0316.00, Drug, Alcohol, and Tobacco Free Workplace
Refer:
- 41 U.S.C. 81, The Drug-Free Workplace Act of 1988
- ORS 475.005, Definitions
- ORS 659A.300, Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited
- City of Portland Human Resources Administrative Rule 1.06, Employee Medical Files
- City of Portland Human Resources Administrative Rule 4.01, Drug and Alcohol Use Prohibited
- City of Portland Human Resources Administrative Rule 4.02, Smoking
- City of Portland Human Resources Administrative Rule 4.09, Use of City Resources
- City of Portland Human Resources Administrative Rule 10.02, Employee Assistance Program
- City of Portland Drug and Alcohol Procedure
- DIR 0240.00, Employee Assistance Program (EAP)
- DIR 0311.30, Off Duty Responsibility of Officers
- DIR 0315.00, Laws, Rules and Orders
- DIR 0315.30, Satisfactory Performance
- DIR 0317.40, Authorized Use of Bureau Resources
- DIR 0330.00, Internal Affairs, Complaint Intake, and Processing
- DIR 0334.00, Performance Deficiencies
- DIR 0335.00, Discipline Process
- DIR 0415.00, Return to Work Policy
- DIR 0660.10, Property and Evidence Procedures
- DIR 1245.00, Vehicles, Off-Duty Use by Authorized Members
- PPA/PPCOA Substance Abuse Policy (intranet)
Definitions:
- Drug: Includes marijuana, controlled substances, and all illegal drugs.
- Medical Review Officer: A licensed physician responsible for receiving laboratory drug testing results who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a positive test relative to an employee’s medical history and other relevant biomedical information.
- Reasonable suspicion: For this directive, reasonable suspicion means objective and articulable facts that would make a reasonable supervisor believe that a person was under the influence of alcohol and/or drugs, or that a person’s ability to perform the functions of their job safely was impaired or compromised.
- Smoking Instruments and Tobacco Products: Any cigar, cigarette, pipe, e-cigarette, vaping, or other smoking equipment, and chewing tobacco.
Policy:
1. The Bureau commits to providing a safe, healthy, and alcohol- and drug-free workplace, and prioritizes wellness for all members.
2. The City, the Bureau, and the community expect members to report to work in a condition to perform their duties in a safe, effective, and efficient manner.
3. This policy discusses rules and procedures regarding alcohol, drug, and tobacco use, and alcohol and drug testing, consistent with the above-mentioned commitment and expectations.
Procedure:
- Member Restrictions and Requirements.
1.1. Alcohol.
1.1.1. Members shall not report for duty under the influence of alcohol.
1.1.2. Members shall not consume or be under the influence of alcohol while on duty, while in a paid on-call status, while driving a Bureau vehicle, or while on Bureau property.
1.1.3. Members shall not purchase or consume alcohol while in uniform.
1.1.4. The Bureau prohibits open containers of alcohol on any City property, including vehicles.
1.2. Drugs.
1.2.1. Members shall not manufacture, use, or distribute drugs in the workplace.
1.2.2. Members shall not consume or possess any drugs, except prescription medication for which they have a valid prescription from a qualified physician, and that are used as prescribed.
1.2.3. Notwithstanding Oregon law, members shall not use or possess marijuana, medical or otherwise.
1.2.3.1. Members should be aware that commercially available cannabidiol (CBD) products may contain levels of tetrahydrocannabinol (THC) that could potentially result in a positive drug test.
1.2.4. Members who unintentionally ingest or have bodily exposure to a drug in the course of their duties shall notify a supervisor as soon as practicable.
1.3. Prescription Medications.
1.3.1. Members are responsible for understanding the side effects of all of their prescription medications.
1.3.2. Members shall not use any prescription or nonprescription medications, which may interfere with the safe and effective performance of duties or operation of City equipment or vehicles, without notifying their supervisor before beginning work or operating the equipment or vehicle.
1.4. Tobacco.
1.4.1. Members shall not use smoking instruments or tobacco products while inside City property, including vehicles, or while in contact with a community member.
1.5. Other Restrictions.
1.5.1. If relying on their authority as law enforcement officers to carry and conceal a firearm, members shall not carry firearms if they are under the influence of alcohol or drugs as defined by the Portland Police Association (PPA)/Portland Police Commanding Officers Association (PPCOA) Substance Abuse Policy.
1.5.2. Members who are called into work after consuming alcohol or drugs shall notify their supervisor of their consumption, and their supervisor shall determine whether or not the member can report to work.
1.5.2.1. Members shall not report to work if they are under the influence of alcohol or drugs as defined by the PPA/PPCOA Substance Abuse Policy.
2. Exceptions.
2.1. Consuming alcohol or tobacco may be necessary for rare, special assignments involving surveillance and undercover operations. In such situations, members shall not consume an amount of alcohol that impairs their ability to perform their duty.
2.2. Members may have direct physical contact with drugs in certain rare, special assignments involving surveillance and undercover operations. In such situations, members shall notify a supervisor and obtain permission before repeated exposure to such situations.
2.3. Members who consume alcohol as part of a special assignment shall notify a supervisor as soon as practicable after consuming alcohol.
2.4. As part of official duties, members may handle, control, and dispose of alcohol and drugs according to DIR 0660.10, Property and Evidence Procedures, and any applicable Standard Operating Procedure.
3. Testing.
3.1. Random Testing.
3.1.1. The Bureau may randomly test members for alcohol and/or drugs. If the member is subject to a collective bargaining agreement, then such testing shall comport with any requirements in the applicable collective bargaining agreements.
3.2. Reasonable Suspicion Testing.
3.2.1. Members shall be tested for alcohol and/or drugs whenever there is reasonable suspicion to believe they have engaged in prohibited alcohol and/or drug use. Reasonable suspicion requires specific, articulable observations made by a trained supervisor, concerning the appearance, behavior, speech, or body odors of the member.
3.2.2. Testing Procedure.
3.2.2.1. All alcohol and/or drug testing shall be performed by a Bureau-approved laboratory and shall follow the City Drug and Alcohol Testing Procedure and, where applicable to the member, the PPA/PPCOA Substance Abuse Policy.
3.2.2.2. Because the presence of alcohol and/or drugs is perishable, all reasonable suspicion testing shall be conducted as soon as possible.
3.2.2.3. The approved laboratory will release test results to the Personnel Division (Personnel) manager via the Bureau of Human Resources (BHR).
3.3. Alcohol Testing Threshold.
3.3.1. An alcohol test result of .02 percent or higher by weight of alcohol as shown by chemical analysis of blood, breath, or urine constitutes a positive test for this directive.
3.4. Substances Tested.
3.4.1. The substances tested for include the following: alcohol, cannabinoids, cocaine, opiates, Phencyclidine, amphetamines, barbiturates, benzodiazepines, anabolic steroids, and prohormones.
3.4.2. Members who test positive for alcohol and/or drugs shall be placed on administrative leave, pending a review.
3.4.3. Members who test negative for alcohol and/or drugs may return to work after the Personnel manager or designee informs the member’s Responsibility Unit (RU) manager that the member may return to work.
3.4.4. Members who test positive due to a prescribed medication will not be placed on administrative leave if the Medical Review Officer confirms that the member has been prescribed that medication and verifies the use is consistent with the prescription. Members are responsible for providing proof of their prescription without delay.
4. Workplace Searches.
4.1. The Bureau reserves the right to search, without member consent, workplace areas and property to investigate potential violations of this directive.
4.2. Workplace areas and property subject to search include, but are not limited to, all Bureau property and areas in which the City has joint control with the member such as vehicles, equipment, offices, desks, and lockers, and computer files. These searches shall be conducted according to City of Portland Human Resources Administrative Rules.
5. Responsibility.
5.1. Members.
5.1.1. Members are responsible for reporting to work not under the influence of alcohol and/or drugs and fully capable of performing their duties safely, effectively, and efficiently.
5.1.2. Members shall be tested for alcohol and/or drugs in accordance with this Directive.
5.1.3. Members who reasonably suspect that another member may be using alcohol and/or drugs at work shall immediately notify a supervisor.
5.2. Supervising and Managing Members.
5.2.1. Supervisors shall refer to the PPA/PPCOA Substance Abuse Policy, located on the Intranet, for guidance regarding alcohol and/or drug testing.
5.2.2. If a supervisor has reasonable suspicion to believe that a member is under the influence of alcohol and/or drugs, they shall consult the BHR Business Partner via the Personnel Manager, and they shall jointly decide whether to refer the member to testing.
5.2.3. Supervisors shall notify their Responsibility Unit (RU) manager as soon as practicable after a member is referred to testing.
5.2.4. Supervisors shall document their reasonable suspicion in a memorandum, and forward the memorandum and any other supporting documents to their RU manager and the Personnel Manager.
5.2.4.1. The memorandum shall include all facts that support the supervisor’s reasonable suspicion, including any statements the affected member made regarding their use of alcohol and/or drugs.
5.2.5. Supervisors shall assure that all members reporting for duty under their supervision are capable of performing their assigned duties.
5.2.6. If a supervisor has reasonable suspicion to believe a member is using alcohol and/or drugs in violation of this Directive, they shall notify their RU manager as soon as practicable and document their reasonable suspicion in a memorandum as described under sections 5.2.4. and 5.2.4.1. The Assistant Chief of Services or designee shall determine whether or not to order testing.
5.3. RU Manager.
5.3.1. The RU manager shall notify the Assistant Chief of Services of the reasonable suspicion.
5.3.2. RU managers shall forward the reasonable suspicion memorandum and any other supporting documents regarding the incident to the Assistant Chief of Services.
5.3.3. The Assistant Chief of Services shall review the documentation, notify the Chief of Police of the incident, and make a recommendation regarding the incident to the Chief of Police.
5.4. Bureau of Human Resources.
5.4.1. The Designated Employee Representative (DER) in BHR, in coordination with Personnel Division, is responsible for administering and tracking all alcohol and drug testing.
5.4.2. The DER or their designee shall:
5.4.2.1. Assist with reasonable suspicion testing when practicable.
5.4.2.2. Provide the Chief of Police with an annual audit of the testing program, including the following information:
5.4.2.2.1. The number of tests administered;
5.4.2.2.2. The number of tests with a positive result;
5.4.2.2.3. An accounting of the costs of the program;
5.4.2.3. Ensure all confidential records of the program are maintained in a secure location dedicated to alcohol and drug testing.
5.5. Personnel Manager.
5.5.1. The Personnel Manager or designee shall:
5.5.1.1. Assist with reasonable suspicion testing when practicable.
5.5.1.2. Notify a member’s RU manager when the member tests positive under this program.
5.5.1.3. Notify the Chief of Police of any positive test results.
5.5.1.4. Take appropriate action by order of the Chief of Police regarding members who test positive.
5.5.1.5. Complete the appropriate reports regarding the results of all testing under this program.
6. Employee Assistance Program.
6.1. The Bureau has an Employee Assistance Program (EAP) to assist members with a full range of personal issues including alcohol and/or drug abuse problems.
6.2. Contact between members and EAP is confidential unless otherwise authorized by law or by the member.
7. Confidentiality.
7.1. Laboratory reports and/or test results shall be treated as confidential medical records. The reports and test results may be disclosed to Bureau management as needed, and to the tested member upon request and consistent with the PPA/PPCOA Substance Abuse Policy.
7.2. Disclosures, without patient consent, may also occur when:
7.2.1. The information is compelled by law or judicial or administrative process;
7.2.2. The information is at issue in a dispute between the City and/or Bureau and the member or applicant;
7.2.3. The information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure; or
7.2.4. The Bureau is required by law to report the results, including but not limited to federal grant requirements.
History:
- Last Revision Signed: 12/15/2021
- Effective Date: 01/14/2022
- Next Review Date: 01/14/2024
- Rescind Directives 0316.00, Alcohol Use; 0316.10, Drug/Controlled Substance Use; 0316.20, Tobacco Use; and 0316.30, Drug and Alcohol Testing.