Policy Updates
Splitting Hairs over drug testing

American Police Beat
March 2008

In our last contract it was agreed that three samples would have to be collected for our annual random drug/hair sample test. The bargaining committee got the department to agree to give any officer an additional test who had tested positive.

Presently the random drug test in the Boston P.D. works as follows: if the initial test is positive, the lab will perform a second test on the second hair sample. If the result of that test is within 30 percent of the result of the first test, the result of the first test will be deemed confirmed provided the result meets minimum standards containing norocaine and benzyleconine.

If the first two tests results are positive, the third hair sample will be tested at an independent laboratory at the officer’s expense. In making these changes it was necessary for additional hair to be taken. During the first few months several problems arose getting the additional sample.

In some cases, officers who keep their hair tight did not have enough hair for testing which required that the hair sample be taken from the chest or armpit. Some officers have had to go back three or four times for facial hair if there was not enough in the alternative locations.

A few of our members have had results that replicate divot-like patches which are unacceptable. A grievance was filed and a remedy for those individual officers is being worked out. We have advised our members who are approaching their birthdays to plan ahead if they do not have enough hair on their head or in the other areas.

In Boston, officers are being turned away if they do not have enough hair on their head. Our department has a 30-day before and after birthday window to test individual officers. In a few cases, officers are being told to grow facial hair and we have advised them that they must comply. 

The last thing the union wants to see is the department claim the officer is trying to circumvent the test and then issue a 45-day suspension. Since we have these new rules in place, not officer has tested positive and no officer has been accused of purposefully avoiding the test.

Ron MacGillivray is the vice president of the  Boston Police Patrolmen’s Association.