City Considers Firing Drivers for Failing Drug Test

Two officials proposed a “zero-tolerance” policy Tuesday for city drivers who fail drug or alcohol tests, but others were skeptical and the local union vowed to fight any change.

Los Angeles City Councilmen Joel Wachs and Rudy Svorinich Jr. called for a “tougher, saner, smarter” policy that would prohibit employees who fail drug tests from driving city trucks or other vehicles.

“I believe there should be zero tolerance,” Svorinich said, “because we trust those folks that are behind that wheel to be clean, sober and in possession of their faculties, and when we see repeated behavior to the contrary that puts everyone at risk, including the person behind the wheel.”

Wachs cited disclosures by The Times that 95 city truck drivers during the last three years have been allowed back behind the wheel after testing positive at least once for drugs or alcohol, including 23 who tested positive twice.

Current city policy, negotiated with employee unions, generally calls for a five-day suspension on the first positive random test, a 20-day suspension on the second and mandatory firing only after the third.

“This policy of extreme governmental tolerance is stupid and dangerous,” Wachs said. “This is as potentially deadly as giving a loaded weapon to a child.”

In contrast, the Los Angeles Unified School District fires drivers for the first offense, while Caltrans fires drivers on the second offense.

Most city truck drivers are represented by the Service Employees International Union Local 347.

Julie Butcher, the union’s general manager, said she will fight any attempt to adopt a zero-tolerance policy.

“It’s working,” she said of the current policy. “It recognizes the ability of people to rehabilitate themselves.”

Today, employees who test positive must undergo drug or alcohol rehabilitation and pass another drug test before returning to work.

Some council members said they might support termination on the second test failure, but would not support Wachs’ motion.

“We don’t say that a person loses their driver’s license permanently for one drunk-driving violation,” said Councilwoman Jackie Goldberg, a former union activist, citing state law.

In some cases, if there are other violations, firing may be warranted on the first test failure, but Goldberg said that would depend on the circumstances.

Goldberg said the city should do what it can to rehabilitate drivers who have tested positive.

Council members Hal Bernson and Laura Chick said the current policy is too lax, but they would more likely support firing drivers who test positive a second time.

“If somebody fails the test once, then there ought to be training and counseling and a probationary period, and if it happens again they ought to be gone,” Bernson said.

Chick said taxpayers face millions of dollars in lawsuit payouts involving city employees who cause traffic accidents, so more should be done to tighten the rules.

Councilmen Nate Holden and Mike Feuer said they would probably support zero tolerance for drivers who test positive on the job.

“Three times is too much,” Chick said. “Maybe we should give them a second chance when their behavior is out of character. But this is serious business. Lives are destroyed because of accidents caused by drivers who are under the influence.”

The council will consider the matter on March 8.