Ads by Google Ads by Google

DPS Drug Free Work Place Policy set to take effect on May 1, 2017

Deputy Police Commissioner Vaimaga Maiava, Police Commissioner Le’i Sonny Thompson and Deputy Commissioner Falana’ipupu Taase Sagapolutele, salute as they pass in front of the grandstand with the Department of Public Safety personnel in ‘the pass in review’ at yesterday’s 2017 Flag Day ceremony, held at the Veterans Memorial Stadium.  Le’i has initiated a  a ‘Drug Free Work Place Policy’, which is set to take effect on May 1, 2017, in response to public and government concerns about allegations of illegal d
Required drug testing for specific jobs, applicants and random testing part of policy
joyetter@samoanews.com

Due to recent events where allegations of illegal drug and alcohol abuse among police officers have been made and become a public concern, Commissioner of Public Safety, Le’i Sonny Thompson has initiated a ‘Drug Free Work Place Policy’, which is set to take effect on May 1, 2017, according to the preamble of the policy which was obtained by Samoa News.

The policy says that “unfortunately, substance abuse is a chronic problem plaguing American Samoa and its cultural way of life. Recently, illegal drug and alcohol abuse among members of the Department of Public Safety (“Department”) has compounded the territory-wide problem, creating critical public safety concerns. Substance abuse among members of the Department has not only harmed public safety, but also injured the Department’s credibility and productivity.”

The policy further says that all members of the Department must be trustworthy in handling judgment-impairing substances, which are regularly recovered and taken into custody by the Department.

“Mishandling evidence is never permissible. But mishandling drugs in the Department’s care is an inexcusable violation of public trust.

“Additionally, on-duty officers must be prepared at any time to skillfully maneuver police vehicles at potentially high speeds. It goes without saying that impaired police vehicle operation can be deadly.

“To combat these concerns, and as part of a continued commitment to safeguard the well-being of employees and the community at large, the Department has established the following Drug-Free Workplace Policy,” according to the preamble of the policy.

The goal of the policy is to balance respect for individual privacy with the need for a safe, productive, and drug-free workplace and the policy issues notice to those who are currently engaged in substance abuse to seek assistance in overcoming any addictions they may suffer, the document says.

Notice of the policy will be posted in a conspicuous location on the Department’s premises and copies of the Policy are available to all employees and job applicants.

It says the Department will also include notice of drug testing requirements on applicable job postings.

DRUG AND ALCOHOL PROHIBITIONS

According to the policy, DPS strictly prohibits, the personal use, possession, solicitation for, or sale of narcotics or other illegal drugs, alcohol, or prescription medication not in accordance with a prescription on [or in] department premises, vehicles, or while performing duties.

Prohibition further includes:

Possession or solicitation for sale of such substances or their paraphernalia and is only permissible as necessary for the recovery and custody of evidence, and Commissioner-approved undercover or sting operations, during working hours.

Any detectable amounts of narcotics or other illegal drugs, prescription medication not used in accordance with a prescription, or blood-alcohol concentration at or above 0.02 in the employee's system while on [or in] department premises, vehicles, or while on duty.

Under the influence of narcotics or other illegal drugs, alcohol, or prescription medication not used in accordance with a prescription, if such influence adversely affects the employee's work performance, the safety of the employee or others, or puts the Department's reputation at risk.

REQUIRED TESTING

The Department requires drug testing of all job applicants for sworn officer positions and any other positions entrusted with handling contraband.

DPS will require sworn officers and other employees entrusted with handling contraband to submit to random, unannounced testing and that the department will select participants through a scientifically valid, random number selection method.

“All applicable employees will have an equal chance of selection each year. Each year at least 50 percent (50%) of sworn officers and other employees entrusted with handling contraband will be tested for illegal drug use.

“Additionally, each year at least 25 percent (25%) of sworn officers will be tested for alcohol abuse.” The policy further says that DPS requires all employees to submit to reasonable-suspicion drug or alcohol testing,” according to the policy.

“Reasonable-suspicion testing is based upon a reasonable belief that an employee has violated the Policy. The fact that an employee has had a confirmed, positive test for illegal drug use or alcohol abuse at some prior time, or has undergone a period of rehabilitation or treatment, does not independently create cause for reasonable-suspicion testing.

“Reasonable suspicion may be drawn from specific, objective, and articulable facts, and reasonable inferences drawn from those facts in light of experience. Among other things, reasonable suspicion may be based on; observable phenomena while on Department premises, in Department vehicles, or while performing Department duties, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence.

“Abnormal conduct, erratic behavior, or a significant deterioration in job performance. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs or their paraphernalia while on Department premises, in Department vehicles, or while performing Department duties.” it says.

The policy also says the department requires any employee that has been involved in an automobile accident while operating a Department vehicle or while operating a personal vehicle in the performance of Department duties to take post-accident drug and alcohol tests.

“After such an accident, an employee may not consume any alcohol until post-accident testing is completed. Best efforts will be made to promptly administer post-accident drug and alcohol tests, but in no case will such testing interfere with necessary medical treatment,” the policy notes.

TESTING PROCEDURES

The Department may test for any or all drugs or alcohol which may negatively impact public safety and the performance of personnel, including but not limited to alcohol; amphetamines; cannabinoids; cocaine; phencyclidine HCI; methaqualone HCI; opiates; barbiturates; benzodiazepines and synthetic narcotic.

“All specimens will be kept in careful custody to protect against tampering. Also, DPS may refuse to hire a job applicant who refuses to submit to a required drug or alcohol test.

“Similarly, if any employee refuses to submit to a required drug or alcohol test, the employee may be subjected to discipline, including termination,” it says.

The department upon completion of a screening test, the department’s designated medical review officer (MRO) will promptly notify the DPS and the employee or job applicant.

CONFIDENTIALITY

All information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, received or produced as a result of this drug testing program are confidential, this is according to the policy, and “may not be released without voluntary, informed, signed, written consent from the individual tested, unless such release is compelled by an administrative law judge, a hearing officer, or a court of competent jurisdiction.”

The drug test results shall be reported to the Department; however, the Department may share test results with the Department of Human Resources as required to proceed with disciplinary actions. The DHR will protect the confidentiality of any drug testing information it receives.

Of interest, the policy says the DPS policy assures that the drug testing information obtained in accordance with the policy shall not be used in any criminal proceeding against the employee or applicant.

HIPPA AND ADA COMPLIANCE

Information acquired through the implementation of the Policy will be handled in accordance with the Americans with Disabilities Act (“ADA”) and the Health Insurance Portability and Accountability Act (“HIPAA”). Nothing in this section is intended to expand the scope or applicability of the ADA or HIPAA.

DRUG REHABILITATION PROGRAMS

The Department, according to the policy, will refer employees and job applicants to drug rehabilitation programs, like the Department of Human and Social Services’ Screening, Brief Intervention, and Referral to Treatment Program (“SBIRT Program”), which can be accessed without the Department’s involvement.

It notes the Department does not maintain an employee assistance program. Any costs of treatment or such follow-up testing will be the sole responsibility of the employee. It is the responsibility of an employee to seek assistance before alcohol and drug problems lead to disciplinary actions.

DEPARTMENTAL DISCRETION

Notwithstanding the Department’s commitment to the uniform and consistent enforcement of the Policy, the department retains reasonable flexibility.

Circumstances, including but not limited to resource or financial limitations, may necessitate departures from the particulars of the Policy. For example, if sufficient funding is not available to support the quantity and frequency of testing established by the Policy, the Department may temporarily conduct fewer tests without having to reissue or amend the Policy.