Common use of Alcohol/Drug Testing Clause in Contracts

Alcohol/Drug Testing. 1. Districts may include drug education awareness training as part of regular district in-service programs for all transportation employees. The Board’s testing policy and Federal Regulations, Subpart F, Alcohol Misuse and Controlled Substance Use Information (Part VII, p. 7513- 7514), shall be given to affected employees. This employee shall sign a proof of receipt. 2. The Supervisor who makes the determination that “reasonable suspicion” exists to test employees shall create a written report setting forth the specific observations relied upon to order the test. The Supervisor that makes the determination cannot also conduct the alcohol/drug test. 3. Random testing will be done during scheduled work time. If not scheduled during the regular workday, driver will be paid at their regular rate for two (2) hours. 4. The same laboratory shall be used for all testing except as specified in subsection 7 below. Upon request, the name of the laboratory shall be provided to the Association office at the beginning of each school year. 5. Employees have a right to a hearing in order to provide the employee an opportunity to dispute any information and for the employer, prior to suspending the employee and/or ordering referral to evaluation, to provide an explanation. The employee is entitled to written charges and Association representation. 6. The Substance Abuse Professional (SAP) shall be selected by the employee from a list jointly agreed to by the Association and the Board. 7. If the employee disputes a positive test result, he may request a split specimen within seventy-two (72) hours from the time of notification at board paid expense. The test shall be done by a different laboratory and the GC/MS test shall be used. If the split specimen tests negative, the employee will be paid for any time lost during the 72 hour period. 8. If the first specimen tests positive and the second specimen tests negative, this will be deemed to be the official result of the drug test. 9. Any and all Board required Drug-Alcohol testing shall be paid by the board. 10. If the employee tests positive on the alcohol (at .04 or above) and/or drug test, he will be suspended without pay until completion of assessment and treatment, if needed. At the conclusion of the assessment and/or treatment, the Superintendent may do one of the following: a) reinstate the employee to his original position; or b) suspend without pay for up to three days at the Superintendent’s discretion c) If the employee has more than five years of service and it is a first offense involving the violation of the drug/alcohol testing policy and no accident is involved, the employee may: i) be assigned to a non-safety sensitive position if available and if qualified. Otherwise, the individual will be placed on a recall list for the first position available and for which he is qualified; or ii) be terminated under 3319.081 O.R.C. (Ohio Revised Code). d) If the employee has five years or less of service, or it is a second offense involving the violation of the drug/alcohol testing policy, or an accident is involved, the employee may be terminated after a hearing. The employee may challenge the termination at binding arbitration but only on the validity of the test results and not on mitigation of the penalty. This procedure, for circumstances covered by J.4 shall prevail over that contained in 3319.081 O.R.C. and/or the applicable collective bargaining agreement. 11. If the employee tests positive on the alcohol test (below .04), disciplinary action, if any: a) shall be governed by 3319.081 O.R.C. and not under the terms of the collective bargaining agreement; or

Alcohol/Drug Testing. 1. Districts may include drug education awareness training as part of regular district in-service programs for all transportation employees. The Board’s 's testing policy and Federal Regulations, Subpart F, Alcohol Misuse and Controlled Substance Use Information (Part VII, p. 7513- 7514), shall be given to affected employees. This The employee shall sign a proof of receipt. 2. The Supervisor who makes the determination that “"reasonable suspicion” " exists to test employees shall create a written report setting forth the specific observations relied upon to order the test. The Supervisor that makes the determination cannot also conduct the alcohol/drug alcohol test. 3. Random testing will be done during scheduled work time. If not scheduled during the regular workday, driver will be paid at their regular rate for two (2) hours. 4. The same laboratory shall be used for all testing except as specified in subsection 7 below. Upon request, the name of the laboratory shall be provided to the Association office at the beginning of each school year. 5. Employees have a right to a hearing in order to provide the employee an opportunity to dispute any information and for the employer, prior to suspending the employee and/or ordering referral to evaluation, to provide an explanation. The employee is entitled to written charges and Association association representation. 6. The Substance Abuse Professional (SAP) shall be selected by the employee from a list jointly agreed to by the Association Union and the Board. 7. If the employee disputes a positive test result, he may request a split specimen within seventy-two (72) hours from the time of notification at board Board paid expense. The test shall be done by a different laboratory and the GC/MS test shall be used. If the split specimen tests negative, the employee will be paid for any time lost during the 72 seventy-two (72) hour period. 8. If the first specimen tests positive and the second specimen tests negative, this will be deemed to be the official result of the drug test. 9. Any and all Board required Drug-Alcohol testing shall be paid by the boardBoard. 10. If the employee tests positive on the alcohol (at .04 or above) and/or drug test, he will be suspended without pay until completion of assessment and treatment, if needed. At the conclusion of the assessment and/or treatment, the Superintendent may do one of the following: a) reinstate a. Reinstate the employee to his original position; or b) suspend b. Suspend without pay for up to three (3) days at the Superintendent’s 's discretion c) c. If the employee has more than five years of service and it is a first offense involving the violation of the drug/alcohol testing policy and no accident is involved, the employee may: i) be Be assigned to a non-safety sensitive position if available and if qualified. Otherwise, the individual will be placed on a recall list for the first position available and for which he is qualified; or . ii) be Be terminated under 3319.081 O.R.C. (Ohio Revised Code). d) d. If the employee has five years or less of service, or it is a second offense involving the violation of the drug/alcohol testing policy, or an accident is involved, the employee may be terminated after a hearing. The employee may challenge the termination at binding arbitration but only on the validity of the test results and not on mitigation of the penalty. This procedure, for circumstances covered by J.4 10.d. shall prevail over that contained in 3319.081 O.R.C. and/or the applicable collective bargaining agreement. 11. If the employee tests positive on the alcohol test (below .04), ) disciplinary action, if any: a) shall : a. Shall be governed by 3319.081 O.R.C. and not under the terms of the collective bargaining agreement; agreement or b. May result in the employee being suspended without pay for up to (3) three days at the Superintendent's discretion. 12. The employee must present to the Superintendent written evidence of completion of assessment and/or treatment.

Alcohol/Drug Testing. 1. Districts may include drug education awareness training as part of regular district in-in- service programs for all transportation employees. The Board’s testing policy and Federal Regulationsregulations, Subpart F, F. Alcohol Misuse and Controlled Substance Use Information (Part VII, p. 7513- 7513-7514), shall be given to affected employees. This The employee shall sign a proof of receipt. 2. The Supervisor who makes the determination that “reasonable suspicion” exists to test employees shall create a written report setting forth the specific observations relied upon to order the test. The Supervisor that makes the determination cannot also conduct the alcohol/drug alcohol test. 3. Random testing will be done during scheduled work time. If not scheduled during the regular workday, driver will be paid at their regular rate for two (2) hours. 4. The same laboratory shall be used for all testing except as specified in subsection 7 below. Upon request, the name of the laboratory shall be provided to the Association office at the beginning of each school year. 5. Employees have a right to a hearing in order to provide the employee an opportunity to dispute any information and for the employer, prior to suspending the employee and/or ordering referral to evaluation, to provide an explanation. The employee is entitled to written charges and Association association representation. 6. The Substance Abuse Professional (SAP) shall be selected by the employee from a list jointly agreed to by the Association union and the Board. 7. If the employee disputes a positive test result, he may request a split specimen within seventy-two (72) hours from the time of notification at board Board paid expense. The test shall be done by a different laboratory and the GC/MS test shall be used. If the split specimen tests negative, the employee will be paid for any time lost during the 72 hour period. 8. If the first specimen tests positive and the second specimen tests negative, this will be deemed to be the official result of the drug test. 9. Any and all Board required Drug-Alcohol testing shall be paid by the boardBoard. 10. If the employee tests positive on the alcohol (at .04 or above) and/or drug test, he will be suspended without pay until completion of assessment and treatment, if needed. At the conclusion of the assessment and/or treatment, the Superintendent may do one of the following: a) a. reinstate the employee to his original position; or b) b. suspend without pay for up to three days at the Superintendent’s discretion c) c. If the employee has more than five years of service and it is a first offense involving the violation of the drug/alcohol testing policy and no accident is involved, the employee may: i(1.) be assigned to a non-safety sensitive position if available and if qualified. Otherwise, the individual will be placed on a recall list for the first position available and for which he is qualified; or ii. (2.) be terminated under 3319.081 O.R.C. (Ohio Revised Code). d) d. If the employee has five years or less of service, or it is a second offense involving the violation of the drug/alcohol testing policy, or an accident is involved, the employee may be terminated after a hearing. The employee may challenge the termination at binding arbitration but only on the validity of the test results and not on mitigation of the penalty. This procedure, for circumstances circum- stances covered by J.4 shall prevail over that contained in 3319.081 O.R.C. and/or the applicable collective bargaining agreement. 11. If the employee tests positive on the alcohol test (below .04), ) disciplinary action, if any: a) a. shall be governed by 3319.081 O.R.C. and not under the terms of the collective bargaining agreement; oragreement or b. may result in the employee being suspended without pay for up to three (3) days at the Superintendent’s discretion. 12. The employee must present to the Superintendent written evidence of completion of assessment and/or treatment.

Alcohol/Drug Testing. 1. Districts may include drug education awareness training as part of regular district in-District in- service programs for all transportation employees. The Board’s 's testing policy and Federal Regulationsregulations, Subpart Fsubpart f, Alcohol Misuse alcohol misuse and Controlled Substance Use Information controlled substance use information (Part part VII, p. 7513- 7513-7514), shall be given to affected employeesbargaining unit members. This employee The member shall sign a proof of receipt. 2. The Supervisor supervisor who makes the determination that “"reasonable suspicion” " exists to test employees bargaining unit members shall create a written report setting forth the specific observations relied upon to order the test. The Supervisor supervisor that makes the determination cannot also conduct the alcohol/drug alcohol test. 3. Random testing will be done during a bargaining unit member's scheduled work time. If not scheduled during the regular workday, driver will be paid at their regular rate for two (2) hours. 4. The same laboratory shall be used for all testing except as specified in subsection 7 Subsection 7, below. Upon request, the name of the laboratory shall be provided to the Association office President at the beginning of each school year. 5. Employees Bargaining unit members have a right to a hearing in order to provide the employee member an opportunity to dispute any information and for the employer, prior to suspending the employee member and/or ordering referral to evaluation, to provide an explanation. The employee member is entitled to written charges and Association representation. 6. The Substance Abuse Professional substance abuse professional (SAP) shall be selected by the employee bargaining unit member from a list jointly agreed to by the Association and the Board. 7. If the employee disputes member disputed a positive test result, he he/she may request a split specimen within seventy-two (72) hours from the time of notification at board Board-paid expense. The test shall be done by a different laboratory and the GC/MS test shall be used. If the split specimen tests negative, the employee member will be paid for any time lost during the 72 seventy-two (72) hour period. 8. If the first specimen tests positive and the second specimen tests negative, this will be deemed to be the official result of the drug test. 9. Any and all Board required Drug-Alcohol drug/alcohol testing shall be paid by the boardBoard. 10. If the employee bargaining unit member tests positive on the alcohol (at .04 or above) and/or drug test, he he/she will be suspended without pay until completion of assessment and treatment, if needed. At the conclusion of the assessment and/or treatment, the Superintendent may do one of the following: a) reinstate a. Reinstate the employee member to his his/her original position; or. b) suspend b. Suspend without pay for up to three (3) days at the Superintendent’s 's discretion. c) c. If the employee member has more than five (5) years of service and it is a first offense involving the violation of the drug/alcohol testing policy and no accident is involved, the employee member may: i(1) be Be assigned to a non-safety sensitive position if available and if qualified. Otherwise, the individual member will be placed on a recall list for the first position available and for which he he/she is qualified; or ii. (2) be Be terminated under 3319.081 O.R.C. (Ohio Revised Code)3391.081 ORC. d) d. If the employee bargaining unit member has five (5) years or less of service, or it is a second offense involving the violation of the drug/alcohol testing policy, or an accident is involved, the employee member may be terminated after a hearing. The employee member may challenge the termination at binding arbitration but only on the validity of the last test results and not on mitigation of the penalty. This procedure, for circumstances covered by J.4 10.d. shall prevail over that contained in ORC 3319.081 O.R.C. and/or the applicable collective bargaining agreementCollective Bargaining Agreement. 11. If the employee bargaining unit member tests positive on the alcohol test (below above .04), disciplinary action, if any: a) shall : a. Shall be governed by 3319.081 O.R.C. ORC and not under the terms of the collective Collective Bargaining Agreement, or b. May result in the member being suspended without pay for up to three (3) days at the Superintendent's discretion. 12. The member must present to the Superintendent written evidence of completion of assessment and/or treatment. 13. A bargaining agreement; orunit member involved in an accident while on the job will be required to take a drug test and/or physical.

Alcohol/Drug Testing. 1. Districts Northwest Local School District may include drug education awareness training as part of regular district in-service inservice programs for all transportation employees. The Board’s testing policy and Federal Regulations, Subpart F, subpart F. Alcohol Misuse and Controlled Substance Use use Information (Part VII, p. P. 7513- 7514), shall be given to affected employees. This The employee shall sign a proof of receipt. 2. The Supervisor supervisor who makes the determination that “reasonable suspicion” exists to test employees shall create a written report setting forth the specific observations relied upon to order the test. The Supervisor supervisor that makes the determination cannot also not, also, conduct the alcohol/drug alcohol test. 3. Random testing will be done during scheduled work time. If not scheduled during the regular workday, driver will be paid at their regular rate for two (2) hours. 4. The same laboratory shall be used for all testing except as specified in subsection 7 G below. Upon request, the name of the laboratory shall be provided to the Association OAPSE office at the beginning of each school year. 5. Employees have a right to a hearing in order to provide the employee an opportunity to dispute any information and for the employer, prior to suspending the employee and/or ordering referral to evaluation, to provide an explanation. The employee is entitled to written charges and Association to Union representation. 6. The Substance Abuse Professional substance abuse professional (SAP) shall be selected by the employee from a list jointly agreed to by the Association Union and the Board. 7. If the employee disputes a positive test result, he he/she may request a split specimen within seventy-two (72) hours from the time of notification at board Board paid expense. The test shall would be done by a different laboratory and the GC/MS test shall would be used. If the split specimen tests negative, the employee will be paid for any time lost during the 72 hour period. 8. If the first specimen tests positive and the second specimen tests negative, this the second test will be deemed to be the official result of the drug test. 9. Any and all costs incurred by Board required Drug-Alcohol drug- alcohol testing shall be paid by the boardBoard. The Board agrees to compensate regular bus drivers mileage at the current Board rate to and from the school and the testing site. 10. If the employee tests positive on the alcohol (at .04 or above) and/or drug test, he he/she will be suspended without pay until completion of assessment and treatment, if needed. At the conclusion of the assessment and/or treatment, the Superintendent may do one of the following: a) reinstate a. Reinstate the employee to his his/her original position; or. b) suspend b. Suspend without pay for up to three days at the Superintendent’s discretion. c) c. If the employee has more than five years of service and it is a first offense involving the violation of the drug/-alcohol testing policy and no accident is involved, the employee may: i1.) be Be assigned to a non-safety sensitive position if available and if qualified. Otherwise, the individual will be placed on a recall list for the first position available and for which he he/she is qualified; or ii. 2.) be Be terminated under 3319.081 O.R.C. (Ohio Revised Code).O.R.C. d) d. If the employee has five years or less of service, or if it is a second offense involving the violation of the drug/-alcohol testing policy, or if an accident is involved, the employee may be terminated after a hearing. The employee may challenge the termination at binding arbitration but only on the validity of the test results and not on mitigation of the penalty. This procedure, for circumstances covered by J.4 shall prevail over that contained in 3319.081 O.R.C. and/or the that applicable collective bargaining agreement. 11. If the employee tests positive on the alcohol test (below .04), disciplinary action, if any: a) shall : a. Shall be governed by 3319.081 O.R.C. and not under the terms of the collective bargaining agreement; or b. May result in the employee being suspended without pay for up to three (3) days at the Superintendent’s discretion. 12. The employee must present to the Superintendent written evidence of completion of assessment and /or treatment.

Alcohol/Drug Testing. 1. A. Districts may include drug education awareness training as part of regular district in-service programs for all transportation employees. The Board’s testing policy and Federal federal Regulations, Subpart F, Alcohol Misuse and Controlled Substance Use Information (Part VII, p. 7513- 7513-7514), shall be given to affected employees. This The employee shall sign a proof of receipt. 2. B. The Supervisor who makes the determination that “reasonable suspicion” exists to test employees shall create a written report setting forth the specific observations relied upon to order the test. The Supervisor that makes the determination cannot also conduct the alcohol/drug alcohol test. 3. C. Random testing will be done during scheduled work time. If not scheduled during the regular workday, driver will be paid at their regular rate for two (2) hours. 4. D. The same laboratory shall be used for all testing except as specified in subsection 7 G below. Upon request, the name of the laboratory shall be provided to the Association office at the beginning of each school year. 5. E. Employees have a right to a hearing in order to provide the employee an opportunity to dispute any information and for the employer, prior to suspending the employee and/or ordering referral to evaluation, to provide an explanation. The employee is entitled to written charges and Association association representation. 6. F. The Substance Abuse Professional (SAP) shall be selected by the employee from a list jointly agreed to by the Association Union and the Board. 7. G. If the employee disputes a positive drug test result, he he/she may request a split specimen within seventy-two (72) hours from the time of notification at board Board paid expense. The drug test shall be done by a different laboratory and the GC/MS test shall be used. If the split specimen tests negative, the employee will be paid for any time lost during the 72 hour hours period. 8. H. If the first specimen tests positive and the second specimen tests negative, this will be deemed to be the official result of the drug test. 9. I. Any and all Board required Drug-Alcohol testing shall be paid by the boardBoard. 10. J. If the employee tests test positive on the alcohol (at .04 or above) and/or drug test, he he/she will be suspended without pay until completion of assessment and treatment, if needed. At the conclusion of the assessment and/or treatment, the Superintendent may do one of the following: a) 1. reinstate the employee to his his/her original position; or b) 2. suspend without pay for up to three days at the Superintendent’s discretion c) If 3. if the employee has more than five years of service and it is a first offense involving the violation of the drug/alcohol testing policy and no accident is involved, the employee may: i) a. be assigned to a non-safety sensitive position if available and if qualified. Otherwise, the individual will be placed on a recall list for the first position available and for which he he/she is qualified; or ii) . b. be terminated under 3319.081 O.R.C. (Ohio Revised Code).O.R.C. d) 4. If the employee has five years or less of service, or it is a second offense involving the violation of the drug/alcohol testing policy, or an accident is involved, the employee may be terminated after a hearing. The employee may challenge the termination at binding arbitration but only on the validity of the test results and not on mitigation of the penalty. This procedure, for circumstances covered by J.4 J. 4 shall prevail over that contained in 3319.081 O.R.C. and/or the applicable collective bargaining agreement. 11. K. If the employee tests positive on the alcohol test (below .04), ) disciplinary action, if any: a) 1. shall be governed by 3319.081 O.R.C. and not under the terms of the collective bargaining agreement; oragreement or 2. may result in the employee being suspended without pay for up to three (3) days at the Superintendent’s discretion. L. The employee must present to the Superintendent written evidence of completion of assessment and/or treatment. Any assessment and/or treatment is the personal responsibility of the employee as provided by his/her health care coverage. Summary of Drug/Alcohol Amendment

Alcohol/Drug Testing. 1. Districts may include drug education awareness training as part of regular district District in-service programs for all transportation employees. The Board’s 's testing policy and Federal Regulationsregulations, Subpart Fsubpart f, Alcohol Misuse alcohol misuse and Controlled Substance Use Information controlled substance use information (Part part VII, p. 7513- 7513-7514), shall be given to affected employeesbargaining unit members. This employee The member shall sign a proof of receipt. 2. The Supervisor supervisor who makes the determination that “"reasonable suspicion” " exists to test employees bargaining unit members shall create a written report setting forth the specific observations relied upon to order the test. The Supervisor supervisor that makes the determination cannot also conduct the alcohol/drug alcohol test. 3. Random testing will be done during a bargaining unit member’s scheduled work time. If not scheduled during the regular workday, driver will be paid at their regular rate for two (2) hours. 4. The same laboratory shall be used for all testing except as specified in subsection 7 Subsection 7, below. Upon request, the name of the laboratory shall be provided to the Association office President at the beginning of each school year. 5. Employees Bargaining unit members have a right to a hearing in order to provide the employee member an opportunity to dispute any information and for the employer, prior to suspending the employee member and/or ordering referral to evaluation, to provide an explanation. The employee member is entitled to written charges and Association representation. 6. The Substance Abuse Professional substance abuse professional (SAP) shall be selected by the employee bargaining unit member from a list jointly agreed to by the Association and the Board. 7. If the employee disputes member disputed a positive test result, he he/she may request a split specimen within seventy-two (72) hours from the time of notification at board Board-paid expense. The test shall be done by a different laboratory and the GC/MS test shall be used. If the split specimen tests negative, the employee member will be paid for any time lost during the 72 seventy-two (72) hour period. 8. If the first specimen tests positive and the second specimen tests negative, this will be deemed to be the official result of the drug test. 9. Any and all Board required Drug-Alcohol drug/alcohol testing shall be paid by the boardBoard. 10. If the employee bargaining unit member tests positive on the alcohol (at .04 or above) and/or drug test, he he/she will be suspended without pay until completion of assessment and treatment, if needed. At the conclusion of the assessment and/or treatment, the Superintendent may do one of the following: a) reinstate a. Reinstate the employee member to his his/her original position; or. b) suspend b. Suspend without pay for up to three (3) days at the Superintendent’s 's discretion. c) c. If the employee member has more than five (5) years of service and it is a first offense involving the violation of the drug/alcohol testing policy and no accident is involved, the employee member may: i(1) be Be assigned to a non-safety sensitive position if available and if qualified. Otherwise, the individual member will be placed on a recall list for the first position available and for which he he/she is qualified; or ii. (2) be Be terminated under 3319.081 O.R.C. (Ohio Revised Code)3391.081 ORC. d) d. If the employee bargaining unit member has five (5) years or less of service, or it is a second offense involving the violation of the drug/alcohol testing policy, or an accident is involved, the employee member may be terminated after a hearing. The employee member may challenge the termination at binding arbitration but only on the validity of the last test results and not on mitigation of the penalty. This procedure, for circumstances covered by J.4 10.d. shall prevail over that contained in ORC 3319.081 O.R.C. and/or the applicable collective bargaining agreementCollective Bargaining Agreement. 11. If the employee tests positive on the alcohol test (below .04), disciplinary action, if any: a) shall be governed by 3319.081 O.R.C. and not under the terms of the collective bargaining agreement; or