Pubdate: Sat, 06 Oct 2007 Source: New York Times (NY) Copyright: 2007 The New York Times Company Contact: http://www.nytimes.com/ Details: http://www.mapinc.org/media/298 Author: Ralph Blumenthal and Katie Zezima Note: Reporting was contributed by Al Baker, Michele Bolton, Kristi Ceccarossi, Brenda Goodman, Sean Hamill and Carolyn Marshall. Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) FIREFIGHTERS' DEATHS ADD TO PRESSURE FOR DRUG TESTS Long before he died in a restaurant blaze with another Boston firefighter in August, there were signs things were not going right for Paul J. Cahill. Stopped in his car in July 2005, Firefighter Cahill refused to take a Breathalyzer test and was convicted of drunken driving. His license was suspended for 225 days. Now, with accounts that an autopsy showed a high alcohol level in Firefighter Cahill's blood and traces of cocaine in the blood of a fellow firefighter, Warren J. Payne, who also died in the fire, officials are looking for ways to break a long stalemate and start mandatory random drug testing throughout firefighters' careers. Among major cities, Boston has been a notable holdout in such programs, fire officials around the nation said. In New York, 6,354 firefighters, more than half the department, have been randomly tested since 2004, with 24 testing positive. Under a zero-tolerance policy, all who test positive are immediately discharged, Fire Commissioner Nicholas Scoppetta said. Firefighters have voiced anguish over the Boston reports. "Let's not forget these guys were heroes," Chief Gary G. Cassanelli of Springfield, Mass., said. "My sense is, regardless of this, they would have been killed in that fire. Let's hope management and labor unions can sit down and say, 'What can be done to make sure we don't see this again?'" A spokesman for the Boston Fire Department, Scott Salman, said that a valid driver's license was a job requirement and that firefighters were supposed to show supervisors valid licenses each month and report any arrests. It does not appear that Firefighter Cahill, 55, did so. On the night of the fire, he called work to say he would be two hours late and then responded to the fire within an hour of arriving, Mr. Salman said. A Fire Department commission has been investigating the blaze at the Tai Ho Chinese restaurant, on Aug. 29, including whether anyone saw Firefighter Cahill intoxicated and whether his condition and that of Firefighter Payne, 53, may have contributed to their deaths. "That is something that I am sure they are looking into," Mr. Salman said. An independent report in 1999 recommended that the department expand drug testing, saying testing based on suspicion of use is "insufficient to prevent dangerous or deadly situations for members of the department and citizens of the city." Officials have been stymied in efforts to expand the testing, because changes require approval through collective bargaining and being made part of the union contract. Firefighters are negotiating with the city, and it appears almost certain that expanded drug testing will be on the table. All Boston firefighters have to take pre-employment drug tests and are subject to random tests in their first year. After that, they are tested only if suspected of using drugs and alcohol. The department said yesterday that 159 members, or 10 percent of the force, had been referred for drug and alcohol tests since 2004. Twelve have been fired or resigned. This year, 40 have been tested, and three have resigned because of positive tests, Mr. Salman said. Bostonians have reacted sharply. Juli Hauck, owner of Comella's restaurant in the West Roxbury neighborhood where the firefighters worked, said the station was a "living memorial." She said the autopsy details should have remained private. "People here are on the defense now," Ms. Hauck said. "They want to remember these guys as heroes." Policies are tougher in other cities. In New York, Mr. Scoppetta started zero tolerance for drug abuse on Aug. 16, 2004. "The message is, 'You can't use drugs or drink on the job, while doing this very dangerous job,'" he said. Six days a week, officials use a computer to select firehouses randomly and, without notice, visit at least one of them to test all firefighters and officers at work there. All members are subject to urine tests. "If someone tests positive, they will be terminated," Mr. Scoppetta said. Officials in Chicago, Cincinnati, Cleveland, Minneapolis, Philadelphia and Pittsburgh said they could not recall any instances in which a firefighter died on duty and was later found to have been impaired. In Cincinnati, Assistant Chief Mike Kroeger said his department signed a contract a month ago that includes random drug and alcohol testing for its 820 firefighters. The department can test up to 200 employees, with a maximum of 80 tested for alcohol and a maximum of 120 for drugs. Chief Kroeger said the random testing was put in the contract after an off-duty firefighter who was driving drunk killed a person in an accident in December. The union did not fight the provision, he said, because "both sides knew it was something that had to be done." Deputy Chief Joey Addie of the Montgomery, Ala., Fire Department, with 452 members, said firefighters were tested when hired, promoted and injured on duty. They are also randomly tested. A computer picks names, and "a chief sends a car to start picking them up," Chief Addie said, adding, "They never know when it's coming." San Francisco, with 1,800 firefighters, began random testing in 2005, hiring a contractor, said a spokeswoman, Lt. Mindy Talmadge. "There had been some incidence of substance abuse by members of the department prior to the policy," Lieutenant Talmadge said. "They were handled on a case-by-case basis." "The union," she said, "did not want disparate treatment of firefighters, and the administration did not want to be accused of that." Many smaller cities have not seen the need for random testing, officials said. In Springfield, Mass., officials can call for a drug test if they suspect a firefighter is abusing drugs or alcohol on the job. "We'll stand behind a zero-tolerance policy," Chief Cassanelli said. "Police and firefighters are held to a higher standard. As well they should be." In Chicago, officials draw 20 names a day for random tests. On average, all 5,000 department members are tested, and "about 1 percent are hot," a spokesman, Jerry Langford, said. Last year, Mr. Langford said, five firefighters were dismissed or resigned because of substance abuse. "It's working," he said. "There was resistance in the beginning. But now, the union's on board. It's a fact of life and part of the job. Our goal is not to get rid of people. Our goal is to rehabilitate people who may have a problem." - --- MAP posted-by: Richard Lake