Common use of Agreements on Alcohol Testing Clause in Contracts

Agreements on Alcohol Testing. The company and the union have agreed to the following regarding alcohol testing: 1. Alcohol testing shall be “for cause” testing. 2. The threshold at which a test is considered positive shall be governed in accordance with regulatory limits established by the Federal Motor Carrier Safety Administration in 49 CFR part 382, “Controlled Substance and Alcohol Use and Testing;” and the Department of Transportation in 49 CFR part 40 “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.” 3. The company agrees that a first instance test above the threshold shall not automatically result in termination of the employee. This does not mean that termination is precluded. 4. Discipline given to an employee shall be subject to the grievance procedure 5. Tests shall be administered in accordance with an accredited qualified testing program. 6. The initial test will be by Breathalyzer; and, if positive, shall be confirmed by a second Breathalyzer test. 7. Failure of an employee to submit to an alcohol test if required by the company can be interpreted as a positive test result 8. In instances where an employee has tested positive by 2 Breathalyzer tests the employee may receive discipline at levels up to and including termination. In such instances, any discipline given (including termination) shall be pursuable through the grievance and arbitration provisions of this contract.

Agreements on Alcohol Testing. The company and the union have agreed to the following regarding alcohol testing: 1. Alcohol testing shall be “for cause” testing. 2. The threshold at which a test is considered positive shall be governed in accordance with regulatory limits established by the Federal Motor Carrier Safety Administration in 49 CFR part 382, “Controlled Substance and Alcohol Use and Testing;” and the Department of Transportation in 49 CFR part 40 “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.” 3. The company agrees that a first first instance test above the threshold shall not automatically result in termination of the employee. This does not mean that termination is precluded. 4. Discipline given to an employee shall be subject to the grievance procedure. 5. Tests shall be administered in accordance with an accredited qualified qualified testing program. 6. The initial test will be by Breathalyzer; and, if positive, shall be confirmed confirmed by a second Breathalyzer test. 7. Failure of an employee to submit to an alcohol test if required by the company can be interpreted as a positive test result. 8. In instances where an employee has tested positive by 2 Breathalyzer tests the employee may receive discipline at levels up to and including termination. In such instances, any discipline given (including termination) shall be pursuable through the grievance and arbitration provisions of this contract.