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Home arrow News arrow Unions & Associations arrow Drug test policy OK'd by union
Drug test policy OK'd by union PDF Print E-mail
Written by PETER GOONAN   
Monday, 17 December 2007

The Springfield Police Supervisors Association emerged this month as the latest public safety union in Western Massachusetts to accept a drug and alcohol testing policy, an issue that has gained national attention following the deaths of two Boston firefighters.

The deaths in a West Roxbury restaurant fire in August were followed by leaked autopsy results reportedly showing that one firefighter had alcohol in his system three times the legal limit, and the other had traces of cocaine. A panel appointed by Boston Mayor Thomas Menino is now recommending random drug and alcohol testing for all Boston firefighters, a move resisted in the past by the union.

In Springfield, the new police supervisors' drug-testing policy follows a trend among the region's police and fire departments, which allows testing when there is "reasonable suspicion" of drug or alcohol use.

Boston firefighters are tested when hired, randomly tested during a probation period, and tested only for cause thereafter, according to its policy.

The patrolmen's union in Springfield, and the police and firefighter unions in Holyoke and Chicopee are among communities that have negotiated agreements which allow drug and alcohol testing in cases of reasonable suspicion.

Members of the state police can be tested for drugs both on a random basis and in cases of reasonable suspicion, under state policy. They can be tested for alcohol use only in cases of suspicion, said a spokesman for the Executive Office of Public Safety. Troopers are also tested for drug influence post-incident, such as after accidents and use of force, and in their re-enlistment physical.

In Westfield, the city administers random drug and alcohol tests for firefighters, as agreed upon by the union in 1999.

The union representing Springfield firefighters, in contrast, has yet to agree upon any drug or alcohol testing policy and is an issue which may lead to arbitration.

Under the current firefighters' contract, ratified in August of 2006, the sides agreed to establish a committee to craft a drug policy but failed to reach agreement within the 90-day deadline. The contract calls for arbitration if negotiations fail, but both sides have delayed taking that step.

"Both sides believe in a drug- and alcohol-free workplace," said Fire Lt. David Wells, president of the Springfield Association of Firefighters, Local 648. "I'm very optimistic we will reach an agreement. The only resistance is we want to make sure that it is not abused by management."

Some union officials in the region said the resistance to random testing includes the concern there could be mistakes, or that the system could be abused to target someone rather than be truly random.

Springfield Fire Commissioner Gary G. Cassanelli said the department remains hopeful an agreement can be reached, as was previously settled with the fire chiefs' association.

"I think it's critical to public safety there be drug and alcohol policies that are enforced and effective," Cassanelli said.

Although a policy must be bargained or arbitrated because it reflects a change in working conditions, the Fire Department can and does discipline cases of "conduct unbecoming of a firefighter," which can include firefighters who are intoxicated or under the influence of drugs, he said.

The department uses "last chance" agreements, which outline requirements such as drug treatment in lieu of termination, Deputy Chief Jerrold E. Prendergast said.

Some union officials in the region defend their current drug testing policies, as negotiated with management, saying the policies promote a drug-free workplace and protect the public and co-workers, without resorting to random testing.

The policies outline procedures for determining when there is reasonable suspicion to trigger a test. The contracts specify factors for suspicion, which vary, but generally include slurred speech, and unsteady walking and balance, and uncooperative attitude.

Thomas M. Scanlon, president of the Springfield patrolmen's union, Local 364 of the International Brotherhood of Police Officers, said the union supported the policy as a way to address "a safety and health concern."

"Any one of our members want to have avenues to seek assistance," Scanlon said. "Having a policy gives the framework to do that. For those who don't seek assistance or follow the designed plan, progressive discipline is involved."

The Chicopee firefighters' and patrolmen's contracts stipulate that two supervisors must be present to observe the behavior and fill out a form to document reasonable suspicion and need for a drug test.

The policies in Western Massachusetts departments generally stipulate that failed tests can result in requirements for counseling and rehabilitation, emphasized as the departments' priorities over punishment.

John L. Dezess, vice president of the Holyoke firefighters' union, said the drug-testing policy in place for several years, requiring "reasonable suspicion," was deemed sufficient to protect the public. There has been general resistance to random testing, he said.

"I think there is a general fear that random might become specific, rather than stay random," Dezess said.

It seems, however, just a matter of time before random testing becomes commonplace, Dezess said.

In Chicopee, the patrolmen's contract stipulates that successful completion of a rehabilitation program after a positive drug test guarantees no disciplinary action.

The Springfield patrolmen and police supervisors' policy also guarantee no disciplinary action and grant "a one-time-only right to return to their job" if a rehabilitation program is successfully completed.

The various departments call for confidentiality of test results.

 
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