S215DrugFreeWorkplace ST.pdf

Chapter I

Administration & Management

Policy #

S215

References

103 CMR 914.01

ACI: 3-4061

3-ALDF:1C-15

Personnel

Drug-Free Workplace

OPR: Human Resources

Date of Issue:

January 1, 2000

Approved:

Steven W. Tompkins, Sheriff

Date Revised:

July 2015

Purpose

To promote a healthy and safe environment by maintaining a drug- and alcohol-free work place.

Policy Statements

I. Any employee who possesses1, manufactures, distributes, dispenses, uses, or is under the influence of illegal drugs or alcohol while performing any activity on behalf of the Department will be immediately relieved of duty and will be subject to disciplinary action, up to and including termination of employment.

II. All employees shall participate in random annual drug testing, either in accordance with the applicable terms and conditions stipulated in their respective collective bargaining agreements (CBAs) or as non-bargaining unit employees.

III. All prospective employees and employee candidates for appointment to deputy sheriff shall be required to undergo a screening for illicit drugs as a condition of employment or appointment. Any candidate whose final test results are positive for an illicit drug or a non-prescribed controlled substance shall be rejected.

IV. The Employee Assistance Program (EAP) shall be available to all staff seeking treatment and/or counseling for substance abuse (see S214, Employee Assistance Program).

V. Any employee who, whether under a doctor's care or otherwise, is taking any medication while on duty which may affect his/her job performance in any way must report this information to his/her supervisor and the Superintendent (see S220, Code of Conduct).

Procedures

I. Specimen Screening, Collection and Testing

A. Notification

1. Candidates for employment will be notified of the appropriate testing site, date and time by the Human Resources Division (HR).

2. All employees required to submit to random annual drug screening will do so in accordance with applicable CBAs and/or associated procedures.

1 This provision does not apply to employees whenever they seize or otherwise handle illicit or controlled substances within the scope of their official duties.

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B. Certified Laboratory

1. Drug testing of specimens will be conducted by a Clinical Laboratory Improvement Amendments (CLIA)-certified laboratory that meets or exceeds the minimum requirements as established under contract with the Department.

2. The laboratory will preserve specimens which test positive for illegal or controlled substances for at least one (1) year.

3. Upon written request of the Department, specimens that test positive for illegal or controlled substances may be re-tested by the laboratory utilizing a different validation screening methodology.

4. Upon written request of the employee, and at his/her own expense, hair sample specimens that test positive for illegal or controlled substances may also be re-tested using the same or more stringent procedures as recommended by the manufacturer.

C. Confidentiality

1. Oral and written confirmations of drug screening results, to include copies of all printouts and laboratory reports, will be transmitted by the laboratory to the Medical Review Officer (MRO), who will in turn forward a final report confirming the results to the Department’s Director of HR.

2. The Director of HR will maintain a secure and confidential file of all records and reports of drug testing. No such records or reports will be retained in the personnel file except such information as may be necessary to record any disciplinary action imposed.

3. All test results, whether positive or negative, will be held in the strictest confidence.

Only those members of the Department who, in the performance of their official duties, are required to have knowledge of this information will be allowed access to drug screening test records.

D. Notification To Individuals Tested

1. Each individual testing positive will be advised of the results of his/her test, and if requested, will be provided with a copy of such results.

2. Each individual notified of positive test results will be afforded an opportunity to confirm the validity of such results with the same contractor, at his/her own expense.

3. If the results of said re-test are negative, the individual will be deemed to have passed the test, and the Department shall reimburse the employee the costs of the re-test.

4. If the results of the re-test are positive and confirm that illegal (or controlled drugs not prescribed by a licensed physician for the current use of the individual) are present, the individual will be deemed to have failed the test.

E. Administrative Action

1. Any candidate for employment who refuses or fails to submit to pre-employment drug screening will be rejected.

2. Any candidate for employment who fails a drug screening test conducted in accordance with this policy will be rejected.

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3. Any probationary employee who refuses, or fails to submit to, drug screening in accordance with the terms of the applicable CBA and/or associated procedures, or whose test conducted under this policy yields a positive result, will be subject to immediate termination.

4. Employee candidates for appointment or re-appointment as a deputy sheriff must comply with the requirements of the mandatory drug screening program, and failure to do so will be grounds to deny or revoke his/her appointment.

5. Employees subject to drug screening who refuse to submit shall be disciplined, up to and including termination.