Common use of Alcohol and Drug Testing Clause in Contracts

Alcohol and Drug Testing. Section 40.1. It is the policy of the Xxxxx County Sheriff's Office that the public has the absolute right to expect persons employed by the Sheriff will be free from the effects of drugs and alcohol. The Sheriff, as the employer, has the right to expect its employees to report for work fit and able for duty and to set a positive example for the community. The purposes of this policy shall be achieved in such a manner as not to violate any established constitutional rights of the employees of the Sheriff's Office. Section 40.2. Employees shall be prohibited from: A. Consuming or possessing alcohol at any time during or just prior to the beginning of the workday or anywhere on any County premises or job sites, including County buildings, properties, vehicles and the bargaining unit member's personal vehicle while engaged in County business; B. Possessing, using, selling, purchasing or delivering any illegal drug at any time and at any place except as may be necessary in the performance of duty; C. Failing to report to the employee's supervisor any known adverse side effects of medication or prescription drugs, which the employee may be taking. Section 40.3. The Sheriff may randomly test employees for drug and alcohol use or determination and when the Management has reasonable suspicion to believe that: A. an employee is being affected by the use of alcohol; or B. has abused prescribed drugs; or C. has used illegal drugs, The Sheriff shall have the right to require the employee to submit to alcohol or drug testing as set forth in this Agreement. Any time a bargaining unit member is involved in an automobile accident on duty, the Sheriff may within a reasonable time after the accident, and only while the member is still at the receiving emergency facility, require a drug or alcohol test. If medical attention is not necessary, the Sheriff may require a drug or alcohol test at any time prior to the end of shift. Section 40.4. Within forty-eight (48) hours of the time the employee is ordered to testing authorized by this Agreement, the Sheriff shall provide the employee with a written notice setting forth the facts and inferences which form the basis of the order to test. Refusal to submit to such test may subject the employee to discipline, but the employee's taking of the test shall not be construed as a waiver of any objection or rights that he or she may possess. Section 40.5. The Sheriff will provide transportation to the Xxxxx County Medical Center to obtain bodily fluid or material samples. Section 40.6. In conducting the testing authorized by this Agreement, the Employer shall: A. Use only a clinical laboratory or hospital facility, which is certified by the State of Ohio to perform drug and/or alcohol testing. Xxxxx County Medical Center Laboratory will serve as a collection site and a certified laboratory will conduct the required testing of samples. X. Xxxxxxxxx a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. C. Collect a sufficient sample of the same bodily fluid or material from a firefighter to allow for initial screening, a confirmatory test, and a sufficient amount to be set aside reserved for later testing if requested by the employee. D. Collect samples in such a manner as to preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. E. Confirm any sample that tests positive in initial screening for drugs by testing the second portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites. X. Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's choosing, at the employee's own expense, provided the employee notifies the Sheriff within seventy-two (72) hours of receiving the results of the test. G. Require that the laboratory or hospital facility report to the Sheriff that a blood or urine sample is positive only if both the initial screening and confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Sheriff inconsistent with the understandings expressed herein (i.e., billing for testing that reveal the nature or number of tests administered), the Sheriff will not use such information in any manner or form adverse to the employee's interests. H. Require that with regard to alcohol testing for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .010 or more based upon the grams of alcohol per 100 millimeters of blood be considered positive (note: the foregoing standard shall not preclude the Employer from attempting to show that test result of a .01 demonstrate that the employee was under the influence, but the Sheriff shall bear the burden of proof in such cases). I. Provide each employee tested with a copy of all information and reports received by the Sheriff in connection with the testing and the results. X. Insure that no employee is the subject of any adverse employment action except emergency temporary reassignment or relief of duty during the pendency of any testing procedure. Section 40.7. If disciplinary action is not taken against an employee based in whole or in part upon the results of a drug or alcohol test, the Labor Council and/or the employee, with or without the Union, shall have the right to file a grievance concerning any testing permitted by this Agreement, contesting the basis for the order to submit to the test, the right to test, the administration of the tests, the significance and accuracy of the test, or any other alleged violation of this Agreement. Such grievances shall be commenced at Step 2 of the grievance procedure. Further, if disciplinary action is taken against an employee based in part upon the results of a test, then the Labor Council and/or the Section 40.8. The Sheriff shall take no adverse employment action against any employee who voluntarily seeks treatment, counseling or other support for an alcohol or drug related problem, other than the Sheriff may require reassignment of the employee with pay if he is unfit for duty in his current assignment. The foregoing is conditioned upon: A. The employee agreeing to appropriate treatment as determined by the physician(s) involved. B. The employee discontinues his use of illegal drugs or abuse of alcohol. C. The employee completes the course of treatment prescribed, including an "after-care" group for a period of twelve (12) months. D. The employee agrees to submit to random testing during hours of work during the period of "after-care." Employees who do not agree to or act in accordance with the foregoing shall be subject to discipline, up to and including discharge. This Article shall not be construed as an obligation on the part of the Sheriff to retain an employee on active status throughout the period of rehabilitation if it is appropriately determined that the employee's current use of alcohol or drugs prevents such an individual from performing the duties of a Deputy Sheriff or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity, at his or her option, to use accumulated paid leave or take an unpaid leave of absence pending treatment.

Alcohol and Drug Testing. Section 40.1. It is the policy of the Xxxxx County Sheriff's Office that the public has the absolute right to expect persons employed by the Sheriff will be free from the effects of drugs and alcohol. The Sheriff, as the employer, has the right to expect its employees to report for work fit and able for duty and to set a positive example for the community. The purposes of this policy shall be achieved in such a manner as not to violate any established constitutional rights of the employees of the Sheriff's Office. Section 40.2. Employees shall be prohibited from: A. Consuming or possessing alcohol at any time during or just prior to the beginning of the workday or anywhere on any County premises or job sites, including County buildings, properties, vehicles and the bargaining unit member's personal vehicle while engaged in County business; B. Possessing, using, selling, purchasing or delivering any illegal drug at any time and at any place except as may be necessary in the performance of duty; C. Failing to report to the employee's supervisor any known adverse side effects of medication or prescription drugs, which the employee may be taking. Section 40.3. The Sheriff may randomly test employees for drug and alcohol use or determination and when the Management has reasonable suspicion to believe that: A. an employee is being affected by the use of alcohol; or B. has abused prescribed drugs; or C. has used illegal drugs, The Sheriff shall have the right to require the employee to submit to alcohol or drug testing as set forth in this Agreement. Any time a bargaining unit member is involved in an automobile accident on duty, the Sheriff may within a reasonable time after the accident, and only while the member is still at the receiving emergency facility, require a drug or alcohol test. If medical attention is not necessary, the Sheriff may require a drug or alcohol test at any time prior to the end of shift. Section 40.4. Within forty-eight (48) hours of the time the employee is ordered to testing authorized by this Agreement, the Sheriff shall provide the employee with a written notice setting forth the facts and inferences which form the basis of the order to test. Refusal to submit to such test may subject the employee to discipline, but the employee's taking of the test shall not be construed as a waiver of any objection or rights that he or she may possess. Section 40.5. The Sheriff will provide transportation to the Xxxxx County Medical Center to obtain bodily fluid or material samples. Section 40.6. In conducting the testing authorized by this Agreement, the Employer shall: A. Use only a clinical laboratory or hospital facility, which is certified by the State of Ohio to perform drug and/or alcohol testing. Xxxxx County Medical Center Laboratory will serve as a collection site and a certified laboratory will conduct the required testing of samples. X. Xxxxxxxxx a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. C. Collect a sufficient sample of the same bodily fluid or material from a firefighter to allow for initial screening, a confirmatory test, and a sufficient amount to be set aside reserved for later testing if requested by the employee. D. Collect samples in such a manner as to preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. E. Confirm any sample that tests positive in initial screening for drugs by testing the second portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites. X. Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's choosing, at the employee's own expense, provided the employee notifies the Sheriff within seventy-two (72) hours of receiving the results of the test. G. Require that the laboratory or hospital facility report to the Sheriff that a blood or urine sample is positive only if both the initial screening and confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Sheriff inconsistent with the understandings expressed herein (i.e., billing for testing that reveal the nature or number of tests administered), the Sheriff will not use such information in any manner or form adverse to the employee's interests. H. Require that with regard to alcohol testing for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .010 or more based upon the grams of alcohol per 100 millimeters of blood be considered positive (note: the foregoing standard shall not preclude the Employer from attempting to show that test result of a .01 demonstrate demonstrates that the employee was under the influence, but the Sheriff shall bear the burden of proof in such cases). I. Provide each employee tested with a copy of all information and reports received by the Sheriff in connection with the testing and the results. X. Insure that no employee is the subject of any adverse employment action except emergency temporary reassignment or relief of duty during the pendency of any testing procedure. Section 40.7. If disciplinary action is not taken against an employee based in whole or in part upon the results of a drug or alcohol test, the Labor Council and/or the employee, with or without the Union, shall have the right to file a grievance concerning any testing permitted by this Agreement, contesting the basis for the order to submit to the test, the right to test, the administration of the tests, the significance and accuracy of the test, or any other alleged violation of this Agreement. Such grievances shall be commenced at Step 2 of the grievance procedure. Further, if disciplinary action is taken against an employee based in part upon the results of a test, then the Labor Council and/or thethe employee, with or without the Labor Council, shall have the right to file a grievance concerning any portion of the test. Any evidence concerning test results which is obtained in violation of the standards contained in this article shall not be admissible in any disciplinary proceeding involving the employee. Section 40.8. The Sheriff shall take no adverse employment action against any employee who voluntarily seeks treatment, counseling or other support for an alcohol or drug related problem, other than the Sheriff may require reassignment of the employee with pay if he is unfit for duty in his current assignment. The foregoing is conditioned upon:drug A. The employee agreeing to appropriate treatment as determined by the physician(s) involved. B. The employee discontinues his use of illegal drugs or abuse of alcohol. C. The employee completes the course of treatment prescribed, including an "after-care" group for a period of twelve (12) months. D. The employee agrees to submit to random testing during hours of work during the period of "after-care." Employees who do not agree to or act in accordance with the foregoing shall be subject to discipline, up to and including discharge. This Article shall not be construed as an obligation on the part of the Sheriff to retain an employee on active status throughout the period of rehabilitation if it is appropriately determined that the employee's current use of alcohol or drugs prevents such an individual from performing the duties of a Deputy Sheriff or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity, at his or her option, to use accumulated paid leave or take an unpaid leave of absence pending treatment.

Alcohol and Drug Testing. Section 40.1. It is the policy of the Xxxxx Adams County Sheriff's Office that the public has the absolute right to expect persons employed by the Sheriff will be free from the effects of drugs and alcohol. The Sheriff, as the employer, has the right to expect its employees to report for work fit and able for duty and to set a positive example for the community. The purposes of this policy shall be achieved in such a manner as not to violate any established constitutional rights of the employees of the Sheriff's Office. Section 40.2. Employees shall be prohibited from: A. Consuming or possessing alcohol at any time during or just prior to the beginning of the workday or anywhere on any County premises or job sites, including County buildings, properties, vehicles and the bargaining unit member's personal vehicle while engaged in County business; B. Possessing, using, selling, purchasing or delivering any illegal drug at any time and at any place except as may be necessary in the performance of duty; C. Failing to report to the employee's supervisor any known adverse side effects of medication or prescription drugs, which the employee may be taking. Section 40.3. The Sheriff may randomly test employees for drug and alcohol use or determination and when the Management has reasonable suspicion to believe that: A. an employee is being affected by the use of alcohol; or B. has abused prescribed drugs; or C. has used illegal drugs, The Sheriff shall have the right to require the employee to submit to alcohol or drug testing as set forth in this Agreement. Any time a bargaining unit member is involved in an automobile accident on duty, the Sheriff may within a reasonable time after the accident, and only while the member is still at the receiving emergency facility, require a drug or alcohol test. If medical attention is not necessary, the Sheriff may require a drug or alcohol test at any time prior to the end of shift. Section 40.4. Within forty-eight (48) hours of the time the employee is ordered to testing authorized by this Agreement, the Sheriff shall provide the employee with a written notice setting forth the facts and inferences which form the basis of the order to test. Refusal to submit to such test may subject the employee to discipline, but the employee's taking of the test shall not be construed as a waiver of any objection or rights that he or she may possess. Section 40.5. The Sheriff will provide transportation to the Xxxxx Adams County Medical Center to obtain bodily fluid or material samples. Section 40.6. In conducting the testing authorized by this Agreement, the Employer shall: A. Use only a clinical laboratory or hospital facility, which is certified by the State of Ohio to perform drug and/or alcohol testing. Xxxxx Adams County Medical Center Laboratory will serve as a collection site and a certified laboratory will conduct the required testing of samples. X. Xxxxxxxxx B. Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. C. Collect a sufficient sample of the same bodily fluid or material from a firefighter to allow for initial screening, a confirmatory test, and a sufficient amount to be set aside reserved for later testing if requested by the employee. D. Collect samples in such a manner as to preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. E. Confirm any sample that tests positive in initial screening for drugs by testing the second portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites. X. F. Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's choosing, at the employee's own expense, provided the employee notifies the Sheriff within seventy-two (72) hours of receiving the results of the test. G. Require that the laboratory or hospital facility report to the Sheriff that a blood or urine sample is positive only if both the initial screening and confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Sheriff inconsistent with the understandings expressed herein (i.e., billing for testing that reveal the nature or number of tests administered), the Sheriff will not use such information in any manner or form adverse to the employee's interests. H. Require that with regard to alcohol testing for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .010 or more based upon the grams of alcohol per 100 millimeters of blood be considered positive (note: the foregoing standard shall not preclude the Employer from attempting to show that test result of a .01 demonstrate that the employee was under the influence, but the Sheriff shall bear the burden of proof in such cases). I. Provide each employee tested with a copy of all information and reports received by the Sheriff in connection with the testing and the results. X. J. Insure that no employee is the subject of any adverse employment action except emergency temporary reassignment or relief of duty during the pendency of any testing procedure. Section 40.7. If disciplinary action is not taken against an employee based in whole or in part upon the results of a drug or alcohol test, the Labor Council and/or the employee, with or without the Union, shall have the right to file a grievance concerning any testing permitted by this Agreement, contesting the basis for the order to submit to the test, the right to test, the administration of the tests, the significance and accuracy of the test, or any other alleged violation of this Agreement. Such grievances shall be commenced at Step 2 of the grievance procedure. Further, if disciplinary action is taken against an employee based in part upon the results of a test, then the Labor Council and/or the Section 40.8. The Sheriff shall take no adverse employment action against any employee who voluntarily seeks treatment, counseling or other support for an alcohol or drug related problem, other than the Sheriff may require reassignment of the employee with pay if he is unfit for duty in his current assignment. The foregoing is conditioned upon: A. The employee agreeing to appropriate treatment as determined by the physician(s) involved. B. The employee discontinues his use of illegal drugs or abuse of alcohol. C. The employee completes the course of treatment prescribed, including an "after-care" group for a period of twelve (12) months. D. The employee agrees to submit to random testing during hours of work during the period of "after-care." Employees who do not agree to or act in accordance with the foregoing shall be subject to discipline, up to and including discharge. This Article shall not be construed as an obligation on the part of the Sheriff to retain an employee on active status throughout the period of rehabilitation if it is appropriately determined that the employee's current use of alcohol or drugs prevents such an individual from performing the duties of a Deputy Sheriff or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity, at his or her option, to use accumulated paid leave or take an unpaid leave of absence pending treatment.

Alcohol and Drug Testing. Section 40.1. This Article applies to all bargaining unit employees; All employees will submit to a random drug and/or alcohol testing up to four (4) times a year. A. It is the policy of the Xxxxx County Sheriff's Office Board that the public has the absolute right to expect persons employed by the Sheriff Board will be free from the effects of drugs and alcohol. The SheriffBoard, as the employerEmployer, has the right to expect its employees to report for work fit and able for duty and to set a positive example for the community. The purposes of this policy shall be achieved in such a manner as not to violate any established constitutional rights of the employees of the Sheriff's OfficeBoard. Section 40.2. B. Employees shall be prohibited from: A. 1. Consuming or possessing alcohol at any time during or just prior to the beginning of the workday or anywhere on any County the Board premises or job sites, including County Board buildings, properties, vehicles and the bargaining unit member's ’s personal vehicle while engaged in County Board business; B. 2. Possessing, using, selling, purchasing or delivering any illegal drug at any time and at any place except as may be necessary in the performance of duty; C. 3. Failing to report to the employee's ’s supervisor any known adverse side effects of medication or prescription drugs, which the employee may be taking.of Section 40.3. The Sheriff may randomly test employees for drug and alcohol use or determination and when C. When the Management has reasonable suspicion to believe that: A. 1. an employee is being affected by the use of alcohol; or B. 2. has abused prescribed drugs; or C. 3. has used illegal drugs, . The Sheriff Board shall have the right to require the employee to submit to alcohol or drug testing as set forth in this Agreement. Any time a bargaining unit member is involved in an automobile accident on duty, The Board may also require the Sheriff may within a reasonable time after the accident, and only while the member is still at the receiving emergency facility, require a employee to randomly submit to alcohol or drug or alcohol test. If medical attention is not necessary, the Sheriff may require a drug or alcohol test at any time prior to the end of shifttesting. Section 40.4. D. Within forty-eight (48) hours of the time the employee is ordered to testing authorized by this Agreement, the Sheriff Board shall provide the employee with a written notice setting forth the facts and inferences interferences which form the basis of the order to test. Refusal to submit to such test may subject the employee to discipline, but the employee's ’s taking of the test shall not be construed as a waiver of any objection or rights that he or she may possess. Section 40.5. E. The Sheriff Board will provide transportation to the Xxxxx County Medical Center licensed medical facility to obtain bodily fluid or material samples. Section 40.6. In conducting the testing authorized by this Agreement, the Employer Board shall: A. 1. Use only a clinical laboratory or hospital facility, which is certified by the State of Ohio to perform drug and/or alcohol testing. Xxxxx County Medical Center Laboratory The licensed medical facility will serve as a collection site and to a certified laboratory designated by the Board will conduct the required testing of samples. X. Xxxxxxxxx 2. Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. C. 3. Collect a sufficient sample of the same bodily fluid or material from a firefighter an employee to allow for initial screening, a confirmatory test, and a sufficient amount to be set aside reserved for later testing if requested by the employee. D. 4. Collect samples in such a manner as to preserve the individual employee's ’s right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample except in circumstances where the laboratory or facility does not have a "“clean room" ” for submitting samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. E. 5. Confirm any sample that tests positive in initial screening for drugs by testing the second portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites. X. 6. Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's ’s choosing, at the employee's ’s own expense, ; provided the employee notifies the Sheriff Board within seventy-two (72) hours of receiving the results of the test. G. 7. Require that the laboratory or hospital facility report to the Sheriff Board that a blood or urine sample is positive only if both the initial screening and confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof hereof be obtained by the Sheriff Board inconsistent with the understandings expressed herein (i.e., billing for testing that reveal reveals the nature or number of tests administered), the Sheriff Board will not use such information in any manner or form adverse to the employee's interests’s interest. H. 8. Require that with regard to alcohol testing testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration that exceeds the standards in the Ohio Revised Code for Driving While Under the Influence of .010 Alcohol or more based upon the grams of alcohol per 100 millimeters of blood be considered positive Intoxicants (note: the foregoing standard shall not preclude the Employer from attempting to show that test result of a .01 demonstrate that the employee was under the influence, but the Sheriff shall bear the burden of proof in such casesD.W.I.). I. 9. Provide each employee tested with a copy of all information and reports received by the Sheriff Board in connection with the testing and the results. X. 10. Insure that no employee is the subject of any adverse employment action except that emergency temporary reassignment or relief of duty during the pendency of any pending testing procedure. Section 40.7. F. If disciplinary action is not taken against an employee based in whole or in part upon the results of a drug or alcohol test, the Labor Council Union and/or the employee, with or without the Union, shall have the right to file a grievance concerning any testing permitted by this Agreement, contesting the basis for the order to submit to the test, the right to test, the administration of the tests, the significance and accuracy of the test, or any other alleged violation of this Agreement. Such grievances shall be commenced at Step 2 of the grievance procedure. Further, if disciplinary action is taken against an employee based in part upon the results of a test, then the Labor Council Union and/or thethe employee, with or without the Union, shall have the right to file a grievance concerning any portion of the test. Any evidence concerning test results which is obtained in violation of the standards contained in this Article shall not be admissible in any disciplinary proceeding involving the employee. Section 40.8. G. The Sheriff Board shall take no adverse employment action against any employee who voluntarily seeks treatment, counseling or other support for an alcohol or drug drug-related problem, other than the Sheriff Board may require reassignment of the employee with pay if he is unfit for duty in his current assignmentassignment if an assignment is available. The foregoing is conditioned upon: A. 1. The employee agreeing to appropriate treatment as determined by the physician(s) involved.; B. 2. The employee discontinues his use of illegal drugs or abuse of alcohol.; C. 3. The employee completes the course of treatment prescribed, including an "after-“after- care" ” group for a period of twelve (12) months.; D. 4. The employee agrees to submit to random testing during the hours of work during the period of "“after-care." ”. Employees who do not agree to or act in accordance with the foregoing shall be subject to discipline, up to and including discharge. This Article shall not be construed as an obligation on the part of the Sheriff Board to retain an employee on active status throughout the period of rehabilitation if it is appropriately determined that the employee's ’s current use of alcohol or drugs prevents such an individual from performing the duties of a Deputy Sheriff his position or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity, at his or his/her option, to use accumulated accrued paid leave or take an unpaid leave of absence pending treatment. H. If an employee has a second violation of this policy, the employee shall be disciplined with no right to the treatment option indicated in item G., above.

Alcohol and Drug Testing. Section 40.1. It is the policy of the Xxxxx Adams County Sheriff's Office that the public has the absolute right to expect persons employed by the Sheriff will be free from the effects of drugs and alcohol. The Sheriff, as the employer, has the right to expect its employees to report for work fit and able for duty and to set a positive example for the community. The purposes of this policy shall be achieved in such a manner as not to violate any established constitutional rights of the employees of the Sheriff's Office. Section 40.2. Employees shall be prohibited from: A. Consuming or possessing alcohol at any time during or just prior to the beginning of the workday or anywhere on any County premises or job sites, including County buildings, properties, vehicles and the bargaining unit member's personal vehicle while engaged in County business; B. Possessing, using, selling, purchasing or delivering any illegal drug at any time and at any place except as may be necessary in the performance of duty; C. Failing to report to the employee's supervisor any known adverse side effects of medication or prescription drugs, which the employee may be taking. Section 40.3. The Sheriff may randomly test employees for drug and alcohol use or determination and when the Management has reasonable suspicion to believe that: A. an employee is being affected by the use of alcohol; or B. has abused prescribed drugs; or C. has used illegal drugs, The Sheriff shall have the right to require the employee to submit to alcohol or drug testing as set forth in this Agreement. Any time a bargaining unit member is involved in an automobile accident on duty, the Sheriff may within a reasonable time after the accident, and only while the member is still at the receiving emergency facility, require a drug or alcohol test. If medical attention is not necessary, the Sheriff may require a drug or alcohol test at any time prior to the end of shift. Section 40.4. Within forty-eight (48) hours of the time the employee is ordered to testing authorized by this Agreement, the Sheriff shall provide the employee with a written notice setting forth the facts and inferences which form the basis of the order to test. Refusal to submit to such test may subject the employee to discipline, but the employee's taking of the test shall not be construed as a waiver of any objection or rights that he or she may possess. Section 40.5. The Sheriff will provide transportation to the Xxxxx Adams County Medical Center to obtain bodily fluid or material samples. Section 40.6. In conducting the testing authorized by this Agreement, the Employer shall: A. Use only a clinical laboratory or hospital facility, which is certified by the State of Ohio to perform drug and/or alcohol testing. Xxxxx Adams County Medical Center Laboratory will serve as a collection site and a certified laboratory will conduct the required testing of samples. X. Xxxxxxxxx B. Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. C. Collect a sufficient sample of the same bodily fluid or material from a firefighter to allow for initial screening, a confirmatory test, and a sufficient amount to be set aside reserved for later testing if requested by the employee. D. Collect samples in such a manner as to preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. E. Confirm any sample that tests positive in initial screening for drugs by testing the second portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites. X. F. Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's choosing, at the employee's own expense, provided the employee notifies the Sheriff within seventy-two (72) hours of receiving the results of the test. G. Require that the laboratory or hospital facility report to the Sheriff that a blood or urine sample is positive only if both the initial screening and confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Sheriff inconsistent with the understandings expressed herein (i.e., billing for testing that reveal the nature or number of tests administered), the Sheriff will not use such information in any manner or form adverse to the employee's interests. H. Require that with regard to alcohol testing for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .010 or more based upon the grams of alcohol per 100 millimeters of blood be considered positive (note: the foregoing standard shall not preclude the Employer from attempting to show that test result of a .01 demonstrate demonstrates that the employee was under the influence, but the Sheriff shall bear the burden of proof in such cases). I. Provide each employee tested with a copy of all information and reports received by the Sheriff in connection with the testing and the results. X. J. Insure that no employee is the subject of any adverse employment action except emergency temporary reassignment or relief of duty during the pendency of any testing procedure. Section 40.7. If disciplinary action is not taken against an employee based in whole or in part upon the results of a drug or alcohol test, the Labor Council and/or the employee, with or without the Union, shall have the right to file a grievance concerning any testing permitted by this Agreement, contesting the basis for the order to submit to the test, the right to test, the administration of the tests, the significance and accuracy of the test, or any other alleged violation of this Agreement. Such grievances shall be commenced at Step 2 of the grievance procedure. Further, if disciplinary action is taken against an employee based in part upon the results of a test, then the Labor Council and/or thethe employee, with or without the Labor Council, shall have the right to file a grievance concerning any portion of the test. Any evidence concerning test results which is obtained in violation of the standards contained in this article shall not be admissible in any disciplinary proceeding involving the employee. Section 40.8. The Sheriff shall take no adverse employment action against any employee who voluntarily seeks treatment, counseling or other support for an alcohol or drug related problem, other than the Sheriff may require reassignment of the employee with pay if he is unfit for duty in his current assignment. The foregoing is conditioned upon:drug A. The employee agreeing to appropriate treatment as determined by the physician(s) involved. B. The employee discontinues his use of illegal drugs or abuse of alcohol. C. The employee completes the course of treatment prescribed, including an "after-care" group for a period of twelve (12) months. D. The employee agrees to submit to random testing during hours of work during the period of "after-care." Employees who do not agree to or act in accordance with the foregoing shall be subject to discipline, up to and including discharge. This Article shall not be construed as an obligation on the part of the Sheriff to retain an employee on active status throughout the period of rehabilitation if it is appropriately determined that the employee's current use of alcohol or drugs prevents such an individual from performing the duties of a Deputy Sheriff or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity, at his or her option, to use accumulated paid leave or take an unpaid leave of absence pending treatment.