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Applicable To: All employees |
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Approval Authority: Chief Richard J. Pennington |
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Signature: Signed by RJP |
Date Signed: 6/29/07 |
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| Table of Contents | |||
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This directive establishes procedures for the random drug testing of all sworn employees, implementing City Code section 114-572 and the Department of Human Resources “Public Safety’s Random Drug Testing Policy for Sworn Personnel.”
Atlanta City Code Section 114-569, “Use of substances,” provides that:
(a) The consumption or use of illegal drugs by employees is prohibited.
(b) The consumption or use of alcohol while on duty by employees is absolutely prohibited.
(c) The abusive use of prescription or other legal drugs and substances while on duty by employees is absolutely prohibited.
(d) An employee must not report to work or be subject to duty while the employee's ability to perform job duties is impaired due to the use of alcohol, prescription or other legal drugs and substances.
3.1 The commander of the Personnel Services Unit is the Department’s Drug Screening Program Coordinator (DSPC). The DSPC is responsible for organizing and monitoring the Department’s role in the random drug screening program, including but not limited to:
1. Liaison with the Department of Human Resources (DHR) and other City agencies involved in the program;
2. Assisting DHR with the random selection of employees to submit to a drug screening;
3. Providing Form APD 280 to the selected employee’s supervisor;
4. Notifying the employee’s supervisor of the employee’s selection for participation in the random drug screening program;
5. Maintaining all records of the program for at least three years;
6. Coordinating with OPS and Departmental command staff as necessary.
3.2 The City’s Department of Human Resources (DHR) draws the random sample and contracts with the Medical Review Officer.
3.3 The Medical Review Officer (MRO) contracted by DHR is responsible for the collection site and the testing.
3.4 Sworn supervisors are responsible for ensuring that sworn employees participate in all aspects of the random drug-testing program and adhere to the requirements of this directive, to include:
1. Ensuring that employees are served with Form APD 280 immediately upon receiving the form from the DSPC;
2. When requested, notifying the DSPC of employees who are on previously approved leave at the time of their being selected, by sending a daily assignment sheet or other documentation;
3. Providing the DSPC with the completed Form APD 280 and any other necessary paperwork; and
4. Investigating and documenting all attempts to circumvent the procedures of the random drug screening program and notifying the DSPC and OPS of such attempt.
3.5 Sworn employees are responsible for adhering to the requirements of this directive and fully cooperating with all persons involved and all aspects of the program, including but not limited to:
1. Reporting without delay to the collection site as ordered;
2. Ensuring that their urine specimen is not contaminated with any foreign substance or diluted during the collection phase;
3. Not taking any action that would undermine the integrity of the drug screening program or circumventing the procedures established by the Department in conjunction with the drug screening program.
3.6 The Office of Professional Standards is responsible for the relief from duty of sworn employees who test positive for drug use; conducting an investigation into all employees who test positive for drug use or fail to cooperate or refuse to participate in the drug screening program; and making a recommendation for termination of employment for those employees who test positive for drug use or fail to cooperate or refuse to participate in the drug screening program.
4.1.1 Violation of City Code Section 114-569, quoted in the Policy section above, constitutes grounds for dismissal from the Police Department.
4.1.2 The refusal of an employee to submit to a drug test, attempting to circumvent the drug-testing program, tampering with the specimen, refusing to cooperate with collection site personnel, or tampering with Form APD 280 will result in the recommendation of termination of employment with the Department for that employee.
4.1.3 All drug tests will be conducted by the City’s contract medical services, currently Caduceus Occupational Medical Clinic. The test consists of a 10 Panel Drug Screen plus a breath alcohol test.
4.1.4 The random drug testing of sworn employees does not replace, nor is it intended to replace, the use of drug or alcohol testing of employees based on reasonable suspicion.
4.2 Random Selection of Employees
4.2.1 The DSPC will supply DHR with an up-to-date list of sworn employees, as requested.
4.2.2 The DHR coordinator will draw the random sample and notify the DSPC. All sworn employees, regardless of rank, will have an equal chance of selection on each occasion. Accordingly, some employees may be selected more than once before all other employees have been selected.
4.2.3 The DSPC will call the affected employees’ worksites to request a daily assignment sheet or other documentation of employees’ work status. If the selected employee is scheduled to work, the DSPC will direct the employee’s supervisor to direct the employee to report to the collection site for testing. If the employee is not scheduled to work, he or she is excused from testing that day, and the DSPC will notify DHR.
4.2.4 The DSPC will fill out Section A of Form APD 280: Random Drug Test Notice for each employee selected, sign the notice, and provide the form to each employee’s supervisor via facsimile.
4.3.1 The employee’s supervisor will direct the employee to report to the collection site within one hour from the time of notification. If the employee is subject to dispatch, the supervisor will ask the Communications dispatcher to give a radio time check and to hold the employee out of service.
4.3.2 The employee’s supervisor will document the time the employee was notified of the drug screening in Section B on Form APD 280. The supervisor and the employee will both sign Section B of Form APD 280 acknowledging that the employee has been ordered to report for drug screening. Employees who refuse to sign the form and/or participate in the drug screening will be recommended for termination from the Department for refusal to undergo drug screening.
4.3.3 The employee’s supervisor will document the time the employee left the worksite to go to the collection site in Section B on Form APD 280, make a copy of the form, and give the original form to the employee to take to the collection site.
4.3.4 The employee will report to the collection site for drug screening without delay and within one hour of notification by the supervisor. The employee will travel directly to the collection site closer to his or her worksite, without interruption: 145 North Avenue in Atlanta or 535 North Central Avenue in Hapeville. If assigned a City vehicle, the employee will drive it to the collection site. Otherwise, the supervisor will transport the employee to the collection site.
4.3.5 The employee will sign the treatment log upon arrival at the collection site and will show his or her City identification. After confirming the employee’s identity, collection site personnel will document the time of the employee’s arrival at the collection site in Section C on Form APD 280.
4.3.6 Staff at the collection site will observe the employee producing the sample and will take custody of it.
4.3.7 Employees will fully cooperate with the collector and adhere to all requirements and guidelines for submitting a urine specimen.
4.3.8 Upon providing an acceptable specimen, the employee will observe the collector split the urine specimen into two bottles and seal each bottle.
4.3.9 The collector will document the time the drug testing was completed in Section C on Form APD 280. The employee will return to the work site and provide Form APD 280 to his or her supervisor.
4.3.10 The employee’s supervisor will send the completed Form APD 280 via facsimile to the DSPC, send the original through Departmental mail, and place a copy in the employee’s unit personnel file.
4.3.11 After the test, the employee will notify the dispatcher that he or she is available for duty, if subject to dispatch. Otherwise, the employee will notify his or her supervisor that he or she is back on duty.
4.4.1 An employee’s refusal to submit to a drug and/or alcohol analysis when so directed will initiate actions for dismissal. Refusal may include any of the following:
· Stating to the supervisor or other authority that he or she will not take the test.
· Not reporting within one hour after notification.
· Not giving a sample as requested by collection site personnel.
· Leaving the collection site without giving a sample.
4.4.2 The employee’s supervisor will contact OPS and DSPC to initiate the disciplinary package after an employee refuses to test.
4.5.1 The Medical Review Officer (MRO) will provide all test results to the Drug Screening Program Coordinator.
4.5.2 An alcohol concentration level of 0.01 or greater constitutes a failed test and immediately disqualifies the employee from driving a City vehicle. Staff at the collection site will notify DHR, who will notify OPS and the employee’s supervisor. If the supervisor is not present, OPS will pick up the employee from the collection site.
4.5.3 The MRO will communicate negative results on the 10 Panel Drug Screen to the employee in writing and to DHR and the DSPC.
4.5.4 Positive Results
1. If the initial results from a urinalysis test are positive, the MRO will contact the employee to discuss the results and determine if the employee had a valid medical reason for the positive results, such as a prescription medication. The MRO will then perform a second test, using thin layer chromatography, gas chromatography, gas chromatography/mass spectrometry or other test procedure with a similar or higher incidence of reliability. A test result will not be considered positive for the purposes of this program unless both levels of testing result in positive readings for drug use.
2. The MRO will communicate positive results on the 10 Panel Drug Screen to the DSPC only after the second test confirms positive results. The DSPC will immediately contact (1) the OPS commander who will place the employee on administrative leave and initiate the investigation and (2) the employee’s division commander, who will notify the employee and his or her chain of command.
3. An employee who tests positive may request an additional test of a portion of the original specimen, at the City's expense, provided that the test is requested within 72 hours and conducted within 14 days of notification.
4.6.1 OPS will investigate all employees whose test results are positive and all employees who fail to cooperate with or refuse to participate in the drug-testing program. These employees will be placed on administrative leave during the investigation.
4.6.2 OPS will recommend termination of any employee with a confirmed positive test result or who fails to cooperate or complete the drug testing process.
5.1 10 Panel Drug Screen: Medical test that seeks to identify the following substances: · Amphetamines (including Methamphetamine, “Crystal Meth”) · Barbiturates · Benzodiazepines · Cannabinoids (THC, Marijuana) · Cocaine · Methadone · Methaqualone · Opiates (Codeine, Morphine, Heroin, Oxycodone, Vidcodin, etc.). · Phencyclidine (PCP) · Propoxyphene
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City Code sections 114-572 to 114-575
Department of Human Resources, HR 2.20 “Public Safety’s Random Drug Testing Policy for Sworn Personnel” |
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