Policy Chapter 3, Policy 310

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What number is the policy entitled Drug and alcohol policy?

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310 or 310g

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What is the purpose of the policy entitled Drug and alcohol policy number 310?

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The purpose of this policy provides the guidelines that will be used by the City of Austin EMS department concerning the use or presence of drugs and alcohol in the workplace, the use or possession of prohibited drugs while off duty, and the procedures for substance abuse testing.

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Who does the policy 310 entitled Drug and alcohol policy apply to?

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This policy only applies to sworn personnel. Where indicated, this policy also applies to EMS Supply employees who have access to controlled substances. EMS positions that require a commercial driver's license will be subject to the City of Austin CDL drug testing policy.

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Any beverage with alcohol concentration exceeding at 3% by volume.

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Alcoholic beverage

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All City property, facilities, land, buildings, structures, installations, automobiles, trucks and all other vehicles, whether owned, lease or used. City of Austin premises also include other work locations including any place in which EMS employees provide services and travel to and from City of Austin premises and other work locations while in the course and scope of employment.

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City of Austin premises

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All EMS sworn employees, the EMS Chief and other employees as defined by the chief.

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Covered employees

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Substance listed it in 49 CFR 40.87 at the time of the test and medications that are approved for use in patient care by the clinical operating guidelines as adopted by the department.

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Controlled substances

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The compulsory production and submission of urine samples by a covered employee for chemical analysis to detect the presence of prohibited drug usage in connection with the post-accident reasonable suspicion and random testing process set forth where in.

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Drug test, drug testing

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The individual responsible for the coordination of drug testing procedures for EMS staff and applicants and the maintenance of confidential files relating to such. The drug testing coordinator will be the custodian of records for all confidential drug testing files.

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Drug testing coordinator

(DTC)

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Refer to the substances listed in 49 CFR 40.87 at the time of the test, and medications that are approved for used in patient care by the clinical operating guidelines as adopted by the department.

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Illegal drugs

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The covered employee exhibits behavior that leads the observer to believe, through observable and articulable actions, that the employee may endanger themselves, and danger another, otherwise affect themselves or others in an injurious manner, and or is unable to satisfactory perform their assigned duties.

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Impairment

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A volatile chemical, as defined in section 48400 two of the Texas health and safety code, that can be inhaled, ingested, or otherwise introduced into the human body.

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Inhalants

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Any prescription or over-the-counter medication that has some medicinal value or purpose and is being used as it was intended to be used. This also includes prescription drugs that are being taken by the person for whom it is prescribed by a licensed physician and is being taken as intended.

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Legal drug

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An employee's addiction to or abuse of an over-the-counter medication or the employees own lawfully prescribed prescription drug.

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Legal drug problem

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A licensed physician responsible for receiving laboratory results generated by the EMS is drug testing program. This person will have knowledge of substance abuse disorders, and appropriate medical training to interpret and evaluate positive test results.

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Medical review officer

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Occurs when a motor vehicle strikes and collides with another vehicle, a stationary object, a pedestrian, or an animal.

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A motor vehicle accident

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A drug test result that indicates no illegal and or prohibited drug in the employees system.

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A negative test result

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An initial drug test result that meets or exceeds the threshold under CFR 40.87 and will require further review by the medical review officer and the impact employee. Non negative result still with medications in which the employee may have a prescription that requires confirmation by the Medical Review Officer (MRO).

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Non-negative test result

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In a non-negative test result, if the employee does not possess a valid prescription the MRO will report a

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positive result. Illegal substances will be automatically reported as positive if there is quantifiable presents that meets or exceeds the threshold.

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An injury sustained by a covered employee while in the scope and course of employment. Covered employees who sustained an on-the-job injury will be subject to breath and urine testing for alcohol, illegal drugs and controlled substances in situations in which employee drug use is likely to have contributed to the incident and for which the drug test can accurately identify impairment caused by drug use as based on reasonable suspicion, as outlined in department policy.

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On the job injury

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A test where there is a quantifiable presence of one of the prohibited substances in an amount that exceeds the thresholds for urine samples. If the urine test is positive the employees drug test shall be deemed positive. A positive alcohol test is defined as one where the blood alcohol concentration is .04 or greater.

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Positive test result

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A positive test result for an alcohol test is defined as one where the blood alcohol concentration is

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.04 or greater.

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Any drug prescribed for individual consumption by a licensed medical practitioner or healthcare provider.

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Prescription drug

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Any prescription drug or over-the-counter drugs that were obtained under false pretenses or by any other unlawful means or for which the user does not have a lawful prescription. This includes controlled substances, inhalants, marijuana, illegal drugs.

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Prohibited drug

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Employees are subject to breath and urine testing for alcohol, illegal drugs and controlled substances following any motor vehicle accident which results in a human fatality, an injury which is treated away from the scene, or if a vehicle involved in the accident is towed from the scene.

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Post-accident drug testing

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An employee who fails a drug test, testing positive and or refuses to submit to any required drug test will be subject to disciplinary action up to and including

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Termination or indefinite suspension. All disciplinary action shall be determined and administered by the EMS chief.

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Once the results of a positive drug test have been received from the testing facility, the EMS drug testing coordinator (DTC) will notify the following individuals:

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The EMS chief

The EMS HR Manager

The employee's assistant chief

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Within 24 hours of receiving the positive drug test results the employee will be notified of the results of the drug test by

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The EMS Chief or his designee. The employee will be placed on administrative leave pending final review by the EMS chief.

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The employee's request for a split sample test must be made to the medical review officer (MRO) within

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72 hours after the employee receive notice of the original samples verified positive result. The cost of the second test will be paid by the employer. If the result of the second test is negative, the department will reimburse the employee for the cost of the test.

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A decision would normally be made regarding the employee status within

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14 calendar days of the date that either the positive test was first reported to the coordinator or the date the retest results were reported to the coordinator whichever occurs later.

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In the event a covered employee refuses to submit to drug test whether random, reasonable suspicion, post-accident, on the job injury as defined in this policy or leaves the drug testing facility prior to providing a sample without authorization or tampers with a test sample he or she will be subject to

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Disciplinary action up to and including termination or indefinite suspension. All disciplinary action shall be determined and administered by the EMS chief.

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The drug and alcohol policy specifically prohibits reporting for duty within how many hours after using alcohol?

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4 hours.

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The drug and alcohol policy strictly prohibits using or possessing alcoholic beverages while off-duty if the employee is still wearing his or her

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EMS uniform or articles of clothing associating them with the department.

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Random drug testing may be suspended at the discretion of the EMS Chief due to

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emergency mass casualty incidents. Documentation of this directive must be secured by the EMS drug testing coordinator and documented in the official files.

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Post-accident testing for alcohol will consist of a

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chemical breath test and urine analysis.

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The EMS department may require drug testing of covered employees including EMS Supply employees, when a determination of reasonable suspicion is agreed upon by

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Any two supervisors. only the EMS Chief, an assistant chief, or division Chief May order a drug test based upon reasonable suspicion.

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Reasonable suspicion testing for illegal drugs, prohibited drugs, inhalants, and prescription drugs will consist of a

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Urine analysis. Reasonable suspicion testing for alcohol will consist of a chemical breath test and a urine analysis.

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If a supervisor reasonably suspects that an employee is under the influence of an illegal drug, he or she must take the following actions:

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-Immediately remove the employee from performing regular duties and when possible, bring the employee to a private area.

Immediately request another supervisor or individual trained in reasonable suspicion observation. Both individuals are to observe the employee at the same time and document their findings immediately and submit the memo to EMS Chief and EMS HR but no later than 24 hours from the time the employee is sent to test.

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If a supervisor reasonably suspects that employee is under the influence, they must also immediately

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-Contact the on-duty Division chief.

-If the incident occurs during normal office hours the on-duty division Chief is also required to contact and assistant chief.

-Either the on-duty division Chief or the assistant chief will authorize drug testing at the EMS selected facility.

-Assistant chief will inform the EMS Chief and the EMS HR manager of the incident.

-The employee supervisor will notify the affected employee of the intent to test and arrange for transportation to and from the testing facility.

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When an employee has completed the reasonable suspicion drug test his supervisor shall arrange for transportation to the employee's home and inform the employee that he or she is

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on paid administrative leave. The supervisor will also advise the employee that they will be informed with the drug test results by the EMS Chief within 24 hours of receiving the results.

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Employee subjected to a passive inhalation of a drug, marijuana, must immediately notify the supervisor on duty. The supervisor should document in writing by means of a memo,the substance the individual was exposed to, the period of exposure, and a brief statement explaining the exposure. The memo will be forwarded to the

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EMS drug testing coordinator (DTC) who will maintain this documentation for you if needed in the drug testing program.

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EMS has a _______________________ for the unlawful use or possession of illegal and / or prohibited drugs by any of its employees. The unlawful use or possession of illegal drugs will result in indefinite suspension or termination of the employee.

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zero tolerance

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The EMS department recognizes_________________ as an illness which can be effectively treated.

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Substance abuse

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This definition includes the sale, purchase, or distribution of illegal/ prohibited drugs, prescription drugs, inhalants, or alcoholic beverages. An employee who tests positive for an illegal drug, prohibited drug, prescription drug, inhalant, or alcoholic beverage, or who is under the influence of any of these substances, is considered to have used and be in the

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possession of the substance by virtue of it being present in him/her system.

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Not having the normal use of mental or physical faculties by reason of the introduction into the body of an illegal and/or prohibited drugs, prescription drugs, inhalants, or alcoholic beverage.

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Under the influence

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Having a blood alcohol concentration of 0.04 or more , where alcohol concentration has the meaning assigned to it in TEX Penal Code 49.01

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Under the Influence

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Direct observation will not be a part of the urine collection process, unless lab personnel have reason to believe that the initial specimen was ______________.

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adulterated.

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The Cutoff values used in the ___________________________ will be based on current Substance Abuse Mental Health Services Administration (SAMHSA) Guidelines for Oral Fluid Testing.

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oral specimen testing

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For Post-Accident Drug Testing, the Department will use _______________________to detect the presence of alcohol.

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breath sampling

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Random drug testing will be coordinated by the Random Drug Testing Coordinator. All other drug testing will be coordinated by the designated

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Assistant Chief and the EMS HR Manager or designee.

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If either the urine or oral fluid test is positive, the employee’s drug test shall be deemed

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positive.

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Exposures, including but not limited to, bloodborne pathogens and infectious diseases, will

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not be subject to post-accident testing.

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Reasonable suspicion must be based on facts or circumstances that lead a supervisor to believe that the employee:

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1. May be under the influence of controlled substances and/or drugs (prohibited, illegal or prescription drugs), alcohol, or inhalants;

2. Has demonstrated any conduct or been involved in a situation involving alcohol, while on or off duty, which results in on duty impairment.