YAKIMA COUNTY FIRE DISTRICT 12
10000 ZIER ROAD
YAKIMA, WA 98908
POLICY # 2130
COMMISSION CHAIR SIGNATURE s/b Ken Eakin, Chair
EFFECTIVE DATE: 4/01/05
REVISED DATE: 11/11/08
POLICY TITLE: ALCOHOL & DRUG ABUSE
RESCINDS: POLICY# 2105 AND POLICY# 2128
The purpose of this policy is to protect the health and safety of employees and the security of equipment and property by ensuring that all employees are free of alcohol and drugs while on District property, in District vehicles, or otherwise on duty throughout their tenure with the District. The District further affirms that all employees are entitled to a work environment free of hazard or any other detrimental effect resulting from the use of drugs or alcohol by any person employed by the District.
2.0 ON-DUTY WORK
All employees must report to work in a physical condition that will enable them to perform their jobs in a safe and efficient manner. Employees shall not:
1. Use, possess, purchase, dispense, transfer or receive alcohol, intoxicants or controlled substances (drugs) while on District property, in District vehicles or otherwise on duty.
2. Possess or attempt to distribute, sell, obtain, manufacture, transfer, share or receive any alcohol, intoxicants or controlled substances (drugs), or any other drugs that impair job performance or pose a hazard to the safety and welfare of both the employee or all other employees.
3. Report for duty, perform services, or enter District property with any measurable amount of alcohol, intoxicants, or controlled substances in their system.
Violation of this policy shall be grounds for discipline up to and including immediate termination.
3.0 USE OF MEDICALLY AUTHORIZED (PRESCRIPTION) DRUGS AND OVER-THE-COUNTER DRUGS
Employees shall not report for duty or perform services under the influence of prescription drugs, medications, or other substances that may impair or in any way adversely affect alertness, coordination, reaction, response, or safety.
3.1 REPORTING OF MEDICATION USE
Any Member using prescription drugs, medications or other substances, which may impair job performance must report this fact to their Supervisor. It is the employee’s responsibility to ask the physician or pharmacist if the prescribed drug or medication may impair job performance. If so, the employee should get the doctor’s statement in writing. The statement need not identify the drug or medication.
Violation of this policy shall be grounds for termination up to and including immediate termination.
4.0 PRE-EMPLOYMENT TESTING
All applicants who have a contingent offer of employment must submit to and pass a urine drug and alcohol screening test under a standard protocol as established by Occupational Health Services of Yakima Valley Memorial Hospital. There will be no charge for this testing. If the test is positive, the offer will be withdrawn. The applicant may reapply in three (3) months.
5.0 POST ACCIDENT TESTING
The District reserves the right to require an employee to submit to a drug and/or alcohol test following any on-duty accident or incident to either confirm or refute drug or alcohol use as a possible cause. The District may decide not to require testing if a Supervisor reasonably believes that the accident or incident was due to inexperience, a defective or unsafe work product or working conditions, or other circumstances beyond the control of the employee. All employees who are involved in an accident must immediately report the accident to their Supervisor or the Chief Duty Officer of the District. Failure to immediately report an accident is grounds for discipline up to and including immediate termination.
6.0 RANDOM TESTING
The District reserves the right to require an employee to submit to a drug and/or alcohol test at any time, for any reason as a condition of continued employment. Failure of such test will result in disciplinary action up to and including immediate termination. If an employee tests positive, he or she may submit to the Fire Chief a written request for a retest within forty-eight (48) hours after notification of the test results.
7.0 REFUSAL TO SUBMIT TO A TEST
Refusal to submit to a drug and/or alcohol test or tampering with a sample during testing shall be grounds for discipline up to and including immediate termination.
8.0 FEE, TIME AND LOCATION FOR TESTING
There will be no cost to the employee for these tests. When practical the tests will be performed during normal working hours. If you are being tested as a result of an accident, you will be taken to the hospital for testing by the District.
9.0 DRIVING STATUS
No employee of the District will be assigned to active duty while his/her Washington State driver’s license is in a status of suspension, revocation, or is otherwise not valid. No employee shall operate any District vehicle while his/her privilege to drive is in a non-valid status.
Employees must, as a condition of employment, abide by the terms of the above policies and report to the District any conviction under a criminal drug statute for violations occurring on or off District property while conducting District business. A report of any criminal alcohol or drug statute conviction must be made within five (5) days following conviction (this requirement is mandated by the Drug-Free Workplace Act of 1988).
Employees who operate District vehicles for District business shall be subject to disciplinary action, up to and including termination of employment, for a conviction of driving while under the influence of alcohol or drugs while operating those vehicles.
Failure to notify the District within the above guidelines, without just cause, shall be grounds for discipline up to and including immediate termination of employment.
11.0 EMPLOYEE ASSISTANCE
Anyone who comes forth and notifies the Fire Chief of an alcohol and/or drug abuse problem will be given assistance extended to all employees with any other illness.
Assistance will be in the form of a referral to an agency equipped to handle the specific problem. Any such assistance, however, may not interfere with the tests required by these rules. For example, a driver may not identify himself as unfit to drive after having been notified of a post accident or random test and expect to avoid the consequences for a positive test or a refusal to test. In addition, voluntarily seeking assistance does not excuse any failure to comply with all of the provisions of this policy or other policies of the District.
Sick leave, vacation leave, or leave of absence without pay will be granted for treatment and rehabilitation as in other illnesses subject to the District’s policies and/or contract language governing use of leave.
12.0 CONFIDENTIALITY AND PRIVACY
In order to insure confidentiality and privacy, records related to alcohol or drug abuse treatment will not be included in an employee’s personnel file or be reviewed with the employee’s Supervisor without the express written consent of the employee. Insofar as practicable, the District shall keep information confidential, except for communications to those persons who have a legitimate need to know.
13.0 GRIEVANCE PROCEDURE
Any employee shall have available to him/her the option of grieving any disciplinary action. Such grievance shall be forwarded, via chain-of-command to the Board of Commissioners of the District for consideration. The Board of Commissioners shall notify the employee, either in person or via the Fire Chief or his designee, of the results of the ruling regarding the grievance. Any termination of employment for which a grievance is filed shall be held in abeyance until the Board of Commissioners issues a final ruling. The employee will not return to work until the Board makes a decision.
I have read and had the Yakima County Fire Protection District 12’s Drug and Alcohol Policy explained to me. I accept all the conditions set forth herein as a condition of employment.
Dated Fire Chief