MILFORD, Conn. -- The debate over random drug and alcohol testing in fire departments across the nation can become as intense as the infernos they fight.
In Milford, the Board of Fire Commissioners is pushing for the department and the union to implement random drug and alcohol testing.
Both sides are in the midst of contract negotiations. Fire departments that have a random drug and alcohol testing policy are sporadic throughout the state. However, the number of fire departments taking a closer look at implementing the policy is increasing, said West Haven (Center District) Fire Department Chief James O'Brien.
One of the biggest reasons for the change came because testing has become much more accurate over the years.
"False-positives are now a rarity instead of a common occurrence," he said.
The West Haven Fire Department tests for reasonable suspicion, but not at random.
In addition, the mindset of firefighters has changed over the years. Older generations of firefighters typically viewed the tests as intrusive.
"Now they say, 'I don't want the guy next to me on drugs and alcohol,'" O'Brien said.
Milford fire commissioners say they have been pushing for testing for years.
"I'd like to implement it tomorrow," said Bill Brennan, a Milford fire commissioner. "It's a liability to the city."
"I'm in the construction business, and I have it for my people," he added. "I think it's necessary."
Both Milford Fire Chief Louis LaVecchia and Fire Union President Michael Dunn said they weren't able to discuss the issue due to the confidential nature of the collective bargaining negotiations.
One of the most publicized episodes of the debate over testing involved the Boston Fire Department, which implemented random tests in September 2010.
Collective bargaining discussions between the city and the fire union were stalled in 2007 until it was publicly announced that two firefighters who died while fighting a fire had drugs and alcohol in their systems, according to Boston.com. One had a blood-alcohol content level of 0.27, and the other had traces of cocaine in his system.
Wallingford Fire Chief Peter Struble said he fears it would take a catastrophe involving firefighters using drugs or alcohol on duty before the issue is debated at a statewide level. Struble is also a part-time instructor in the fire science program at the University of New Haven.
"At the end of the day, it's still the supervisor's job to make sure everyone is fit for duty," he said.
Ansonia Fire Department's all-volunteer force doesn't have random testing.
Chief Ron Burgess said he would be in favor of a random testing policy, but the cost of testing the 300 active volunteer staff would be a financial burden for the department.
The best way to implement statewide random testing for drugs and alcohol in fire departments would be to model the process after state Department of Transportation regulations, Struble said.
"If they try to do something new, the fear would be that there would be a mess," he said, referring to how years of testing for CDL drivers have worked out most of the kinks in the testing and regulation process.
Branford and New Haven's fire departments have random drug and alcohol testing policies. Individual results are confidential.
"I don't see any drawbacks for either the firefighter or the employer," said New Haven Fire Chief Michael Grant.
A minimum of half of all employees in the New Haven Fire Department, who perform safety-sensitive functions, are randomly tested for drugs and alcohol annually. Those caught with drugs or alcohol in their system are taken off duty and have the option to enter into a substance abuse counseling program.
Firefighters don't receive normal pay and have to use personal or sick days while in the program, Grant said. They can return to duty after completing the program.
"It's a benefit," Grant said about allowing firefighters to return after substance abuse counseling. "It's (substance abuse) an illness and that's how we treat it."
The department has a three-strike policy; three positive tests result in termination. Violations of the policy are removed from an employee's record 10 years after the date of the violation.
Branford Fire Chief Jack Ahern said the random testing policy has been a boon to the department.
"It definitely keeps the guys on their toes," he said.
Branford's department mostly uses the policy for its 35 career firefighters. However, members of the 50-volunteer force are also occasionally randomly tested, Ahern said.
There wasn't much of a catalyst for starting a discussion on the issue, Ahern said. The department's insurance company suggested they work it into the collective bargaining agreement.
The fire union agreed with the idea, and most of the debate focused on designing the policy, he said.
Testing is random. The personnel department gives the fire department a sealed envelope with about five firefighters' names per month. Firefighters are then taken to the Hospital of Saint Raphael for the test, which is witnessed by an assistant chief.
Firefighters may also be tested for suspicion and after an accident, Ahern said.
"The biggest benefit I can see is the liability for an at-fault accident," he said. "At least we have paperwork to go back on."
Wallingford's fire department can mandate drug and alcohol testing pre-employment and for reasonable suspicion. The policy was implemented in a collective bargaining agreement in the 1990s for paid staff and was later implemented for volunteers about 12 years ago, Struble said.
To his recollection, an incident with drugs or alcohol got both the fire department and the fire union to discuss the policy.
"It got everyone at the table," he said.
Reasonable suspicion in the Wallingford Fire Department can range from the obvious, such as smelling alcohol on someone's breath, to odd behavior, he said.
Obvious cases automatically warrant a test. For other cases, the commanding officer has the outside resource of a substance abuse counselor he can call if there is a question as to someone's sobriety.
A firefighter could refuse the test, but then he or she would be subject to disciplinary action, up to and including termination, Struble said.
Those who accept and test positive have the option to go to in-patient treatment without penalty. Another incident would result in disciplinary action, including possible termination.
Under federal law, nearly everyone who has a commercial driver's license (CDL) has to be tested for drugs and alcohol pre-employment, post-accident, for reasonable suspicion and at random, according to the U.S. Department of Transportation Federal Motor Carrier Safety Administration.
Any breath alcohol test over 0.04 percent is over the limit.
Most active military personnel performing military duties are exempt from CDL regulations, including testing, under federal law. States also have the option to exempt a number of other groups, including firefighters.
Firefighters in Connecticut don't have to have a CDL to operate a fire vehicle. The state has a "Q" endorsement to operate fire vehicles that weigh more than 26,000 pounds.
Still, those with a "Q" endorsement aren't required to take drug and alcohol tests, Struble said.
One of the reasons the state decided to take the CDL exemption was because compliance with the policy can be expensive, said state Fire Administrator Jeffrey Morrissette.
"Many fire chiefs were adamant that there was some level of administration even though there was an exemption," Morrissette said.
Milford Fire Commissioner John Healey said the public expects its paid firefighters to be "ready, willing and able to go" respond to an emergency when on duty.
"It will add value to the integrity of personnel carrying out responsibilities," Healey said, adding that he hopes the fire union would want to implement the policy.
"They would look kind of silly if they said they don't want it," he said.
Copyright 2012 - New Haven Register, Conn.
McClatchy-Tribune News Service
