316.30 DRUG AND ALCOHOL TESTING
- City of Portland Human Resources Administrative Rule 4.01 Drug and Alcohol Use Prohibited
- City of Portland Human Resources Administrative Rule 4.09 Use of City Resources
- ORS 475.992 Possession of Controlled Substance
- ORS 659a.300(4) Breathalyzer Tests
- DIR 240.00 Employee Assistance Office (EAO)
- DIR 311.00 Duty Required
- DIR 311.30 Off Duty Responsibility of Officers
- DIR 315.00 Laws, Rules and Orders
- DIR 316.00 Alcohol Use
- DIR 316.10 Drug/Controlled Substance Use
- DIR 335.00 Performance Review and Use of Force Review Boards
- DIR 341.00 Disciplinary Process
- DIR 1245.00 Vehicles, Off Duty Use by Authorized Members
It is a critical component of service delivery of the Portland Police Bureau to maintain a drug-free workplace. Members who engage in the unauthorized use of drugs and alcohol risk their safety, the safety of their co-workers, and the safety, well-being, and trust of the citizens they serve. It is therefore imperative that members are held to a standard that assures the citizens and the other employees they are not under the influence of these substances while at the workplace. This policy will be for all Police Bureau members, both sworn and non-sworn.
Members will be tested for alcohol or drugs whenever there is reasonable suspicion to believe that the employee has engaged in prohibited alcohol use or prohibited drug use. Reasonable suspicion will be based on specific, concurrent, articulable observations made by a trained supervisor, concerning the appearance, behavior, speech or body odors of the member.
Directive Specific Definitions
Alcohol test: A test using equipment for the analysis of the alcohol content of a test subject’s blood by the analysis of a breath or blood sample.
Drug: Includes controlled substances, illegal drugs or other substances that are not controlled but may affect employee behavior, cause impairment, or compromise the safety of the subject, co-workers, or citizens.
Drug test: A test conducted whereby an authorized lab technician or designee obtains a sample of urine from a test subject for analysis of its content for drugs or alcohol.
Impairment: Diminished ability, loss or limitation of physical, mental or sensory function. A condition associated with any drug, including but not limited to alcohol.
Reasonable suspicion: Objective and articulable facts that would make a reasonable supervisor believe that a person was under the influence of alcohol or drugs, or that a person’s ability to perform the functions of their job was impaired, or their ability to do their job safely was compromised.
Safety sensitive function: Includes, but is not limited to, situations in which a member must exercise judgment about whether and when to use force, operate a motor vehicle, and/or have any contact with members of the community.
Prohibitions and General Information (316.30)
All members are prohibited from:
a. Having the odor of an alcoholic beverage on their person or breath while on duty, except as provided for in DIR 316.00.
b. Ingesting a prescribed medication or drug, except as provided for in DIR 316.10.
c. Possessing an illegal drug, except as provided for in DIR 316.10.
d. Possessing a drug illegally, except as provided for in DIR 316.10.
e. Using or possessing alcohol while on duty, except as provided for in DIR 316.00.
f. Refusing to submit to a reasonable suspicion alcohol or drug test, or a required return-to-work alcohol or drug test.
g. Reporting for duty or remaining on duty when using any drugs except when the use is pursuant to the instructions of a licensed medical practitioner who has advised the member that the drug will not adversely affect the member’s ability to safely perform the member’s duties. Members are required to notify their supervisor of the use of prescribed controlled substances as set forth in DIR 316.10.
Member Responsibilities (316.30)
Members are responsible for being fully alert and not impaired by any drug and/ or alcohol when they report for duty, or when subject to call back. Members who are not fully capable of performing their assigned duties shall inform a supervisor who will determine a course of action.
Members who reasonably suspect that another member may be using drugs or alcohol should bring their concerns to the attention of a supervisor immediately.
Supervisor Responsibilities (316.30)
a. If a supervisor has reasonable suspicion to believe that a member is impaired by drugs and/or alcohol, he/she may order a drug test and/or alcohol test in accordance with the requirements of this section. The testing of the member will occur as quickly as possible. The supervisor shall notify his/ her RU manager immediately.
b. A memorandum and any other supporting documents which document the supervisor’s reasons for authorizing the test will be written and forwarded, through channels, to the appropriate Branch chief. The documentation of this incident shall include all of the facts that support the supervisor’s reasonable suspicion. The supervisor will document any statements made by the affected member about the usage and/or denial of usage of drugs or alcohol.
c. Supervisors will assure that all members reporting for duty are capable of performing their assigned duties
RU Manager Responsibilities (316.30)
The RU manager will notify the Personnel manager, or his/her designee, of the reasonable suspicion prior to the test. The Personnel manager, or his/her designee, will respond to assist with the testing process. The RU manager will also notify the appropriate Branch chief of the test. RU managers will forward a memorandum and any other supporting documents regarding the incident, through channels, to the appropriate Branch chief. The Branch chief will review the documentation, notify the Chief of Police of the incident and make a recommendation regarding the incident to the Chief of Police.
Services Branch Chief Responsibilities (316.30)
The Services Branch chief is responsible for the administration of the Bureau’s drug and alcohol testing program. The Services Branch chief may designate duties, under this policy, to either the Personnel manager or the Personnel lieutenant, if needed.
The Services Branch chief, or his/her designee, will:
a. Provide the Chief of Police with a yearly audit of the testing program, to include the following information:
1. The number of tests administered under the program.
2. The number of tests with a positive result.
3. An accounting of the costs of the program.
4. Any trends identified.
5. A summary of disciplinary actions as a result of the program.
b. Ensure all records, under this program, are maintained in a secure and locked file cabinet dedicated to drug and/or alcohol testing records. This cabinet will be located in the Personnel manager’s office.
c. Notify the RU manager of members within his/her division who test positive under this program.
d. Notify the Chief of Police of any positive test results.
e. Be available, when needed, to take any appropriate action by order of the Chief of Police regarding members who have received a positive test result.
f. Complete the appropriate reports regarding the results of all testing under this program.
Alcohol Threshold (316.30)
Members, who have .02 percent or more by weight of alcohol in the blood as shown by chemical analysis of the breath or blood, will be removed from any safety sensitive function and be considered to have tested positive under this policy.
Drug/Controlled Substances (316.30)
The substances that will be tested for include; alcohol, cannabinoids, cocaine, opiates, amphetamines, barbiturates and benzodiazepines.
Testing Procedure (316.30)
The presence of drugs and/or alcohol in a member’s system is perishable. Therefore, any testing will be conducted as soon as possible. These tests will be conducted by a qualified technician at an approved lab. The lab administering the test will release the results of the test to the Personnel Division (Personnel) manager or his/her designee.
A member who refuses to submit to a drug test or alcohol test is subject to discipline up to and including dismissal. The supervisor will make contact with the Personnel manager or designee who will take appropriate action.
Questions regarding specific testing procedures will be addressed through the Personnel manager.
Procedure Following Test Procedure of Member (316.30)
Test results will be considered medical information and be confidential.
If the result of the urinalysis is positive, or the alcohol test threshold is met, the affected member will be placed on administrative leave, pending a review. The test results will only be released to the Personnel manager or his/her designee who will take appropriate action.
If the test result is negative, the Personnel manager, or designee, will inform the affected member’s RU manager that he/she may return to work.
If the positive result is generated by a prescribed medication which is verified by the Personnel manager, the member will not be placed on administrative leave. The Personnel manager will verify that the member has been prescribed the medication recently for which the member tested positive. The member is responsible to provide the required prescription verification to the Personnel captain without delay.
Workplace Searches (316.30)
Areas of the workplace can be searched as a result of an investigation into the allegations of the prohibitions covered by this policy. The areas of the workplace that can be searched are areas and property in which the City maintains joint control with the employee, or full control including any City vehicle. Examples of such areas are, but not limited to, desk, locker, computer files, storage areas, etc. These searches will be conducted according to City of Portland Human Resources Administrative Rule 4.09.