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HomeMy WebLinkAbout2003-345 EMS BATTALION CHIEFS COLLECTIVE BARGAINING AGREEMENT BETWEEN TEAMSTERS LOCAL UNION NO . 769 AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT DECEMBER 16 , 2003 - SEPTEMBER 309 2006 TABLE OF CONTENTS ARTICLE 1 RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 3 SEVERABILITY , 6 0 4 a a 1 11 1 1 1 0 0 so 2 ARTICLE 4 DISCRIMINATION , 0 10 # 119 09 0 & 1 & * 60 000 * 00400006 , * , 0 & * sees 0 9 9 0 , 0 . . . . . . a 9 2 ARTICLE 5 UNION BUSINESS , a 1 0 1 1 0 * I 1 0 * 0 0 e 0 0 " a . . . 0 0 0 * * a 0 0 0 1 0 1 1 a go 0 a 6 * 0 a 0 0 40 2 ARTICLE 6 CONTRACTING OR SUB—CONTRACTING . . a 0 0 4 1 0 1 1 f 0 f a 0 0 a a 0 0 * 0 0 a 2 ARTICLE 7 LAY—OFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 8 WORK RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 9 WORKERS ' COMPENSATION—SUPPLEMENTAL . . . . . . . . . . . . . . . 3 ARTICLE 10 UNIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 11 SAFETY AND HEALTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 12 GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 13 DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 14 PAYROLL DEDUCTION OF DUES . . , . . . . . . . . . . . , . . . 7 ARTICLE 15 BULLETIN BOARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 16 SUBSTITUTE EMPLOYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 17 BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 MEDICAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 19 INSURANCE BENEFITS . . . . . . . . . 9 ARTICLE 20 ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 21 LEAVE OF ABSENCE WITHOUT PAY ' . . . . . * go 10 ARTICLE 22 HOLIDAYS " , be * 86064 , 604 " 11 Y TABLE OF CONTENTS (CONTINUED) ARTICLE 23 REMUNERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 24 DURATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ATTACHMENT A - DRUG-FREE WORKPLACE PROGRAM . . . . . 0 * 06 * * 1 000 * , , * * 1 * 1 -20 ARTICLE 1 = RECOGNITION Section 1 : Indian River County Emergency Services District (the Employer) recognizes Teamsters Local 769 (the Union) as the sole and exclusive bargaining agent, with respect to wages, hours and working conditions of employment, for the employees in the bargaining unit as established by PERC Certification No . 1381 , granted by the Florida Public Relations Commission, attached as Appendix "A. " Section 2 : The Union recognizes the County Administrator as the exclusive representative for the County. The Union, its agents and representatives agree to bargain collectively pursuant to Florida Statute 447 only with the County Administrator (or designee) . ARTICLE 2 - MANAGEMENT RIGHTS Section 1 : Subject to the provisions of this Agreement, it is the right of the County to unilaterally : a) Determine the purpose of each of its constituent agencies ; b) Set standards of services to be offered to the public ; c) Exercise control and discretion over its organization and operations ; d) Manage and direct its workforce, including the right to take disciplinary action for proper cause; hire, promote, rehire, recall, demote for cause, transfer, lay-off or relieve its employees from duty because of a lack of work or other legitimate reasons ; e) Schedule and assign work to be performed. Section 2 : It is the intent and understanding of the parties that any rights, privileges or obligations which are not specifically granted to the Union and the employees by this Agreement are retained by the County. Section 3 : This Agreement sets forth all covenants, stipulations and provisions agreed upon by the parties hereto , and no agent or representative of either party has the authority to make, and none of the parties shall be bound by or be liable for, any statement, representation, promise, inducement or agreement not set forth herein. This Agreement spells out the total agreement in its entirety between the parties, including wages, hours, working conditions and all fringe benefits . Section 4 : If in the sole discretion of the County Administrator, it is determined that civil emergency conditions exist or may exist, including, hurricane conditions, similar catastrophes or disorders, this Agreement may be suspended by the County Administrator during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. 1 ARTICLE 3 = SEVERABILITY Section l : It is not the intent of either party to violate any laws or any rulings or regulations of any governmental authority or agency having jurisdiction of the subject matter of this Agreement . The parties hereto agree that in the event any provision of this Agreement is held to be unlawful or void by any tribunal having the right to so hold, the parties shall meet within thirty (30) days to negotiate a substitute article(s) . The remainder of this Agreement shall remain in full force and effect, unless the parts so found to be void are wholly inseparable from the remaining portions of the Agreement. ARTICLE 4 - DISCRIMINATION Section 1 : The Employer and the Union affirm their joint opposition to any discriminatory practices in connection with employment. Employees shall be treated in a respectful manner without regard to religion, disability, marital status, political affiliation, race, color, creed, national origin, gender or age . ARTICLE 5 - UNION BUSINESS Section l : Union business conducted by any employee while on duty shall not interfere with the employees ' normal duties, unless the local union representative has been requested by the County to act in a Union capacity . ARTICLE 6 - CONTRACTING OR SUB-CONTRACTING Section 1 : If the County is considering contracting out, reassigning or sub-contracting any work, which will eliminate bargaining unit positions, the County shall notify the Union sixty (60) days prior to the effective date of the decision. The Union shall be given the opportunity to present their position to the County Commission. Nothing shall limit the County' s right to subcontract work. ARTICLE 7 - LAY-OFF Section 1 : The County retains the unilateral right to determine the number of employees. In the event of a lay-off, the County will make every effort to give as much notice as possible. The County shall provide employees at least thirty (30) days notice of lay-off. Employees shall be laid off in reverse order of seniority. 2 ARTICLE 8 = WORK RULES Section 1 : Employees shall be required to observe, comply and administer departmental rules and regulations governing employment, as set forth in any departmental procedures and such special and general orders and written communications now existing or which may hereafter be promulgated, which are not in conflict with this Agreement. Bargaining unit employees shall receive a written copy of any newly created rule or regulation. Section 2 : The Rules and Regulations as written, or as may be amended at the discretion of the County, are not subject to the grievance procedure contained in this Agreement. ARTICLE 9 — WORKERS ' COMPENSATION=SUPPLEMENTAL Section 1 : Disability leave with pay shall be provided by the County on the following basis : a) The disability resulted from an injury or an illness sustained directly in the performance of the employee's work, as provided in the State Workers' Compensation Act. b) If incapacitated for the employee's regular position, the employee may be given other duties with the Department for the period of recuperation, provided the employee's medical condition permits. Unwillingness to accept such an assignment as directed by the EMS Chief will make the employee ineligible for disability leave during the time involved. C) A physician selected by the County may be used to determine the physical ability of the employee to continue on disability leave or to return to work. d) Except as may be modified by Section 2, if the disability leave is approved, the first seven days of the leave (3 . 5 shifts for shift employees) will be charged to the employee ' s medical leave, then the annual leave account. After the first seven days (3 . 5 shifts for shift employees), the employee will be entitled to normal Workers' Compensation benefits with any accrued medical or annual leave the employee may have. In no case shall the employee ' s total compensation from county pay and Workers ' Compensation exceed the employee ' s normal compensation. e) No new medical leave shall be accumulated during the period an employee is off the job due to injury or illness from combat. Section 2 : In the event of a combat injury, generally defined as occurring from the point of alarm to the return to station, an employee will be paid an amount equal to the employee's normal earnings by use of District funds or a combination of District funds and Workers' Compensation without charge to the employee's medical or annual leave . 3 e This coverage will be extended to other hazardous activities, if approved by the Director of Emergency Services, after a request for approval of such paid disability has been made by the EMS Chief. The Director's approval shall not be unreasonably withheld. ARTICLE 10 = UNIFORMS Section 1 : The County shall provide the uniforms and equipment currently provided. The parties agree the County may make changes in styles or update equipment, as it deems appropriate, during the term of this Agreement. ARTICLE 11 - SAFETY AND HEALTH Section 1 : The parties agree to the concept of a smoke-free Department. Towards that end, there shall be no smoking or use of tobacco products allowed in or around any area of the emergency service stations and/or vehicles. Employees of this bargaining unit are required to comply and enforce this provision by reporting subordinate employees to the Department Director. Section 2 : All bargaining unit employees shall abstain, both on and off duty, from the use of all tobacco products. Section 3 : The parties agree to the Drug-Free Workplace Program attached as Attachment `B . " The employees in this bargaining unit are required to enforce this program relative to their subordinate departmental employees. 4 ARTICLE 12 - GRIEVANCE PROCEDURE Section 1 : A grievance is defined as a dispute involving the interpretation or application of the provisions of this Agreement, except as exclusions are noted in other Articles of this Agreement. Any grievance filed shall refer to the provision or provisions of this Agreement alleged to have been violated. Section 2 : Employees covered by this bargaining unit shall have the right to use only this procedure and no right to any other procedure (i. e . , rules and regulations, administrative policy, etc .) . New employees shall serve a one-year period of probation and shall be entitled to this procedure, except for as prohibited in Article 13 . Section 3 : Grievances shall be presented and adjusted in the following manner: Step 1 — Division Level An employee having a grievance may, within five days following the first occurrence giving rise to the grievance, submit the grievance in writing to the EMS Chief, setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the remedy requested. The EMS Chief will meet with the employee, accompanied by the Union, to discuss the grievance. The EMS Chief shall communicate a decision in writing to the employee and the Union within five days following discussion of the written grievance. $tep 2 — Department Level If the grievance is not settled at Step 1 , the employee may submit the grievance in writing to the Department Director within five days after receipt of the decision at Step 1 . The Department Director will meet with the employee, accompanied by the Union, to discuss the grievance. The Department Director shall communicate a decision in writing to the employee and the Union within five days following discussion of the written grievance . Step 3 — Administration Level If the grievance is not settled at Step 2, the employee may submit the grievance in writing to the County Administrator (or designee) within five days after receipt of the decision at Step 2 . The County Administrator (or designee) will meet with the employee, accompanied by the Union, to discuss the grievance. The County Administrator (or designee) shall communicate a decision in writing to the employee and the Union within five days following discussion of the written grievance. 5 Step 4 — Arbitration If the grievance is not settled in accordance with the foregoing procedure, the Union may request arbitration by requesting a list of arbitrators from the Federal Mediation and Conciliation Service no later than fifteen days after receipt of the decision from Step 3 . The grievance shall not be amended, and if the Union fails to appeal to arbitration within said fifteen days, the Administrator' s Step 3 answer shall be final and binding on the employee and the Union. The cost of the arbitrators list shall be borne by the party requesting the list. Upon receipt of the list, the parties shall strike names alternatively from the list . The decision shall be in writing and shall set forth the arbitrator' s opinion and conclusions on the issue(s) submitted and the appropriate remedy, if any. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement and shall be without power or authority to make any decisions: a) contrary to, or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement or applicable law or rules or regulations having the full force and effect of law, b) limiting or interfering in any way with the powers, duties and responsibilities of the County under applicable law and County ordinances. The decision of the arbitrator, if made in accordance with jurisdiction and authority under this Agreement, shall be final and binding on the parties. In reaching a decision in all cases, the arbitrator shall utilize a preponderance of the evidence standard of proof. The arbitrator may fashion an appropriate remedy where he finds a violation of this Agreement, but no liability/penalty, monetary or otherwise, shall accrue against the County. With respect to grievances involving demotions, suspensions or termination of employment, the arbitrator shall not modify the County' s disciplinary action unless it is found the County' s action was arbitrary or capricious. However, this shall not eliminate the proper cause provision contained in Article 2 . The parties to the arbitration shall divide the expenses and fees of the arbitrator. Each party shall be responsible for compensating and paying the expenses of its own representatives and witnesses, except that the employee filing the grievance and the Union representative shall be excused without loss of pay if the arbitration hearing is held during their regular working hours. Section 4 - General Provisions : Failure to initiate a grievance within the time limit in Section 3 above shall be deemed a waiver of the grievance . Failure at any step of this procedure to submit a grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision at that step . Failure at any step of this procedure to communicate the decision on the grievance within the specified time limit shall permit the employee, or Union where appropriate, to proceed to the next step . The number of days indicated at each step should be considered as a maximum, and every effort should 6 be made to expedite the process. The term "days" as used in this article shall mean Monday through Friday. The parties can mutually agree to extend the above time limits, if done so in writing . ARTICLE 13 - DISCIPLINE Section 1 : Discipline shall be impartially and consistently administered, with the understanding employees of this unit shall be held to a high standard of conduct as a result of their position within the organization. During the one-year probationary period, new employees may be dismissed at the sole discretion of the County and are not entitled to use the grievance/arbitration procedures relating to their discipline or discharge, and are not entitled to payments of sick leave or vacation leave at time of termination. ARTICLE 14 — PAYROLL DEDUCTION OF DUES Section 1 : The County agrees to deduct prescribed dues and initiation fees from the earnings of those employees who have signed individual authorization cards for such deduction. The County shall remit said collections monthly to the duly designated officer of the Union. Section 2 : The Union shall indemnify, exonerate, and save the County harmless from any claims or judgments against the County based upon any check-off of Union dues, fees, or assessments. The County shall give written notice to the Union by certified mail addressed to the Business Agent of the Union of any claim against the County based in whole or in part on any check-off of Union dues, fees or assessments. The Union shall defend the claim at its own cost and without expense to the County even if such claim is false, groundless, or fraudulent. Section 3 : An employee transferred to a classification not in the bargaining unit, or whose employment is terminated, shall cease to be subject to check-off deduction the month following the month in which such change in employee status occurs. Section 4 : The County shall not be required to collect Union dues in arrears. Any change in dues made by the Union will become effective after a thirty-day written notice by the Union to the County. ARTICLE 15 — BULLETIN BOARDS Section 1 : The Union may have a bulletin board in each EMS BC Office for the posting of notices . 7 ARTICLE 16 — SUBSTITUTE EMPLOYMENT Section 1 : Bargaining unit employees shall inform the Emergency Services Director, in writing, of any outside employment. ARTICLE 17 — BEREAVEMENT LEAVE Section 1 : Regular full-time bargaining unit employees covered by this agreement shall be granted 36 hours of leave with pay if services are in state and 48 hours if out of state, upon verbal request to the EMS Chief or his designee prior to the beginning of the leave, for death in their immediate family without charge to medical leave, annual leave, holiday time, or other accumulated time. Section 2 : For the purpose of this article, the immediate family shall consist of Spouse, Children and Step-Children, Parents and Step-Parents, Grandmother, Grandfather, Grandchildren, Brother, Sister, Mother-in-Law, Father4n-Law, Son-in-Law, Daughter-in- Law, Sister-in-Law, Brother-in-Law, Step-brother, Step-sister, or Legal Guardian of the bargaining unit employee, and any other individual so designated by the County for all other employees. Section 3 : Employees will be required to provide documentation supporting their request for bereavement leave for out-of-state leave . ARTICLE 18 — MEDICAL LEAVE Section 1 : Full-time permanent employees earn medical leave at the rate of 12 hours per month starting the first full month of employment. Section 2 : Medical leave may be accumulated for a total of no more than 60 days (720 hours) at the employee ' s anniversary date . Section 3 : Medical leave may be taken as earned. However, the initial probationary period shall be extended by the same number of shifts used as medical leave. Section 4 : Frequent claiming of benefits under this rule will constitute grounds for the assumption by the Emergency Services Director that the physical condition of the employee is below the standard necessary for the proper performance of duties. Evidence of malingering or the abuse of this benefit will constitute grounds for prompt disciplinary action up to and including dismissal by the Emergency Services Department . Section 5 : Upon resignation or termination for cause of an employee from the County' s services, all medical leave, current and accumulated, will be forfeited. Use of medical leave will not be approved or paid during the last two weeks of employment . 8 Section 6 : Employees retiring in accordance with existing retirement plans or who have died and who have ten or more years service with the County will receive base pay for one-half of medical leave hours accumulated up to a maximum of two hundred and forty hours. Section 7 : Medical leave accumulated in excess of 30 days (360 hours) shall be paid by the middle of the month following the employee ' s date-of--hire month. Employees will be paid compensation at the regular rate for one-half of all medical leave days accumulated over 30 or all additional hours accumulated over the maximum 60 days. The days that are compensated for through this plan will be deducted from their total accumulation. ARTICLE 19 — INSURANCE BENEFITS Section 1 : Hospitalization and medical insurance is provided for all classified employees. The County agrees to pay for the employee and the employee's dependent coverage, except that employee shall pay $ 132 . 50 per month for dependent coverage commencing October 1 , 2003 . Section 2 : The County agrees to bargain over the negotiable impacts, upon proper request, of any reduction in the amount or scope of coverage provided to employees and the family members. The County may, at its option, obtain coverage from a different carrier or provider, without being required to negotiate over the impacts with the Union, provided that the benefits remain similar. Section 3 : The County may, at its option, elect to have any future increase in the cost for dependent coverage absorbed by the employee. Section 4 : If the cost of insurance payable by the employee is proposed to be increased by more than $ 35 . 00 per month in the subsequent years of this agreement, the Union has the right to negotiate over the increase, provided that written notice is given to the Emergency Services Director within ten ( 10) working days after notice of such proposed increase is given to the employees. Section 5 : The County shall maintain in full force and effect, and pay all premiums for, a life insurance policy on the life of each employee, payable to a beneficiary designated by the respective insured employee. Such life insurance policy shall be based on an amount equal to the employee's annual salary to the nearest high thousand as of the month following the payroll change. Section 6 : Separation shall be effective as of the date of death. All compensation and benefits due to the employee as of the effective date of separation shall be paid to the beneficiary, surviving spouse, or estate of the employee as determined by law or by executed forms in the employee 's personnel folder. 9 ARTICLE 20-ANNUAL LEAVE Section 1 : Employees in the bargaining unit shall be entitled to accrue paid annual leave on the following basis : A. Ten working days vacation shall be earned each year for the first five years of continuous employment commencing with the anniversary date. Be At the start of the sixth year of continuous employment through the start of the fifteenth year of continuous employment, an employee shall be entitled to one additional vacation day per year as follows: Continuous Employment Annual Days Earned 6 Years 11 Days 7 Years 12 Days 8 Years 13 Days 9 Years 14 Days 10 Years 15 Days 11 Years 16 Days 12 Years 17 Days 13 Years 18 Days 14 Years 19 Days 15 Years 20 Days Section 2 : The maximum vacation accrual shall be thirty days. Section 3 : Employer rules and regulations will apply regarding notification for annual leave. Section 4 : Employees with the most time in total service years will be given preference when granting annual leave . ARTICLE 21 — LEAVE OF ABSENCE WITHOUT PAY Section 1 : The decision to grant a leave of absence without pay is a matter of administrative discretion. The Emergency Services Director shall determine each case on its own merit. Section 2 : Failure to return to work at the expiration of the approved leave shall be considered as a resignation. Section 3 : No medical leave or annual leave will be earned by an employee for the time that the employee is on leave without pay. 10 Section 4 : Leave without pay shall not constitute a break in service, but time off will not be credited toward retirement. Section 5 : Fringe benefits can be continued at the expense of the employee on any leave of absence over thirty days. Section 6 : An employee shall be considered as having resigned if the employee is absent three consecutive duty shifts without prior approval. . ARTICLE 22 — HOLIDAYS Section 1 : The County recognizes the following holidays and any other days authorized by the Board of County Commissioners under the auspices of the Indian River County Administrative Policy: L New Year' s Day 2 . Easter 3 . Memorial Day 4. Independence Day 5 , Labor Day 6 . Veteran' s Day 7 . Thanksgiving Day 8 . Friday after Thanksgiving Day 9 . Last working day before Christmas 10 , Christmas Day 11 . Floating Holiday ( 12-hr. day) Section 2 : Employees who are not required to work on a holiday, or work less than 12 hours on a holiday, will receive 12 hours of holiday pay at their regular hourly rate for the pay period within which each holiday falls. Employees who work 12 hours or more on a holiday shall receive 18 hours of holiday pay at their regular hourly rate, in addition to their twenty-four hours of regular pay for the time worked, for the pay period within which each holiday falls. Section 3 : An employee must be on active pay status or approved leave on the regularly scheduled working day immediately prior to a holiday, and the regularly scheduled working day immediately following a holiday, in order to qualify for the holiday time. 11 a ARTICLE 23 - REMUNERATION Section 1 : Employees covered by this agreement shall receive a cost-of-- living increase of 2 . 5% on October 10, 2003 , 2. 5% on October 8 , 2004, and 2 . 5 % on October 7, 2005 . Section 2 : Employees shall be eligible for a 5 % anniversary increase based upon a successful evaluation; provided, however, that no employee ' s salary shall exceed the maximum salary of the pay range . The present salary range is considered as exempt at $48, 173 to $66,625 . Section 3 : Employees in this bargaining unit are exempt from the overtime provisions of the Fair Labor Standards Act and shall be eligible for 72 hours of administrative leave time off per calendar year. This leave must be used in increments of 24 hours and scheduled in accordance with the vacation policy. Any hours not scheduled and used within the calendar year shall be forfeited and not carried over. ARTICLE 24 — DURATION Section 1 : This agreement shall be in full force and effect from the date of approval by the Board of County Commissioners through September 30, 2006. Either party desiring to amend this agreement shall notify the other party in writing by February 1 , 2006 . Agreed this 16th day of December 920036 INDIAN RIVER COUNTY TEAMSTERS LOCAL UNION NO. 769 EMERG SERVICES DI ICT eth Macht, Chairman usiness AepAsentative d kmergency Chandler, Adm' stra of the Date 0 Services D strict /6 Ratified by the Union on the Witness day of he&Abe,,e , 2003 . December 16 , 2003 Co med by . Date Business Resentative FINAL EMS BC 11 -5-03 12 Attachment A Indian River County , Florida Emergency Services District Sixty ( 60 ) Day Notice of Drug -Free Workplace Program For Teamsters Local 769 Collective Bargaining Unit Employees The District is committed to maintain a safe , healthy , and productive work environment for its employees ; to provide professional services for its citizens ; to maintain the integrity and security of its equipment and workplace ; and to perform all these functions in a fashion consistent with the interests and concerns of the community. The District believes that there is potential for serious consequences to your employment security , and our business , due to drug and alcohol use and/or abuse by employees , which has been shown to increase safety risks and absenteeism while decreasing productivity and quality . Pursuant to the District's philosophy and goals , it is codifying a Drug-Free Workplace Program to ensure that we will have a drug-free workplace . This program is intended to satisfy the Drug -Free Workplace Program requirements set forth in 440 . 102 , Florida Statutes , and Rule 59A, Florida Administrative Code . It is the policy of the District that unlawful possession , use , being under the influence, consumption , sale , purchase , distribution , dispensation , or manufacture by any employee of alcohol or any illegal drugs or illegally obtained drugs in the workplace , on District premises , or within its facilities , in the conduct of District-related work off District premises , or when operating District vehicles on or off duty is strictly prohibited and will be grounds for immediate termination . Nor will the District permit any employee to report to work or to perform his or her duties while taking prescription or non-prescription medication which adversely affects the person 's ability to safely and effectively perform his or her job duties . Employees are required to notify supervisors of all such medication use . It is a condition of employment to abide by the terms of this policy . In furtherance of its Drug-Free Workplace Policy , the District will institute drug and alcohol testing procedures beginning October 1 , 1998 . Under this testing program , special- risk and safety-sensitive candidates for employment, as well as current employees under certain limited circumstances (i . e . , for cause , fitness for duty and post accident) , will be subject to alcohol and drug testing . A complete copy of the District's Drug- Free Workplace Program will be provided to each employee and applicant in advance of the program' s commencement date . 1 It is the District's desire that individuals voluntarily address and resolve any drug and alcohol-related problems on a confidential basis . Should an employee realize that he or she has developed a dependence on drugs , alcohol , or any controlled substance , he or she is advised to seek rehabilitation voluntarily (without disciplinary penalty) , prior to any management action . In order to provide an effective means of helping employees deal with drug/alcohol use and/or abuse , which may be interfering with their job performance , the District has an Employee Assistance- Program ( EAP) provider, Bradman/UniPsych Companies , which offers employees and their families substance abuse treatment and rehabilitation services . Information on these services is available from the District at 567-8000 , extension 225 at the Director's Office , Fire Chief at 562-2028 , or the EMS Chief at 567- 3160 We would like to have the opportunity to answer any questions anyone might have prior to the effective date of the program . If you would like to discuss the policy (on a confidential basis) , please contact the Emergency Services Director, or his or her designee , at any time . We do appreciate your work on behalf of the District and ask your assistance in keeping the workplace free of alcohol and drug-related problems . JV es E . Chandler ou Administrator 2 Policy Statement To ensure a workplace free from the influence of illegal drugs and alcohol abuse , the following revised policy has been established . As in the past , the policy applies to all employees , supervisors , and managers . Any violation of the Policy will result in discipline , up to and including termination of employment. The District is committed to providing a safe work environment for employees , guests , community , and the public. The abuse of alcohol and drugs is a national problem that impairs the safety and health of employees , promotes crime , and harms the community . In order to maintain the highest standards of morale , productivity and safety in its operations , the District has previously implemented a drug and alcohol free workplace policy. With the cooperation and assistance of its employees , the District will continue its program designed to provide a safe workplace environment free from drugs and alcohol use and/or abuse . The District recognizes that alcohol and drug dependency require medical supervision and treatment if there is to be successful rehabilitation . The District' s desire and intent is to encourage any employee with alcohol or drug dependency to enter, voluntarily, a drug or alcohol rehabilitation program . It is the responsibility of each employee to initiate and obtain assistance before any difficulties with drugs or alcohol affect his or her work. Accordingly: This policy satisfies the requirements of the Florida Drug-Free Workplace Program , as provided in Section 440 . 101 , et sec. , Florida Statutes , This Drug-Free Workplace Policy and Work Rules requires all employees to be free from the influence of drugs and alcohol while working or while in District property . The use , possession , sale , distribution , or manufacture of any drugs , and/or the unauthorized possession and/or use of alcohol , while working or while on District property , is prohibited . All special risk and safety sensitive job applicants will be tested for drugs prior to being employed . All employees will be subject to drug and alcohol testing upon reasonable suspicion , as defined herein , and as a follow- up to release from a rehabilitation program . All employees are encouraged to be aware of the effects of, and to advise their supervisor when taking , prescription medication that may affect their performance at work . 3 Rules on Drugs and Alcohol Employees of the District are hereby notified that it is a condition of employment for each employee to refrain from reporting to work or working with the presence of drugs or alcohol in his or her body. It is not the intent of the District to intrude into the private lives of its employees . However, the effect of drug and alcohol use , abuse , and/or dependency on safety, work quality, increased medical expenses , and lost productivity requires that this policy be implemented . The following rules apply under the District policy: 1 . 0 Pre-Employment Conditions 1 . 1 The following pre-employment conditions are established to determine the suitability of employees to work for the District . 1 . 2 All job applicants must submit to a drug test prior to starting employment in that position . Any job offer which a job applicant may receive from the District is contingent upon the applicant successfully completing the drug test. 1 . 3 Any job applicant who refuses to submit to drug testing as part of the pre-employment testing process will be refused employment . Any job applicant who tests positive for drugs will be refused employment at that time . Confidentiality will be maintained pursuant to this Policy . 1A The District will not discriminate against an applicant for employment because of the applicant's past addiction to drugs or alcohol . It is the current use/abuse of drugs or alcohol that will not be tolerated . 2 . 0 Conditions of Continuing Employment 2 . 1 Each employee will receive a copy of the Drug - Free Workplace Policy and must abide by the Policy. The rules contained in the Policy are to be considered conditions of continuing employment and are to be consistently followed . Any violation of these conditions of continuing employment will result in disciplinary action , up to and including termination of employment. 3 . 0 Prohibition of Possession , etc . 3 . 1 The unlawful manufacture , distribution , dispensation , possess , sale , or use of any drug or un prescribed , controlled substances and/or unauthorized possession or usage of alcohol by employees while 4 working or when on any District property , including parking lots , are strictly prohibited . 4 . 0 Prohibition of Drug or Alcohol Use 4 . 1 All employees are prohibited from being at work or on District property , including parking lots , with the presence of any drug or its metabolite , as set forth herein , in the employee's body . Any employee who has a confirmed positive test of a drug or its metabolite at the levels defined herein will be presumed to be under the influence of a drug and in violation of District Policy , 4 . 2 All employees are prohibited from being at work or on District property , including parking lots , with the presence of alcohol , as set forth herein , in the employee's body . Any employee who has a confirmed positive test of alcohol at the levels defined herein will be presumed to be under the influence of alcohol and in violation of District Policy , 5 . 0 Requirements to Report Medication Use 5 . 1 The District does not prohibit the use of a drug (prescribed medication) which has a currently accepted medical use , provided : (a) The drug is prescribed or authorized for an employee by a licensed practitioner; and (b) The use of the drug at the prescribed or authorized level is consistent with the safe performance of the employee's duties ; and (c) The drug is used at the dosage prescribed or authorized . 5 . 2 Employees are encouraged to notify their immediate supervisor when reporting for work or during the course of a work shift if the use of any prescription or non-prescription medication may adversely affect his or her ability to satisfactorily and safely perform his normal job duties (e . g . , including but not limited to drowsiness) . Employees in safety sensitive or special risk positions are required to provide their supervisor with such information . 6 . 0 Employee Drug and Alcohol Testing 6 . 1 Employees will be required to submit to drug and/or alcohol testing upon reasonable suspicion as defined in this Policy , and after release from a drug or alcohol rehabilitation program unless the employee voluntarily entered the program . If follow up testing is required , it must be conducted at least once a year for a 2-year 5 period after completion of the program . Advance notice of a follow up testing date must not be given to the employee to be tested . 6 . 2 Confidentiality will be maintained at all times to the extent permitted by law. 7 . 0 Employee Drug or Alcohol -Related Criminal Charges or Arrests 7 . 1 Employees are required to notify the District of any criminal drug statute-related criminal charge of arrest no later than five ( 5) days after such charge has been filed . Employees in positions which require driving a District vehicle on District business must notify Personnel of any drug or alcohol-related arrest (e . g . , including but not limited to Driving While Under the Influence) on the next workday. 7 . 2 The District will take appropriate action with respect to an employee who is so charged , which action may include transfer to a non safety sensitive or non special risk position in alcohol-related cases or discipline in cases related to illegal drugs . 7 . 3 Employees are required to notify the Emergency Services Director, or his or her designee , of the outcome of all criminal drug statutes or alcohol-related criminal charges no later than five (5) days after any change in status of such charges . This includes notification of a conviction , a plea of guilty, an adjudication of guilty , a plea of nolo contendere , adjudication withheld , an acquittal , or a dismissal of the charges . 7A The District will take appropriate disciplinary action against such employee within thirty (30) days of receiving notice of the outcome or any change in the status of such criminal drug statutes or alcohol - related charges . 8 . 0 Rehabilitation Procedures 8 . 1 An employee who is experiencing problems as a result of drug and/or alcohol abuse should contact the Emergency Services Director, or his or her designee , for referral for treatment and/or counseling . This discussion will be kept confidential . Supervisory personnel may be notified when treatment or rehabilitation will require absence from work. 9 . 0 Employee Education and Referral Program 9 . 1 It is the responsibility of each employee to seek assistance before drugs and alcohol use or abuse leads to disciplinary problems . 6 Employees who may require assistance for substance dependency and related program are encouraged to seek assistance and information from the Emergency Services Director, or his or her designee . 9 . 2 Once a violation of this Policy occurs , subsequent use of a counseling or rehabilitation program on a voluntary basis will not affect the determination of appropriate disciplinary action . 9 . 3 An employee 's decision to seek assistance or referral from the Emergency Services Director, or his or her designee , prior to an incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding . 9 .4 The District has no interest in restricting social drinking outside of working hours and no intent to intrude upon private or personal lives of employees . The District is concerned only when the employee's health , job performance , and safety conditions are adversely affected . 9 . 5 Upon successful completion of a drug treatment program an employee may be released to resume work but will be subject to drug testing as provided for in Section 6 . 1 . 9 . 6 An employee's participation in an alcohol or drug treatment program will not be made part of any personnel records and will remain confidential except to the extent necessary to comply with this Policy and to the extent permitted by law. Medical and insurance records , if any, will be preserved in the same confidential manner as all other medical records . The Emergency Services Director, or his or her designee , will maintain treatment recommendation records and compliance records . 10 . 0 Employee Education Information 10 . 1 The following crisis information centers will provide information regarding employee assistance programs ( EAP) and local alcohol and drug rehabilitation programs available to employees : Bradman/UniPsych Companies 7777 Davie Road Extension Suite 302 Hollywood , Florida 33024 (800) 272-3626 (954) 704-8686 7 Substance Abuse Council 2001 9th Avenue Vero Beach , FL 32960 770-4811 Center for Emotional and Behavioral Health at Indian River Memorial Hospital 1190 37th Street Vero Beach , FL 32960 563-4666 Community Oriented Police Enforcement (COPE) 4055 41 st Avenue Vero Beach , FL 32960 569-6700 C . O . R . E . Program 1422 Old Dixie Highway Vero Beach , FL 32960 567- 1282 Drugs Are Not the Answer ( DANTA, Inc . ) 4145 28th Avenue Gifford , FL 32967 770-4663 Family Center of Vero Beach 1845 14th Avenue Vero Beach , FL 32960 778-5523 Mental Health Association of Indian River and St. Lucie Counties 2525 St. Lucie Avenue Vero Beach , FL 32960 569-9788 Support Groups Alcoholics Anonymous (AA) 562- 1114 AI-Anon 562- 1114 Alateen 562- 1114 Adult Children of Alcoholics 567-2253 Narcotics Anonymous 1 -800-281 -9889 Cocaine Anonymous 1 -800-877-7675 8 National Hotline Numbers Alcohol and Drug Referral Hotline 1 -800-252-6454 Child 's Help , National Child Abuse Hotline 1 -800-422-4453 National AIDS Hotline 1 -800-342-2437 National Cocaine Hotline 1 -800-262-2463 National Hepatitis Hotline 1 -800-223-0179 National Runaway Switchboard and Suicide Hotline 1 -800-6214000 National Sexually Transmitted Diseases Hotline 1 -800-227-8922 Suicide and Rape 24-Hour Emergency Services 1 -800-333-4444 National Assistance Groups Alcoholics Anonymous 1 -800-344-2666 Food and Drug Administration 1 -301443- 1240 Mothers Against Drunk Driving ( MADD ) 1 -800-438-6233 Narcotics Anonymous 1 -800-281 -9889 National Association for Children of Alcoholics 1 -714-499-3889 National Association of Anorexia Nervosa and Associated Disorders 1 -312-831 -3438 National Council of Child Abuse and Family Violence 1 -800-222-2000 National Institute of Drug Abuse , Drug Information , Treatment 1 -800-662-4357 Parents Anonymous National Office 1 -800.421 -0353 Tough Love 1 -800-333- 1069 10 . 3 Employees may obtain further information regarding available drug and alcohol assistance and rehabilitation programs by contacting the Emergency Services Director, or his or her designee . 11 . 0 Management's Responsibilities 11 . 1 District Officers , Managers , and Supervisors ( hereafter collectively referred to as "supervisors") are responsible for implementing the drug and alcohol free workplace Policy. It is the responsibility of supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well- being of employees or the public. 11 . 2 The Emergency Services Director, or his or her designee , is responsible for maintaining a safe work environment by determining each employee's fitness for duty . 11 . 3 In the event the Emergency Services Director, or his or her designee , has a reasonable suspicion (as defined in this Policy) that an employee may be affected by drugs or alcohol or has otherwise violated this Policy , the employee must be sent for drug testing . This testing will not take place until reasonable suspicion is determined to be present by the Director, or 9 his or her designee , and a corroborating witness . The Director, or his or her designee, shall promptly detail in writing the circumstances that formed the basis of the determination that reasonable suspicion exists to warrant the testing . A copy of this documentation shall be given to the employee prior to testing . 11 .4 In all cases when an employee is being removed from duty for drug testing , the supervisor must notify his superior. 12 . 0 Employee 's Responsibilities 12 . 1 It is each employee's responsibility to be fit for duty when reporting for work and to inform his or her supervisor if he or she is under the influence of prescription medication which may affect job performance or safety. 12 . 2 In the event an employee observes behavior which raises a doubt as to the ability of a co-worker to work in a safe and reliable manner, the employee should report this behavior to his/her supervisor. 12 . 3 Employees who voluntarily or, as a condition of continued employment, enter a drug or alcohol treatment and/or rehabilitation program must participate and complete recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment for the treatment and/or program to the extent not covered by medical insurance provided by the Employer. If the employee fails to comply with the treatment and/or program , the employee will be subject to discipline , up to and including termination of employment . 12 . 4 Reserved 13 . 0 Employee Education 13 . 1 Employees and supervisors will be required to participate in a drug -free awareness program on a periodic basis . The program will inform employees about the following : (a) The legal , social , physical , and emotional consequences of the use , misuse , and/or abuse of drugs or alcohol ; (b) The District's commitment to maintain a drug -free workplace ; (c) Available drug counseling , rehabilitation , and employee assistance programs ; (d ) Assistance in identifying personal and emotional problems which may result in the misuse of alcohol or drugs ; and 10 (e) The penalties which may be imposed by the District on employees for drug abuse violations occurring in the workplace . 14 . 0 Rights Under Collective Bargaining Agreements 14 . 1 Employees who are covered under any collective bargaining agreement between the District and any certified labor organization will have the right to file a grievance regarding discipline imposed by the District as a result of a violation of this Policy of said grievance is permitted to be filed pursuant to the collective bargaining agreement and have the right to appeal to the Public Employees Relations Commission or applicable court. 15 . 0 Testing Pursuant to the Drug -Free Workplace Policy 15 . 1 Types of Testing . In order to maintain a drug or alcohol free work environment and in accordance with Florida's Drug- Free Workplace Program , Section 440 . 101 , et seq . , Florida Statutes , as amended , and applicable administrative regulations , the District will test for the presence of drugs and/or alcohol in the following circumstances : 15 . 2 Pre-employment: All job applicants who have been offered a position of employment in a safety-sensitive or special-risk positions must submit to a drug and/or alcohol test before beginning employment or work with the District. 15 . 3 Reasonable Suspicion : Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined in this policy) will be required to submit to a drug and/or alcohol test. 15 .4 Reserved 15 . 5 Follow up : All employees who have entered an employee assistance program ( EAP) or rehabilitation program for drug and/or alcohol abuse must take drug and/or alcohol tests as identified in Section 9 . 5 . This requirement may be waived in the sole discretion of the District when an employee voluntarily enters a drug treatment program before disciplinary action has been taken . 15 . 6 Post Accident or Injury : All employees who are involved in an accident or injury to an employee which requires medical treatment occurring while at work which was caused , or contributed to , by the employee , the employee must take a drug and/or alcohol test after administration of emergency medical treatment. If it cannot be determined who was driving the District vehicle at the time of the accident , then anyone who was in the vehicle during the applicable time period will be required to submit to testing . 11 15 . 7 Random Testing for Safety-Sensitive or Special -Risk Employees : Safety-- sensitive and special-risk employees are subject to random testing such that the District will administer the same number of tests each fiscal year as there are members in the Collective Bargaining units or agreements . Random testing shall be conducted via an unbiased selection procedure , as agreed upon by the parties . 16 . 0 Consequences of Refusing a Drug Test 16 . 1 An employee who refuses to submit to a drug test will be subject to discipline , up to and including termination of employment . An employee who provides a diluted sample will be deemed to have refused to submit to the drug test. 16 . 2 A job applicant who refuses to submit to a drug test will not be hired . 17 . 0 Actions Following Positive Confirmed Test: 17 . 1 An employee who tests positive on a confirmation test will be immediately suspended without pay, and subject to discipline , up to and including termination . If the problem is correctable, the Emergency Services Director, at his discretion , may allow the employee an opportunity for rehabilitation through a last-chance agreement. Any such last-chance agreement shall include a provision for random drug testing for two (2) years from the date of the agreement, and successful completion of any treatment program recommended by a healthcare professional . The employee shall be responsible , through his insurance or otherwise , for the cost of the random testing and treatment program . Under no circumstances shall an employee be allowed to return to work prior to receiving a negative test result. 17 . 2 Refusal of a last chance agreement: If an employee is offered an opportunity to enter into a last-chance agreement and refuses to do so , the employee will be immediately terminated . 17 . 3 Treatment program requirements : Employees who have been provided with an opportunity to enter into a treatment and/or rehabilitation program as part of a last-chance agreement must meet all requirements of that program including any required aftercare . Failure to follow or complete the treatment and/or rehabilitation program or a subsequent positive confirmed drug test will result in immediate termination of employment. 17 . 4 The employee or job applicant who receives a positive confirmed test result may contest or explain the result to the Medical Review Officer ( MRO) within five (5) working days after receiving written notification of the test result. If an employee's or job applicant's explanation or challenge is unsatisfactory to the MRO , the MRO shall report a positive test result back 12 e to the employer . The drug test result may be contested pursuant to law or to rules adopted by the AHCA. 18 . 0 Reporting of Use of Medication : Employees and job applicants may confidentially report the use of prescription or non-prescription medication to the MRO through the Emergency Services Director, or his or her designee, both before and after having a drug test. 19 . 0 Notice of Common Medications : A list of the most common medications by brand name or common name , as applicable , as well as chemical name , which may alter or affect a drug test, is attached . Employees and job applicants should review this list prior to submitting to a drug test. 20 . 0 Medication Information : An employee or job applicant may consult with the Employer's MRO or the testing laboratory for technical information regarding prescription and non-prescription medication . 21 . 0 Drugs to be Tested 21 . 1 Drug testing may be required for any or all of the following drugs : I . Alcohol , including distilled spirits , wine , beer, and intoxicating liquors ; 2 . Amphetamines ; 3 , Cannabinoids ; 4 , Cocaine ; 5 . Phencyclidine ( PCP) ; 6 . Hallucinogens , as approved by the Florida Administrative Code ; 7 , Methaqualone ; 8 . Opiates ; 9 , Barbiturates ; 10 . Benzodiazepines ; 11 . Synthetic narcotics ( Methadone and Propoxyphene) ; 12 . ( Intentionally left blank) 13 . A metabolite of any of the substances listed herein . 21 . 2 Drug cut off levels — Initial Drug Test : All levels equal to or exceeding the following shall be reported as positive : Alcohol 0 . 05 gl/dl % Amphetamines 1 , 000 ng/ml Cannabinoids 50 ng/ml Cocaine 300 ng/ml Phencyclidine 25 ng/ml Methaqualone 300 ng/ml Opiates 300 ng/ml Barbiturates 300 ng/ml Benzodiazepines 300 ng/ml 13 Synthetic Narcotics Methadone 300 ng/ml Propoxyphene 300 ng/ml 21 . 3 Drug cut off levels -- Confirmation Drug Test: All levels equal to or exceeding the following shall be reported as positive : Alcohol 0 . 05 gl/dl %* Amphetamines 500 ng/ml Cannabinoids 15 ng/ml Cocaine 150 ng/ml Phencyclidine 25 ng/ml Methaqualone 150 ng/ml Opiates 300 ng/ml Barbiturates 150 ng/ml Benzodiazepines 150 ng/ml Synthetic Narcotics Methadone 150 ng/ml Propoxyphene 150 ng/ml *Testing laboratories will report all quantitative alcohol test results above 0 . 05 % to the MRO who will be responsible for reporting results to the Employer. Percent by weight of alcohol in blood is based upon grams of alcohol per 100 milliliters of blood . 22 . 0 Reasonable Suspicion Drug Testing 22 . 1 Employees will be required to submit to drug and/or alcohol testing when the Emergency Services Director, or his or her designee , has "reasonable suspicion " as defined in this Policy , to believe that an employee is using or has used drugs or alcohol in violation of this Policy. The supervisor will document the circumstances which formed his or her determination . A copy of this documentation will be given to the employee prior to testing . 23 . 0 Confidentiality and Records Maintenance 23 . 1 Confidentiality of records concerning drug testing pursuant to the Drug Free Workplace Policy will be maintained by the District in accordance with Florida law. All information , records , and drug test results in the possession of the District, laboratories , employee assistance programs ( EAP) , and drug and alcohol rehabilitation programs will be kept confidential . No such program's information or records will be released unless written consent, signed by an employee or job applicant, is provided or unless disclosure of such information or records is compelled by court order. The District may also disclose such information when relevant in any civil , disciplinary , or administrative hearing if required or 14 compelled . The District will maintain records concerning drug testing separate and apart from a job applicant or employee's personnel file . 24 . 0 Challenge of Test Results of Drug Test Under Florida Law 24 . 1 An employee or job applicant who receives a positive confirmed test result may challenge the result by requesting retesting at the employee's expense . 25 . 0 Medical Review Officer's Responsibilities for Testing Under Florida Law 25 . 1 The Medical Review Officer (MRO) shall fully comply with all of the requirements set forth in Rule 59A.24 . 008 Florida Administrative Code , as it may from time to time be amended . The MRO shall be a licensed physician who has knowledge of substance abuse disorders , laboratory testing procedures , chain of custody collection procedures , and medical use of prescription drugs and pharmacology and toxicology of illicit drugs . 15 Indian River County Emergency Services District Over-the-Counter and Prescription Drugs Which Could Alter Or Affect the Outcome of a Drug Test Alcohol All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vick' s NyQuil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold Formula Night Strength is 25 % (50 proof) , and Listerine is 26 . 9% (54 proof) . Amphetamines Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex Cannabinoids Marinol (Dronabinol, THC) Cocaine Cocaine HCL topical solution (Roxanne) Phencyclidine Not legal by prescription Methaqualone Not legal by prescription Opiates Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M- S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, etc. Barbiturates Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butabital, Phrenilin, Triad, etc. Benzodiazepines Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax Methadone Dolophine, Methadose Propoxyphene Darvocet, Darvon N, Dolene, etc . 16 Indian River County Emergency Services District List of Drugs by Trade or Common Name Drugs Trade or Common Names Narcotics Opium Dover' s Powder, Paregoric, Parepectolin Morphon Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirin Compound with Codeine, Robitussin A=C Heroin Diacetylmorphone, Horse, Smack Hydromorphine Dilaudid Meperidine (Pethidine) Demerol, Mepergan Methadone Dolophine, Methadone, Methadose Other Narcotics LRAM, Leritine, Numorphan, Percodan, Tussionex, Fentanyl, Darvon, Talwin, Lomotil Depressants Chloral Hydrate Noctec, Somnos Barbiturates Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate Benzodiazepines Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril Methaqualone Quaalude Glutethimide Doriden Other Depressants Equanil, Miltown, Noludar, Pacidyl, Valmid Stimulants Cocaine Coke, Flake, Snow, Crack Amphetamines Biphetamine, Delcobese, Desoxyn, Dexedrine, Mediatric Phenmetrazine Preludin Methylphenidate Ritalin Other Stimulants Adipex, Bacarate, Cylert, Didrex, Ionamin, Plegine, Pre- Sate, Sanorex, Tenuate, Tepanil, Voranil Hallucinogens LSD Acid, Microdot Mescaline and Peyote Mesc, Buttons, Cactus Amphetamine Variants 2 , 5 -DMA, PMA, STP, MDA, MDMA, TMA, DOM, DOB Phencyclidine PDP, Angel Dust, Hog Phencyclidine Analogs PCE, PCP, TCP Other Hallucinogens Bufotenine, Ibogaine, DMT, DET, Psilocybin 17 Y y.. Y Cannabis Marijuana Pot, Acapulco Gold, Grass, Reefer, Sinsemilla, Thai Sticks Tetrahydrocannabinol THC Hashish Hash Hashish Oil Hash Oil Definitions 1 . Alcohol means ethyl alcohol (ethanol) and includes a distilled spirit, wine, a malt beverage or an intoxicating liquor. For purposes of this policy, alcohol is considered to be a drug. Thus, any reference to drugs and/or drug testing includes alcohol and/or alcohol testing. 2 . Drugs means alcohol, an amphetamine, a cannabinoid, cocaine, phencyclidine (PCP), a hallucinogen (as earlier identified in Section 21 . 1 ), methaqualone, an opiate, a barbiturate, a benzodiazepine, a synthetic narcotic, or a metabolite of any of the substances listed in this policy. An employer may test an individual for any or all of such drugs. 3 . Job Applicant means a person who has applied for a special-risk or safety-sensitive position with the Employer. 4 . Employee means an individual who works for the Employer on a full-time or part-time basis and receives salary, wages, or compensation. 5 . Drug Test. a. "Drug test" means any chemical, biological, or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services (HHS) or licensed by the Agency for Health Care Administration (AHCA), for the purpose of determining the presence or absence of a drug or its metabolites. b. Drug testing may require the collection of blood, urine, breath, or saliva of an employee or job applicant. The Employer has the right to use more accurate, scientifically accepted methods which may be approved in the future by the FDA or AHCA as such technology becomes available in a cost-effective method. C , "Initial drug test" means a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens, using an immunoassay procedure or an equivalent, or a more accurate scientifically accepted method approved by the FDA or AHCA as such more accurate technology becomes available in a cost-effective form. d. "Chain of custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing accountability at each stage in handling, testing, and storing specimens and reporting test results. 18 e. "Confirmation test" means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. 6. Positive Confirmed Test or Confirmation Test means a second analytical procedure which confirms a positive result from an initial drug test in accordance with with the Florida Drug-Free Workplace . 7, Medical Review Officer (MRO) means a licensed physician who has knowledge of substance abuse disorders, laboratory testing procedures and chain of custody collection procedures, who is responsible for receiving and reviewing all positive confirmed test results, and who is responsible for contacting all individuals who tested positive in a confirmation test to inquire about possible medications which could have caused a positive result in accordance with Rule 59A.24. 008 , FAC , 8 . Prescription or Non-Prescription Medication means a medication obtained pursuant to a prescription as defined by Section 893 . 02, FS , or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments or injuries. 9 . Reasonable Suspicion Drug Testing means drug testing based on a belief that an employee is using or has used drugs in violation of this policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. C, A report of drug use, provided by a reliable and credible source. d. Evidence that an individual has tampered with drug test during his employment with the current employer. e . Information that an employee has caused, or contributed to, an accident while at work. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer' s premises or while operating the employer' s vehicle, machinery, or equipment. 10 . Safety-Sensitive Position means, with respect to a public employer, a position in which a drug impairment constitutes an immediate and direct threat to public health or safety, such as a position that requires the employee to carry a firearm, perform life-threatening procedures, work with confidential information or documents pertaining to criminal investigations, or work with controlled substances ; a position subject to s . 110. 1127 ; or a position in which a momentary lapse in attention could result in injury or death to another person, such as driving a vehicle or operating equipment or heavy machinery. 19 r o 11 . Special-Risk Position means, with respect to a public employer, a position that is required to be filled by a person who is certified under Chapter 633 or Chapter 943 . 12 . Specimen means urine, blood or saliva, or a product of the human body capable of revealing the presence of drugs or their metabolites, as approved by the FDA or the ARCA. 13 . Emergency Services Director' s designee means the Fire or EMS Chief is designated to act on behalf of the Emergency Services Director as relates to the Drug-Free Workplace Program, to the extent authorized by the Director. EMS Batt Chief Drug-free Workplace Policy 20