ALCOHOL AND CONTROLLED SUBSTANCE MISUSE POLICY

OVERVIEW:

The New Hackensack Fire District believes that a healthy, competent workforce, working under conditions free from the effects of drug and alcohol, is essential to the safe and effective provision of emergency services in our community, and to the safety of the individual members of the Fire Department.

It is therefore the policy of the New Hackensack Fire District as it relates to alcohol misuse by firefighters while performing safety-sensitive functions for the New Hackensack Fire District that the district adopts the Federal Department of Transportation (DOT) standards as delineated in the Research and Special Programs Administration (RSPA) regulations.

Further, it is the policy of the New Hackensack Fire District that no firefighter shall perform any safety-sensitive functions for the Fire District when the firefighter uses or is under the influence of any controlled substance or alcohol.

IMPLEMENTATION DATE:

A copy of this policy will be distributed to each firefighter. A copy of this policy will be provided to all future firefighter applicants prior to their acceptance as active members above the New Hackensack Fire District.

DEFINITION OF SAFETY-SENSITIVE FUNCTIONS:

For the purposes of this policy, the definition of safety-sensitive functions includes all fireground operations and training. These functions include, but are not limited to:

Driving and/or Operating District Apparatus, Vehicles or Equipment

Responding to, Performing Fireground or Training Roof Operations

Fire Police Traffic Control Operations

Incident Command or Fireground Sector Command

Mandatory/Non-Mandatory Drills/Testing

PROHIBITED CONDUCT:

No firefighter shall perform any safety-sensitive functions for or on behalf of the New Hackensack Fire District after having consumed or her while under the influence of Alcohol, or having an alcohol concentration of 0.02 or greater.

No firefighter shall perform any safety-sensitive functions for or on behalf of the New Hackensack Fire District when that firefighter uses any controlled substance, except when such use is pursuant to the instructions of a physician, and the district has been provided with written assurance by the physician that such use will not adversely affect the ability to perform safety-sensitive functions.

Firefighters shall report any use of prescribed medication that could adversely affect the ability to perform safety-sensitive functions to a Chief Officer or to the Captain of the Fire District. The firefighter shall not participate in any safety-sensitive district activities while using such medication without the written assurance of a physician that such use will not adversely affect the ability to perform safety-sensitive functions.

TESTING REQUIREMENTS:

In order to ensure the safe and effective provision of emergency services in our community, and the safety of individual members of the Fire Department, the Fire District intends to test firefighters for the presence of alcohol and/or controlled substances, as a condition of membership as a firefighter in the Department, and in accordance with the provisions of this policy.

The Fire District may require the collection and testing of samples for the following purposes:

investigation of a vehicular accident involving district apparatus or vehicle or personal vehicle while traveling to or from a call;

investigation of a fireground or training accident involving safety-sensitive functions;

in connection with a regularly scheduled physical examinations provided by the Fire District;

as part of a random testing program;

when there is a reasonable suspicion of alcohol and/or controlled substance use;

as part of any follow-up program administered by the district's Substance Abuse Professionals.

The district will use a designated service provider to perform regularly scheduled physical examinations, drug tests, to test samples in connection with any accident investigation, to facilitate the random testing program, and to act as the district Employee Assistance Program (EAP) and Substance Abuse Professional (SAP).

All tests conducted by the designated service provider as ordered by the district's SAP shall adhere to documented procedures to protect the firefighter, assure the integrity of the test, safeguard the validity of test results, and ensure that those results are attributable to the correct individual. Copies of test procedures shall be made available to any firefighter upon request.

No pre-employment alcohol testing will be required.

DISCIPLINARY ACTION:

Any firefighter who refuses a required controlled substance or breath alcohol test may be subjected to disciplinary charges and a hearing as described in the Due Process Requirement Section of this policy and may be referred to an SAP

Any firefighter who engages in prohibited conduct as described in the Prohibited Conduct Section of this policy may be subject to disciplinary charges and a hearing as described in the Due Process Requirement Section.

Any firefighter who tests positive on a breath alcohol test (0.02 and above) or controlled substance test administered by or for the District may be subject to disciplinary charges and a hearing as described in the Due Process Requirement Section of this policy and will be referred to an SAP for evaluation at the district's expense. The firefighter will be responsible to pay for all subsequent tests and treatment. If the District does not file disciplinary charges as the result of such positive test, the firefighter shall obtain all treatment as indicated by the SAP and further agrees to a program of unannounced follow-up testing in accordance with the scheduled determined by the SAP. If the firefighter is not terminated by the district, a minimum of six (6) unannounced follow-up tests will be scheduled during the first year following the positive test. Failure to abide by any of these requirements may subject the firefighter to disciplinary charges and a hearing.

FIREFIGHTER SELF-REFERRALS:

The District encourages any firefighter who believes he or she may have an alcohol or controlled substance-related problem to self-refer for assistance. Any firefighter who does not self-refer prior to being selected for testing will be referred to an SAP and the fact of such self-referral will be given due consideration by the District in determining whether or not to subject the firefighter to disciplinary charges for any misconduct.

DUE PROCESS REQUIREMENTS:

Any firefighter suspected of having violated this policy may be subject to charges in accordance with Section 209-I of New York State General Municipal Law, and will be provided due process in connection therewith.

NEW MEMBERSHIP REQUIREMENTS:

Effective with the implementation of this policy, the Fire District will not accept for membership any prospective firefighter who fails the controlled substance screening tests included in the applicant's medical examination.