8.166 Drug Free Workplace

Question 1

What is the employee blood alcohol concentration (BAC) limit for alcohol impairment?

Answer 1

.02 or above

Question 2

If a department employee is involved in a vehicle collision in a department vehicle and it is determined that the employee was impaired at the time of the collision, who is financially responsible for the damages?

Answer 2

The employee

Question 3

If an employee is suspected of being impaired by alcohol, what tests are conducted?

Answer 3

1. If impairment is suspected, FSTs and PBT is administered

2. If impairment is established, an evidentiary test (blood or breath) is administered

Question 4

Are department employees allowed to associate with individuals who use marijuana, either medically or recreationally?

Answer 4

Yes, but they do so at their own risk.

Question 5

What is the severity of discipline for testing positive for THC?

Answer 5

Termination

Question 6

Who must be notified when a department employee is using prescription or over-the-counter medication which they have been informed by a physician or pharmacist (including warning labels) that the medication has the potential to cause impairment?

Answer 6

The Health and Safety Detail

Question 7

What will be provided to the Health & Safety detail after being prescribed medication that may cause impairment?

Answer 7

1. A copy of the prescription
2. Paperwork from the pharmacy, or
3. A completed Medical Evaluation form

Additionally, the employee will provide a letter from the prescribing physician indicating,

1. Potential level of impairment
2. Duration of use

Question 8

Who determines if prescribed medication will inhibit work performance or create a safety concern in the workplace?

Answer 8

The Medical Review Officer (MRO)

Question 9

How often do long-term prescriptions need to be renewed with Health & Safety?

Answer 9

Annually

Question 10

Who can a department employee notify if the employee self-identifies as an abuser of prescription drugs, over-the-counter drugs or alcohol?

Answer 10

1. Any supervisor in the employee’s chain of command, OR
2. An association representative

• The self admission will then be reported to Officer of Labor Relations.

Question 11

What process follows a department employee’s self-admission to being an abuser of prescription drugs and/or alcohol?

Answer 11

1. The employee will participate in a mandatory rehabilitation program (paid for by the employee)
2. Will agree to the conditions of a Last Chance Agreement, which includes unannounced testing
   for a two-year period.

• The Last Chance Agreement will become a permanent record in the employment record of the employee. However, it will only remain in the employee’s personnel file the same time as a major suspension. After that it will only be kept as a separate file in the Office of Labor Relations.

Question 12

When a supervisor becomes aware or develops reasonable suspicion of an employee’s impairment, who will be notified? What must be completed?

Answer 12

1. Internal Affairs will be notified
2. Transport the unarmed employee to IAB
3. Complete the Reasonable Suspicion Document
4. Contact the PEAP supervisor to follow up with the employee.
5. If alcohol is suspected, the employee will submit to a test of breath or blood
6. If drugs are suspect, the employee will submit a sample of blood, urine or hair
7. Upon completion of the sample collection, the employee will be released to a supervisor
8. The employee will then be placed on suspension of police powers by the bureau commander
9. If the test returns positive, the employee will remain on suspension pending IA investigation.
10. If the test returns negative, the employee the bureau commander may return the employee to
    duty after consultation with the Director of Risk Management.

Question 13

What is the notification process for Random Drug Testing?

Answer 13

1. The Bureau Commander will be notified by the sample collector of the squad, date and time of
   the collection.
2. The Bureau Commander will ensure the squad will be available while maintaining confidentiality
   of the upcoming test.
3. The Sample Collector will notify the squad’s supervisor no more than 45 minutes prior to the
   test.

*the Sample Collector will notify IAB of employees who subsequently request leave after the notification and do not report to duty.

Question 14

Under Nevada Law, following what incidents are alcohol and drug testing required for all commissioned personnel?

Answer 14

Conduct that results in death or the substantial bodily harm of another person. (i.e. OIS, vehicle collisions)

Question 15

The LVMPD Forensic Laboratory will conduct the drug/alcohol testing of what types of samples?

Answer 15

Reasonable suspicion and blood samples.

Question 16

Who will initiate a Statement of Complaint for a positive result of a random drug test?

Answer 16

The Director of Risk Management

Question 17

How long does an employee have to request a re-test from a positive result of random drug test?

Answer 17

The employee will inform the MRO within 72 hours.

Question 18

How long will the Forensics Lab retain positive drug testing samples?

Answer 18

3 years

Question 19

What is the overall stance and policy of the department in regards to Drug Free Workplace?

Answer 19

It is the policy of this department employees are required to be alert and free from impairment caused by drugs, medication, alcohol, or any other substance or compound when reporting for or remaining on duty.

Question 20

What is self-reporting in the eyes of the department?

Answer 20

Self-reporting can be completed by recieving a prescription from a doctor and then informing Health and Safety of the use. In addition, any potential side effects from the use of said prescription while on duty.

Another form of self-reporting is to declare to a supervisor oneself as an abuser of drugs. Such self-identification may occur through any supervisor in the emplooyee’s chain-of-command or an association representative who then has an obligation to report it to the Office of Labor Relations.

Question 21

Upon becoming aware or developing reasonable suspicion of an employee’s impairment, a supervisor will?

Answer 21

Upon becoming aware or developing reasonable suspicion of an employee’s impairment, a supervisor will contact Internal Affairs Bureau (IAB) immediately.

A supervisor will:

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 on-call Police Employees Assitance Program (PEAP) supervisor to follow up with the involved employee.