a brief case-study, and guidance. where it began aug. 29, 2007 2 boston firefighters died during the...
TRANSCRIPT
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A Brief Case-study, and Guidance
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Where it beganAug. 29, 2007
2 Boston Firefighters died during the Tai Ho Restaurant blaze
September 2007 Mayor quietly orders Labor Relations Director John Dunlop to develop drug policy draft
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October 4, 2007
“Autopsies find alcohol, some cocaine, 2 officials
say”
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October 4, 2007
“A source who was briefed by a person with
knowledge of the autopsies of [Firefighter] and [Firefighter] told the Globe that one firefighter had a blood-alcohol level higher than .08, the level at which someone is too drunk to drive legally in Massachusetts. The other firefighter had traces of cocaine in his system, the source said.”
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October 4, 2007
“A government official briefed on the findings
of the state medical examiner's office said [Firefighter] registered a blood-alcohol level of .27 in the autopsy, which would have placed him at more than three times the legal limit, while [Firefighter] had cocaine in his system.”
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.o8 or .27 bac? Traces?
.08 = 4 drinks
.27 = 13 drinks
Which number was it?
Traces of cocaine? Metabolites?
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November 30, 2007
“Panel urges firefighter drug testing as part of overall wellness program”
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Cahill Swift Sends Letter to City Hall & to UnionLetter:
Urges caution when creating policy
Offers service as neutral 3rd party
Describes importance of Reasonable Suspicion Testing
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April 29, 2008
“Firefighters rally to oppose drug, alcohol testing mandates”
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Letter Received by Union
Union President Ed Kelly immediately contacts Cahill Swift
Schedules meeting
Expresses Union desire for fair and effective drug testing program enhancement
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Letter Hand-Delivered to City Hall
No response
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Union & City Hall Meeting
Union says they have identified neutral 3rd party for policy work
Gives City Hall Cahill Swift’s contact information
Urges City to verify expertise and neutrality, and to begin use
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City Hall Contacts Cahill Swift
City Hall: “Do you normally work for labor or management?”
Cahill Swift: “Neither. We represent the process and the regulations.”
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Union retains Cahill Swift exclusively, Policy work begins
Union and Cahill Swift examine other policies throughout Boston: Patrolman’s Union, EMT’s Union, etc.
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Findings from other Policies
Hair testing is used
Randomness of program meritless
Changing parameters of testing thresholds
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Cahill Swift Advises Ground Rules
No hair testing
Must be scientifically random
Must have as little room as possible for abuse in all directions
Must be based on federal testing regulations
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City Hall Submits Draft Policy
A draft was received by the Union
Sent to Cahill Swift for analysis
Policy analyzed using same criteria as federal projects
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…and what to do if you already have a policy
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Win the PR WAR up-frontConsider making public declaration of support
The public will generally not understand the complexities of:
“We’re not opposed to drug testing, but we think that it should be included in collective
bargaining process”VS.
“The Union is opposed to drug testing”(One of these is an easier headline to sell papers)
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Win the PR WAR up-front
The public will generally not understand the complexities of:
“We’re not opposed to drug testing, but we think that it should be included in collective
bargaining process”
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Win the PR WAR up-front
in favor of“We’re not opposed to drug testing, but we think that it should be included in collective
bargaining process”or
“This is long overdue”
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Lay your Ground Rules (internal)
1. No hair testing2.Must be scientifically random3. Must have as little room as possible for abuse in all directions4. Must be based on federal testing regulations5. Urinalysis & Breath-Alcohol or Saliva-Alcohol only6. Audits
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1. Hair Testing
No laboratory testing protocols
Confirmed racial bias
Leaves mark on each donor
Detects “use” and not “impairment”
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Hair Testing
Extremely expensive
Rejected by USDOT as suitable testing method
Rejected by DoD as suitable testing method
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2. Must be scientifically random
Clearly established testing rates (25-50%)
Scientifically valid randomization process
No official may have discretion as to selection
Each employee must have equal chance of being selected during each random draw
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3. Must have as little room as possible for abuse in all directions
Notification process must be secure
“Refusal” designations must be clearly written
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4. Must be based on federal testing regulations
Two regulations should be used:49 CFR Part 40 & 49 CFR Part 655
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Must be based on federal testing regulations
Part 40: Describes the required steps and structures for drug testing vendors (collection sites, collectors, Medical Review Officers, etc.)
Part 655: Describes the required steps and structures for the employees and employers
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Must be based on federal testing regulations
The federal regulations provide the best possible structure for a fair program to both sides
Have been legally tested for over 10 years, in every possible manner and angle
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Federal regulations and the PR War
“The city proposal was not strong or thorough enough”
-The City will have a difficult time arguing against the use of a federal structure
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5. Urinalysis & Breath-Alcohol or Saliva-Alcohol onlyUrinalysis and breath-alcohol or saliva
testing are the only testing methods which meet the USDOT accuracy requirements (>10,000)
Equipment requirements are clearly spelled out in the regulations, including calibrations, shipping requirements, reporting time-frames, and verbal verifications
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6. Audits
Demand the right to have the program examined every 1-3 years
Are the collections being conducted accurately, as required by 49 CFR Part 40?
Is the equipment up-to-date?Are the tests being spread fairly across work
shifts, days of the week, and throughout the year?
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The real starting point
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Policy
Two choices:
1. Wait for city draft proposal
2. Submit proposal
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Policy
The written policy is the most important first step
Will be both blue-print and operating manual
Micro-changes: from “the fire department may” to “the fire department shall” will have enormous impact
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Policy
Should be in plain English
Should be professionally evaluated (or, at minimum, checklisted against Part 655 Policy requirements)
Should take language directly from 49 CFR Part 655 when possible
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Policy
Should clearly list refusals
After first year of the program, policy should be heavily dog-eared and notated
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Policy
Random Testing rates:25-50% for Drugs
10% for Alcohol
*Random rates may be incentivized based on negatives
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Policy
Establish only the following types of testing:-Random-Pre-Employment-Post-Accident-Reasonable Suspicion-Return-to-Duty-Follow-Up
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Policy
Self-referrals must not be treated as positive (consistent with federal regulations)
EAP information and rights of employees should also be included
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Policy
Since FTA or other USDOT mode program manager has no jurisdiction, clearly establish remedy for disputes about testing results, etc.
-Revert to language of Policy-Grievance and Arbitration-Industry expert
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Policy
Specify Firefighter exemptions:-Squeeze-throughs
-Full alarms during testing -
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Implementation of the Policy
Establishing vendors
Union and City should agree on criteria
Every single vendor should be considered
Require a TPA (Third-Party Administrator) for randomizations and notifications
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Get the Troops Ready
Circulate the policy to all firefighters and members
Receive and maintain a “policy receipt” from each member
Have a training session, describing the program and the procedures, especially focusing on refusals
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During the Program
If an error or improper procedure is noticed by member, grieve the matter AFTER the collection
Results may be overturned, but a refusal cannot
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Presentation Dedication
Anne, Shauna, Adam, and Brendan Cahill&
Florence, Cheryl, Jonathan, and Jeremy Payne
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Warren J. Payne
Paul J. Cahill
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