Drug Urinalysis Screening Program - Honolulu Police Department

I. It is the policy of the department to prohibit
the illegal or unauthorized use of any controlled drug/
substance. Prohibited drugs include all dangerous,
harmful, and detrimental substances, marijuana,
hallucinogens, and prescription drugs not properly
prescribed for medical use.

II. Urinalysis tests shall be administered to police
personnel who are engaged in extremely hazardous work or
duties that present an immediate and substantial risk to
the safety and health of the public.

III. All regular and probationary officers shall submit
to urinalysis tests.

IV. All urinalysis test analyses shall be guided by
the thresholds specified in the current collective bargaining agreement.
DEFINITIONS

A. Collective bargaining agreement: The current
contract between the department and the State of Hawaii
Organization of Police Officers, which spells out
policies, practices, and procedures pertaining to
the drug urinalysis screening program.

B. Commander: The officer in charge of a division-level element.

C. Officer: A member of any metropolitan police
classification or helicopter pilot.

1. Regular officer: An officer who is not on initial probationary status.

2. Probationary officer: An officer who is on initial probationary status.

D. Police personnel: All officers and reserve
officers of the Honolulu Police Department.

1. Regular police personnel: All officers and
reserve officers who are not on initial probationary status.

2. Probationary police personnel: All officers
and reserve officers who are on initial probationary status.
PURPOSE OF PROGRAM

The department’s drug urinalysis screening program
is designed to detect the use of dangerous, harmful,
and detrimental substances, hallucinogens, and marijuana.

RESPONSIBILITIES

A. The Human Resources Division (HRD) commander or designee shall:

1. Coordinate, control, and maintain the drug
urinalysis screening program to ensure that it is
administered in a fair and equitable manner;

2. Ensure that all elements comply with the
drug urinalysis screening program;

3. Maintain a file of all reports and correspondence
relating to the drug urinalysis screening program;

4. Promptly report to the Chief of Police all
test results that are confirmed positive;

5. Notify the commander of the Professional
Standards Office (PSO) to initiate an investigation
of personnel with confirmed positive tests;

6. Submit to the PSO the completed reports on
those personnel who fail to submit a clinically viable
specimen or fail to appear for a urinalysis test;

7. Notify the appropriate element commander of
any confirmed positive test results;

8. Coordinate the drug treatment program and
follow up testing for officers assigned to the
Required Test Levels B(2) and B(3); and

9. When termination has been recommended by
the Administrative Review Board (ARB) and approved
by the Chief of Police, initiate predetermination
meeting procedures in accordance with civil service rules.

B. The commander of the PSO shall:

1. Ensure that all urinalysis test sites are
monitored, excluding the test sites for officers
assigned to the Required Test Levels B(2) and B(3);

2. Investigate personnel with confirmed positive urinalysis tests.

a. Investigations shall be completed expeditiously.

b. Results of the investigations shall be reported to the ARB; and

3. Review all investigative reports on personnel
who failed to submit a clinically viable specimen or
failed to appear for a urinalysis test and forward
these reports to the ARB via the deputy chief.

C. The ARB shall:

1. Meet to review the investigative findings of the PSO;

2. Make recommendations to the Chief of Police for appropriate action; and

3. If termination is warranted, refer the case to
the HRD for a predetermination meeting.

D. Element commanders or their designees shall:

1. Ensure that all police personnel under their
command comply with the drug urinalysis screening program;

2. Upon notification of a scheduled urinalysis
test, assign a divisional coordinator to assist the HRD test site commander;

3. Promptly report all instances of noncompliance to the HRD commander;

4. Initiate an investigation for violation of
directives if an employee fails to take or appear
for a urinalysis test and forward the completed report
to the PSO for review; and

5. Upon notification of a confirmed positive test result:

a. Notify the employee of the confirmed positive test result; and

b. Place the employee in a duty status consistent
with the provisions of the collective bargaining agreement.

TEST GROUPS

All police personnel are divided into five groups
for the drug urinalysis screening program.

A. Required Test Level A

The following police personnel shall submit to urinalysis tests on a regular basis:

1. Personnel assigned to the PSO;

2. Personnel assigned to the HRD; and

3. Personnel assigned to the Intelligence Enforcement Unit.

B. Required Test Level B

The following police personnel shall submit to frequent urinalysis tests:

1. Personnel assigned to the Narcotics/Vice Division;

2. Personnel assigned to Crime Reduction Units;

3. Regular police personnel who fail to submitto a
urinalysis test administered to the group to which they are assigned;

4. Regular police personnel with a first confirmed positive test result;

5. Helicopter pilots and observers;

6. Canine handlers, improvised explosive devices
team members, and special weapons and tactics team members; and

7. Probationary police personnel.

C. Random Assignment Test Level

1. All regular police personnel who are not in
the required test levels shall be grouped according
to assignment and submit to urinalysis tests on a regular basis.

2. Groups shall be selected for testing by means
of a computerized, random selection program that is
maintained and secured by the Human Resources Officer.

D. Mandatory Test Level

In addition to random testing, all officers not
subject to required testing shall be subject to
mandatory testing as outlined in the collective bargaining agreement.

E. Discretionary Test Level

A commander at the division level or above may require
drug testing for any group under his or her command.
Whenever such a discretionary test is required, the
commander and all managers and supervisors in the
chain of command leading to that group shall also be tested.

F. Repetition of Tests

Each type of drug test (required, random, mandatory,
and discretionary) is separate and distinct, and the
application of one type of test to an officer shall
not preclude the application of another type or the
same type of test to that officer. However, in no
event shall an officer be subjected to more than four
random, mandatory, and/or discretionary tests in one fiscal year.

TESTING PROCEDURES

A. Assignment of Test Level

1. The Administrative Bureau chief shall:

a. Coordinate urinalysis testing for Required
Test Level A personnel with the deputy chief and
then notify the HRD commander to conduct a test within 48 hours; and

b. Have the HRD commander or designee notify the commander of the PSO.

2. The HRD commander or designee shall:

a. Coordinate urinalysis testing for all other test level personnel;

b. Determine the date and test level group for testing.
A computerized selection program will be used for the random
assignment test level;

c. No earlier than 48 hours before the test time,
coordinate the urinalysis test with the element commander
or second in command;

d. Notify the PSO to report to the group’s work site at the designated time;

e. Notify the drug testing laboratory to conduct the
specimen collection and drug urinalysis;

f. Notify a union representative of the test.
Union representative(s) may observe the on site testing process;

g. Secure restrooms for personnel in the test group;

h. Control the master log and control numbers at the collection site; and

i. Maintain the supplies and materials (control logs,
personnel identification numbers, specimen labels, and
personnel duty rosters).

3. The element commander or designee shall:

a. Appoint a coordinator to assist the HRD test site commander;

b. Ensure that the on-duty personnel in the test
group report for the specimen collection; and

c. Initiate an investigation if anyone from the
designated group fails to submit a clinically viable
specimen or fails to appear after being notified.

4. The PSO shall:

a. Monitor the drug urinalysis screening procedures;

b. Review completed reports on those personnel who
fail to submit a clinically viable specimen or fail to appear for testing; and

c. Forward the completed investigation reports to
the ARB via the deputy chief.

B. Testing Time Period

1. All test level personnel who are on duty at
the time the test is announced shall report to the
test site and submit a clinically viable specimen
within the scheduled four-hour period. The four-hour
period shall commence upon announcement of the
testing as recorded in the date/time column of the
notification report form.

2. An employee who does not submit a clinically
viable specimen within the scheduled four-hour period
shall notify the HRD test site commander or the element
commander (or designee) of the reason(s) for noncompliance.

3. The HRD site commander may extend the four-hour
limit when mitigating and/or extenuating circumstances
exist (e.g., emergency call-out, traffic fatality,
hostage/barricade incident, etc.).

4. The announcement to report for testing may
be made by any means; this includes, but is not limited
to, the following:

a. Announcement at lineup or briefing by the
divisional coordinator (watch commander, unit leader,
etc.) or HRD commander or designee; or

b. Any means of telecommunication (e.g.,
Communications Division, mobile data computer,
telephone, cellular telephone, pager, etc.).

5. The divisional coordinator or HRD commander
or designee who made the announcement of the test
shall ensure that the notification report form is properly completed.

C. Split Specimen Collection

1. Each testee shall submit one specimen,
which shall be split into two samples.

2. Both samples will be turned over to
laboratory personnel of the certified screening laboratory.
FAILURE TO SUBMIT TO URINALYSIS TESTING

A. Regular and probationary police personnel
shall submit to the urinalysis testing. Failure
to submit to the testing in any way, including
(but not limited to) the following, is prohibited:

1. Failure to take a test, either by statement or action;

2. Failure to sign appropriate forms as required;

3. Failure to report for a scheduled appointment
to provide a clinically viable specimen;

4. Failure to report to the collection site in the time allotted;

5. Failure to provide a clinically viable specimen
within the four-hour time period without a valid medical
explanation or approval of the site commander; or

6. Failure to cooperate or comply with the assigned
test site personnel, substance abuse professional,
or medical review officer.

B. Disciplinary Action

The following shall apply if an employee fails to submit to a urinalysis test:

1. The HRD commander or designee shall notify
the employee’s element commander or designee;

2. The element commander or designee shall place
the employee on leave in accordance with civil service rules;

3. The element commander or designee shall initiate
an investigation for violation of directives and forward
the completed report to the ARB via the PSO and the deputy chief; and

4. If the ARB finds clear and convincing evidence
that a violation has occurred, the Chief of Police may terminate the employee.
FIRST-CONFIRMED, POSITIVE TEST RESULT

The following shall apply when there is a
first-confirmed, positive result on a urinalysis test:

A. Regular Police Personnel

1. The HRD commander or designee shall
notify the Chief of Police, the commander of
the PSO, and the employee’s element commander
or designee. Information about any positive
test result shall be restricted and confidential;

2. Any prescription drug found during a
test shall be verified by the testee’s prescribed
drug container or a letter issued by the licensed
physician of record. The verification will be made
by the medical review officer designated under
the collective bargaining agreement;

3. When the employee is unable to provide
documentation for the use of a prescription drug
or when an illicit drug is found in the first-
confirmed, positive test result, the employee’s
element commander or designee shall proceed in
accordance with the following sections:

a. The employee’s element commander or designee
shall notify the employee and place him or her in a
duty status consistent with the provisions of the
collective bargaining agreement;

b. Upon order by the Chief of Police or a
designee, the employee shall surrender his or
her badge, issued firearm(s), police identification,
access card, blue light, and radio(s), as applicable;

c. The PSO shall initiate an investigation of
the employee and forward the results to the ARB via the deputy chief;

d. After the investigation, administrative
review process, and concurrence by the Chief of
Police, the HRD commander or designee shall
instruct the employee to immediately enter one
of the drug/substance abuse treatment programs
approved by the department;

(1) The employee shall be responsible for
paying all expenses of the treatment program.

(2) All disciplinary action attendant to
the first positive test result shall be held
in abeyance as long as the employee makes
satisfactory progress in the treatment program.
Disciplinary action attendant to the first positive
test result shall not be imposed if the employee
successfully completes the treatment program.

(3) Disciplinary action attendant to the
first positive test result shall be imposed
if the employee does not enter a department-
approved drug/substance abuse program within
the specified time parameters or does not
complete the program within the specified time parameters;

e. While undergoing treatment in this
department-approved program, the employee
shall take an appropriate authorized leave;

f. The employee may not return to full duty
until he or she has satisfactorily completed this
department-approved drug/substance abuse treatment
program, obtained a negative drug urinalysis test
result, and gained clearance from the city and county physician;

g. If the employee is returned to full duty status,
he or she shall be placed in the Required Test Level for
a period not to exceed 12 months;

4. This section does not apply when there is a
first confirmed positive result for any of the
“zero tolerance” drugs–see sections VII C and IX E below;

B. Probationary Police Personnel

1. The HRD commander or designee shall notify
the Chief of Police, the commander of the PSO, and
the employee’s element commander or designee.
Information about any positive test result shall be
restricted and confidential;

2. Any prescription drug found during a test
shall be verified by the testee’s prescribed drug
container or a letter issued by the licensed
physician of record. The verification will be made
by the medical review officer designated under the
collective bargaining agreement;

3. When the employee is unable to provide
documentation for the use of a prescription drug
to the medical review officer, or when an illicit
drug is found in the first-confirmed, positive
test result, the employee’s element commander or
designee shall proceed in accordance with the following sections:

a. The employee’s element commander or designee
shall notify the employee and place him or her on
leave in accordance with civil service rules;

b. Upon order by the Chief of Police or a
designee, the employee shall surrender his or
her badge, issued firearm(s), police identification,
access card, blue light, and radio(s), as applicable;

c. The PSO shall initiate an investigation
of the employee and forward the results to the
ARB via the deputy chief;

d. If the ARB finds clear and convincing
evidence that a violation has occurred, the
Chief of Police may terminate the employee;

C. “Zero Tolerance” Drugs

The following shall apply to regular and probationary
police personnel when there is a first-confirmed,
positive test result for any of the following
“zero tolerance” illicit drugs: (1) cocaine
metabolites, (2) opiate metabolites, (3) methaqualone,
(4) phencyclidine, and (5) amphetamines:

2. Any prescription drug found during a test
shall be verified by the testee’s prescribed drug
container or a letter issued by the licensed
physician of record. The verification will be
made by the medical review officer designated
under the collective bargaining agreement;

3. When the employee is unable to provide
documentation for the use of a prescription drug
to the medical review officer or when an illicit
drug is found in the first confirmed positive test
result, the sections below shall apply:

a. The employee’s element commander or designee
shall notify the employee and place him or her on
leave in accordance with civil service rules;

b. Upon order by the Chief of Police or a
designee, the employee shall surrender his or
her badge, issued firearm(s), police identification,
access card, blue light, and radio(s), as applicable;

c. The PSO shall initiate an investigation of
the employee and forward the results to the ARB
via the deputy chief; and

d. If the ARB finds clear and convincing
evidence that a violation has occurred, the
Chief of Police may terminate the employee.
SECOND-CONFIRMED, POSITIVE TEST RESULT

The following shall apply if a second-confirmed,
positive test result is obtained for regular police personnel:

A. The HRD commander or designee shall notify
the Chief of Police, the commander of the PSO, and
the employee’s element commander or designee.
Information about any positive test result shall
be restricted and confidential;

B. The employee’s element commander or
designee shall place the employee on leave in
accordance with civil service rules;

C. Upon order by the Chief of Police or a
designee, the employee shall surrender his or
her badge, issued firearm(s), police identification,
access card, blue light, and radio(s), as applicable;

D. The PSO shall initiate an investigation
of the employee and forward the results to the
ARB via the deputy chief; and

E. If the ARB finds clear and convincing
evidence that a violation has occurred, the
Chief of Police may terminate the employee.
VOLUNTARY ADMISSION OF DRUG USE

A. When a regular officer voluntarily
admits to having a problem with drug use,
the officer must participate in a drug/substance
abuse treatment program approved by the department.

1. The officer must satisfactorily complete
the treatment program within 18 weeks from the
date he or she first enters the program.

2. During this 18 week period, an officer
who is in compliance with treatment requirements
may be given a modified- or limited-duty position
where their badge and gun are not essential provided that:

a. Work is available;

b. The officer obtains a negative drug urinalysis test result; and

c. The officer is cleared for limited duty by the
treatment facility and/or the city and county physician.

3. The modified- or limited duty period may
exceed 18 weeks only if the officer is in full
compliance with all treatment requirements but
is unable to complete the treatment program due
to circumstances beyond his or her control.

4. The officer may be subject to regular
and frequent drug tests for the duration of
the modified or limited duty.

5. The officer may not return to full duty until he or she has:

a. Satisfactorily completed the department
approved drug/substance abuse treatment program;

b. Obtained a negative drug urinalysis test
result after completion of the treatment program; and

c. Gained clearance from the city and county physician.
Upon return to full duty, the officer shall be placed in the
Required Test Level B group for a period of one year.

6. An officer who fails to complete the treatment
program within 18 weeks due to noncompliance with
treatment requirements shall be placed on leave and
shall no longer be eligible for a modified- or limited-duty assignment.

B. During his or her career with the department,
an officer shall be afforded only one opportunity to
participate in the treatment program described in section IX A above.

C. Once an officer has admitted having a drug problem,
any subsequent, positive drug urinalysis test result shall
be considered a first positive drug test result.

D. The treatment program described in section IX A
above is not open to an officer who admits having a drug
problem after the HRD drug test site commander arrives
on the site for a test of the officer’s element. In
such cases, the admission shall be considered a positive drug test result.

E. In accordance with the provisions of the
collective bargaining agreement, “voluntary admission”
rights shall not apply to the “zero tolerance” drugs.