Alcohol and Drug Tests. (A) A manager may authorize a supervisor who has completed a training program concerning reasonable suspicion testing, to test any employee upon reasonable suspicion that the employee has engaged in or is under the influence of an illegal controlled substance, or alcohol based upon: 1. Supervisory personnel observing abnormal behavior, or impairment of physical or mental performance, or other physical evidence of impairment where such observation indicates that the employee is under the influence of an illegal controlled substance or alcohol; or any employee actually seeing the use of illegal controlled substances or alcohol in the workplace; 2. The opinion of a medical professional employed at the worksite that an employee is using an illegal controlled substance or alcohol; 3. The employee being directly involved in an incident that results in death of any person, injury to any person requiring professional medical treatment beyond first aid or damage to property along with the existence of circumstances that indicate employee impairment or an aircraft impoundment/mishap when the employee has interacted with such aircraft. Direct involvement in an incident refers to an employee whose order, action or failure to act is determined to be, or cannot be ruled out as a causative factor in the events leading to or causing the incident. (B) The following testing mechanisms shall be used for any alcohol/drug test performed on members of the Union: 1. All testing shall be conducted through an accredited SAMSHA toxicology lab/testing service using a 10-Panel test with the samples identified in such a fashion to insure that the identity of the tested employee is kept as confidential as possible. Urine screening tests shall be performed using XXXXXX’s accepted immunoassay technology urine testing. No positive test results shall be reported to the Employer unless the procedures in Subsection 2. below also result in a positive test result, and no result shall be deemed to be positive unless the level of drug is above the confirmation test’s limit of quantitation (LOQ). 2. Any positive results on the initial screening test shall be confirmed using XXXXXX’s accepted technology of gas chromatography-mass spectrometry (GC/MS) or liquid chromatography-mass spectrometry (LCMS). Confirming cut-off levels will be at (C) The following procedures shall be used whenever an employee is requested to give a urine sample: 1. Prior to testing, the employee shall be provided the opportunity to voluntarily list to the testing lab substances currently being used by the employee that may impact the test results such as medications or food products. The failure of an employee to accurately list all such substances may not be the basis for disciplinary action against the employee. This list, and all documents and information concerning drug testing, shall remain confidential pursuant to the terms of this Article. 2. A urine sample will be obtained from the employee. The sample will be collected in a manner that precludes alteration. The Employer shall not observe the act of urination but the sample’s temperature will be recorded for evaluation of potential alteration. 3. Immediately after the sample has been given, it will be divided into two (2) equal parts in the presence of both parties. Each of the two (2) portions of the sample will be separately sealed, labeled, and initialed by both parties, and stored in a secure and refrigerated atmosphere. If the samples cannot be analyzed within twenty-four
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Samples: Collective Bargaining Agreement
Alcohol and Drug Tests. (A) A manager may authorize a supervisor who has completed a training program concerning reasonable suspicion testing, to test any employee upon reasonable suspicion that the employee has engaged in or is under the influence of an illegal controlled substance, or alcohol based upon:
1. Supervisory personnel observing abnormal behavior, or impairment of physical or mental performance, or other physical evidence of impairment where such observation indicates that the employee is under the influence of an illegal controlled substance or alcohol; or any employee actually seeing the use of illegal controlled substances or alcohol in the workplace;
2. The opinion of a medical professional employed at the worksite that an employee is using an illegal controlled substance or alcohol;
3. The employee being directly involved in an incident that results in death of any person, injury to any person requiring professional medical treatment beyond first aid or damage to property along with the existence of circumstances that indicate employee impairment or an aircraft impoundment/mishap when the employee has interacted with such aircraft. Direct involvement in an incident refers to an employee whose order, action or failure to act is determined to be, or cannot be ruled out as a causative factor in the events leading to or causing the incident.
(B) The following testing mechanisms shall be used for any alcohol/drug test performed on members of the Union:
1. All testing shall be conducted through an accredited SAMSHA toxicology lab/testing service using a 10-Panel test with the samples identified in such a fashion to insure that the identity of the tested employee is kept as confidential as possible. Urine screening tests shall be performed using XXXXXXSAMSHA’s accepted immunoassay technology urine testing. No positive test results shall be reported to the Employer unless the procedures in Subsection 2. below also result in a positive test result, and no result shall be deemed to be positive unless the level of drug is above the confirmation test’s limit of quantitation (LOQ).
2. Any positive results on the initial screening test shall be confirmed using XXXXXXSAMSHA’s accepted technology of gas chromatography-mass spectrometry (GC/MS) or liquid chromatography-mass spectrometry (LCMS). Confirming cut-off levels will be at
(C) The following procedures shall be used whenever an employee is requested to give a urine sample:
1. Prior to testing, the employee shall be provided the opportunity to voluntarily list to the testing lab substances currently being used by the employee that may impact the test results such as medications or food products. The failure of an employee to accurately list all such substances may not be the basis for disciplinary action against the employee. This list, and all documents and information concerning drug testing, shall remain confidential pursuant to the terms of this Article.
2. A urine sample will be obtained from the employee. The sample will be collected in a manner that precludes alteration. The Employer shall not observe the act of urination but the sample’s temperature will be recorded for evaluation of potential alteration.
3. Immediately after the sample has been given, it will be divided into two (2) equal parts in the presence of both parties. Each of the two (2) portions of the sample will be separately sealed, labeled, and initialed by both parties, and stored in a secure and refrigerated atmosphere. If the samples cannot be analyzed within twenty-fourfour (24) hours, they shall be frozen. One (1) of the samples will then be delivered to a SAMSHA certified lab.
4. The sample will first be tested using the screening procedure set forth in this Article. If the sample tests are positive for any drug, the confirmatory test specified in this Article will be employed.
5. Each step in the collecting and processing of the urine specimens shall be documented to establish procedural integrity and a chain of evidence. If at any time different procedures or tests are available to a SAMSHA certified lab which have greater reliability than the foregoing, the more reliable procedures or tests shall be used.
6. An employee refusal to test may be utilized as evidence of impairment and/or constitute a basis for discipline.
7. Any positive test result and/or adulteration issues will be verified by a Medical Review Officer (MRO) contracted through the vendor who will, among other things, review any extenuating circumstances.
(D) When the employer determines that an employee has a confirmed positive test result the employer will institute the following steps:
1. The Fire Chief or their designee will relieve the employee from duty.
2. If an employee is relieved of duty under this Article, the employee will be required to utilize vacation or compensatory time for the remainder of his/her shift.
3. The employee may be referred to the Employee Assistance Program (EAP). The EAP will conduct an assessment, make appropriate referrals and determine when the employee is ready for a return to duty test.
4. The employee must take and test negative on a return to duty test to return to active duty. The employee will be subject to follow-up testing as outlined by the EAP.
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Samples: Collective Bargaining Agreement
Alcohol and Drug Tests. (A) A manager may authorize a supervisor who has completed a training program concerning reasonable suspicion testing, to test any employee upon reasonable suspicion that the employee has engaged in or is under the influence of an illegal controlled substance, or alcohol based upon:
1. Supervisory personnel observing abnormal behavior, or impairment of physical or mental performance, or other physical evidence of impairment where such observation indicates that the employee is under the influence of an illegal controlled substance or alcohol; or any employee actually seeing the use of illegal controlled substances or alcohol in the workplace;
2. The opinion of a medical professional employed at the worksite that an employee is using an illegal controlled substance or alcohol;
3. The employee being directly involved in an incident that results in death of any person, injury to any person requiring professional medical treatment beyond first aid or damage to property along with the existence of circumstances that indicate employee impairment or an aircraft impoundment/mishap when the employee has interacted with such aircraft. Direct involvement in an incident refers to an employee whose order, action or failure to act is determined to be, or cannot be ruled out as a causative factor in the events leading to or causing the incident.
(B) The following testing mechanisms shall be used for any alcohol/drug test performed on members of the Union:
1. All testing shall be conducted through an accredited SAMSHA toxicology lab/testing service using a 10-Panel test with the samples identified in such a fashion to insure that the identity of the tested employee is kept as confidential as possible. Urine screening tests shall be performed using XXXXXXSAMSHA’s accepted immunoassay technology urine testing. No positive test results shall be reported to the Employer unless the procedures in Subsection 2. below also result in a positive test result, and no result shall be deemed to be positive unless the level of drug is above the confirmation test’s limit of quantitation (LOQ).
2. Any positive results on the initial screening test shall be confirmed using XXXXXXSAMSHA’s accepted technology of gas chromatography-mass spectrometry (GC/MS) or liquid chromatography-mass spectrometry (LCMS). Confirming cut-off levels will be at
(C) The following procedures shall be used whenever an employee is requested to give a urine sample:
1. Prior to testing, the employee shall be provided the opportunity to voluntarily list to the testing lab substances currently being used by the employee that may impact the test results such as medications or food products. The failure of an employee to accurately list all such substances may not be the basis for disciplinary action against the employee. This list, and all documents and information concerning drug testing, shall remain confidential pursuant to the terms of this Article.
2. A urine sample will be obtained from the employee. The sample will be collected in a manner that precludes alteration. The Employer shall not observe the act of urination but the sample’s temperature will be recorded for evaluation of potential alteration.
3. Immediately after the sample has been given, it will be divided into two (2) equal parts in the presence of both parties. Each of the two (2) portions of the sample will be separately sealed, labeled, and initialed by both parties, and stored in a secure and refrigerated atmosphere. If the samples cannot be analyzed within twenty-four
Appears in 1 contract
Samples: Collective Bargaining Agreement
Alcohol and Drug Tests. (Aa) A manager may authorize a supervisor who has completed a training program concerning reasonable suspicion testing, to test any employee upon reasonable suspicion that the employee has engaged in or is under the influence of an illegal controlled substance, or alcohol based upon:
1. ) Supervisory personnel observing abnormal behavior, or impairment of physical or mental performance, or other physical evidence of impairment where such observation indicates that the employee is under the influence of an illegal controlled substance or alcohol; or any employee actually seeing the use of illegal controlled substances or alcohol in the workplace;
2. ) The opinion of a medical professional employed at the worksite that an employee is using an illegal controlled substance or alcohol;
3. ) The employee being directly involved in an incident that results in death of any person, injury to any person requiring professional medical treatment beyond first aid or damage to property along with the existence of circumstances that indicate employee impairment or an aircraft impoundment/mishap when the employee has interacted with such aircraft. Direct involvement in an incident refers to an employee whose order, action or failure to act is determined to be, or cannot be ruled out as a causative factor in the events leading to or causing the incident.
(Bb) The following testing mechanisms shall be used for any alcohol/drug test performed on members of the Union:
1. ) All testing shall be conducted through an accredited SAMSHA toxicology lab/testing service using a 10-Panel test with the samples identified in such a fashion to insure that the identity of the tested employee is kept as confidential as possible. Urine screening tests shall be performed using XXXXXX’s accepted immunoassay technology urine testing. No positive test results shall be reported to the Employer unless the procedures in Subsection 2. below also result in a positive test result, and no result shall be deemed to be positive unless the level of drug is above the confirmation test’s limit of quantitation (LOQ).
2. i. Any positive results on the initial screening test shall be confirmed using XXXXXX’s accepted technology of gas chromatography-chromatography- mass spectrometry (GC/MS) or liquid chromatography-mass spectrometry (LCMS). Confirming cut-off levels will be atat least as sensitive as the initial screening tests. Despite a negative result, an employee may still be impaired, based on the criteria above.
(Cc) The following procedures shall be used whenever an employee is requested to give a urine sample:
1. ) Prior to testing, the employee shall be provided the opportunity to voluntarily list to the testing lab substances currently being used by the employee that may impact the test results such as medications or food products. The failure of an employee to accurately list all such substances may not be the basis for disciplinary action against the employee. This list, and all documents and information concerning drug testing, shall remain confidential pursuant to the terms of this Article.
2. ) A urine sample will be obtained from the employee. The sample will be collected in a manner that precludes alteration. The Employer shall not observe the act of urination but the sample’s temperature will be recorded for evaluation of potential alteration.
3. ) Immediately after the sample has been given, it will be divided into two (2) equal parts in the presence of both parties. Each of the two (2) portions of the sample will be separately sealed, labeled, and initialed by both parties, and stored in a secure and refrigerated atmosphere. If the samples cannot be analyzed within twenty-fourfour (24) hours, they shall be frozen. One (1) of the samples will then be delivered to a SAMSHA certified lab.
4) The sample will first be tested using the screening procedure set forth in this Article. If the sample tests are positive for any drug, the confirmatory test specified in this Article will be employed.
5) Each step in the collecting and processing of the urine specimens shall be documented to establish procedural integrity and a chain of evidence. If at any time different procedures or tests are available to a SAMSHA certified lab which have greater reliability than the foregoing, the more reliable procedures or tests shall be used.
6) An employee refusal to test may be utilized as evidence of impairment and/or constitute a basis for discipline.
7) Any positive test result and/or adulteration issues will be verified by a Medical Review Officer (MRO) contracted through the vendor who will, among other things, review any extenuating circumstances.
d) When the Employer determines that an employee has a confirmed positive test result the Employer will institute the following steps:
1) The Fire Chief or their designee will relieve the employee from duty.
2) If an employee is relieved of duty under this Article, the employee will be required to utilize vacation or compensatory time for the remainder of his/her shift.
3) The employee may be referred to the Employee Assistance Program (EAP). The EAP will conduct an assessment, make appropriate referrals and determine when the employee is ready for a return to duty test.
4) The employee must take and test negative on a return to duty test to return to active duty. The employee will be subject to follow-up testing as outlined by the EAP.
Appears in 1 contract
Samples: Collective Bargaining Agreement
