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FIRE CONTRACT
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
INDIAN RIVER COUNTY
FIREFIGHTERS/PARAMEDICS ASSOCIATION,
LOCAL 2201, I.A.F.F.
AND
INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT
OCTOBER 1, 2007 - SEPTEMBER 30, 2008
TABLE OF CONTENTS
i
Page
ARTICLE1
AGREEMENT.............................................................................................1
ARTICLE 2
RECOGNITION..........................................................................................2
ARTICLE 3
MAINTENANCE OF STANDARDS.........................................................3
ARTICLE 4
CONTRACT APPLICATION.....................................................................4
ARTICLE 5
SEPARABILITY.........................................................................................5
ARTICLE6
UNION ACTIVITY.................................................................................6-7
ARTICLE 7
PAYROLL DEDUCTION OF DUES..........................................................8
ARTICLE 8
BULLETIN BOARDS.................................................................................9
ARTICLE 9
RULES AND REGULATIONS..........................................................10-11
ARTICLE 10
MANAGEMENT RIGHTS.................................................................
12-13
ARTICLE 11
NO STRIKE CLAUSE........................................................................14-15
ARTICLE 12
GRIEVANCE PROCEDURE..............................................................
16-18
ARTICLE 13
ARBITRATION...................................................................................
19-20
ARTICLE 14
UNIFORMS AND EQUIPMENT.......................................................
21-22
ARTICLE 15
SAFETY AND HEALTH....................................................................
23-24
ARTICLE16
HOURS................................................................................................25-26
ARTICLE17
STAFFING.................................................................................................27
ARTICLE 18
VACANCIES AND PROMOTIONS ..................................................
28-31
ARTICLE 19
SHIFT EXCHANGE..................................................................................32
ARTICLE 20
SUBSTITUTE EMPLOYMENT...............................................................33
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TABLE OF CONTENTS (CONTINUED)
0M
ARTICLE
21
WORKING OUT OF CLASSIFICATION................................................34
ARTICLE22
TRANSFERS.............................................................................................35
ARTICLE
23
PERSONNEL REDUCTION....................................................................36
ARTICLE
24
BEREAVEMENT LEAVE........................................................................37
ARTICLE25
HOLIDAYS...............................................................................................38
ARTICLE
26
MEDICAL LEAVE AND DISABILITY LEAVE ...............................
39-43
ARTICLE
27
INSURANCE BENEFITS.........................................................................44
ARTICLE28
ANNUAL LEAVE...............................................................................
45-46
ARTICLE
29
LEAVE OF ABSENCE WITHOUT PAY.................................................47
ARTICLE
30
OVERTIME, STANDBY AND COURT DUTY ................................
48-51
ARTICLE
31
CALL -OUT AND PREARRANGED OVERTIME ............................
52-53
ARTICLE
32
MILEAGE ALLOWANCE........................................................................54
ARTICLE
33
INCENTIVE PAY..............................................................................
55-56
ARTICLE34
SALARIES...........................................................................................
57-58
ARTICLE35
DOCUMENTS..........................................................................................
59
ARTICLE
36
EQUAL EMPLOYMENT POLICIES.......................................................60
ARTICLE
37
DURATION AND RENEWAL.................................................................61
SIGNATUREPAGE
......................................................................................................................62
ATTACHMENT
A -
DRUG FREE WORKPLACE...............................................................
63-78
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ARTICLE 1
AGREEMENT
1.01 This agreement is entered into between the Indian River County Emergency Services
District, hereinafter referred to as the Employer, the County, the Fire District, the District, the
Fire Department or the Department; and the Indian River County Firefighters/Paramedics
Association, Local 2201, LA.F.F., hereinafter referred to as the bargaining unit or Union.
1.02 The parties realize that Indian River County has the responsibility of administering the
Emergency Services District.
1.03 Whenever an action is required to be performed by any particular person, by virtue of that
person's office, that action may be performed by a properly authorized deputy or designee.
1.04 Whenever the words "he", "him", or "his" are used the words shall be interpreted as
including the words "she", "her", or "hers".
ARTICLE 2
RECOGNITION
2.01 Pursuant to Chapter 447, Florida Statutes, the County recognizes the Union as the exclusive
bargaining agent for all employees of the County in the following classifications: Firefighter
Trainee, Firefighter, Firefighter EMT, Driver/Engineer, Inspector, Training Officer, Fire
Investigator, Lieutenant, Captain, Captain Fire -Medic, EMS Field Supervisor, Lieutenant
Fire -Medic, Engineer Fire -Medic, Senior Fire -Medic, Lead Fire -Medic, Fire -Medic,
Paramedic I, Paramedic II, Captain Fire Investigator -Medic, Captain Fire Inspector -Medic,
Lieutenant Fire Inspector -Medic, Fire Inspector -Medic, Fire Rescue Training & Safety
Captain, EMS QA & Training Captain, Fire Captain, Fire Lieutenant, and Captain Fire
Investigator.
2.02 The Union and the County reserves the right to file with P.E.R.C. for a clarification of the
bargaining unit at any time.
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ARTICLE 3
MAINTENANCE OF STANDARDS
3.01 The employer will not unilaterally change, except as allowed herein or by the Florida Public
Employees Relations Act, employees' wages, hours, or working conditions established by
this agreement or working conditions known to management which existed prior to this
agreement.
3.02 Article 3.01 notwithstanding, the provisions of this Agreement and/or pre-existing working
conditions, other than monetary provisions, may be temporarily suspended in response to the
formal declaration of a federal, state or local emergency or natural disaster.
ARTICLE 4
CONTRACT APPLICATION
4.01 This contract and its interpretation, application, enforcement, and performance shall in all
respects be governed by the laws of the State of Florida, ordinances and resolutions of the
District and the Department of Emergency Services regulations.
ARTICLE 5
SEPARABILITY
5.01 The parties hereto agree that should any article, section or paragraph of this agreement be
declared by a court of competent and final jurisdiction in the premises to be unlawful,
invalid, ineffective or unenforceable, said article, section or paragraph shall not affect the
validity and enforceability of any other article, section or paragraph hereof, and the remainder
of this agreement shall remain in full force and effect. In the event any article, section or
paragraph of the agreement is lawfully declared invalid, the Employer and the Union shall
meet immediately to negotiate a replacement article.
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ARTICLE 6
UNION ACTIVITY
6.01 The Employer and the Union acknowledge that the right of employees to work shall not be
deprived or abridged on account of membership, non -membership, participation, or non -
participation in any Union or organization.
6.02 The Union President or Secretary, or alternate, shall be allowed up to three (3) weeks time
off to attend a union seminar, conference or convention. The time off shall be without pay
and shall be considered leave of absence unless a standby arrangement has been provided.
6.03 The Fair Chairman or designee shall be allowed up to fourteen (14) calendar days off during
the Fire Fighters' County Fair. Such time off shall be authorized at the discretion of the Fire
Chief. The time off shall be without pay and shall be considered leave of absence unless a
standby arrangement has been provided. Such leave will be considered as time worked for
the purpose of seniority accrual and other fringe benefits.
6.04 Up to three (3) members of the Union's Negotiations Team shall be allowed time off with
pay, but without overtime, for all scheduled bargaining meetings between the Union and the
Employer. The Union President will advise the County of the designated negotiating team by
February 1 of the year the contract expires. Such time off will only be allowed when
working hours of the Employee conflict with bargaining unit negotiations.
6.05 By mutual agreement of the Employer and the Union, there is hereby established a Joint
Labor -Management Committee, which shall consist of not more than two (2) members
designated by the Union and two (2) members designated by the Fire Chief. The Union
Committee membership shall consist of persons from within the position classification
covered by this agreement, and the management membership shall consist of persons within
the Department, but outside the bargaining unit as herein defined. Nothing herein requires
the attendance of the Director of Emergency Services at any Labor -Management Committee
meeting.
6.06 This Labor -Management Committee shall meet if mutually agreed to by both parties, and
such meetings may be held during working hours as scheduled by the Fire Chief.
6.07 The purpose of these meetings will be to discuss the problems and objectives of mutual
concern, but in no way shall involve specific grievances filed or contemplated or matters
which have been the subject of current collective bargaining issues between the parties.
6.08 An agenda, listing the items for discussion, will be forwarded by the parry requesting such
meeting to the other parry no later than three (3) days prior to the meeting.
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ARTICLE 7
PAYROLL DEDUCTION OF DUES
7.01 The Employer agrees to deduct the prescribed dues and assessments from earnings of those
employees who have signed individual notarized authorization cards for deduction of said
dues and assessments. Said authorization cards shall be periodically certified to be current
by the Union. The Employer shall remit said collections monthly to the duly designated
officer of the Union.
7.02 The Union shall indemnify, exonerate, and save harmless the Employer from any claims
and/or judgments against the Employer and/or Union based upon any check -off of union
dues, fees, or assessments. The Employer shall give written notice to the Union by registered
mail addressed to the President of the local of any claim, action, suit, or proceeding brought
by an employee, person, firm, or corporation against the Employer based in whole or in part
on any check -off of union dues, fees or assessments. The Union shall defend the said claim,
action, suit, or proceeding at its own cost and without expense to the Employer, even if such
claim, suit, action, or proceeding is false, groundless, or fraudulent.
7.03 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 beginning with the month in
which such change in employee status occurs.
7.04 The Employer shall not be required to collect union dues in arrears. Any change in dues
made by the Union will become effective after a thirty (30) day written notice by the Union
to the Employer.
7.05 The Employer shall have the right to withhold any or all amounts collected under this article
of the contract to satisfy any amounts owing to the Employer by the Union for violation of
this agreement, as determined by a court, arbitrator, or other entity of competent jurisdiction.
ARTICLE 8
BULLETIN BOARDS
8.01 The Union may have a bulletin board in each Emergency Services station for the posting of
notices.
8.02 All materials placed upon the bulletin board by the Union will be on official IAFF letterhead
and signed by the
Union President
or his
designee. The
Emergency Services
Director or his
designee shall be
furnished with a
copy
of any material
to be posted prior to
posting.
8.03 Under no circumstances shall the Union post any notice containing material of a political
nature or material tending to directly or indirectly disparage or demean the County or any of
its elected or appointed officials or employees.
8.04 Material placed upon the bulletin board which fails to comply with, or violates, the foregoing
may be immediately removed by the County, and the employee who placed the material may
be subject to disciplinary action.
ARTICLE 9
RULES AND REGULATIONS
9.01 Employees shall observe the District Personnel Rules and Regulations and Standard
Operating Procedures and amendments thereto, except that the disciplinary action appeals
procedures contained in Sections 18.04 C (2)-(4) and 18.05, third paragraph forward, of the
District Personnel Rules and Regulations shall not apply to bargaining unit employees.
Failure of employees to comply with these rules and procedures may result in disciplinary
actions pursuant to the above cited rules and regulations.
9.02 The Employer has the right to reprimand, discharge or otherwise discipline employees for
just cause.
9.03 Should the Employer exercise its right to amend or modify the Department Personnel Rules
and Regulations or Standard Operating Procedures, a courtesy copy of any such new (or
amended) rule, regulation, policy, or procedure shall be mailed or delivered to the Union at
least ten (10) business days prior to implementation. Nothing herein shall restrict the
Employer from implementing any new (or amended) rule, regulation, policy, or procedure
prior to the expiration of ten (10) business days if operational necessity requires such earlier
implementation. The union shall have the right to bargain over the negotiable impacts of the
exercise of the employer's rights prior to implementation in accordance with applicable law.
9.04 It shall be the Employer's and Union's duty to see that all bargaining unit members are issued
a current set of the applicable Rules and Regulations and Standard Operating Procedures and
future amendments. Copies of additional sets will be at the expense of the employee
requesting them.
9.05 Bargaining unit employees shall immediately notify the Emergency Services Director when
an information has been filed by a prosecuting official against him/her, when indicted by a
Grand Jury, or when arrested, for any offense or violation of law. The Emergency Services
Director shall determine if it is in the best interests of the County to:
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1) Retain the employee in his/her regular position; and/or
2) Assign the employee to other duties or another position until such time as any
charges are disposed of by trial, acquittal, dismissal, conviction, or other
judicial action; and/or
3) Place the employee on leave without pay until such time as any charges are
disposed of by trial, acquittal, dismissal, conviction, or other judicial action;
and/or
4) Initiate disciplinary action up to and including termination.
In the event that the employee is retained pending the resolution of the charges, and
pleads nolo contendere or guilty, or is found guilty of any job related offense or any offense
that would adversely impact the County or the employment status of the employee, or which
would cause the County to be held in disrepute, the employee shall be terminated from
employment.
In the event that the employee is retained pending the resolution of the charges and is
acquitted of all charges, or the indictment is dismissed, the Emergency Services Director
shall retain the option to initiate or continue an investigation of possible administrative
violations in accordance with established policy or practice.
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ARTICLE 10
MANAGEMENT RIGHTS
10.1 Except as specifically restricted by the provisions ofthis Agreement, the County reserves and
retains all rights, powers, prerogatives and authority customarily exercised by Management.
10.2 Except as specifically restricted by the provisions of this Agreement, the County has the sole
and exclusive right
to manage
and
direct any and all
of its operations.
Accordingly,
the
County specifically,
but not by
way
of limitation, reserves the sole and
exclusive right
to:
A. Exercise complete and unhampered control to manage, direct, and totally
supervise all employees of the County;
B. Decide the scope of service to be performed, the method of service, and the
assignment of work;
C. Determine the size and composition of the workforce;
D. Determine the services to be provided to the public, and the maintenance
procedures, materials, facilities, and equipment to be used, and introduce new
or improved services, maintenance procedures, materials, facilities, and
equipment;
E. Hire and/or otherwise determine the criteria and standards of selection for
employment;
F. Determine the number, classification, grade, and types of positions;
G. Fire, demote, suspend, or otherwise discipline bargaining unit employees; set
minimum performance standards for service to be offered to the public, and
set procedures and standards to evaluate the employees' job performance;
H. Change, modify or alter the composition and size of the workforce, including
the right to relieve employees from duty due to lack of work or lack of
funding or any other business and/or operational reason, and recall
employees;
I. Determine the allocation and content of job classifications (including
qualifications and certifications) and determine all training parameters for all
bargaining unit positions, including persons to be trained and extent and
frequency of training;
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J. Determine whether and to what extent the work required in its operation shall
be performed by employees covered hereunder;
K. Modify operations, duties, tasks, and/or responsibilities, temporarily or
permanently, in whole or in part, due to operational requirements; determine
the number, location, and operation of all divisions and all other
organizational units;
L. Establish,
amend,
revise and implement any
program,
policy and/or
procedure,
provided
that such are not contrary to
applicable
law;
M. Merge, consolidate, expand, curtail, transfer, or discontinue operations,
temporarily or permanently, in whole or in part, whenever in the County's
discretion business and/or operational reasons make such curtailment or
discontinuance advisable;
N. Contract and/or subcontract any existing or future work;
O. Create, expand, reduce, alter, combine, assign, or cease any job;
P. Control the use of equipment and property of the County and determine the
number and classification of employees assigned to any shift, station, or piece
of equipment;
Q. Exercise such other management rights as set forth in Chapter 447, Florida
Statutes, and/or as determined by the state or local Public Employees
Relations Commission or the courts.
10.3 The above rights of the County are not all-inclusive but indicate the type of matters or rights
which belong to and are inherent in the County in its general capacity as management. Any
of the rights, powers, and authority that the County had prior to entering into this Collective
Bargaining Agreement are retained by the County unless otherwise restricted by a specific
provision of this Agreement. If the County fails to exercise any one or more of the above
functions from time to time, this will not be deemed a waiver of the County's right to
exercise any or all of such functions. Past practices of the District or Department relating to
operations shall not be considered for the purpose of the specific and express limitations on
management which are contained in this Agreement.
10.4 Nothing herein shall be deemed a waiver of the Union's right to impact bargain if, and to
the extent, such right exists under applicable law.
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ARTICLE 11
NO STRIKE CLAUSE
11.01 The Union agrees that there shall be no strike or strikes, slowdowns, or work stoppage,
picketing in furtherance of any work stoppage, any cessation of work of any kind or degree,
curtailment of work, or restriction of performance of duties, or any other interference or
stoppage, total or partial, for any reason, which may include but not be limited to alleged
violations of this agreement by the Employer. The Union will not authorize, approve,
finance, aid, or condone any strike, work stoppage or picketing in furtherance of any work
stoppage, by its members or employees it represents on employer or customer facilities or
premises in respect to any controversy, disputes or grievances, and the Union will take
immediate steps to end any work stoppages, strikes, slowdowns, or suspensions of work.
11.02 This article shall apply whether the particular matter arises from or outside of this contract.
The application of the article shall not be governed or condoned either in whole or in part
with the basis of the strike, work stoppage, slowdown, etc. or whether it may be arbitrated or
not.
11.03 In case of violation of this article by an employee acting in the Union's behalf, the Employer
shall have the right to:
A. Discharge not only the instigators of the strike, but the participants as well, or
any of them, at the discretion of the Employer. Allowing employees to work
or return to work shall not be considered condonation of their activity in
violation of the article.
B. Refuse to bargain until the violation(s) cease.
C. Obtain an injunction in the State Court restraining the employees and/or the
Union from striking and work stoppage, picketing in furtherance of any work
stoppage, or any other violation of this article without removal of the
complaint to Federal Court; or
14
D. Hold the Union liable for damages resulting here from, including the costs of
suits, attorney's fees for litigation and negotiations, settlements, security
costs, and other costs directly or indirectly attributable to such violation as
determined by the P.E.R.C., Circuit or District Court, in determining the
amount of damages to be awarded, if any, the Commission or trier of fact
shall take into consideration any action or inaction by the public employer
that provoked or tended to provoke the strike by the public employees.
11.04 It is further agreed that the providing of fire protection services by the Employer is extremely
vital to the health, welfare, and safety of the citizens of the District and any interference with
such services is in violation of this article and would constitute a threat of imminent danger
to said citizens and possible irreparable harm. The parties agree that should the Union, its
members, persons acting in the Union's behalf, agents, employees, representatives, or officers
acting in the Union's behalf violate this article not to strike, which would also violate the
Constitution of the State of Florida and the Florida Statutes, or picket in furtherance of a
work stoppage or violate this clause in any other manner, and said action would cause the
District irreparable injury or damage, and the Employer shall have the right to seek injunctive
relief pursuant to Chapter 447, Florida Statutes.
11.05 Employees who refuse to perform the regular duties of their job because of strike, boycott, or
picket line in furtherance of any work stoppage, upon the Employer's premises, or at any
other place, shall be in violation of this article and subject to layoff or discharge at the
discretion of the Employer. Such action shall be a violation of this article, regardless of
which labor organization is conducting the strike, work stoppage, picketing or labor dispute.
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ARTICLE 12
GRIEVANCE
GRIEVANCE PROCEDURE
12.01 A "grievance" is a claimed violation of this agreement, including but not limited to the claim
that a discharge or other disciplinary action violated a specific provision of this agreement.
No grievance will or need be entertained or processed unless presented in the manner
described herein, and unless filed in a manner provided herein within the time limit
prescribed herein. A grievance may be filed by a bargaining unit employee or by the union.
In either case, the procedure to be followed will be the same. Grievances regarding
disciplinary actions shall be initially filed at Step 2. The grievant and management may
mutually agree to waive any step.
12.02 Rules of Grievance Processing — It is agreed that:
A. The time limit at any stage of the grievance procedure may be extended by
written mutual agreement of the parties involved in that step.
B. A grievance presented at Step 1 and above shall be dated and signed by the
grievant. A decision rendered shall be written to the grievant, with a copy to
the union if it is not the grievant, and shall be dated and signed by the
County's representative at that step.
C. When a written grievance is presented, the County's representative shall
return a dated and signed copy of it at that particular step.
D. A grievance not advanced to the higher step within the time limit provided
herein shall be deemed permanently withdrawn and as having been settled on
the basis of the County's decision most recently given. Failure on the part of
the County's representative to answer within the time limit set forth in any
step will entitle the grievant to proceed to the next step.
M
E. A written grievance must set forth the following:
1. A complete statement of the grievance and the facts upon which it is
based;
2. The section or sections of this agreement claimed to have been violated;
and
3. The remedy or correction requested.
F. The Union will be notified of any grievances filed by its bargaining unit
employees.
In
the settlement
of any grievance resulting
in retroactive adjustment, such adjustment shall
be
limited to ten
calendar days prior to the
date of the filing of the grievance.
Bargaining unit employees cannot use the District's or County's grievance or appeal
procedures for any claims falling within the definition of a grievance herein.
STEPS FOR GRIEVANCE PROCESSING
If a grievance arises, the grievant must meet with and discuss the grievance with the Battalion Chief
in charge of the shift within ten working days of the event giving rise to the grievance. In the event
the issue in dispute cannot be resolved between the supervisor and the grievant, the grievance shall
be presented in writing by the grievant at Step 1 of the grievance procedure within five working days
from the date of the supervisory meeting. Such written grievance must indicate that the matter had
been reviewed with the immediate supervisor.
Step 1: The grievant shall present the written grievance to the Assistant Chief. The Assistant Chief
shall meet with the grievant, which a union steward or a union representative may
accompany if the union is not the grievant. The Assistant Chief shall reach a decision and
communicate it in writing to the grievant with a copy to the union if it is not the grievant
within ten working days from the date the grievance was presented to him. If the grievance
is not satisfactorily resolved, the grievant may forward the grievance to Step 2.
17
Step 2: The grievant shall present the written grievance within five working days from the date of
the decision at Step 1 to the Emergency Services Director. The Emergency Services
Director shall meet with the grievant, which a union steward or a union representative may
accompany if the union is not the grievant. The Emergency Services Director shall reach a
decision and communicate it in writing to the grievant with a copy to the union if it is not
the grievant within ten working days from the date the grievance was presented to him. If
the grievance is not satisfactorily resolved, the grievant may forward the grievance to Step
3.
Step 3: The grievant shall present the written grievance within five working days from the date of
the decision at Step 2 to the County Administrator or his designee. The County
Administrator (or his designee who is authorized to resolve the issue) shall meet with the
grievant, which a union steward or a union representative may accompany if the union is
not the grievant. The County Administrator shall reach a decision and communicate it in
writing to the grievant with a copy to the union if it is not the grievant within ten working
days from the date the grievance was presented to him. If the grievance is not
satisfactorily resolved, the grievant may forward the grievance to arbitration.
iE
ARTICLE 13
ARBITRATION
13.01 In the event that the grievance is not settled at Step 3 within the time allowed, it may then be
submitted to arbitration. Submission to arbitration must be made within ten days of the time
that the Step 3 decision was rendered; provided, however, this period may be extended upon
the mutual agreement of both parties. If the parties fail to agree to the appointment of an
arbitrator, the parry requesting arbitration shall apply to the Federal Mediation and
Conciliation Service for a list of seven arbitrators who reside in Florida. The party
requesting arbitration shall strike the first name from the list, and the parties shall thereafter
alternate in the striking of names. The party requesting arbitration shall notify the last
remaining person on the list of his/her selection as the arbitrator in the case. Hearings before
the arbitrator shall be conducted in accordance with the rules of the Federal Mediation and
Conciliation Service. Testimony shall be given under oath.
13.02 As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct a
hearing between the parties and consider the grievance. The decision of the arbitrator will be
served upon the union and the County in writing. It shall be the obligation of the arbitrator to
make a best effort to rule within 30 calendar days after the hearing and receipt of post -
hearing briefs. The expenses of the arbitration, including the fee and expense of the
arbitrator, shall be paid by the losing party. Any party desiring a transcript of the hearing
shall bear the cost of such transcript unless the parties mutually agree to share the cost. Each
party shall bear the expense of its own witnesses and of its own representatives for purposes
of the arbitration hearing. The arbitrator's decision shall be final and binding on the parties
subject to any review allowed by law.
13.03 The arbitrator will be confined to the written grievance presented in Step 1 of the procedure.
Additionally the arbitrator shall have no authority to change, amend, add to, subtract from, or
otherwise alter or supplement this agreement. The arbitrator shall have no authority to
consider or rule upon any matter which is not subject to arbitration or which is not a
grievance as defined in this agreement; and may not interpret this agreement in a manner
19
inconsistent with the County's management rights. This Agreement may not be construed by
the arbitrator to supersede applicable state or federal laws, except to the extent as specifically
provided herein.
13.04 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the
question that is presented, which question must be actual and existing. In any arbitration
decision resulting in a retroactive adjustment, such adjustment shall be limited to ten
calendar days prior to the date of the filing of the grievance. In any arbitration decision
resulting in back pay to an aggrieved employee, such back pay shall be offset by interim
earnings, including unemployment compensation.
13.05 The Union and only the Union shall have the exclusive right to proceed to arbitration on
behalf of the bargaining unit members.
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ARTICLE 14
UNIFORMS AND EQUIPMENT
14.01 The Employer will allot sufficient funds per employee per year for trousers (style to be
determined by management), shirts, t -shirts, short -sleeve and long -sleeve polo shirts, shoes,
hats, windbreakers, winter jackets, jumpsuits, cap, badge and name plate. The Employer also
will provide protective clothing and devices; bunker coat and bunker pants made of Nomex
or similar material, boots, helmets, shatter -resistant face shield, gloves, safety glasses for
welding and metal cutting, and any other safety equipment deemed necessary by
management.
14.02 Uniforms and protective clothing shall be worn, and devices used, in accordance with
District rules and this Agreement. The aforementioned items shall be replaced upon being
lost, or becoming worn or damaged as determined by management. All items to be replaced
must be returned to the Department before new items will be issued. Employees shall be
responsible for the replacement cost for any lost items, or items damaged through the
employee's negligence. Whenever practical, replacement will be made on the said
employee's scheduled shift.
14.03 The Employer will
provide
bed linens,
consisting of pillow cases, fitted sheets and flat
sheets. Such linens
shall be
replaced on
an annual basis.
14.04 For Fire/Rescue personnel, the following station/work uniform policy will apply:
A. Class A
dress shirts will be worn
to and from work as well as any
planned
out -of -station activity, i.e., in-service inspections, public assembly,
running
errands,
or when station tours are
scheduled.
B. Light gray polo shirts (poly/cotton blend) will be wom around the station
during vehicle and equipment checks, in -station projects, cleaning, and also
on emergency calls that arise during the duty day.
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C. Department T-shirts will be worn during any physical fitness training or
training requiring physical exertion.
D. When necessary, the station officer will have the discretion to alter the
application of Sections A, B, and C above for unusual circumstances or
occasion, and only for the duration of such circumstances or occasion.
14.05 The District agrees to reimburse the full cost for eye glasses and contact lenses not to exceed
Two Hundred Dollars ($200.00) and up to One Hundred Dollars ($100.00) for wrist watches,
damaged in the line of duty, provided that the damage was not caused by negligence, and that
adequate proof of such damage, the circumstances of the event, and proof of original
purchase price are presented to the appropriate supervisor and approved by the Fire Chief.
14.06 The Employer shall provide and maintain a heavy-duty washer for the purpose of laundering
turnout gear three stations.
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ARTICLE 15
SAFETY AND HEALTH
15.01 The County and the Union agree to cooperate to the fullest extent in the promotion of safe
work practices as outlined by policies and procedures set forth by the Indian River County
Administration and the Emergency Services Personnel Rules and Regulations.
15.02 The County agrees to provide safety equipment. The County agrees to continue maintaining
maintenance logs and other records and to perform tests to ensure that presently used
vehicles are operationally safe.
15.03 A workplace safety committee comprising of two union representatives and two county
representatives will meet quarterly and conduct its affairs in accordance with Florida Statute
633.810, its implementing regulations, and/or any amendments. The workplace safety
committee may also meet upon mutual agreement or in the event of an employee death or
injury in the line of duty. Nothing in this article shall preclude the County's Human
Resources Director, Risk Manager or designees from attending the Safety Committee
meetings.
15.04 The County agrees to comply with Section 112.18, Florida Statutes (Special provisions
relative to disability) and Section 112.181, Florida Statutes (1997) (special provisions
relative to certain communicable diseases).
15.05 The Union and the County agree to the concept of a smoke-free fire service, as supported by
the Professional Firefighters of Florida. Towards that end there shall be no smoking or use
of tobacco products allowed in any area of the fire stations and/or vehicles. Additionally, all
bargaining unit employees hired after October 1, 2000, shall abstain, both on and off duty,
from the use of tobacco products.
15.06 The Employer and the Union agree to adhere to the Emergency Medical Services protocol as
set forth by the medical director.
23
15.07 The County shall provide immunizations for all employees who want to be immunized as
follows: Flu, Tetanus (every ten (10) years), and Hepatitis - (Type A and B) (every five (5)
years). Immunizations shall be provided in September, if available. The County shall
provide testing for tuberculosis each year, and Hepatitis C once as a baseline and after each
potential exposure.
15.08 The Employer agrees to provide as a minimum an annual physical for each employee. This
physical shall include the same testing as is done for newly -hired employees, except that
chest x-rays need not be given more than every three (3) years. The results of the physical
shall be provided to the employee, Medical Director, Emergency Services Director, Assistant
Chief, and Human Resources Director, but shall otherwise be confidential to the extent
permitted by law.
15.09 The County and the Union agree to the Drug -Free Workplace Program attached as
Attachment A.
24
ARTICLE 16
HOURS
16.01 A. Non -shift employees shall normally be assigned to a 37 %z hour work week
and shall be paid time -and -one-half for all hours worked in excess of 40
hours in their work week. Shift employees shall be assigned to a schedule of
24 hours on duty followed by 48 hours off duty, and shall be paid time -and -
one -half for all hours worked in excess of 212 hours in their 28 -day FLSA
work period. Overtime shall be calculated in accordance with current
practice.
B. Non -fire certified ALS shift
employees shall be
assigned
to a schedule of 24
hours on duty followed by 48 hours off duty, and
shall be paid time and one
half for all hours worked in
excess of 40 hours
in their 7
day work period.
C. As non -firefighter certified ALS employees become firefighter certified, they
will be placed on the 28 -day FLSA work period in accordance with 16.01 A.
and their pay will be converted to the appropriate pay scale in Article 34,
effective the first day of the next 28 -day cycle. If the employee starts
working as a dual certified employee prior to the next 28 -day cycle, then the
County will pay them $25. Additionally, those employees will be eligible for
"Kelly Days" as outlined in 16.02. The Kelly Day may be authorized during
the cycle at the time of promotion at the discretion of management. If the
Department is unable to authorize the Kelly day, the employee will receive 12
hours of leave placed in their vacation bank.
16.02 All FLSA 207(k) exempt shift employees will be granted three (3) "Kelly Days" to be
scheduled in such a way that one (1) "Kelly Day" is allowed each four (4) months of
the fiscal year. Such time off shall be scheduled.
25
16.03 Overtime payment shall be made in the first paycheck after the conclusion of the 28 -
day cycle for shift employees.
16.04 The parties recognize that the employees covered by this agreement are essential to
the successful operations of County facilities and services during a declared
emergency. As such, the parties agree that as a condition of these employees'
employment with Indian River County, they must be available and able to report to
work and perform assigned duties as directed by management during a declared
emergency. The failure to report to work and/or perform assigned duties as directed
by management during a declared emergency will be cause for termination of
employment with Indian River County. The Emergency Services Director or his
designee may allow exceptions to this requirement for extraordinary circumstances at
his discretion.
16.05 The County shall indemnify, exonerate, and save harmless the Union from any claims
and/or judgments against the Employer and/or Union based upon the application of
the FLSA 207(k) exemption. The Employer shall give written notice to the Union by
registered mail addressed to the President of the local of any claim, action, suit, or
proceeding brought by an employee, person, firm, or corporation against the
Employer based in whole or in part based upon the application of the FLSA 207(k)
exemption. The County shall defend the said claim, action, suit, or proceeding
against the County or against the Union at its own cost and without expense to the
Union.
w
ARTICLE 17
STAFFING
17.01 The Employer will maintain what it determines to be a safe and effective number of
personnel at each station
and sub -station
during each shift.
The Employer agrees with the
Union that having three
firefighters on
an engine would
be preferable to having two
firefighters on an engine.
The Employer will consider this fact when setting staffing levels.
The Employer also agrees that no station
will be reduced to
under what it determines to be
minimum staffing for more than four (4)
hours per shift.
17.02 Asa general
rule, six (6) employees
per
shift
maybe
granted leave and one (1)
employee per
shift may be
granted a Kelly day by
the
Fire
Chief
Any additional employee
leave may be
granted only with special approval of the Fire Chief and the Director.
17.03 There shall be
no fewer than two
(2) E.M.T.s
per shift assigned to
each station.
There will be
no fewer than
one (1) Certified
E.M.T.
on duty at all time, per
station, per
shift, and per
apparatus (except brush trucks).
27
ARTICLE 18
VACANCIES AND PROMOTIONS
18.01 The decision whether or not to fill a bargaining unit vacancy shall be within the sole
discretion of the Emergency Services Director. Should the Director decide to fill the
vacancy, the filling of the vacancy shall be in accordance with the District Personnel Rules
and Regulations, except as modified herein.
18.02 The Promotion Board shall be composed of the Assistant Chief, three (3) Battalion Chiefs,
three (3) Captains, and one (1) member of the Union or his designee who will be elected by
the bargaining unit. The Promotion Board shall rank the candidates, and forward the top
three ranked candidates to the Emergency Services Director, based upon the following
factors: job performance, examination scores, working out of classification, disciplinary
record, college degrees, educational courses, training, certification, and years of service. The
rankings shall be determined based upon a point system formulated in Article/Section 18.07.
The Emergency Services Director shall select from the top three candidates the individual he
believes, in his discretion, is most qualified for the position.
18.03 Each employee covered hereunder shall annually receive a written evaluation assessing his
performance of the essential functions of the employee's job. The appraisal form shall be
developed by the Employer and the Union.
18.04 Newly hired employees shall serve an initial probationary period of one year. Newly hired
probationary employees may be dismissed at any time at the 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.
18.05 Employees who are promoted shall serve a promotion trial period of six months. If an
employee who is serving a trial period incurred as a result of a promotion is found to be
unqualified to perform the duties of the higher position, a good faith effort will be made to
W1
return the employee to the position and status held immediately prior to the promotion. If the
employee's former position is filled, the employee may be transferred to a vacant position for
which the employee qualifies. If no vacancy exists for which the employee is qualified, the
employee will be placed in a lay-off status with recall rights.
18.06 Upon successful completion of their trial period, Fire Inspectors who have at least 5 years of
experience with Indian River County Emergency Services will be promoted to Lieutenant
Fire Inspector.
18.07 The following promotional process shall be followed:
EXAM SCORES TOTAL SCORE (300 Points max)
Multiple choice written test 100 Points max
Practical scenario test 200 Points max
(MINIMUM PASSING SCORE 210 POINTS COMBINED)
DEPARTMENT SERVICE
Total years of service completed
Total years in rank completed
EDUCATIONAL TRAINING
College degrees
Certifications
Educational courses
TOTAL SCORE (50 Points max)
1 point/year (25 Points max)
1 point/year (25 Points max)
TOTAL SCORE (100 Points max)
DISCIPLINARY RECORD
The following disciplinary records deduct points from the final raw score. The deduction applies
twelve full months from time of final disciplinary action. In the case of multiple disciplinary records,
they will count separately from each other and add together for a total point deduction.
Group 1
offense
deduct
1
point
Group 2
offense
deduct
3
points
Group 3
offense
deduct
5
points
TOTAL MAXIMUM RAW SCORE 450 Points
29
EXAMINATION SCORES (300 Points max)
The written test will be 100
multiple
choice questions
scored at
1 point each.
The exam will be
taken from job specific areas
for each
rank. Maximum
score for
written exam
is 100 points.
The practical test will be comprised of scenario based situations that will test the applicants oral and
reasoning skills, as well as their incident management capability. As in the past, they will need to
recall and verbalize their instructions based on the SOP's, meeting prescribed benchmarks, as well as
using their common sense and job experience. Outside evaluators from other Fire Departments will
evaluate and grade each applicant unless otherwise agreed upon. Maximum score for the practical
test is 200 points.
The minimum passing score to be eligible for promotion, when the exams are added together is 210
points combined.
DEPARTMENTAL SERVICE (50 Points maxi
Total years of service completed; credit is
1 point per
full year. Total
years in rank completed; credit
is 1 point per full year. Maximum score
for Service
is 50 points.
Points
EDUCATIONAL TRAINING (100 Points max)
The training points will be given for the following areas.
COLLEGE
DEGREES
Points
BS
OR
BA
department related.
10
AS
OR
AA
department related.
5
BS
OR
BA
in non -department related.
5
AS
OR
AA
in non -department related.
3
CERTIFICATIONS
An approved and accredited department related certification is comprised of at least 80 hours of
instruction and requires an examination or review to attain. Certifications will receive 3 points
each as long as the certification is maintained.
Examples of certifications are as follows:
Each Florida State Fire College approved certification
Public Safety Scuba Instructor
ARFF Instructor
EMT Paramedic
Certifications that will automatically be approved will be listed by the Training Division. Any
additional certifications may be approved or rejected by the educational committee in the future, and
added or subtracted from the list as necessary.
3o
EDUCATIONAL COURSES
Approved and accredited Department related educational courses are a minimum of 40 hours or 40
hour blocks. Any documented courses given by colleges, Fire/EMS or public safety agencies, or
private companies that are job related and approved by the educational committee.
Examples of educational courses are as follows:
All FFP courses
ACLS
ICS
IAFF classes
PALS
Haz-mat
WMD
Educational courses will receive 1 point each.
EDUCATIONAL COMMITTEE
The Educational Committee will meet and approve of all college degrees, certifications and
educational courses for scoring prior to the promotional board meeting to recommend the filling of
vacancies in the department.
The Educational Committee shall consist of the following:
The Fire Chief (or his designee) and two members of staff.
The Union President (or his designee) and two members at large.
In the event of a tie vote for approval or disapproval, the Fire Chief (or his designee) will have the
tiebreaker vote.
All employees shall have a folder created in their training file to maintain the documentation of each
employee's educational points. The educational committee shall review all education
courses/certifications to be used for promotional scoring by the promotional board before the
promotional board meets.
It is the responsibility of each employee to present current educational documents for their folder in
their training file, and not assume it is up to date. If the documentation is not there, it shall not be
considered.
31
ARTICLE 19
SHIFT EXCHANGE
19.01 Employees may exchange shifts when the change does not interfere with the operations of
the Fire Department, and when prior approval is granted at the discretion of the Fire Chief or
his or her representative. Chit forms shall be used for this purpose.
19.02 Sick leave will be charged to the employee who agreed to work the shift if the employee who
agreed to work the shift calls in sick.
32
ARTICLE 20
SUBSTITUTE EMPLOYMENT
20.01 The Employer agrees not to use, assignor detail members of the bargaining unit as substitute
employees to perform non -firefighting duties except where lives or property are in imminent
danger.
20.02 Furthermore, the Employer agrees to use members of the Vero Beach Volunteer Fire
Department as supplements to the Department only and will not replace a professional
firefighter with a volunteer firefighter.
20.03 Bargaining unit employees shall inform the Emergency Services Director, in writing, of any
outside employment. Outside employment which interferes, or is incompatible, with County
employment may
be denied.
No outside
employment shall be performed less than eight (8)
hours prior to the
start of an
employee's
assigned shift.
33
ARTICLE 21
WORKING OUT OF CLASSIFICATION
21.01 An employee required to work temporarily at a rank higher shall receive $30.00 per day
($60.00 per shift) for the period of time the employee actually works (excluding any periods
of leave) worked out of classification. To qualify for temporary relief pay, the employee
must work in a higher classification for a minimum of eleven (11) consecutive hours. On -
duty qualified employees whose name appears on the eligibility list (where one exists) for
promotion to the next rank shall be chosen first to work out of classification. Employees
having completed six (6) months of their promotional trial period may work out of
classification if qualified by the Training Department.
21.02 Employees will be required to work out of classification if qualified when directed by the
department.
34
ARTICLE 22
TRANSFERS
22.01 Employees may be allowed, at Departments discretion, to transfer between combat, fire
prevention, and training, rank to rank, if a vacancy exists, provided the employee has the
minimum qualifications for the position. In such a case, the employee shall be paid at the
same pay step in the day shift pay plan commensurate with the position to which the
employee has been transferred.
22.02 Bargaining unit employees may be transferred, at the Department's discretion, to any fire
rescue position and/or shift within the Department. In such a case, the employee shall be
paid at the same pay step in the applicable pay plan commensurate with the position to which
the employee has been transferred. The union shall have the right to bargain over the
economic impacts of the exercise of the Department's discretion in accordance with
applicable law.
35
ARTICLE 23
PERSONNEL REDUCTION
23.01 If a personnel reduction is necessary, the Employer shall determine the number of employees
and jobs affected in the bargaining unit and retain employees on the basis of job
qualifications, job seniority, job performance and length of uninterrupted services as a full-
time employee. Other factors being equal in the Fire Chief s judgment, seniority, as defined
above, shall prevail. Laid -off employees shall be given preference before new employees are
hired for future vacancies in the Fire Department, however, the laid -off employee must meet
the basic qualifications for the job vacancy in the judgment of the Fire Chief, and be recalled
within two (2) years of the employee's lay-off date.
23.02 Laid -off employees shall retain seniority in the Fire Department for a period of two (2) years
after lay-off. If a lay-off goes beyond one (1) year, the Employer will be obligated to
recertify the employee with the State Minimum Standard Course with no cost to the
employee.
23.03 An employee shall lose seniority if the employee voluntarily quits or is discharged for cause,
immediately upon the employee's last day in a work status. An employee shall be considered
a voluntary quit if the employee is absent three (3) consecutive duty shifts without prior
approval from, or notification to, the Fire Chief or his or her designated representative.
36
ARTICLE 24
BEREAVEMENT LEAVE
24.01 Regular full time bargaining unit employees covered by this agreement shall be granted up to
two shifts of leave with pay for death in their immediate family without charge to medical
leave, annual leave, holiday time, or other accumulated time, subject to the terms of the
applicable District Rules and Regulations.
24.02 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, Father -in -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.
24.03 Employees shall be required to provide documentation within 90 days supporting their
request for bereavement leave.
ON
ARTICLE 25
HOLIDAYS
25.01 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.
1.
New Year's Day
2.
Good Friday
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
25.02 Non -shift employees shall be given time off with pay for the above holidays. If a non -shift
employee works the holiday, the employee shall be paid the overtime rate at time and one-
half for the time worked.
25.03 Shift employees not required to work on a holiday will receive twelve (12) hours pay at their
regular rate for the pay period within which each holiday falls. Shift employees who are
required to work on a holiday shall receive twelve (12) hours of overtime pay, as holiday pay,
in addition to their twenty-four (24) hours of regular pay.
25.04 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.
IR
ARTICLE 26
MEDICAL LEAVE AND DISABILITY LEAVE
26.01 ELIGIBILITY
A. Full-time permanent non -shift employees earn medical leave at the rate of
one (1) work day per month starting the first full month of employment. Shift
employees shall accrue medical leave at the rate of one day (12 hours) per
month. For purposes of computation, one full 24-hour shift will be equal to
two (2) 12 -hour medical leave days.
B. Medical leave may be taken as earned during the employee's probationary
period.
C. Frequent claiming of benefits under this rule will constitute grounds for the
assumption by the Fire Chief that the physical condition of the employee is
below the standard necessary for the proper performance of duties. Likewise,
evidence of malingering or the abuse of this benefit will constitute grounds
for prompt dismissal or disciplinary action by the Fire Chief. Employees
suspected of abusing leave will be placed on notice and will be required to
submit a doctor's note upon their return to work. Abuse of leave shall be
defined as three occurrences in a 90 day period.
26.02 EARNING OF MEDICAL LEAVE
An employee on medical leave for more than fifteen (15) consecutive working days shall not
accrue medical leave for that period of time.
26.03 ADDITIONAL MEDICAL LEAVE
In deserving cases additional medical leave may be granted with the Director of Emergency
Services approval.
K➢]
26.04 ACCRUAL
Medical leave may be accumulated for a total of no more than one hundred (100) at the
employee's anniversary date.
26.05 USE OF MEDICAL LEAVE
MEDICAL LEAVE MAY BE GRANTED FOR THE FOLLOWING PURPOSES:
A. Personal injury, pregnancy or illness not connected with work.
B. Medical, dental, optical or chiropractic examination or treatment. (Refer to
"D" for members of employee's family.)
C. Exposure to a contagious disease which would endanger others.
D. Illness of a member of the employee's immediate family who lives
permanently in the same domicile which requires the personal care and
attention of the employee. No more than five (5) working days a year may be
taken for this purpose without approval of the Director of Emergency
Services (see definition of immediate family in Article 24).
E. Events in accordance with the Family and Medical Leave Act of 1993.
26.06 REQUEST FOR LEAVE
A. To receive compensation while absent on medical leave, the employee shall
notify the employee's immediate supervisor or Fire Chief prior to or as soon
as possible after time set for beginning the daily duties. An employee in a
unit operating on a twenty-four (24) hour basis must notify the department
within the time limit established by the Director of Emergency Services.
:4]
26.07 CHARGING LEAVE
A. Medical leave time shall be charged to the employee for the actual time the
employee is away from work.
B. Medical leave will be charged in not less than one (1) hour minimum period
for time less than one (1) day.
26.08 SPECIAL CONSIDERATION FOR PRUDENT USE OF MEDICAL LEAVE
Medical leave accumulated in excess of one hundred (100) days prior to the employee's
anniversary date shall be compensated by paying the employee by the middle of the month
following the month in which the employee's anniversary date occurs for such excess leave at
the employee's regular hourly straight time pay.
26.09 MEDICAL LEAVE PAYMENT UPON SEPARATION FROM SERVICE
A. Upon resignation or termination for cause of an employee from the
Employer's services, all medical leave, current and accumulated, will be
forfeited.
B. Employees retiring in accordance with existing retirement plans or having
died will receive 100% of the base rate of pay for medical leave days
accumulated.
26.10 Disability leave with pay shall be provided by the Employer 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 his or her regular position, the employee may be given
other duties with the Fire Service for the period of recuperation, provided the
41
employee's medical condition permits. Unwillingness to accept such an
assignment as directed by the Director of Emergency Services 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 Article 26.11, if the disability leave is
approved, the first seven (7) days of the leave will be charged to the
employee's medical leave or the annual leave account. After the first seven
(7) days, the employee will be entitled to normal Workers' Compensation
only, unless the employee elects to supplement such Workers' Compensation
benefits with any accrued medical or annual leave he or she may have. In no
case shall the employee's total compensation from county pay and Workers'
Compensation exceed his or her normal compensation.
E. No new medical leave shall be accumulated during the period an employee is
off the job due to injury.
F. At any time during the period of disability, any case may, upon request, be
reviewed by an authorized County physician who shall recommend retention,
reduction, or separation to the Director of Emergency Services.
26.11 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. 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 union president.
The Director's approval shall not be unreasonably withheld.
CPA
26.12 Bargaining unit employees shall not be entitled to light or restricted duty for non -duty related
illness, injury, or condition (such as pregnancy), except as required by applicable law.
26.13 Bargaining unit employees shall be eligible for up to 12 weeks of Family and Medical Leave
in any twelve-month period, in accordance with, and under the terms of, the Family and
Medical Leave Act of 1993. Employees on Family and Medical Leave are required to use all
paid leaves before going on leave without pay.
43
ARTICLE 27
INSURANCE BENEFITS
27.01 The County shall provide insurance for all bargaining unit employees and their dependents in
the same manner as the County's general non -bargaining unit employees, including the
retiree health insurance subsidy, hospitalization, and medical insurance.
27.02 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.
27.03 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.
44
ARTICLE 28
ANNUAL LEAVE
28.01 Employees in the bargaining unit shall be entitled to accrue paid annual leave on the
following basis:
1. Eleven (11) working days vacation for shift employees and ten (10) working days
vacation for non -shift employees shall be earned each year for the first five (5) years
of continuous employment commencing with the anniversary date.
2. Sixteen (16) working days vacation for shift employees and fifteen (15) working days
vacation for non -shift employees shall be earned at the start of the sixth year of
continuous employment through the end of the tenth year of continuous employment.
3. For each additional year of continuous employment, an additional day of vacation
shall be earned up to a maximum of twenty-one (21) days per year for shift
employees and twenty (20) days per year for non -shift employees:
CONTINUOUS EMPLOYMENT ANNUAL DAYS EARNED
28.02 Forty-two (42)
days may be
carried over from
SHIFT
NON -SHIFT
11
YEARS
17
DAYS
16
DAYS
12
YEARS
18
DAYS
17
DAYS
13
YEARS
19
DAYS
18
DAYS
14
YEARS
20
DAYS
19
DAYS
15
YEARS
21
DAYS
20
DAYS
28.02 Forty-two (42)
days may be
carried over from
year
to year; however, an employee shall not
be allowed more than thirty
(3 0) days annual
leave
in a one-half (1/2)
year period.
28.03 Employer rules and regulations will apply regarding notification and/or pay for annual leave
earned
above
500 hours. Employees
retiring after entering the DROP will
be eligible to
receive
up to
300 hours of leave upon
separation.
45
28.04 Employees with the most time in total service years will be given preference when granting
annual leave, during the seniority months (November, February, May, August).
28.05 Non -shift employees shall receive one (1) personal day to be used within each calendar year
in accordance with the vacation policy.
46
ARTICLE 29
LEAVE OF ABSENCE WITHOUT PAY
29.01 The decision to grant leave without pay (leave of absence) is a matter of administrative
discretion. It shall be incumbent upon the Fire Chief to weigh and determine each case on its
own merit. Any leave of absence for a period of thirty (30) days or more must have the
approval of the Fire Chief. Any appointment made to a position vacated by an employee on
leave without pay shall be conditional upon the return of the employee on leave.
29.02 Any employee granted a leave of absence shall contact the Fire Chief at least two (2) weeks
prior to the expiration of the approved leave in order to facilitate the reinstatement process.
29.03 Failure to return to work at the expiration of the approved leave shall be considered as a
resignation.
29.04 No medical leave or annual leave will be earned by an employee for the time that the
employee is on leave without pay.
29.05 Leave without pay shall not constitute a break in service, but time off will not be credited
toward retirement.
29.06 Fringe benefits can be continued at the expense of the employee on any leave of absence over
thirty (30) days.
47
ARTICLE 30
OVERTIME AND COURT DUTY
30.01 DISTRIBUTION OF OVERTIME
All overtime will be distributed equally by classification to the best ability of the supervisor
in charge, except where operational needs dictate otherwise, using a computer-generated
overtime list or graphical presentation posted daily in real time by the supervisor in charge as
a guide for such distribution. In compiling the posted overtime list, the following conditions
will be adhered to:
A. All assigned overtime hours worked by the employee will be included in
totals shown on the above posted list.
B. When
an employee
enters
a new classification, the employee will be placed
on the
overtime list
at the
highest overtime of the classification entered.
C. If an employee refuses overtime which the Employer gets someone else to
perform, the overtime will be charged against the employee who refused. If
an employee is in line for an overtime assignment because of the position on
the overtime list, the employee will not be charged as having refused the
assignment if the employee cannot be contacted.
D. If an employee is on approved leave, they will not be offered overtime. This
is not to be interpreted as meaning that an employee is not subject to call-
back while on approved leave. For distribution of overtime purposes an
employee shall be considered on approved leave from the time the employee
finishes work on the last scheduled work day before going on vacation until
the employee's scheduled starting time on the first scheduled work day after
the employee's vacation.
:l.3
E. At the end of the payroll period nearest the end of each fiscal year, the
accumulated overtime of the lowest employee in each classification
(excluding employees who are ineligible for overtime) shall be deducted from
the overtime standings of all others in the classification at that location.
F. It is expressly understood that reliable, prompt service is a priority
responsibility to the public we serve. It is expected that all employees will
respond when an emergency or bona fide need exists. The failure to so
respond, except as covered in (D) above, will be cause for disciplinary action,
including termination of employment.
30.03 Proper Filling of and Distribution of Overtime
A. All overtime will be filled by the off going shift. The only exception will be
when an employee leaves during his/her shift and an overtime call is needed.
B. Overtime will be called within the classification creating the overtime first. If
all employees within that rank refuse then only those employees one
classification below who can work out of rank will be called. If those
employees refuse, then the employee with the lowest hours within the original
classification causing the overtime and not on approved leave will be given
the overtime in a mandatory status.
C. Special Event Overtime and Staffing will be tracked separately from other or
regular overtime opportunities. Bargaining Unit Members possessing the
necessary requirements to work special events may volunteer for the special
event. These special events will be filled on a first come voluntary basis. If
special event is not filled 48 hours prior to the date of the event, the
supervisor in charge of filling overtime will go to the special event overtime
list which will be created using the most senior bargaining unit member to the
49
newest hired bargaining unit member. The most senior employee will be
offered the special event detail. If an employee works or refuses the detail
those hours will be tracked electronically and in real time like regular
overtime hours. If unable to fill voluntarily, the supervisor will go to the
special events overtime list to determine who would be mandatory for the
event by those employees that have the fewest hours.
30.04 COURT LEAVE
A. Employees attending court as a witness on behalf of a public jurisdiction or
for jury duty during their normal working hours shall receive full pay equal to
their normal work schedule for the hours they attend court. This time shall be
charged as leave with pay. Remuneration paid by the court shall be turned
over to the Employer.
B. All permanent full-time employees subpoenaed to attend court on behalf of
the Employer are eligible for leave with pay. Any remuneration shall be
turned over to the Employer.
C. Those employees who become witnesses, plaintiffs, or defendants in the
matters unrelated to the Employer are not eligible for leave with pay.
Employees who are parties against the County in any proceeding, or who
appear without subpoena as witnesses for a parry against the County in any
proceeding are not eligible for leave with pay.
D. Nonexempt employees who attend court representing the Employer on their
day off will be compensated in accordance with the overtime provision.
However, every attempt should be made not to schedule a court appearance
on the employee's day off.
50
E. Employees who attend court for only a portion of a regularly scheduled work
day are required to report to their supervisor within a reasonable period of
time of being excused or released (other than for the night) by court. The
failure to so report will be cause for disciplinary action, including termination
of employment.
F. Employees who attend court on behalf of the County, while on scheduled
vacation, may be allowed to take additional leave with pay for the court time.
G. In the
event
a holiday occurs during the period of an
employee's jury duty, he
or she
shall
receive pay
for the holiday.
H. All court attendance must be verified before an employee shall be
compensated. Monies received from court appearances will be turned over to
the Employer.
51
ARTICLE 31
CALL -OUT AND PREARRANGED OVERTIME
31.01 CALL -OUT AND PREARRANGED OVERTIME
A. When an employee is required to report for work at a time other than the
employee's regular work schedule, it shall be considered:
1. A call -out, if the employee has less than twelve (12) hours' notice by
the Fire Chief or authorized representative; or
2. Prearranged overtime if the employee has twelve (12) hours' or more
notice.
B. On a call -out, the employee shall be paid a minimum of three (3) hours at
time and one-half as time actually worked, except that if the employee is
called out before the employee's regular starting time and works through the
employee's regular work period, then only time actually worked shall be
allowed. Time shall start at time of initial contact (unless the employee fails
to report to work within a reasonable period of time after contact, whereupon
time shall start at a reasonable period of time before appearing at work) for
purposes of computing time worked and/or paid and shall end upon sign -off
at work headquarters or at home in the case of standby troublemen.
C. In the case of prearranged overtime, the employee shall be paid a minimum of
four (4) hours at time and one-half as hours worked (except in the case of
meetings, two (2) hours), except if the employee is required to report before
the employee's regular starting time and works through the employee's regular
work period or is required to continue after the employee's regular quitting
time, then only time actually worked or spent in meetings shall be allowed.
Pay under this paragraph cannot be converted to compensatory time.
52
D. No employee will be called back to work during the employee's vacation
period, unless an extreme emergency has been declared.
1. An employee's vacation period will begin on the instant the employee
finishes the last hour of regularly scheduled work.
2. An employee's vacation period will end on the first hour of the
employee's scheduled return to work date.
3. In the event an employee is called back from vacation out of town,
the District will assume all costs involved in transporting the
employee to and from the vacation site.
53
ARTICLE 32
MILEAGE ALLOWANCE
32.01 Employees temporarily assigned from one station to another station necessitating travel
between stations will be compensated at the County's reimbursement rate if the employee
chooses to use the employee's personal vehicle. Employees who choose this option must
comply with the minimum county insurance requirements. If the employee chooses not to
use the employee's own personal vehicle, it shall be the responsibility of the District to
provide transportation between stations and back.
32.02 Application for mileage reimbursement and/or travel must be made within thirty (30)
calendar days of the reimbursable travel. No mileage reimbursement will be paid in the
absence of a timely request.
54
ARTICLE 33
INCENTIVE PAY
33.01 An employee of the District who has
successfully
completed a certified diver's
course and
self paid the expenses shall be given
a pay increase of twelve dollars ($12.00)
bi-weekly.
33.02 An employee of the District who has successfully completed a certified Smoke Diver's
Course and self paid the expenses shall be given a pay increase of twelve dollars ($12.00) bi-
weekly.
33.03 A. An employee of the District who has completed a total of eighty (80) hours in courses
approved by the Educational Committee will receive a pay increase of ten dollars
($10.00) bi-weekly. The courses for which the employee seeks educational incentive
pay must be approved by the Educational Committee prior to enrollment. There will
be a maximum of four (4) eighty hour blocks per employee.
B. The hours involved in the Fire Fighters State Minimum Standards Basic Recruit
Training are excluded from this agreement.
C. The Educational Committee will consist of the Fire Chief, Deputy Fire Chief and two
(2) members of the bargaining unit. Should the vote of the Committee end in a tie,
the Fire Chief shall be given another vote to break the tie. This committee will
establish criteria for sections 33.08 and 33.09.
33.04 An employee who is qualified and certified as a Paramedic may assume the duties of the
E.M.S. Coordinator or Training Officer and shall receive a pay increase of sixty dollars
($60.00) bi-weekly. There will be a maximum of four (4) E.M.S. Coordinators or Training
Officers in the department.
33.05 All personnel that are certified in Heavy Rescue as of 09/30/85 will continue to receive
twelve dollars ($12.00) bi-weekly for that certification.
55
33.06 The incentives offered in this article (from 33.01 through 33.05) shall be available only for
employees who have qualified for the particular incentives by March 24, 1994.
33.07 Four (4) Special Operations F.T.O.s per shift, total of 12 slots, shall receive sixty dollars
($60.00) biweekly.
33.08 Forty (40) Special Operations (Technician Level) per shift, total of 120 slots, shall receive
thirty-five dollars ($35.00) biweekly, so long as they maintain their certifications. Only one
incentive per person.
33.09 Non -shift
employees
shall be eligible for one (1) pay increase of twenty-one
dollars ($21.00)
biweekly
(maximum
of six individuals) when they become
certified in one
of the following
areas:
State of Florida Instructor II or III
State of Florida Inspector II or NFPA Certified Inspector I
State of Florida Investigator II or IAAI Certified Investigator
NFPA Certified Fire Plan Examiner I or NFA Plan Review for Inspectors
33.10 Effective the first full pay period in April 2008, the County will pay the current 61 employees
that are protocol by the Medical Director. Additionally the County agrees to pay an
additional 7 that become protocol during FY 2007/2008.
Months of Service
o 0-36 months
o 37 — 72 months
o Over 72 months
Non 7(k) Exempt
$.90 per hour
$1.26 per hour
$1.62 per hour
7(k) Exempt
$1.00
be paid
per
hour
$1.40
per
hour
$1.80
per
hour
The amount of additional pay for Solo Paramedic status shall
be paid
bi-weekly
as long as the
employee maintains their solo paramedic status.
56
ARTICLE 34
SALARIES
34.01 Upon receiving Firefighter certification, Paramedic I will be placed in the Dual
Certified pay scale, effective the first day of the next 28 -day cycle. Upon becoming
Firefighter certified ALS personnel will be converted using a 52.5% rate. They will
be placed in the step plan based on their years of service. In the event that the
converted pay rate is higher than the step they are placed in, their pay will remain at
the converted rate until such time that the range or their subsequent step increase is
greater than the converted rate of pay.
34.02 For Fiscal
Year 20067-200-78,
bargaining
unit employees
will be provided wages as
follows:
the date of promotion.
A. On the first full pay period in October 2007, Bargaining Unit employees shall receive
an across the board increase of 2.3%. The pay scales for all positions with the
bargaining unit will be adjusted accordingly. All bargaining unit employees will
proceed to the next step of their respective pay scale effective the first full pay period
in April 2008. All bargaining unit employees at the maximum step shall receive a
$1000 lump sum effective the first full pay period in April 2008. Any step moves or
lump sum payments after the expiration of this Agreement shall be subject to
collective bargaining.
B. In the event of promotion, the
employee
shall move to the same step of the pay plan
for the higher rank on the first
day of the
pay period nearest to
the date of promotion.
34.03 The County shall indemnify, exonerate, and save harmless the Union from any claims
and/or judgments against the Employer and/or Union based upon the application of the
FLSA 207(k) exemption. The Employer shall give written notice to the Union by
registered mail addressed to the President of the local of any claim, action, suit, or
proceeding brought by an employee, person, firm, or corporation against the Employer
57
based in whole or in part based upon the application of the FLSA 207(k) exemption. The
County shall defend the said claim, action, suit, or proceeding against the County or
against the Union at its own cost and without expense to the Union.
34.04 On the first full pay period in April 2008, the following job classification changes shall
take place:
Lead Fire Medic and Senior Fire Medic to Fire Medic
Paramedic II to Paramedic I
1E
ARTICLE 35
DOCUMENTS
35.01 The Employer agrees to provide one (1) copy of each of the following documents to the
Union without charge:
A. Proposed budget, and final budget for the County. Budget changes and amendments
for the department.
B. Year end financial statement for the Department.
C. Administrative orders, regulations and personnel policies relating to bargaining unit
employees.
D. Revisions to the Department Rules and Regulations Manual and Department
Standard Operating Procedures.
35.02 The employer agrees to provide a copy of the Department Rules and Regulations and
Department Standard Operating Procedures, with all revisions thereto, to each station.
59
ARTICLE 36
EQUAL EMPLOYMENT POLICIES
36.01 It is the continuing policy of the District to promote the concepts of equal opportunity for
all of its employees and applicants for employment.
36.02 The District will continue to recruit, hire, train, and promote on merit principles, persons
in all job classifications without regard to race, color, religion, sex or national origin,
except where sex is a bona fide occupational qualification.
36.03 Decisions on employment will be based on the principles of equal employment
opportunity.
36.04 All personnel actions such as compensation, benefits, transfers, layoffs, return from
layoffs, sponsored training, education, social and recreational programs, will be
administered without regard to race, color, religion, sex or national origin.
ARTICLE 37
DURATION AND RENEWAL
37.01 This agreement shall be in full force and effect from October 1, 2007, to September 30,
2008. This agreement shall continue in effect from year-to-year thereafter unless
amended or terminated in the manner hereinafter provided. Either party desiring to amend
or terminate this contract shall notify the other party in writing by February 1 of the year
in which the contract expires.
37.02 If the parties do not reach agreement by contract expiration, the existing terms and
conditions shall continue until a new agreement is reached or the impasse is resolved.
37.03 The Employer shall not reduce the staff levels as they existed upon the signing of this
agreement, with the exception that staff levels may be reduced only as a result of attrition
and the Employer will not institute layoffs in the event it limits its fire fighting activities.
37.04 The Employer agrees that its operations, or any part thereof, shall not be merged, assigned
or otherwise transferred without first securing the agreement of the new employer to
assume the Employer's obligations under this agreement.
61
SIGNATURE PAGE
INDIAN RIVER COUNTY FIREFIGHTERS/
PARAMEDICS ASSOCIATION,
LOCAL 2201, I.A.F.F.
V`'
President
Negotiating Committee Member
Nego ng�mi�mber
0"
Negotiating Committee Member
%Md1�
Negotiating Committee Member
DATE
Ratified by the Union on the
2151 day of March, 2008
Confirmed by:
Wayne chasane
President
62
INDIAN RIVER COUNTY
EMERGENCY SERVICES DISTRICT
C ai anSan a L.; -Bowde
Board of County Commissioners
r,
i"
finis atorof*he
mergency Service District
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Witness U BARTON
CLERK CIRCUIT COURT
10 Q � + •
Attachment A
Indian River County, Florida
Emergency Services District
Sixty (60) Day Notice of
Drug -Free Workplace Program
For Local 2201, IAFF 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.
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.
Me,
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.
CJoseph . Baird, County Administrator
M
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 which 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 affects 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 require 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 sensitivejob 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 which may affect their performance at work.
65
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 staring 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 ofthe 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.
1.4 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 on
prescribed, controlled substances and/or unauthorized possession or usage of alcohol by
employees while 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.
M
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 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 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 conviction,
a plea of guilty, an adjudication of guilty, a plea of nolo contendere, adjudication withheld,
an acquittal, or a dismissal of the charges.
7.4 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.
67
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. Employees who may require assistance for substance
dependency and related program are encouraged to seek assistance and information fromthe
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. Treatment
recommendation records and compliance records will be maintained by the Emergency
Services Director, or his or her designee.
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
Substance Abuse Council
2001 9th Avenue
Vero Beach, FL 32960
770-4811
M
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 41st 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
Al -Anon
562-1]14
Alateen
562-1114
Adult Children of Alcoholics 567-2253
Narcotics Anonymous 1-800-281-9889
Cocaine Anonymous 1-800-877-7675
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 1-800-621-4000
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 1-301-443-1240
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 I-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 his or her designee, and a corroborating
witness. The Director, or his or her designee, shall promptly detail in writing the circumstances which
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.
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12.4 Reserved
13.0 Employee Education
13.1 Employees and supervisors will be required to participate in a drug-free awareness program on an
annual 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
(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 if 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.
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 oftests
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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 may,
depending upon the
circumstances, 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 orjob 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 to the employer. The drug
test result may be contested pursuant to law or to rules adopted by the ARCA.
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:
1. Alcohol, including distilled spirits, wine, beer, and intoxicating liquors;
2. Amphetamines;
3. Cannabinoids;
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22.0
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:
50 ng/ml
Cocaine
300 ng/ml
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
Synthetic Narcotics
300 ng/ml
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:
Cocaine
150
ng/ml
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
150
ng/ml
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.
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.
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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 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.
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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)
Phencvclidine
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
Propoxwhene
Darvocet, Darvon N, Dolene, etc.
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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 LAAM, 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 Meso, 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
Cannabis
Marijuana Pot, Acapulco Gold, Grass, Reefer, Sinsemilla, Thai Sticks
Tetrahydrocannabinol THC
Hashish Hash
Hashish Oil Hash Oil
76
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.
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 apositive 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:
77
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.
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 AHCA.
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.
in