Pubdate: Sat, 16 Feb 2002
Source: Tennessean, The (TN)
Copyright: 2002 The Tennessean
Contact:  http://www.tennessean.com/
Details: http://www.mapinc.org/media/447
Author: Sheila Burke, Staff Writer
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

METRO'S DRUG TEST GUIDELINES EXAMINED AFTER FIREFIGHTER'S DEATH

Metro's illegal drug policy, which strives to balance the need to protect 
city employees from false accusations against the need to protect the 
community, is under review, Metro's legal director said.

The review was spurred partly by fire officials saying the guidelines 
prevented them from ordering a test for a firefighter accused by other 
employees of having drugs and paraphernalia in a fire hall. The firefighter 
died Jan. 11 before an investigation was concluded.

Richard Majors was under investigation after reports from fire department 
employees that he had cocaine and a pipe.

An autopsy shows Majors died from high blood pressure and coronary artery 
disease, the Metro medical examiner has said. No illegal substances, 
including cocaine, were found in his system, the examiner said.

Fire officials say wording in the existing policy states that a drug test 
can be ordered only if a trained supervisor observes specific behavior by 
an employee that raises suspicion. A report by other employees is not 
sufficient evidence to order a drug test, fire officials said.

"A sighting alone is not reason enough for the suspicion-based test and 
it's based on personal appearance and performance problems and things like 
that," Assistant Chief Kim Lawson said.

The law, she said, was designed to protect employees from co-workers who 
make false reports of drug possession.

Metro drug testing policy says that drug "tests are ordered when trained 
supervisor observes and documents appearance, behavior, speech or body 
odors of an employee which are characteristic of the use of alcohol or 
controlled substances. Observations may include symptoms of chronic use or 
withdrawal."

Metro Legal Director Karl Dean acknowledged the review, which had been in 
the works for some time, has picked up steam after disclosure of an 
internal fire department investigation of Majors.

Contrary to fire officials, Dean said a test can be ordered based just on 
the sighting of drug materials, depending on the circumstances.

Law department officials want to ensure the community is safe while 
protecting Metro employees from being tested each time a co-worker spreads 
malicious gossip.

"We're going to look at our drug policy to make sure we're doing the very 
best for the safety of the community and for the employees of Metro 
government," Dean said. The department is looking at changing the entire 
drug policy, looking at implementation and training issues, he said.

A local lawyer who represents employees in disputes against employers said 
maintaining the balance between employee and employer rights is key.

"You don't want to be in a position where you are eliminating someone from 
their job because you have an unfounded report," Doug Johnston said.

When specific allegations are documented against employees, it's one thing, 
he said. Forcing employees to take a test with unfounded allegations is 
another.

"You can't just be submitting employees willy-nilly to a drug test based on 
any old rumor," he said. "That's just an invitation to chaos."
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