METRO'S DRUG TEST GUIDELINES EXAMINED AFTER FIREFIGHTER'S DEATH

Metro's illegal drug policy, which strives to balance the need to protect
city employees from false accusations against the need to protect the
community, is under review, Metro's legal director said.

The review was spurred partly by fire officials saying the guidelines
prevented them from ordering a test for a firefighter accused by other
employees of having drugs and paraphernalia in a fire hall. The firefighter
died Jan. 11 before an investigation was concluded.

Richard Majors was under investigation after reports from fire department
employees that he had cocaine and a pipe.

An autopsy shows Majors died from high blood pressure and coronary artery
disease, the Metro medical examiner has said. No illegal substances,
including cocaine, were found in his system, the examiner said.

Fire officials say wording in the existing policy states that a drug test
can be ordered only if a trained supervisor observes specific behavior by
an employee that raises suspicion. A report by other employees is not
sufficient evidence to order a drug test, fire officials said.

"A sighting alone is not reason enough for the suspicion-based test and
it's based on personal appearance and performance problems and things like
that," Assistant Chief Kim Lawson said.

The law, she said, was designed to protect employees from co-workers who
make false reports of drug possession.

Metro drug testing policy says that drug "tests are ordered when trained
supervisor observes and documents appearance, behavior, speech or body
odors of an employee which are characteristic of the use of alcohol or
controlled substances. Observations may include symptoms of chronic use or
withdrawal."

Metro Legal Director Karl Dean acknowledged the review, which had been in
the works for some time, has picked up steam after disclosure of an
internal fire department investigation of Majors.

Contrary to fire officials, Dean said a test can be ordered based just on
the sighting of drug materials, depending on the circumstances.

Law department officials want to ensure the community is safe while
protecting Metro employees from being tested each time a co-worker spreads
malicious gossip.

"We're going to look at our drug policy to make sure we're doing the very
best for the safety of the community and for the employees of Metro
government," Dean said. The department is looking at changing the entire
drug policy, looking at implementation and training issues, he said.

A local lawyer who represents employees in disputes against employers said
maintaining the balance between employee and employer rights is key.

"You don't want to be in a position where you are eliminating someone from
their job because you have an unfounded report," Doug Johnston said.

When specific allegations are documented against employees, it's one thing,
he said. Forcing employees to take a test with unfounded allegations is
another.

"You can't just be submitting employees willy-nilly to a drug test based on
any old rumor," he said. "That's just an invitation to chaos."