8.166 Drug Free Workplace

Question 1

It is the policy of this department that employees are required to be alert and free from _____________ caused by drugs, medication, alcohol, or any other substance or compound when reporting for or remaining on duty. Employees may not ingest, possess, manufacture, distribute, or dispense any prohibited drug while employed by LVMPD. Employees are responsible for managing their various medications to ensure that their ability to make decisions and perform appropriately is not compromised. It is the employee’s duty to consult with their physician to determine if medication will impair their ability to effectively perform job duties.

Answer 1

Impairment

Question 2

Drug free workplace

The intoxicating agent of any beverage, mixture, or preparation, including medication containing alcohol.

Answer 2

Alcohol

Question 3

Drug free workplace

A test of urine, hair, blood, breath (preliminary breath test [PBT] and/or breathalyzer), or a combination thereof, selected by the department, unless otherwise noted, and conducted under approved conditions, to detect alcohol, controlled substance, prescription drugs, or prohibited drugs.

Answer 3

Drug test

Question 4

Drug free workplace

The condition resulting from using a substance to the degree that may render an employee incapable of effectively performing job duties.

Answer 4

Impairment

Question 5

Drug free workplace

A licensed physician, holding either a Doctor of Medicine (MD) or Doctor of Osteopathy (DO) degree, certified by an approved MRO certification board. The MRO reviews collection information and laboratory reports, interviews employees/donors, and interprets test results on reasonable suspicion tests, positive random tests, and other tests deemed appropriate by the department.

Answer 5

Medical review officer

Question 6

Drug free workplace

For the purpose of this policy only, “on duty” means regular, call-back, or overtime duty, including reporting for duty, taking police action, and/or volunteering at a department-sponsored charity.

Answer 6

On duty

Question 7

Drug free workplace

Medicine that can be purchased legally without a prescription.

Answer 7

Over the counter medication

Question 8

Drug free workplace

Medication prescribed to the employee by a physician for a medical condition.

Answer 8

Prescription medication

Question 9

Drug free workplace

The department defines prohibited drugs as illegally obtained prescription drugs, illegal or illicit drugs, or controlled substances that are regulated by state and federal laws that aim to control the danger of addiction, abuse, physical and mental harm, the trafficking by illegal means, and the dangers from actions of those who have used the substances. These substances are defined, in part, by Nevada Administrative Code (NAC) 453 Controlled Substances. The department considers marijuana and THC prohibited drugs.

Answer 9

Prohibited drugs

Question 10

Drug free workplace

The facts and circumstances would lead a reasonable person to believe that an employee is impaired or has used prohibited drugs that may be detectable.

Answer 10

Reasonable suspicion

Question 11

Drug free workplace

Personnel responsible for the collection, preservation, and impounding of drug test samples.

Answer 11

Sample collector

Question 12

Prohibited drug use (e.g., ingested, inhaled, or topically applied) by any employee is strictly forbidden. An employee _________ report for duty or remain on duty while impaired due to alcohol, prescription drugs, or over-the-counter medicine usage.

Answer 12

Will not

Question 13

Any consumption of alcohol either ___________ that brings, or tends to bring, discredit or disrepute to the department, will subject the employee to disciplinary action.

Answer 13

On or off duty

Question 14

The odor of an alcoholic beverage on an on-duty employee and/or articulable impairment will be cause to initiate an investigation and conduct a field sobriety test (FST) and PBT. If either test demonstrates impairment, an evidentiary test (blood draw or breathalyzer) will be administered. (An investigation may also be initiated in circumstances where the employee was recently on duty and articulable facts indicate they may have been impaired while on duty.) A concentration of alcohol that indicates a ____ percent or above, at the time of a BAC test, is per se impairment and may be grounds for discipline.

Answer 14

.02

Question 15

Alcoholic beverages will not be brought into, consumed, or stored in department facilities, properties, or vehicles by any department employee except in the performance of duty. On-duty (except in covert operations) or uniformed off-duty employees will not enter any business to _________ alcoholic beverages.

Answer 15

Purchase

Question 16

Department employees who are determined to be impaired while driving a department vehicle, whether on or off duty, will be _____________________ for all damages that result from a collision. Financial responsibility will include, and is not limited to, property damage, third party property damage, and/or bodily injury associated with the event. LVMPD will exercise its rights under Nevada law to seek subrogation, contribution, and/or indemnity from the employee in appropriate circumstances.

Answer 16

Financially responsible

Question 17

Department employees are subject to the federal Drug-Free Workplace Act. Marijuana remains a controlled substance and the use, sale, manufacture, distribution, and possession of which are federal crimes, regardless of state law to the contrary. Employees may associate with individuals who are using marijuana legally under state law, either recreationally or medically; however, employees do so at their own risk. Employees should be aware that the use of hemp oil, cannabidiol (CBD) oil, or medical marijuana through a registry identification card from the employee’s attending physician, or a prescription for any medication where Delta-8 or Delta-9 tetrahydrocannabinol (THC) or the optical isomer of such substances are a component, will not be an acceptable defense for a positive THC drug test. Testing positive for THC is a ____________ offense.

Answer 17

Terminable

Question 18

Employees who _______________ use or who are made to use a prohibited drug will immediately report the incident to their supervisor so that appropriate medical steps may be taken to ensure the employee’s health and safety and the proper administrative review can occur.

Answer 18

Unintentionally

Question 19

Employees having a ___________________ to believe that another employee is impaired while on duty or is
possessing, using, illegally manufacturing, distributing, or dispensing any prohibited drug will immediately
report the facts and circumstances to a supervisor.

Answer 19

Reasonable suspicion

Question 20

Department employees must notify the __________________ when using prescription or over-the-counter medication which they have been informed by a physician or pharmacist (including warning labels) has the potential to cause impairment. The employee, upon return to duty, must provide either a copy of the prescription, a copy of the paperwork from the pharmacy, or the completed Medical Evaluation (LVMPD 74) to the Health and Safety Detail.

Answer 20

Health and Safety Detail

Question 21

It is the employee’s duty to ensure that they have provided the Health and Safety Detail with any subsequent prescriptions for the same drug (i.e., changes to dosage or frequency). If a prescription is presented that provides the length of time the drug is prescribed, (i.e., 30 days), and no subsequent information is provided, the employee will not have approval for the use of the medication after the prescribed period. Prescriptions must be renewed ___________; therefore, if an employee does not resubmit their prescriptions at least annually, it will be presumed that the employee is no longer taking the medication and approval will be rescinded. Prescriptions submitted will be reviewed by the department MRO.

Answer 21

Annually

Question 22

An employee may voluntarily self-identify as an abuser of prescription or over-the counter drugs or alcohol before being identified through other means. Such self-identification may occur through any supervisor in the employee’s chain-of command or an association representative who then has an obligation to report it to the Office of Labor Relations. Under these circumstances, the employee will participate in a mandatory rehabilitation program paid for by the employee and/or the appropriate health insurance carrier. The employee will also be subject to the conditions of a Last Chance Agreement, which will include unannounced testing for a ________ period.

Answer 22

Two-year

Question 23

Drug Free Workplace

This Last Chance Agreement is not subject to any purge provisions set out by contract or policy and will remain as an employment record throughout the employee’s employment or subsequent re employment. However, as a special condition of the amnesty program, the Last Chance Agreement will only remain in the employee’s personnel file consistent with the department’s purge policy for a _____________. Thereafter, the document will be maintained in a separate file in the Office of Labor Relations and can be acted upon if subsequent drug-related offenses arise.

Answer 23

Major suspension

Question 24

Drug Free Workplace

Any failure on the part of the employee to meet the provisions of the Last Chance Agreement will be cause for ___________. At any time after self identification, wherein the employee tests positive for any substance that is being abused, the employee may be terminated.

Answer 24

Termination

Question 25

The law enforcement profession has uniquely compelling interests, supported by ____________________________________, to implement the use of employee substance abuse testing. The department’s workplace testing program applies to:
1. Applicants for employment by LVMPD.
2. Recruits attending the police and corrections training academies.
3. Non-commissioned employees currently employed by the department, who are applying for commissioned positions.
4. Employees upon transfer into a specialized unit.
5. Employees based on reasonable suspicion of drug use or alcohol impairment.
6. Random drug testing of employees per their collective bargaining agreement (CBA).
7. Random drug testing of designated appointed employees of the Sheriff’s staff (as determined by the Sheriff and including themself).
8. Alcohol and drug testing of all personnel as provided by Nevada law and collective bargaining.
9. Employees who volunteer to be drug tested during an official investigation.

Answer 25

U.S. Supreme Court decisions

Question 26

An employee will be _______________________ (or an applicant will be disqualified) for:
1. Refusal to submit to a required drug or alcohol test.
2. Evidence of sample tampering, alteration, adulteration, or substitution.
3. A positive drug test indicating prohibited drug use.

Answer 26

Subject to termination

Question 27

All records about department required drug tests will remain confidential and will not be provided to other employers or agencies without the __________________ of the person whose records are sought.

Answer 27

Written permission

Question 28

Drug Free Workplace

Does reasonable suspicion testing apply to criminal investigations of the employee?

Answer 28

No

Question 29

Drug Free Workplace

Reasonable suspicion for impairment may be based on, but not limited to:

Answer 29

1. Observable symptoms, signs, or indicators, such as direct observation of drug or alcohol use or possession and/or the physical symptoms of being under the influence of a drug, such as track marks, slurred speech, dilated pupils, or staggering.
2. A pattern of abnormal conduct or erratic behavior.
3. Arrest or conviction for a drug or alcohol-related offense, or the identification of an employee as the focus of a criminal investigation into prohibited drug possession, use, or trafficking.
4. Information provided either by reliable and credible sources or independently corroborated relating to use, possession, or sale of drugs by the employee.
5. Newly discovered evidence that the employee has tampered with a previous drug test.

A noticeable reduction in productivity, substandard performance, sleeping on duty, or high absenteeism may be reasonable suspicion of impairment when combined with one or more of the above indicators.

Question 30

Upon becoming aware or developing reasonable suspicion of an employee’s impairment, a supervisor will contact ____________________ immediately.

Answer 30

Internal Affairs Bureau (IAB)

Question 31

Drug Free Workplace

If a supervisor has reasonable suspicion to conduct a drug test, the supervisor will:

Answer 31

1. Conduct a preliminary investigation (which may include an FST). The supervisor should request a secondary supervisor to observe any indicators of impairment to confirm the reasonable suspicion.
2. Coordinate administrative steps with IAB and transport the employee without delay to the IAB office, unarmed.
3. Complete the Reasonable Suspicion Document provided by IAB.
4. Contact the on-call Police Employees Assistance Program (PEAP) supervisor to follow up with the involved employee.

Question 32

If a supervisor conducts reasonable suspicion drug testing on an employee, they will coordinate administrative steps with IAB and transport the employee without delay to the IAB office,
___________.

Answer 32

Unarmed

Question 33

Based on the Reasonable Suspicion Document and any additional observations of the employee by IAB personnel, a decision will be made regarding whether or not there is reasonable suspicion that the employee is misusing alcohol, prohibited drug, a prescription drug, an over-the-counter medication, or any other substance. If reasonable suspicion exists for alcohol, the employee will be __________ to submit to an evidentiary test (breathalyzer [if available] or blood test). For substances other than alcohol, IAB will collect blood, urine, or hair.

Answer 33

Required

Question 34

Drug Free Workplace

Upon completion of the sample collection, the employee will be released to a ____________ in their chain of command.

Answer 34

Supervisor

Question 35

If the employee is suspected of using alcohol and/or a prohibited drug, the bureau commander or designee will place the employee on suspension of police powers, pending the results of the drug test by completing Suspension of Police Powers or from the Workforce (LVMPD 117b) (see LVMPD 8.340, Administrative Leave, Modified Duty Assignment, and Suspension of Police Powers [Commissioned] or from Workforce [Civilian]).
a. If the test returns positive for alcohol and/or a prohibited drug, the employee will remain on suspension of police powers pending completion of an IAB investigation.
b. If the test returns negative for alcohol and/or a prohibited drug, the bureau commander may return the employee to duty after consultation with the Director of ________________.

Answer 35

Risk management

Question 36

Drug Free Workplace

On random drug tests, the sample collector will notify the squad’s supervisor no more than ______ minutes prior to the test.

Answer 36

45

Question 37

An employee may seek an independent drug test at their own expense at the conclusion of the department’s random drug testing process. This will require both _________________, based on department staffing needs, and the _______________________.

Answer 37

Supervisory approval and submittal of the appropriate leave request.

Question 38

Employees are subject to random drug testing based on what?

Answer 38

Nevada law and collective bargaining agreements.

Question 39

All commissioned personnel will be subject to alcohol and drug testing in instances of officer-involved shootings or conduct that results in death or the substantial bodily harm of another person (see NRS 289, Section 6). This excludes what?.

Answer 39

Animal shoots and and accidental discharges not resulting in injury.

Question 40

__________________ will be subject to alcohol and drug testing immediately following a traffic accident wherein the supervisor is considered at fault while driving a department vehicle that causes death or substantial bodily injury.

Answer 40

Commissioned supervisors

Question 41

Drug Free Workplace

The supervisor overseeing the deadly force event will immediately contact the Critical Incident Review Team (CIRT)/Force Investigation Team (FIT) directly and through Dispatch. If the subject employee is displaying symptoms of impairment prior to an order given by CIRT to submit to drug and alcohol testing, the ______ supervisor will evaluate the circumstances for the criminal investigation before CIRT moves forward with the order and subsequent testing.

Answer 41

FIT

Question 42

Drug Free Workplace

Who oversees the following steps on a use of deadly force scene?

1. The subject employee will be required to submit to a PBT conducted by a supervisor in a reasonable amount of time to presumptively determine the presence of alcohol in the subject employee’s breath.
   a. If the result of the PBT indicates the officer’s or supervisor’s breath contains any alcohol concentration, the subject employee will be required to submit to an evidentiary test (breathalyzer [if available] or blood test), administered by a CIRT supervisor.
2. The subject employee will be transported to a designated drug testing collection room.
   a. The subject employee may be transported by an employee from PEAP or designated monitor officer and may be accompanied by their representative; however, a CIRT investigator will follow the subject employee to the designated LVMPD facility.
   b. If injured in the incident, the subject employee will be transported to a hospital and, if practical, the testing may be conducted at the hospital.
   c. Drug and alcohol testing will be conducted without limitation, for the use of alcohol, prohibited drugs, or prescribed drugs. The subject employee may provide either a blood or urine sample.

Answer 42

CIRT

Question 43

An individual may ___________ to be drug tested during an official investigation. These individuals will not be placed into the random rotation and will only be considered a volunteer during that particular investigation.

Answer 43

Volunteer

Question 44

All employees must present ________________________ at the time of collection. Employees will be entitled to representation by their bargaining association anytime during the drug testing process.

Answer 44

Photographic identification (eg drivers license, department ID)

Question 45

For a positive result of a random drug test, the _______________________ will initiate a Statement of Complaint.

Answer 45

Director of Risk Management