HomeMy WebLinkAboutR&R 102.02A Suspected Impairment while On-Duty102.02A—Suspected Impairment While On -Duty
Effective: 3/5/2017
Revised:
Replaces:
I. Guiding PhilosophX
Impaired emergency responders can be a danger to themselves, their coworkers and the
public. We do our best to maintain our individual and collective fitness for duty, and commit to
being unimpaired while at work so that we are able to best achieve our mission.
II. Purpose
The purpose of this policy is to define expectations, responsibilities and consequences
relative to the uniform management of cases where there is a reasonable suspicion that a BFR
member is impaired while on -duty.
III. Goals
The goals of this policy are to:
A. Communicate expectations for members related to their fitness for duty.
B. Describe the responsibilities of department members related to managing cases of
possible impairment while on -duty.
C. Discuss the determination of reasonable suspicion/cause and detail related
responsibilities.
D. Communicate the consequences associated with impairment while on -duty.
IV. Definitions
Refer to City Policy 3.3 — Drug -Free Workplace for complete listing of
definitions. Definitions not included in City Policy 3-3 are listed below.
A. Aggravating Factors — Any facts regarding the circumstances surrounding the
accident, injury or exposure that may increase responsibility for the occurrence.
B. Fit for Duty — An individual is in a physical, mental, and emotional state which
enables him/her to perform the essential tasks of his/her work assignment in a
manner which does not threaten the safety or health of oneself, co-workers,
property, or the public at large.
C. Impaired — The inability to safely and/or effectively carry out one's professional
duties because of mental or physical illness or the use of alcohol or drugs.
D. Mitigating Factors — Any facts regarding the circumstances surrounding the
accident, injury or exposure that may decrease responsibility for the occurrence.
V. Expectations & Responsibilities
A. All BFR members are expected to:
1. Adhere to City Policy 3-3 —Drug -Free Workplace unless otherwise
specified in these regulations.
2. Conform to State civil service law, local civil service and department rules
and regulations to include, but not limited to: maintaining fitness for duty,
functioning without impairment while on -duty, and using sick leave
appropriately.
3. Use prescribed legal drugs and over-the-counter medications responsibly.
a. Be aware of the side effects that you experience with the
medicines you take.
b. Never take medications that have been prescribed for someone
else.
c. Use over-the-counter drugs for their stated purpose and according
to the manufacturer's or your doctor's recommendations only.
d. Notify your supervisor if you are taking medication that is causing
impairment.
e. Members who are taking prescribed or over-the-counter
medications that cause them to be impaired will not drive, or be
assigned to emergency response positions. These members may
be assigned to 40 -hour restricted duty positions after evaluation of
the medication and its side effects.
4. Ask for help if you think you may have an alcohol or drug problem.
a. Talk to someone you trust (family, friends, coworkers)
b. Seek help before a tragic mistake is made (contact the EAP or a
provider of your choice)
5. Report cases of a member working while potentially impaired to the on -
duty Deputy Chief.
R&R 102.02A — Suspected Impairment While on Duty Page 2 of 7
B. In addition to the above, Captains and District Chiefs are responsible for regularly
monitoring and following up on the current status and on-going maintenance of the
fitness for duty of the member's assigned to them.
C. Members who are on standby agree not to consume any alcohol for the entire
duration of the standby assignment.
D. If a report of possible impairment is received, the on -duty Deputy Chief is
responsible for:
1. Immediately following up on the report.
2. Determining if the impairment is due to illness or if there is reasonable
suspicion/cause related to drug or alcohol use.
3. Following up on cases where reasonable suspicion/cause exists according
to Section VI of this policy.
E. Investigator(s) & Disciplinary Review Board (DRB) members are responsible for
following SOG 702.02—Complaint, Inquiry, Investigation, & Adjudication/
Discibline Process.
F. Fire Chief Responsibilities
1. When a report of on -duty impairment related to drug or alcohol use is
received, direct the Planning Section Chief to initiate a professional
standards investigation.
2. If a temporary suspension is implemented, insure appropriate forms are
completed and delivered per civil service law.
3. After receiving recommendation from the Disciplinary Review Board
(DRB), review case file, DRB recommendation and provide final
disposition.
4. Follow up as required based on final disposition.
A Determining Reasonable Suspicion/Cause
A. When a report of possible impairment is received by the Deputy Chief, he/she must
first determine whether the potential impairment is related to an illness, or drug
and/or alcohol use.
1. If there is reason to believe the potential impairment is related to a medical
emergency, insure a med unit is dispatched to the location.
R&R 102.02A — Suspected Impairment While on Duty Page 3 of 7
2. If there is reason to believe the potential impairment is related to a mental
health emergency, insure a med unit and police are dispatched to the
location.
If the member becomes ill while on duty, he/she should go home on sick
leave, as long as he/she is able to drive safely. If the member is unable to
drive home safely, the Deputy Chief should provide the following options
to the member:
a. If the member's lives within the City limits, assign a unit to drive
the member home.
b. Call a family member or friend to pick the member up and drive
him/her home.
c. Reassign the member to Day Watch and/or allow the member to
rest/sleep at the fire station until he/she is either able to drive safely
or is picked up.
4. If there is not a reason to believe the potential impairment is related to a
medical or mental health emergency, follow the guidance below to
determine whether reasonable suspicion of alcohol and/or drug use exists.
B. The Deputy and a District Chief will respond to the location to observe the behavior
and physical abilities of the potentially impaired member to determine if they also
believe the member may be impaired. Reasonable suspicion may include, but is not
limited to:
1. Driver of a City vehicle involved in a vehicular collision
(TEST RE00RE1))
2. Slurred speech
3. Smell of alcohol, marijuana or other drug
4. Unsteady walking or movement
5. Glassy or bloodshot eyes
6. Poor reflexes
7. Frequent or Patterns of Absenteeism
8. Frequent or Unusual on-the-job accident or injury
9. Difficulty concentrating; Decreased level of attention
10. Physical or Verbal altercation
R&R 102.02A — Suspected Impairment While on Duty Page 4 of 7
11. Erratic or Unusual Behavior
12. Possession of alcohol or drugs
13. Information obtained from a reliable person with personal knowledge
14. A change in the employee's performance level
15. Impaired judgement or reasoning
16. Decreased sensory perception
C. If the two Chief Officers observe any of the above, or observe other behaviors or
factors that may indicate reasonable suspicion, the Deputy Chief will insure the
member is:
1. Immediately removed from emergency response apparatus.
2. Escorted, either by himself or an Investigator, to be tested per City Policy
3-3 (see City Policy for details).
3. Provided the options listed in Section VII.A.3 of this policy related to
getting the member home after the testing.
D. Drug/Alcohol Testing Options
1. Weekdays during Business Hours — Contact the City Worker's
Compensation/Safety Coordinator at Human Resources (880-3777) to
coordinate testing with the testing lab provider.
2. After Hours and Weekends — Contact the one of the following to on the
appropriate after-hours number to coordinate testing:
a. City Worker's Compensation/Safety Coordinator
b. City Human Resources Director
c. City Personnel Manager
NOTE.
The current after-hours contact numbers will be located in the
Deputy Chief's office and the Fire/EMS Communications office.
VII. Managing a Refusal to Submit to a Reasonable Suspicion Drug/Alcohol Test
A. REFIJSING A DR1JG/AId;0IIOL TEST BASED ON REASONABLE SIJSPICION
CONSTI'I IDES AN ADMISSION OF GUILT. MEMBERS WHO REFIJSE TESTING
ARE SIJBJEC"T 1'O INDEFINITE SIJSPENSION.
R&R 102.02A — Suspected Impairment While on Duty Page 5 of 7
B. If a member refuses drug/alcohol testing based on reasonable suspicion, the Deputy
Chief will:
1. Notify the Assistant Chief and Fire Chief by phone.
2. Forward a detailed report through the chain of command including the
following information:
a. Allegedly impaired member's name
b. Time, date and location of occurrence
c. Witnesses
d. Detailed description of events including observations related to
reasonable suspicion
e. Was he/she transported home? By who? Was transportation refused
or unavailable? Did he/she remain at the location?
f. What were the member's reasons for refusing the test at the time
reasonable suspicion was confirmed?
g. Explain any aggravating or mitigating circumstances.
G. Within 24 hours, the Assistant Chief will review the available facts relating to the
case and recommend to the Fire Chief one or both of the following options while the
investigation is being conducted:
1. Use of accrued leave by the member (if leave targets can be met).
2. Transfer of the member to a temporary 40 -hour assignment.
VII. Consequences
A. Remedial corrective actions may be recommended if a member discloses to his/her
Deputy Chief the he/she has a drug or alcohol problem and seeks help prior to:
1. Being found to be impaired while on duty.
2. Refusing a reasonable suspicion drug and/or alcohol test.
B. Referral to the Employee Assistance Program (EAP) or requiring successful
completion of a drug or alcohol treatment program are examples of remedial
corrective actions, and are not discipline.
C. Members should be aware that discipline can be imposed when violations of civil
service law and/or rules, or department rules, regulations or guidelines are sustained,
regardless of the disposition of alleged criminal charges.
D. Violations and corresponding discipline are indicated in Appendix A.
R&R 102.02A — Suspected Impairment While on Duty Page 6 of 7
Appendix A—Consequence Matrix for Drug or Alcohol Violations
Consequence Matrix—Drug/Alcohol Violations
Impairment Consequences
Consequence:
Consequence:
Severity Scale
First Offense
Second Offense
Positive Drug or
Indefinite Suspension
n/a
Alcohol Test
Refusal to Submit to a
Reasonable Suspicion Drug
Indefinite Suspension
n/a
or Alcohol Test
R&R 102.02A — Suspected Impairment While on Duty Page 7 of 7