City drug program
drawing criticism

Some who undergo treatment
aren't given follow-up tests

By Gordon Y.K. Pang
Star-Bulletin

The hospital charged with providing services for city workers with drug abuse problems says the city could face lawsuits with its policies.

"Failure to provide testing as required under federal mandate is an issue of public safety and exposes the city and county to unnecessary liability," wrote Patricia Anderson, Straub Hospital's employee assistance program coordinator.

Members of the City Council Health and Safety Committee were angry when they were handed copies of Anderson's May 27 letter to city Personnel Director Sandra Ebesu at a meeting yesterday.

The letter spells out three instances where Anderson says city employees returning to work after undergoing mandatory treatment did not receive specified follow-up testing.

Health and Safety Vice Chairman Duke Bainum blasted Ebesu and Corporation Counsel David Arakawa for painting a rosy picture of the city's policies and failing to mention the Straub letter.

Ebesu said she believed Anderson's concerns had already been addressed, so they didn't need to be discussed with Council members. Arakawa said Anderson and Straub came to conclusions based on incomplete information.

Arakawa said the city is negotiating with Straub over the possibility of having an exclusive contract and Straub is seeking indemnification provisions opposed by the city.

Straub officials would only issue a three paragraph statement stating, in part: "Ultimately, it is up to the employer to ensure that they are in full compliance with federal regulations."

The meeting was held to address criticisms against the administration of Mayor Jeremy Harris.

Dr. John Hall, chief of the city Health Services Division, has charged that the administration has been lax on enforcement of drug policies against workers with commercial drivers licenses, who almost all belong to the United Public Workers union.

Hall and Council members charge Harris with giving the UPW a break on drug-testing of its members. While most drug-testing policies -- here and on the mainland -- involve a two-strikes-you're-dismissed threshold, the city's interim agreement with the UPW goes up to four offenses before dismissal.

Ebesu said the policy is an interim one pending a settlement over a statewide policy between the UPW and the state and the four counties.

She noted that Honolulu is the only one to reach such an agreement allowing UPW workers to be tested and disciplined.

Eventually, Ebesu said, the city wants to hammer out a two-strikes policy with the union.

Council members grilled the Personnel Department for not having the interim policy on paper.

Hall and other critics also noted that under the policy, UPW workers have had a larger percentage testing positive but a smaller ratio for percentage disciplined.

UPW state director Gary Rodrigues, meanwhile, has tried to get rid of Hall's job, claiming it is unnecessary. The union has also charged Hall and his staff with purposely delaying city employees from returning to work even after their personal physicians have cleared them.

Council Health and Safety Chairman John Henry Felix, after the meeting, introduced a bill that would require all city employees to undergo drug and alcohol abuse training.