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Flashcards in AUC 202 - SUBSTANCE POLICY Deck (38):
1

AUC 202 - SUBSTANCE POLICY

TRUE/FALSE

EVERY MEMBER WHO IS ON-DUTY OR OFF-DUTY AND PRESENT IN ANY DEPARTMENT PREMISES, PROPERTY OR VEHICLE WHO REASONABLY SUSPECTS OR KNOWS OF A VIOLATION OF THE DEPT SUBSTANCE POLICY SHALL REPORT THE VIOLATION TO THE OFFICER ON DUTY AT THE LOCATION OF THE VIOLATION. FAILURE TO REPORT MEMBER SHALL BE SUBJECT TO DISCIPLINARY ACTION.

TRUE

2

AUC 202 - SUBSTANCE POLICY

YOU ARE WORKING THE NIGHT TOUR IN E287 WHEN YOU ENTER THE KITCHEN AND SEE 3 OFF-DUTY MEMBERS AND 1 ON-DUTY MEMBERS SITTING AT THE KITCHEN TABLE HAVING BEERS AND PLAYING CARDS. WHAT DO YOU DO?
(PROBBE)

P - PROHIBIT ON AND OFF-DUTY MEMBERS FROM LEAVING PREMISES WITHOUT PERMISSION OF INVESTIGATING OFFICER

R - IMMEDIATELY RELIEVE THE ON-DUTY MEMBER FROM EMERGENCY DUTY

O - PLACE UNIT OUT OF SERVICE

B - NOTIFY BATTALION CHIEF OR NEXT SUPERIOR

B - NOTIFY BITS

E - ENTRY IN COMPANY JOURNAL

3

AUC 202 - SUBSTANCE POLICY

WHAT IS THE AMOUNT OF ALCOHOL IN YOUR BLOOD THAT ELICITS A POSITIVE TEST RESULT FOR FDNY MEMBERS.

.05 BLOOD ALCOHOL CONCENTRATION

4

AUC 202 - SUBSTANCE POLICY

YOU ARE WORKING IN E319 WHEN YOU RECEIVE A CALL FROM THE TESTING UNIT INQUIRING IF PFF JONES IS WORKING. YOU ARE INFORMED PFF JONES HAS SIGNED A TESTING AGREEMENT, YOU INFORM THE TESTING UNIT THAT PFF JONES IS WORKING. YOU WILL NOT NOTIFY PFF JONES THAT THE TESTING UNIT IS LOOKING FOR HIM, WHEN THE TESTING UNIT ARRIVES WHERE SHOULD YOU DIRECT PFF JONES TO REPORT TO?

THE COMPANY OFFICE

5

AUC 202 - SUBSTANCE POLICY

IN WHAT SITUATIONS MAY MEMBERS BE SUSPENDED FOR UP TO THIRTY DAYS?

- POSITIVE TEST FOR ILLEGAL DRUG OR ALCOHOL (ON-DUTY)

- DRUG OR ALCOHOL RELATED ARREST

- DWI/DWAI ARREST

- ANY OTHER VIOLATIONS OF EXISTING FIRE DEPT POLICIES, RULES, OR REGS

6

AUC 202 - SUBSTANCE POLICY

IF A MEMBER IS CONVICTED FOR A DWAI/DWI FOR THE FIRST TIME AND THERE WAS NO ACCIDENT OR INJURIES, WHAT CAN BE THE PENALTY?

- 15 TO 30 DAYS PAY

- 1 YEAR OF TESTING

- REFERRAL TO CSU

- FINAL WARNING

7

AUC 202 - SUBSTANCE POLICY

IF A MEMBER IS CONVICTED FOR A DWAI/DWI FOR THE FIRST TIME AND IT INVOLVED A MOTOR VEHICLE ACCIDENT, ANY INJURY OR OTHER AGGRAVATING FACTORS, WHAT CAN BE THE PEANALTY?

- 30 TO 60 DAYS PAY

- 2 YEARS OF TESTING

- REFERRAL TO CSU

- FINAL WARNING

8

AUC 202 - SUBSTANCE POLICY

IF A MEMBER IS CONVICTED FOR DWAI/DWI WITH A SERIOUS INJURY OR DEATH OF ANY PERSON, WHAT CAN BE THE PENALTY?

UP TO TERMINATION

9

AUC 202 - SUBSTANCE POLICY

TRUE/FALSE

YOU CAN BE TERMINATED IF YOU GET CONVICTED OF 2 DWAI/DWI WHILE ON THE JOB?

TRUE

10

AUC 202 - SUBSTANCE POLICY

PROBATIONARY FIREFIGHTERS SHALL BE TERMINATED:

- REFUSAL TO COOPERATE IN A REQUIRED SUBSTANCE TEST

- POSITIVE DRUG TEST

11

AUC 202 ADD 1- RANDOM DRUG TESTING

TRUE/FALSE

WHEN THE TESTING UNIT RANDOMLY TEST A COMPANY, THAT COMPANY IS PLACED OUT OF SERVICE WHILE SPECIMENS ARE COLLECTED FROM MEMBERS WORKING IN THE SELECTED UNIT.

TRUE

12

AUC 202 ADD 1- RANDOM DRUG TESTING

TRUE/FALSE

IF YOU ARE ON LIGHT DUTY AND YOUR UNIT IS SELECTED FOR RANDOM DRUG TESTING, YOU TOO WILL BE REQUIRED TO PRODUCE A SPECIMEN.

TRUE

13

AUC 202 ADD 1- RANDOM DRUG TESTING

WHAT ARE THE TWO FORMS OF I.D. THAT BHS OR THE TESTING UNIT WILL USE TO CONFIRM THE IDENTITY OF THE EMPLOYEE BEING TESTED.

FDNY PHOTO ID CARD

NY STATE DRIVERS LICENSE

14

AUC 202 ADD 1- RANDOM DRUG TESTING

HOW MANY HOURS IS A MEMBER GIVEN IN ORDER TO PRODUCE A SPECIMEN?

A REASONABLE AMOUNT OF TIME, UP TO TWO HOURS

15

AUC 202 ADD 1- RANDOM DRUG TESTING

HOW LONG ARE POSITIVE SPECIMENS PRESERVED AT THE TESTING LAB FOR?

A PERIOD OF ONE YEAR

16

AUC 202 ADD 1- RANDOM DRUG TESTING

NEGATIVE SAMPLES ARE MAINTAINED AT THE TESTING LAB FOR?

NOT MAINTAINED FOR MORE THAN TWO WEEKS

17

CAPT. JONES IS OFF-DUTY AND TAKING HIS WIFE TO A PLAY IN MANHATTAN. HE'S CHEAP & DOESN'T WANT TO PAY FOR PARKING SO HE DECIDES TO PARKS HIS CAR AT THE FIRE HOUSE & TRAIN IT IN. WHEN HE GOES TO LEAVE HIS CAR KEYS IN THE KITCHEN HE OBSERVES ALL THE MEN IN THE HOUSE SITTING AT THE TABLE PLAYING CARDS AND DRINKING BEERS. BECAUSE CAPT. JONES IS OFF-DUTY HE TAKES NO ACTION, TURNS ON HIS HEEL & MAKES BELIEVE THAT HE SAW NOTHING. ACCORDING TO DEPARTMENT POLICY, DID CAPT. JONES ACT ACCORDINGLY?

NO

5.1
Every member (who is on duty or is off-duty and present in any Department premises, property or vehicle) who reasonably suspects or knows of a violation of this policy is required to report the violation immediately to the officer on-duty at the location of the violation, to the direct supervising officer of the member who may be in violation of this policy or, if appropriate, to the next superior officer. Any member who fails to report a suspected or known violation of this policy shall be subject to disciplinary action.

18

THE LT OF L154 HAS JUST WALKED INTO THE TV ROOM & WITNESSED 2 MEMBERS OF L154 & 2 OFF DUTY FF DRINKING WHISKEY. ACCORDING TO AUC 202, WHAT MUST THE LT. DO?

PROBBE

P-PROHIBIT FF (ON/OFF DUTY) FROM LEAVING
R-RELIEVE ON DUTY FF FROM RESPONSE DUTY
O-UNIT OOS
B-BATTALION OR NEXT HIGHER
B-BITS
E-ENTRY IN COMPANY JOURNAL

5.5 Every officer (whether on-duty or while in any Department premises, property or vehicle(s)) who reasonably suspects or knows that any member has engaged in conduct prohibited by this AUC or any addenda shall immediately:

1. Prohibit on and off-duty members present at the time of discovery of any violation of this policy from leaving premises without permission of the investigating officer. If any member is permitted to leave premises during an investigation, the investigating officer shall document the reason for the release in a report to be sent to the Chief of Department via the chain of command.
2. Immediately relieve the on-duty member(s) from emergency response duty.
3. Immediately have the affected unit placed out of service.
4. Notify the administrative Battalion Chief or, if appropriate, the next superior officer.
5. Notify the Bureau of Investigations and Trials (“BITs”).
6. Document the incident in the company journal.

19

YOU ARE AN "SA" LT WHEN YOU GET CALLED BY THE DEPUTY OF THE 11TH DIVISION. HE INSTRUCTS YOU THAT THE MEMBERS OF ENGINE 222 HAVE JUST BEEN BUSTED DRINKING BEERS IN THEIR HOUSE & HE NEEDS YOU TO GO THERE AND PERFORM THE INVESTIGATION. AS THE INVESTIGATING OFFICER, YOU KNOW YOUR DUTIES TO BE:

"RAIT"

R-ROLLCALL
A-ADVISE SUSPECTED FF'S OF RIGHT TO REPRESENTATION
I-INVESTIGATE
T-TEST

Duties of Investigating Officer

5.7
The officer charged with investigating a suspected or known violation of this policy shall immediately:

1. Conduct a roll call. All on-duty and off-duty members present in premises shall be part of the roll call.
2. Advise all officers and firefighters whom the investigating officer reasonably believes may be subject to charges of their right to representation before being questioned.
3. Following notification, conduct an investigation to ascertain which member(s) may have engaged in any conduct prohibited under this policy.
4. If the officer has reason to believe that any member(s) has violated this policy, the officer shall immediately order that such member(s) be tested for alcohol and illegal drugs. If the officer orders testing, he or she shall document the reasons for the determination in a report to the Chief of Department via the Chain of Command. If the officer determines that there is no reason to believe that this policy has been violated, he or she shall not order testing and shall document the reasons for his or her determination in a report to the Chief of Department via the Chain of Command.

20

L136 HAS BEEN INVOLVED IN A MAJOR ACCIDENT, THE LCC OF LADDER 136 HAS BEEN TRANSPORTED TO THE HOSPITAL WITH MAJOR INJURIES & WAS NOT TESTED FOR DRUGS OR ALCOHOL. YOU ARE THE CAPTAIN OF 136, SINCE THE LCC WAS NOT TESTED YOU KNOW THAT A REPORT MUST BE GENERATED AD SENT TO WHO?

•CHIEF OF DEPT
•FIRE COMMISSIONER

6.1.6
Every member who has operated a Department vehicle that has been involved in a major accident as defined in Safety Bulletin 56. The highest ranking officer who has responded to the accident shall ensure that the testing takes place in an expeditious manner and shall coordinate such testing with the Testing Unit. If any personnel required to be tested are immediately transported to a hospital, the Medical Officer on-duty shall ensure that the personnel transported are tested in an expeditious manner, and shall coordinate such testing with the Testing Unit, BIT or other required BHS personnel. The highest ranking officer (or where applicable, the Medical Officer), shall document the reasons for the failure to test a member via the chain of command in a written report to the Fire Commissioner and Chief of Department.

21

TRUE/FALSE

THE CHIEF OF DEPT. IS NOT SUBJECT TO RANDOM DRUG TESTING.

FALSE

6.1.8
Every Probationary Firefighter, Firefighter, Wiper, Marine Engineer, Pilot, Fire Marshal, Lieutenant, Captain, Supervising Fire Marshal, Battalion Chief, Medical Officer, Deputy Chief, Deputy Assistant Chief, Assistant Chief Fire Marshal, Assistant Chief, Chief of Staff, Chief Fire Marshal, Chief of Operations, and Chief of Department shall be subject to illegal drug testing on a random basis.

22

FF CHUCK HAS BEEN SUPERVISORY REFERRED TO CSU BECAUSE HIS BOSS'S THINK HE HAS A DRINKING PROBLEM. WHEN FF CHUCK MEETS WITH CSU HE FAILS TO COMPLY WITH THEIR RECOMMENDATIONS. IS FF CHUCK SUBJECT TO A ALCOHOL/DRUG TEST?

YES

6.1.7
Every member who, after a supervisory referral to the CSU, fails to comply with the treatment recommendations of the CSU. CSU will send the employee to BHS for a duty status evaluation that will include a substance test. The employee's noncompliance will be reported by BHS to the BITs. Any member who receives a supervisory referral and fails or refuses to comply with the treatment program recommended or approved by CSU will be deemed:

A. To have disobeyed an order to comply with the treatment plan recommended;
B. To have exhausted this treatment opportunity.

23

WHEN DO PROBATIONARY FF'S RECEIVE A MANDATORY DRUG TEST?

5TH GRADE MEDICAL

6.3.1
Every probationary firefighter shall be administered an alcohol and illegal drug test as part of the 5th Grade medical examination.

24

Any employee who has tested positive for any illegal drugs may, within _____ days of notification of such result, submit a Request for Drug and/or Alcohol Re-Test (T-3 Form) to BITs, seeking that the specimen be re-tested by a laboratory other than the one that conducted the first test.

30 DAYS

7.1.7
Re-Testing Procedure
1. Any employee who has tested positive for any illegal drugs may, within 30 days of notification of such result, submit a Request for Drug and/or Alcohol Re-Test (T-3 Form) to BITs, seeking that the specimen be re-tested by a laboratory other than the one that conducted the first test.

25

FF LANE HAS TESTED POSITIVE FOR COCAINE. HE WANTS A RETEST OF HIS URINE & HE KNOWS THAT THE REQUEST MUST COME WITHIN 30 DAYS OF THE NOTIFICATION OF HIS POSITIVE TEST. LIST THE OTHER PARAMETERS TO THE RETEST:

•The laboratory selected by the member for re-test is certified by the New York State Department of Health and approved by the Department for such testing;

•The member had provided a specimen sufficient for additional testing;

•The re-test by the second laboratory is performed solely at the member's expense;

•The re-test by the second laboratory is performed on a specimen contributed at the same time as that specimen tested by the Department's designated laboratory;

•The specimen is transported directly from laboratory to laboratory without handling by the member or any agent of the member, and

•The second laboratory provides test results directly to the Department as well as to the member.

26

FF TW HAS SIGNED A TESTING AGREEMENT. THE TESTING UNIT HAS CALLED THIS TOUR TO ASCERTAIN IF FF TW IS WORKING, HE IS & HE IS NOT TOLD OF THE TESTING UNITS INQUIRY. WHEN THE TESTING UNIT ARRIVES WHERE SHOULD THE ON-DUTY OFFICER DIRECT FF TW REPORT TO?

COMPANY OFFICE

7.3.2
When the Testing Unit arrives at the work location, the officer on-duty should direct the member to report to the company office where the member will receive further instructions in connection with the testing to be administered.

27

LIST THE PROHIBITED CONDUCT IN REGARDS TO THE DEPARTMENT'S DRUG & ALCOHOL POLICY:

•Use, positive presence, possession, attempted possession, sale, transport or delivery of any illegal drug while on-duty or off-duty; or while in uniform; or while in any Department premises, property or vehicle(s).

•Use, possession, sale, transport or delivery of any drug paraphernalia (e.g. hypodermic needles used to inject illegal substances) while on-duty; or while in uniform; or while in any Department premises, property or vehicle(s).

•Use, positive presence, possession, sale, transport or delivery of alcohol or related paraphernalia (e.g. beer taps, beer kegs) while on-duty; or while in uniform; or while in any Department premises, property or vehicle(s).

•Any use of alcohol that may elicit a positive test result while on-duty.

•Refusal to cooperate in any substance test ordered by the Fire Department, including the completion and signing of any required forms.

28

WHAT IS THE MOST SIGNIFICANT SIGN THAT A PERSON MIGHT HAVE AN ALCOHOL OR DRUG ABUSE PROBLEM?

•CHANGE IN A PERSON'S PATTERN OF BEHAVIOR

THE MOST SIGNIFICANT SIGN IS A CHANGE IN A PERSON'S PATTERN OF BEHAVIOR.

29

YOUR UNIT HAS BEEN SELECTED TO BE RANDOMLY DRUGE TESTED. ON THIS PARTICULAR DAY TOUR YOU HAVE 4 DETAILS WORKING IN YOUR UNIT. SINCE THEY ARE ALL DETAILS AND NOT ASSIGNED TO YOUR UNIT ARE THE MEMBERS DISQUALIFIED FROM THE TEST?

NO


4.1.6
The following members shall be tested on the date and tour designated for testing:

A. every member who is on duty working in the unit that has been randomly selected for testing, whether or not such member is normally assigned to the unit;

B. every member who, according to HRIS is assigned to the randomly selected Line Unit and has a group number scheduled to work, based on the FDNY Group Work Chart, but is working in an off-line capacity on the same date and tour as being tested (e.g., light duty assignments, administrative details)

30

YOUR UNIT HAS BEEN SELECTED TO BE RANDOMLY DRUG TESTED. GROUP NUMBERS 18-23 ARE IN. FF JONES ASSIGNED TO GROUP NUMBER 19 IS ON LIGHT DUTY AT THE MEDICAL OFFICE. ACCORDING TO DEPT POLICIES IS FF JONES TO BE TESTED?

YES

4.1.6
The following members shall be tested on the date and tour designated for testing:

A. every member who is on duty working in the unit that has been randomly selected for testing, whether or not such member is normally assigned to the unit;

B. every member who, according to HRIS is assigned to the randomly selected Line Unit and has a group number scheduled to work, based on the FDNY Group Work Chart, but is working in an off-line capacity on the same date and tour as being tested (e.g., light duty assignments, administrative details)

31

DURING WHAT TIME FRAME, IF YOUR UNIT WAS RANDOMLY SELECTED FOR DRUG TESTING AND YOUR UNIT WAS OPERATING AT A BOX AND HAD NOT TRANSMITTED SIGNAL 10-8, WOULD THE TESTING UNIT PROCEED TO THE NEXT LINE UNIT TO BE TESTED?

60 MINUTES

4.1.8
A Line Unit listed on the Unit Selection List will be deemed unavailable due to exigent circumstances if the unit is at an emergency and does not transmit a 10-8 signal within 60 minutes upon the Testing Unit’s arrival to the testing location. If a Line Unit does not transmit a 10-8 signal within 60 minutes, then
the Testing Unit will proceed to the next Line Unit on the Unit Selection List

32

TRUE/FALSE

THE CHIEF OF DEPARTMENT IS NOT OBLIGATED TO PARTICIPATE IN THE DEPT'S RANDOM DRUG TESTING.

FALSE

4.6.1
Every member selected for drug testing shall be tested on the date and at the time
designated by the FDNY, pursuant to the procedures set forth herein. No member’s request to be excused or re-scheduled (including emergency leaves), shall be granted without the approval of the Chief of Department, except for the Chief of Department. The Chief of Department shall document all approved excusals. The Chief of Department may only be excused or re-
scheduled with the written approval of the Fire Commissioner.

33

A MEMBER IS LOOKING TO GET EXCUSED FROM A RANDOM DRUG TEST, WHO MUST HE RECEIVE APPROVAL FROM?

CHIEF OF DEPARTMENT

4.6.1
Every member selected for drug testing shall be tested on the date and at the time
designated by the FDNY, pursuant to the procedures set forth herein. No member’s request to be excused or re-scheduled (including emergency Leaves), shall be granted without the approval of the Chief of Department, except for the Chief of Department. The Chief of Department shall document all approved excusals. The Chief of Department may only be excused or re-
scheduled with the written approval of the Fire Commissioner.

34

TRUE/FALSE

MEMBERS PARTICIPATING IN RANDOM DRUG TESTING SHOULD KNOW THAT THE STAFF MEMBER SUPERVISING THE TEST WILL BE IN THE STALL WITH THE MEMBER.

FALSE

4.8.5
The staff member supervising the test shall remain in the room, but outside the stall, until the specimen is provided.

35

HOW MUCH TIME IS A MEMBER BEING RANDOMLY DRUG TESTED GIVEN TO PROVIDE AN ADEQUATE SAMPLE?

UP TO 2 HOURS

4.8.8
The member shall be given a reasonable amount of time to provide an adequate sample, up to two hours. During this time, the member shall be permitted to consume water to assist in providing the specimen.

36

IN WHAT AMOUNT OF TIME, IF A MEMBER IS UNABLE TO PROVIDE AT LEAST ONE SAMPLE, WILL THE MEMBER BE TRANSPORTED TO BHS WHERE A BLOOD SPECIMEN WILL BE OBTAINED?

AFTER 2 HOURS

4.8.9
If, after two hours, the member is unable to provide an adequate specimen for at least one sample, the member will be immediately transported to BHS where a blood specimen shall be obtained. In the event that testing must take place during evening or night tours, BHS personnel will travel to the member’s place of work in order to obtain the blood specimen.

37

A POSITIVE SPECIMEN ON A DRUG TEST WILL BE HELD AT THE TESTING LAB FOR HOW LONG?

1 YEAR

4.11.1
Positive specimens determined to contain drugs will be preserved at the testing
laboratory for a period of one year.

38

A NEGATIVE SPECIMEN ON A DRUG TEST WILL BE HELD AT THE TESTING LAB FOR HOW LONG?

2 WEEKS

4.11.2
Negative specimens will not be maintained by the testing laboratory for more than two weeks.

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