Drug Free Work Environment

Recommendations 7

• R1

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  A Department of Occupational Health and Safety pre-employment positive drug test should preclude an applicant from applying for any county posit- ion for at least one year. An applicant’s positive test result should be avail- able to other county departments for reference.
• R2

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  DOH should coordinate with the City of Los Angeles Department of Person- nel in negotiating for drug testing contractors. Utilizing the same contract- ors may result in significant cost savings. Los Angeles Sheriff Risk Management Los Angeles County Sheriff’s Department (LASD) has 10,000 sworn officers and 8,000 civilian employees. Random drug testing began in 1993 with all ranks tested, as well as civilian personnel who handle drug evidence. The CGJ reviewed the LASD drug testing procedures. Random selection of an employee to be tested has a number of thorough steps. Each step protects the employee’s privacy and rights. The results are revealed only to the supervisor when a test is positive. In the final step, a Medical Review Officer interviews the employee to determine if any reason for the positive result may have been overlooked. When there is no further choice or doubt, the supervisor initiates disciplinary action or termination. Refusal to submit to testing is cause which merits the same action. Steroid testing is not deemed necessary. Alcohol abuse is not randomly tested; possible abuse is referred to Internal Affairs. In the matter of an off-duty DUI or domestic violence incident, when alcohol is a factor, the arrest information is published (without using their name). A first offender is offered counseling and is subject to fifteen days off without pay. Cost for tests is $10. The Memorandum of Understanding (MOU) states that no personnel below the rank of Sergeant may conduct random testing. The 2003 budget crisis forced the Department to eliminate testing teams. In 2005, the Department hired retired Sergeants under a 120-day program to administer random drug tests. Presently random drug testing is not being conducted. 2009-2010 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 33 RECOMMENDATION
• R3

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  LASD Risk Management Department should resume random drug testing. Los Angeles County Fire Department Although the CGJ met with the managers of the Los Angeles County Fire Department, the managers were reluctant to provide information regarding their policy procedure and drug testing statistics. Los Angeles County Probation Department The Department of Probation (DOP) has 6,100 budgeted positions of which 4,000 have peace officer status. Pre-employment drug testing began in 2007, however random drug testing of Deputy Probation Officers with peace office status along with other key DOP personnel are not currently conducted. Since August 2007 there have been eighteen individuals charged with possession of controlled substances resulting in: • 12 employees discharged • 2 offenders suspended • 3 pending performance management review • 1 unknown disposition There is a DOT requirement to test transportation/drivers employed by DOP. The Department utilizes the DOT guidelines to test transportation/drivers. Implementation of random testing DOP employees would be a collective bargaining issue. DOP negotiates with two unions consisting of three bargaining units. To date the unions has not agreed to random testing. A probation employee arrested for drug use anywhere at any time is subject to investigation and possible termination under the zero tolerance policy.
• R4

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  Department of Probation (DOP) key employees should be randomly tested. This would include Deputy Probation Officers who are considered safety of- ficers and should be held responsible and accountable as are the Police, safe- ty Police and Sheriff’s Officers. In addition, permanent county employees of residential detention centers and services should be randomly tested. County of Los Angeles Safety Police The Los Angeles County Office of Safety Police (OSP) is scheduled to merge with the Sheriff’s Department in June 2010. Currently there are 596 sworn officers, 70 civilian and approximately 1,100 contracted employees. OSP provides policing staff for: 2009-2010 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 34 • Board of Supervisors • Chief Economic Office • Registrar Recorder • Department of Public Social Services • Department of Children and Family Services • Department of Health Services • Department of Mental Health • Department of Parks and Recreation • Department of Probation All employment candidates are drug tested. Random drug testing procedures mirror those of the Sheriff’s Department. The OSP also manages a public Hotline. This Hotline is for the public and employees to anonymously report suspected fraud, job abuse, drug abuse as well as malfeasance of vendors, managers, or contractors. OSP is required to report the complaints to the appropriate department for investigation.
• R5

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  The Los Angeles County Office of Safety Police (OSP) public Hotline should be integrated into the Sheriff’s Department and continue to function. Develop and maintain a categorized log of all calls. Initiate a county wide awareness pro- gram relative to the ability of the Hotline to anonymously report job related abuses. Office of the Auditor Controller The Auditor Controller staff also maintains a free County Fraud Hotline which receives allegations of fraud, drug/alcohol abuse and other complaints pertaining to county employees, managers, contractors and vendors. Allegations are also submitted and received by mail as well by walk-in contact. Each allegation is logged, a report is submitted or referral sent to the appropriate department for investigation and resolution. If a complaint is criminal in nature, the law enforcement agency of jurisdiction is contacted to investigate and adjudicate.
• R6

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  The Office of Auditor-Controller should develop a policy/procedure manual to categorize, maintain statistical records of complaints, communicate to all 2009-2010 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 35 agencies the availability of the Hotline, publicize the Hotline number and stress the assurance of confidentiality. CITY OF LOS ANGELES FINDING City of Los Angeles Department of Personnel The City of Los Angeles Department of Personnel manages approximately 45,000 employees. There is mandatory pre-employment drug testing for Police, transportation/drivers, Airport Police, Harbor Police and Medical Personnel. A prospective employee who fails a pre-employment drug test may apply for a different position. There is no automatic preclusion from employment. Commercial vehicle drivers fall under DOT rules for testing. DOT requires yearly random testing of 50% of the 3000 commercial drivers. The City uses five clinics for testing and drug tests have a twenty to forty-eight hour turn around. Cost to the City is approximately $13 per test. Testing is conducted by breath or urine specimens; rarely is blood drawn. Individuals who fall under reasonable suspicion are immediately placed on suspension, seen by a doctor and excused for the balance of the day. Human Resources Department (HRD) is contacted to confirm the results. An employee who has tested positive may not return to duty until cleared by the Medical Review Officer (MRO). The MRO requires the employee to complete counseling and/or rehabilitation. Upon returning to duty, the MRO will schedule up to three follow up random tests. A subject’s refusal to be tested is deemed to be the same as a positive test result.
• R7

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  The Los Angeles City Department of Personnel should collaborate and share contract information with other agencies including the County of Los Angeles to utilize the same drug testing facilities as a possible cost saving measure. Los Angeles Police Department The Los Angeles Police Department has approximately 10,000 officers. Officers are tested up to six times per year during their one year probationary period,. Permanent officers below the rank of Captain are subject to random testing three times per year. Officers testing positive are referred to a Board of Review and may be terminated. Since 1991 sixteen officers have been terminated. If an officer voluntarily informs the department of an addiction or other drug use related problems, he/she will be eligible for the Employee Assistance Program. Participation is confidential and the department cooperates and encourages the employee’s rehabilitation. The employee is allowed to use sick time and other available accrued time during the rehabilitation period. The drug testing procedures for probationary and permanent employees follow a very strict protocol to assure a drug free workplace. 2009-2010 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 36 Los Angeles City Fire Department After numerous attempts by the CGJ to schedule an information gathering meeting, Los Angeles City Fire Department failed to respond. FORENSICS COMMITTEE MEMBERS Chairperson- H. Russell Justice Carolyn Cobb Ray O’Keefe 2009-2010 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 37 FORENSICS