Alcohol and Controlled Substance Sample Clauses
The Alcohol and Controlled Substance clause sets out rules regarding the use, possession, or influence of alcohol and controlled substances in connection with the agreement or within the workplace. Typically, it prohibits employees or parties from being under the influence or possessing such substances while performing their duties or on company premises, and may require compliance with applicable laws and company policies. This clause helps maintain a safe and productive environment, reduces liability risks, and ensures compliance with legal and regulatory requirements.
Alcohol and Controlled Substance. (Drugs) Testing for Commercial Driver’s License (CDL) Employees
(a) The Omnibus Transportation Employee Testing Act of 1991 (the “ACT”) and Department of Transportation rules, procedures and regulations (the “Regulations”) require that the District conduct pre-employment/pre-duty, random, reasonable suspicion, post-accident, return to duty and follow-up testing of all District employees required to obtain a Commercial Driver’s License (“CDL”).
(b) All alcohol and controlled substance testing performed under and pursuant to this Section C, will be conducted in accordance with federal regulations, the Act and procedures adopted by the District.
(1) Controlled substance testing will be conducted by means of a urine specimen collected and tested by a laboratory certified by the U.S. Department of Health and Human Services.
(2) Alcohol testing will be conducted using an evidential breath-testing device.
(3) Employees will not be entitled to have testing performed at a location or by an individual or facility other than that designated by the District. However, a split sample of the urine test for controlled substances will be available for the employee pursuant to District policy and federal regulations in the event the sample tested is confirmed positive.
(4) An employee may not refuse to submit to alcohol and/or controlled substance testing under this Section C. Refusal shall result in immediate suspension of employment without pay and recommendation of termination to the Board.
Alcohol and Controlled Substance. When the Employer has a reasonable suspicion that an employee is under the influence of a non- prescribed controlled substance or alcohol during working hours, on the Employer’s property or job site or while using Employer equipment, the Employer shall have the right to require him/her to submit to blood, urine or other acceptable test by a physician or laboratory of the Employer’s choice. A refusal to submit to this-requirement made in compliance with this provision or a positive test for a non-prescribed controlled substance or a positive test for alcohol of 0.10 blood alcohol content shall be cause for immediate discharge. A positive test for alcohol of at least 0.05 but less than 0.10 blood alcohol content shall be cause for discipline up to and including discharge. Laboratory tests for non-prescribed controlled substances performed hereunder shall be done at a National Institute for Drug Abuse (NIDA) certified laboratory. The sample taken shall be split with one portion safeguarded for further testing in the event the test results are challenged. Initial positive tests on any sample shall be confirmed by a different test, preferably gas chromatography/mass spectrometry. An employee who has been requested to submit to drug or alcohol screening in compliance with this provision may be suspended pending receipt of the test results. If the test results are negative, the employee shall be immediately reinstated with full back pay and no loss of benefits. If the test results are positive, an Employer representative will confidentially notify the employee. Within thirty (30) days of notice of the positive test results, said employee shall have the right to have the split sample independently tested by a NIDA certified laboratory of his/her choice and at his/her expense. However, if the independent test indicates a negative result, the employee shall be immediately reinstated with full back pay and no loss of benefits, and the Employer will pay the costs of such independent testing. If an employee, prior to being caught under the influence of, using, selling or in possession of non-prescribed controlled substance or alcohol, approaches the Employer and states that he/she has a drug or alcohol use problem, the Employer shall offer the employee a reasonable non-paid leave of absence, not to exceed 60 days, for the purpose of enrolling and participating in a recognized drug or alcohol rehabilitation program at the employee’s expense. Failure to successfully comp...
Alcohol and Controlled Substance