METRO WILL ALLOW DRUG TESTING BASED ON 'CREDIBLE' TIP OF ABUSE

Drug testing can now be ordered for Metro employees solely on the basis of
accusations of fellow employees, as long as a supervisor considers the
sources credible, under a new city policy.

Previously, a trained supervisor had to independently document certain
behaviors before a drug test was ordered.

In some cases, employees had reported seeing co-workers using drugs, but
tests weren't ordered because supervisors didn't see signs of drug use.

Under the policy, Metro officials say, the accusations must include
specific information about the alleged drug use, including the location,
time and details of the activity.

The change follows two cases in which drug testing was applied differently.

In one, a test wasn't ordered for firefighter Richard Majors despite two
written reports that employees had seen him with drugs and paraphernalia in
a fire hall. Majors died of natural causes Jan. 11 before an internal
investigation was finished. He had no drugs in his system when he died.

In another case, police fired a sergeant who refused to take a drug test
that was ordered based on a tip from an unnamed informant.

On Monday, Chancellor Carol McCoy ruled that the Metro Police Department
violated the old drug-testing policy when it ordered a test for Sgt. Philip
Clark in 1998.

McCoy said the call for a drug test was improper because no trained
supervisor had independently observed and documented "appearance, behavior,
speech or body odors of an employee which are characteristic of the use of
alcohol or controlled substances."

"The incident that led to this was four years ago, almost exactly, and it's
a shame that any Metro employee has to wait that long to get justice," said
Clark's attorney, John M.L. Brown.

Under the new guidelines, the supervisors must document why they think the
accusers are credible, said Veronica Frazier, assistant director of Metro
personnel.

An employee's refusal to take a drug test under both the new and old
guidelines is treated as a positive test, which could lead to termination.