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Final Report of the Boston Fire Department Review Commission 7 Drug Testing 7.1 Introduction Table of Contents Introduction 1.1 A Personal Note from the Boston Fire Department Review Commission 1.2 Members of the Boston Fire Department Review Commission 1.3 Background of the Commission 1.4 How the Commission Gathered Information 1.5 Recommendations 1.6 Acknowledgments Culture and Leadership 2.1 Introduction 2.2 Environment 2.3 Communication 2.4 Confidence 2.5 Recommendations Discipline 3.1 Introduction 3.2 Application and Enforcement 3.3 Accountability 3.4 Training 3.5 Culture 3.6 Recommendations Supervision and Training 4.1 Introduction 4.2 Supervision 4.2.1 The "Acting List" and Acting Out of Grade 4.2.2 Schedule 4.3 Training 4.3.1 Senior Management Training 4.3.2 Supervisory and Station Level Training 4.4 Recommendations Department Administration 5.1 Introduction 5.2 Commissioner and Chief of Department 5.3 Senior Management 5.4 Community Firefighting 5.5 Equipment and Training 5.6 Capital Planning 5.7 Fire Station Inspection and Maintenance 5.8 Technology 5.9 Physical Fitness and Wellness Programs 5.10 Equipment Maintenance 5.11 Recommendations Personnel and Human Resources 6.1 Introduction 6.2 Discriminatfon and Sexual Harassment 6.3 Department Composition 6.3.1 Fire Alarm and Construction Division 6.3.2 Recruitment and Gender Representation 6.4 Promotions 6.5 Education 6.6 Injuries and Disability 6.6.1 Supervision and Accountability 6.6.2 Modified or Light Duty 6.6.3 Disability Retirement 6.6.4 Annual Physical Examinations 6.7 Recommendations Drug Testing 7.1 Introduction 7.2 Current Procedures 7.3 Substance Abuse and Discipline 7.4 Recommendation Resource Allocation 8.1 Introduction 8.2 Marine Unit 8.3 Existing Fire Brigade at Long Island 8.4 Fire Alarm Call Boxes 8.5 Recommendations Implementation and Planning 9.1 Introduction 9.2 Chief of Planning and Technology 9.3 Chief of Administration 9.4 Chief of Operations 9.5 Accreditation and Strategic Planning 9.6 Recommendations Summary of Recommendations 10.1 Introduction 10.2 Culture and Leadership 10.3 Discipline 10.4 Supervision and Training 10.5 Department Administration 10.6 Personnel and Human Resources 10.7 Drug Testing 10.8 Resource Allocation 10.9 Implementation and Planning One senior Department official noted that "the concept of an impaired driver operating a ladder truck through the City at great speeds is frightening." This statement summarizes the fear of many that firefighters are not properly tested for drug and alcohol use. To its credit and foresight, the Boston Firefighters Local No. 718, International Association of Firefighters, AFL-CIO was among the first such unions in the country to agree to drug testing among its ranks. This continued leadership and support is critical as the Department continues to tackle this difficult issue. The Commission finds that a number of the legitimate disciplinary cases involving members of the Department are related to substance abuse. As such, an expanded system of drug testing of all members of the Department would serve a two-fold benefit to the Department and the citizens. First, detection of substance abuse can lead to appropriate treatment and enable the Department to retain otherwise qualified individuals in need of substance abuse treatment. Second, the abuse of controlled substances by any member of the Department is inconsistent with the duties and obligations of a firefighter. The danger to fellow officers and to citizens far outweighs the individual privacy rights of the individual firefighter. 7.2 Current Procedures The Department may currently test for drugs only in the matter of reasonable suspicion. The testing that does occur is by urine sample. Such a limited scope for testing of public safety personnel is insufficient to prevent dangerous or deadly situations for members of the Department and citizens of the City. The Department should consider methods currently in place elsewhere, such as the Boston Police Department. 12 Simply stated, substance abuse is incompatible with membership in the Boston Fire Department. The role of firefighter is too critical to allow an impaired member of the Department to continue to serve in the field. Procedures must be in place to insure that substance abuse is identified in advance of problems in the field. 7.3 Substance Abuse and Discipline The Commission finds that there exists a direct correlation between disciplinary problems and substance abuse. Without expanded drug testing, supervisors are hampered in their efforts to remove suspected substance abusers from the field before unfortunate situations occur. Further, firefighters with substance abuse issues cannot be helped if they cannot be identified. Reasonable suspicion for a drug test is raised usually because something went wrong. For example, for the three-year period between September 1996 and September 1999, there were twenty-five substance related formal departmental charges filed- Violations of the Department's rule prohibiting substance use while on duty was the most frequent offense reported. Such figures suggest that expanded drug testing may reveal higher numbers of substance abuse within the Department. The Commission recognizes the difficult privacy issues raised by drug testing but finds that these issues pale in comparison to the dangers to fellow firefighters and to citizens when a substance abuser is permitted to continue to serve in the field. Management and Union should prioritize this issue in the context of collective bargaining. 12 See Boston Police Department Rules and Procedures, Rule I 11, Appendix D 7.4 Recommendation The Commission endorses an expanded system of drug testing of all uniformed Boston Fire Depanrment personnel and suggests that this important issue be addressed in collective bargaining.

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