Running head: FIREFIGHTERS AND FEDERAL DRUG POLICIES

Firefighters and Federal Drug Policies

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FIREFIGHTERS AND FEDERAL DRUG POLICIES

Firefighters and federal drug policies

Introduction
Illegal drug use has become endemic across the United States of America, consequently,
public employers, with sensitive engagement, are testing their employees for drug abuse.
However, while institution like the fire department would like to have drug-free employees, they
must consider the legal implications and obstacles appertaining to their power to carry out the
illegal drug use tests (Fish, n. d.). The Fourth Amendment to the United States Constitution
offers protection to the privacy of citizens against arbitrary and unnecessary intrusions by
government or its representative. Consequently, the fire departments should be sensitive to the
requirements of the Fourth Amendment and carry out drug tests in Compliance with the Law.
Not only must the city fire department and the mayor appreciate the constitutional
obstacles, but they must also deal with states laws, the employees collective bargaining
agreements as well as the arising human resource problems from the testing of drug use. Many
states constitutions offer more privacy protections than availed by the federal constitution,
therefore, the city mayor, in pushing for the new drug testing measures, stands to violate the

FIREFIGHTERS AND FEDERAL DRUG POLICIES

firefighters collective bargaining agreement if the policies that are being lobbied for are not
carefully drafted including any deviation from the established policies (Fish, n. d.). The city
mayor should also be sensitive to the feeling of employees who do not consume drugs because
they are likely to resent such a move. Therefore, the tests should demonstrate special needs for
the tests (Penn, 2014).
The Fire Department Policy on Drug Use
1. The firefighting department recognizes the problem associated with alcohol and drug use
within the community, while also realizing that alcohol and drug dependency can be
controlled or treated. It is further recognized that alcohol and drug use by members of this
department is a threat to the public welfare and the safety of all the members of the
department. Therefore, it is the goal of the new policy to eliminate drug usage through
evaluation, education, and rehabilitation of those affected. The department will not allow
the possession, consumption, or being under the influence of alcoholic drinks or
unauthorized drugs while on duty or when conducting officials business that relates to the
firefighting department.
2. The sale, consumption, possession, and distribution of controlled substances within the
fire department property including vehicles or when carrying out the department business
is strictly prohibited. The violation of this edict will lead to disciplinary actions being
taken on the violator which includes termination of employment. Any employee who is
under prescriptive medicine or is using over-the-counter medication that may impair their
judgment or ability to safely carry out their mandates, or affect the safety of others, must
report to a supervisor such use before undertaking any duties on behave of the
department.

FIREFIGHTERS AND FEDERAL DRUG POLICIES

3. In order help in meeting the objectives of the policy, the fire department shall take a proactive perspective to mitigate the issues of alcohol and drugs addiction and abuse as
follows:
A. Evaluation: there will be on-going alcohol and drug testing in a manner as
prescribed in the policy and procedure that has been developed for this purpose. It
is the, for all intent and purpose, interest of the fire department to avail such
testing so as to meet the benefit to all concerned parties. The testing shall not be
discriminatory and will be done with due concern for the dignity and respect for
all the people concerned.
Education: it is the goal of the fire department to provide enough information to all
employees regarding alcohol and drug abuse and addiction and the negative effects they
have to the individual and the community.
B. Rehabilitation: the fire department will provide any employee who may test
positive or who may come forth on his own volition for advice on the drug or
alcohol problem, with adequate information regarding rehabilitation. However,
the cost of such rehabilitation shall not be borne by the fire department. The fire
department has no obligation whatsoever, to continue with the employment of any
individual whose performance of his job is hampered by the consumption of
alcohol and drugs. The participation in the rehabilitation will not affect future
service, and neither will such participation in rehabilitative program protect an
employee from disciplinary action for consequent poor job performance or rule
infractions.
The Fire Department Testing Policy

FIREFIGHTERS AND FEDERAL DRUG POLICIES

1. New employees may be subjected to alcohol and drug screening as part of the initial
physical requirements. The testing will be completed soon as the job applicant is
offered the job but before they get involved in any official activity within the fire
department.
2. Annual Physicals: alcohol and drug screening may be conducted during the annual
physical testing of the employees. This will be done if the annual physicals are
required for all the employees.
3. Random Testing: unannounced random testing may be conducted on a certain number
of employees every year. The employees will be randomly selected, often by the
testing facility, and not by the fire department through a numbering system to
ascertain that the testing is purely by chance.
4. Post-accident Testing: this policy may require that anyone involved in any accident
should undergo an immediate screening at a prescribed place as well as in the
prescribed manner.
5. Reasonable Suspicion: the determination for reasonable suspicion will be based on
the clear observations of a manager with the requisite training needed for such a
judgment or clearly, specifically stated observations concerning the behavior,
appearance, body odor, or the speech of the employee. Reasonable suspicion may also
include an arrest or conviction of alcohol or drug related offence, or the employee has
been identified for criminal investigation into drug possession, trafficking or
consumption. Before taking the test, reasonable suspicion should be documented and
bear the confirmation of a second party.

FIREFIGHTERS AND FEDERAL DRUG POLICIES

6. Return-to-duty: drug and alcohol testing might be required for any employee who
may have had sanctions taken against them for alcohol and drug abuse before they
can resume their duties.
Testing for alcohol and drug usage should never be requested at a managers discretion,
through mass testing, or because an employee has been promoted.

References
Fish, D. (n. d.). An analysis of firefighter drug testing under the fourth amendment. Retrieved
from: https://www.firefightersabcs.com/files/FirefightersDT&FourthAmendment.pdf
Penn, C. (2014). Substance testing in the fire service: making public safety a matter of national
policy. Retrieved from: https://www.google.co.in/url?
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