Police Department Policy

TUSPD_GO_1032_-_Fitness_for_Duty_75258

Tustin PD

Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 4 01/24/2011 02/01/201 9 02/01/20 21 TUSTIN POLICE DEPARTMENT GENERAL ORDERS ______ _____________ 1032 - Fitness for Duty 1 POLICY 1032 FITNESS FOR DUTY 1032.1 PURPOSE AND SCOPE All employees are required to be free from any physical, emotional, or mental condition which might adversely affect the exercise of their duty assignment . The purpose of this policy is to ensure t hat all employees of this department remain fit for duty and able to perform their job functions (Government Code § 1031). 1032.1.1 ACCREDITATION STANDARDS This section pertains to the following CALEA Standards : 22.2.1 , 22.2.2 , 22.3.1, 22.3.2, 52.2.6, 52.2.7 1032.2 EMPLOYEE RESPONSIBILITIES a) It shall be the responsibility of each member of this department to maintain good physical condition sufficient to safely and properly perform essential duties of their position. b) Each member of this department shall perform his/her respective duties without physical, emotional, and/or mental constraints. c) During working hours, all employees are required to be alert, attentive, and capable of performing his/her assigned responsibilities. d) Any employee who feels unable t o perform his/her duties shall promptly notify a supervisor. In the event that an employee believes that another employee is unable to perform his/her duties, such observations and/or belief shall be promptly reported to a supervisor. 1032.3 SUPERVISOR RESPONSIBILITIES a) A supervisor observing an employee, or receiving a report of an employee who is perceived to be, unable to safely perform his/her duties due to a physical or mental condition , shall take prompt and appropriate action in an effort to resolv e the situation. b) Whenever feasible, the supervisor should attempt to ascertain the reason or source of the problem and in all cases a preliminary evaluation should be made in an effort to determine the level of inability of the employee to perform his/he r duties. c) In the event the employee appears to be in need of immediate medical or psychiatric treatment, all reasonable efforts should be made to provide such care. d) In conjunction with the Division Commander or employee’s available Bureau Commander, a dete rmination should be made whether or not the employee should be temporarily relieved from his/her duties. e) The Chief of Police shall be promptly notified in the event that any employee is relieved from duty. 1032.4 NON -WORK RELATED CONDITIONS Any employee suffering from a non -work related condition which warrants a temporary relief from duty may be required to use General Leave or other authorized leave in order to obtain medical treatment or other reasonable rest period. CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 4 01/24/2011 02/01/201 9 02/01/20 21 TUSTIN POLICE DEPARTMENT GENERAL ORDERS ______ _____________ 1032 - Fitness for Duty 2 1032.5 WORK RELATED CONDITIONS Any employee suffering from a work related condition which warrants a temporary relief from duty shall be required to comply with personnel rules and guidelines for processing such claims. Upon the recommendation of the Division Commander or unit superviso r and concurrence of a Bureau Commander, any employee whose actions or use of force in an official capacity result in death or serious injury to another may be temporarily removed from regularly assigned duties and/or placed on paid administrative leave fo r the well being of the employee and until such time as the following may be completed: a) A preliminary determination that the employee’s conduct appears to be in compliance with policy and, if appropriate ; b) The employee has had the opportunity to receive ne cessary counseling and/or psychological clearance to return to full duty. 1032.6 PHYSICAL AND PSYCHOLOGICAL EXAMINATIONS Whenever circumstances reasonably indicate that an employee is unfit for duty, the Chief of Police may serve that employee with a wr itten order to undergo a physical and/or psychological examination in cooperation with the Department of Human Resources to determine the level of the employee’s fitness for duty. Any examination will be provided at no cost to the employee. a) The order shal l indicate the date, time and place for the examination. b) The examining physician or therapist will provide the department with a report indicating that the employee is either fit for duty or, if not, listing any functional limitations which limit the emplo yee’s ability to perform job duties (Civil Code § 56.10 (c)(8)(A)). If the employee places his/her condition at issue in any subsequent or related administrative action/grievance, the examining physician or therapist may be required to disclose any and all information which is relevant to such proceeding (Civil Code § 56.10(c)(8)(B)). c) In order to facilitate the examination of any employee, the department will provide all appropriate documents and available information to assist in the evaluation and/or treatment. d) All reports and evaluations submitted by the treating physician or therapist shall be part of the employee’s confidential personnel file. e) Any employee ordered to receive a fitness for duty examination shall comply with the terms of the order and coo perate fully with the examining physician

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