What do you do with an off duty EMS person that gets a DUI?

[crotchitymedic1986]

If you are writing the policy now, then I would write that any "conviction" of DUI/DWI will result in automatic termination. Upon being arrested for it, they would be put on administrative leave until their court date.

Insurance companies who write your insurance look at it this way: If you are looking to hire someone who had a DUI at ages 16-21, but have now had several years of an excellent driving record, they will insure them. If you are 27 and got your DUI last month, they will not underwrite you. In our industry, we see the results of this crime everyday, for one of our own employees to get behind the wheel after drinking is just not acceptable. It shows poor judgement, immaturity, and a probable substance abuse issue.

But you also need to address what you do with employees who are on prescription drugs that warn that you should not drive while on the medication. Many daily psych meds carry this warning, and we all know a medic or emt who has a bad back and may be on flexeril or lortab. Most employers state that if you have a prescription for the drug, then you are OK, but that is not always the case in a job that requires you to drive a vehicle.

I will add this as a spin-off topic

[fiznat]

I work for a unionized private company, which has a no tolerance policy about DUIs. If you get one, you're fired.

Unfortunately for some, no tolerance policies such as this tend to take away from what motivation an employee might have to notify their company of a DUI.

[itku2er]

I work for a unionized private company, which has a no tolerance policy about DUIs. If you get one, you're fired.

Unfortunately for some, no tolerance policies such as this tend to take away from what motivation an employee might have to notify their company of a DUI.

Good point, Which leads to the next question How long should the policy state that you have to notify your company that you recieved one?

[krumel]

Here(Germany) the main question is if it was Alcohol influence or narcotic influence.

When an DUI with alcohol influence occurs the driver will be transfered to an part of the company where he is not required to drive(Companies first aid, or as an second operator on an patient transport service ambo. Additionally he won't be allowed to drive 12 month added to the time he is not allowed to drive by law.

This of course is only the process if this happens the first time. The second time the operator will be transfered to an "non driving" department if the operator has no other things on his record and works a certain time (5-10 years) for the company. Operators with other things on their record, Operators that do not work for 5 years or longer for us or when this happens the third time the operator will be fired.

When an DUI with narcotics occurs the operator will be fired instantly as well will loose his license, due to the fact that by law he is not allowed to handle any drugs anymore.

[fireflymedic]

When I did a paid department with volly supplement both were held to the same standard. If you were convicted of anything or had any type of charges pending, you were put on unpaid suspension until all charges were cleared including any possible ramifications of licensure. If you had negative action, you were dismissed. No questions asked. The departments I'm currently with follow a very similar protocol.

For past DUI - more than 5 years - so long as reported to EMS board and doesnt interfere with licensure or driving you are eligible for hire. Same applies for most other things depending upon the nature of it.

Now as far as what to do with you if something happens or you have to be on medication whatever where you can't drive. There are a couple options. If possible, and cleared to do patient care, you'll be restricted to a patient care role. If you cannot do patient care, you'll be on alternative duty if available and if not, short term disability for 6 months or until cleared. I think it's a fair system and gives people who may have made a mistake in their past and straightened out a second chance. Just how we do things here.

[crotchitymedic1986]

Most insurance companies do at least an annual license check of all personnel, some more often. So even if the employee fails to notify, the insurance company will catch it. I wonder if you are dumb enough to get one, if you should just refuse the test. You will still lose your license, but you wouldnt have DUI on your driving record.

[Emtgirl101]

My reponse to this would be if it didnt have to directly with work and didnt involve patient care and you got it off duty it shouldn't effect your cert any, unless it was more serious than a DUI, then the state might be notified . evrybody makes mistakes I do have to say being in EMS person should know better than drive under the influence anyway.

[Chief1C]

The charge involved, would give you a criminal record. Which you are required to report, in many states, as part of your certification. If you don't.. They make revoke your certs. If you do, you may have it suspended. People make mistakes, but be prepared for consequences, why shouldn't it affect it? If an employee, EMT, driver got a DUI off duty, and their DL was suspended.. What are they going to do? They can't drive. I'd fire them.

If it was the voluntary portion, our policy for criminal offenses by members which endanger the company, the public, et al., you're stricken from the membership role and cannot reapply. You can appeal, and have a hearing with the board of directors and trustees; in a manner as outlined by the bylaws of the organization. However, the only way it would be reversed is if you were given a trial by court and were found not guilty of the charges. Which is unlikely in a DUI.

Edited March 16, 2009 by 4cmk6

[Jeweli39]

One county I worked for we were told 'unoffically' any DUI/DWI wold result in UT duty. The UT was the utility truck that picked up bodies no one else wanted, or moved the 'real' medics and gear for community activities as needed. They did it too. One woman there got a DUI and she was on the UT for about 9 months until she gave up and quit. I don't disagree with this practice. We couldn't buy lottery tickets, cigarettes, etc while in uniform. To me any DUI is a mark on the people who wear the uniform. None of us is perfect true, but creating a problem is bad. Being in an accident is far different than causing one. Since part of the job is generally driving, wouldn't safe driving in our private lives be important too? We work way too hard to get the patch to screw it up by one drink too many.

[HERBIE1]

In general, any state statute would supercede anything your organization might have. I would check those and any applicable municipal ordinances as well as your insurance carriers and medical control and pattern your ideas accordingly. I agree that we should be held to a higher standard than the general public and our conduct should reflect than off duty or on, so think more strict.

Most insurance companies do at least an annual license check of all personnel, some more often. So even if the employee fails to notify, the insurance company will catch it. I wonder if you are dumb enough to get one, if you should just refuse the test. You will still lose your license, but you wouldnt have DUI on your driving record.

Good point. In our locale, the Secretary of State's Office regularly sends a list of any suspended licenses to the department- regardless of the reason for the suspension- failed emissions tests, proof of insurance, expired, revoked, DUI's, etc.