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Employee Drug Testing Kits for Firefighters
A lawsuit filed against the city by the firefighter union over drug testing was officially settled Tuesday night during the Flagstaff City Council meeting.
In a unanimous vote, the four councilmembers present approved the changes made to the city's drug testing policy that was hashed out in the wake of the union's lawsuit filed early this year.
The lawsuit, filed by United Flagstaff Firefighters Association, IAFF Local 1505, was a response to the city's policy that was rewritten in November 2004. The city rewrote its policy after firefighters in Mesa won a suit alleging that city's policy was unconstitutional based on random and suspicionless drug testing.
The rewritten annual drug testing of public safety Flagstaff policy includes employees such as police officers and firefighters.
As the firefighters and policemen are always in connection with public, and they operate huge vehicles of their job, and also they usually have to work under very dangerous conditions, they are supposed to be totally awake and fresh when they are on the job that is because the safety of common.
For a police officer, the annual drug testing schedule is anytime within 90 days of his or her hiring date, or a six-month window. (continues below...)
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Firefighters, however, sought a narrower window. At issue, based on the original court filing, was the possibility of random, suspicionless testing the policy appeared to offer. The union never contested the appropriateness of drug testing in the event of reasonable suspicion by a superior or in the event of an accident in a city vehicle.
The city consistently maintained the policy was constitutional.
The Coconino County Superior Court judge hearing the case ordered the parties into mediation. In the end, the suit was settled with certain changes made to the city's policy.
Language was included in the policy to state that firefighters would be tested once a year within a two-week window after receiving 30-days' advance notice, which the city's attorney said was already in place -- just not specified in the policy.
Additionally, according to the city's attorney, was to include the availability of a "split sample." A split sample means to take two samples out of one in the event of a "positive" result to allow review by a separate doctor.
The new policy also affords confidentiality of test results, which cannot be released unless required by law.
Each party pays its own attorney fees, and neither side admits wrongdoing in the matter.
Source: Arizona Daily Sun - Flagstaff,AZ,USA
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