confirm the suspicion that an employee is under the influence of drugs or alcohol?

In the event a person holding the rank of Battalion Chief or higher cannot or will not confirm the supervisor's observation, the supervisor may either document the reasons for not taking any further action regarding reasonable suspicion testing or may require the employee to submit to a test after consulting with other management or safety staff within the SFD.

What happens if my drug or alcohol test is negative?

In the event the test results are reported as negative, the employee shall be paid for lost work time due to the testing, and no discipline shall be levied against the employee as a result of the test.

What are the consequences of a positive drug or alcohol test?

In the event the test results are reported as positive, the employee who tests positive shall be discharged, except as set forth in section 11.2 below. The Chief may impose a 30 calendar day suspension in lieu of discharge provided the employee signs a Last Chance Agreement, accepts a referral to the Employee Assistance Program, successfully completes rehabilitation and follow up testing in accordance with section 12.0 below.

Will disciplinary action be taken against me if I voluntarily submit to a drug or alcohol program before being required to submit to a test?

No disciplinary action will taken against an employee who voluntarily seeks assistance from the EAP for an addiction to, dependence upon or problem with alcohol or drugs prior to being required to submit to an alcohol or drug test so long as the employee abides by the terms of any treatment/rehabilitation plan formulated by the EAP and participates in any after care or maintenance programs recommended by the EAP

Can the department fire me if I fail a drug test after submitting to treatment?

Nothing in this section shall preclude the SFD from requiring an employee who has voluntarily sought assistance from the EAP to submit to an alcohol and/or drug test and from subsequently discharging such an employee who tests positive where there is reasonable suspicion for such test in accordance with section 6.0 below. Failure to abide by the terms of a treatment plan, or failure to participate in after care or maintenance programs as recommended by the EAP shall be grounds for discharge.

Can I return to duty after completing a formal treatment program?

Once an employee successfully completes rehabilitation (treatment and prescribed follow-up care), he shall be returned to his regular duty assignment without reduction of pay, if such assignment is available, upon certification by the EAP that the employee is able to return to work.

Can I harass or intimidate an employee with reasonable suspicion testing?

Reasonable suspicion testing shall not be used to harass or intimidate any employee(s).

What happens if there is reasonable suspicion an employee has reported to work or is on duty while under the influence of drugs or alcohol?

SFD secures property and protects evidence Appropriate law enforcement agency contacted Employee immediately removed from his work assignment Supervisor will document his/her observation in writing. In the presence of a witness, the supervisor shall present the employee with the written documentation, shall tell him he's being tested, and shall tell him about union representation

Can the department discipline me for drug and alcohol use outside the reasonable suspicion standard?

SFD shall not take disciplinary action against an employee for drug and/ or alcohol use unless the employee has tested positive on a reasonable suspicion drug and/or alcohol test administered in accordance with this Policy or unless such usage has the effect of impairing the employee's performance of his/her official duties or job behavior to an appreciable degree and/or unless such use occurs while on duty.

Can I order a test based on third-hand reports?

Suspicion is not reasonable and thus not a basis for testing if it is based solely on third party observation and reports.

What is the purpose of the Seattle Fire Department's Drug and Alcohol Policy?

The City of Seattle Fire Department (hereinafter referred to as the "SFD") and IAFF Local 27 (hereinafter referred to as the "Union") acknowledge that substance abuse is a serious and complex, but, treatable condition/ disease that negatively affects the personal lives of employees, job safety, and the quality of fire fighting work. The SFD and the Union are committed to addressing the problems of substance abuse in order to ensure the safety of the working environment, employees and the public, and to providing employees with access to necessary treatment and rehabilitation assistance.

What is reasonable suspicion testing?

The Department may require an employee to submit to drug and/or alcohol testing only when there is "reasonable suspicion", as defined below, to believe that an employee has reported to work or is on duty with drugs and/or alcohol in his or her body at or in excess of the concentration cutoff levels established by the DOT and outlined in the City's CDL Drug and Alcohol Testing Policy.

What is the consequence for refusing to submit to a drug or alcohol test?

The consequence for the failure/refusal to submit to a test is the same as if the test had been reported positive.

What happens if the Department's drug and alcohol policy conflicts with State or Federal laws?

The provisions of this Alcohol and Drug Policy shall not apply to the extent that they are inconsistent with State or Federal law. In the event that state or federal laws provide additional requirements for substance abuse testing, those requirements shall be incorporated in this Policy.

What happens after I am allowed to explain myself?

Transported to collection site, sample transported to testing facility, employee transported home or to the place where the sample is collected.

Can I waive union representation someone is reasonably suspicious I am on drugs or alcohol?

Yes.