Common use of Alcohol/Controlled Substances Testing Clause in Contracts

Alcohol/Controlled Substances Testing. All bargaining unit employees required to hold and maintain a Commercial Driver’s License (CDL) shall be subject to and controlled by the provisions of the Omnibus Transportation Employee Testing Act of 1991 (OTETA). The cost of any and all tests for alcohol and controlled substances (drugs) and/or testing equipment referenced within and covered under the OTETA shall be borne by the school employer, e.g., pre-employment screening, reasonable suspicion, post-accident (within 32 hours), random testing, “negative” confirmation, return to duty tests (with a negative result), follow-up testing (for a minimum of six tests within the first twelve months). Any controlled substance confirmation test which proves “positive” shall be the sole financial responsibility of the employee. All such drug testing under the OTETA shall be conducted by urine specimen analysis. Each specimen shall be subdivided into a “primary” and a “split” specimen. Both specimens are to be sent to a Department of Health and Human Services (DHHS) certified laboratory for analysis. Only the “primary” is opened and used for urinalysis, the “split” remains sealed. If the “primary” specimen is positive, the employee, following notification of such positive result, has seventy-two (72) hours to request the “split” specimen to be sent to another DHHS certified laboratory for analysis.

Alcohol/Controlled Substances Testing. 1. All bargaining unit employees required to hold and maintain a Commercial Driver’s 's License (hereinafter CDL) shall be subject to and controlled by the provisions of the Omnibus Transportation Employee Testing Act of 1991 (hereinafter OTETA). The cost of any and all tests for alcohol and controlled substances (drugs) and/or testing equipment referenced within and covered under the OTETA shall be borne by the school employer, e.g., pre-employment screening, reasonable suspicion, post-accident (within 32 hours), random testing, “"negative” " confirmation, return to duty tests (with a negative result), follow-up testing (for a minimum of six tests within the first twelve months). Any controlled substance confirmation test which proves “"positive” " shall be the sole financial responsibility of the employee. All such drug testing under the OTETA shall be conducted by urine specimen analysis. Each specimen shall be subdivided into a “"primary” " and a “"split” " specimen. Both specimens are to be sent to a Department of Health and Human Services (hereinafter DHHS) certified laboratory for analysis. Only the “"primary” " is opened and used for urinalysis, the “"split” " remains sealed. If the “"primary” " specimen is positive, the employee, following notification of such positive result, has seventy-two (72) hours to request the “"split” " specimen to be sent to another DHHS certified laboratory for analysis. All such alcohol testing under the OTETA shall be conducted with only evidential breath testing devices (EBT's) approved by the National Highway Traffic Safety Administration on their Conforming Products List. Only a Breath Alcohol Technician (BAT) that has had proper training may administer breath alcohol tests. If the initial alcohol screen is positive (.02% or above), a confirmation test is required. Any test results less than .02% will be considered negative.