Common use of Alcohol Clause in Contracts

Alcohol. (a) A worker who returns a negative alcohol test will be allowed to return to work with no record of the test kept. A worker who returns a positive result for alcohol (above 0.00mg/ml) will be deemed not fit work and will not be permitted to return to work; (b) When a worker tests positive to alcohol in their system the workers blood alcohol concentration (BAC) may be decreasing or it may be increasing. In the interests of safety the Workers will be directed to remain within the testing vicinity and they will be re- tested no sooner than 60 minutes after the original test; (c) If the second test result is 0.000% the test will be regarded as negative and the Worker may return to normal duties. A Positive Result Confirmatory Test will not be recorded in these circumstances; (d) If the later confirmatory test indicates a BAC of greater than 0.000% a Positive Result Confirmatory Test will be recorded; (e) Alcohol testing shall be carried out by an Authorised Testing Agent agreed upon by the PC/Employer and the Union. The following steps shall be undertaken: (i) Details of the identity of the Worker to be tested shall be recorded including the workplace name, work area and their employer will be listed on a drug and alcohol testing record form by the independent Authorised Testing Agent: (ii) Workers with a BAC of greater than zero (greater than 0.000%) shall discontinue any work activities and shall be directed to undertake a second test sixty (60) minutes after the first test and the results recorded on a Drug and Alcohol Testing record Form by the independent Authorised Testing Agent: (iii) Where the second test indicates a level greater than 0.00% BAC the Worker will be further excluded from work duties for the remainder of the shift; (iv) Where a Worker is to be sent home using their own transport this shall only be permitted if the blood alcohol concentration test result is below that prescribed by applicable road transport legislation and has been determined as not rising for that Worker.

Alcohol. (a) A worker who returns a negative alcohol test will be allowed to return to work with no record of the test kept. A worker who returns a positive result for alcohol (above 0.00mg/ml) will be deemed not fit work and will not be permitted to return to work; (b) When a worker tests positive to alcohol in their system the workers blood alcohol concentration (BAC) may be decreasing or it may be increasing. In the interests of safety the Workers will be directed to remain within the testing vicinity and they will be re- re-tested no sooner than 60 minutes after the original test; (c) If the second test result is 0.000% the test will be regarded as negative and the Worker may return to normal duties. A Positive Result Confirmatory Test will not be recorded in these circumstances; (d) If the later confirmatory test indicates a BAC of greater than 0.000% a Positive Result Confirmatory Test will be recorded; (e) Alcohol testing shall be carried out by an Authorised Testing Agent agreed upon by the PC/Employer and the Union. The following steps shall be undertaken: (i) Details of the identity of the Worker to be tested shall be recorded including the workplace name, work area and their employer will be listed on a drug and alcohol testing record form by the independent Authorised Testing Agent: (ii) Workers with a BAC of greater than zero (greater than 0.000%) shall discontinue any work activities and shall be directed to undertake a second test sixty (60) minutes after the first test and the results recorded on a Drug and Alcohol Testing record Form by the independent Authorised Testing Agent: (iii) Where the second test indicates a level greater than 0.00% BAC the Worker will be further excluded from work duties for the remainder of the shift; (iv) Where a Worker is to be sent home using their own transport this shall only be permitted if the blood alcohol concentration test result is below that prescribed by applicable road transport legislation and has been determined as not rising for that Worker.

Alcohol. testing is done by testing breath, using a device called an Evidential Breath Testing Device (a) A worker who returns EBT). The EBT is a negative alcohol test will be allowed to return to work with no record scientific instrument that determines the concentration of the test kept. A worker who returns a positive result for alcohol (above 0.00mg/ml) will be deemed not fit work and will not be permitted to return to work; (b) When a worker tests positive to alcohol in their system the workers bloodstream by analyzing a specific amount of exhaled breath. The test result is a number representing the blood alcohol concentration (BAC), which is expressed in grams of alcohol per 210 liters of breath. The EBT prints out numbered copies of the test results. A BAC of 0.04 or greater indicates alcohol impairment. A BAC between 0.02 and 0.04 indicates likely alcohol impairment. A BAC less than 0.02 indicates no alcohol impairment. People who have been trained and certified as breath alcohol technicians (BAT) will conduct the tests, check the EBT prior to testing to ensure its accuracy, and conduct the tests. Testing should be conducted in an area that allows the employees as much privacy as is feasible. The tester will remain present at all times during the testing procedure. First, in the employee’s presence the BAT makes sure that the EBT is responding accurately. Then, a sealed mouthpiece is opened and placed into the device. The employee is required to blow into the mouthpiece for at least six seconds or until the EBT indicates that it has obtained a sufficient amount of air to test. The EBT will then print the test results, with a copy given to the employee. If the initial test shows a reading less than 0.02 the test is recorded as “negative”. If the initial test results indicate a BAC of 0.02 or greater, a confirmation test will be conducted, after a fifteen (15) minute interval has passed to make sure that the sample was not tainted by recent use of food, tobacco, or other products. The confirmation test is done on the same EBT as the first test. If the two results are different, the confirmation test results are controlling. At this point, the breath alcohol test is completed; the employee must sign the testing form and be provided with a copy. Substance abuse testing that currently exists under the Commercial Drivers License (CDL) Policy shall continue pursuant to the terms of the policy. In addition, the policy may be decreasing or it may be increasingextended by the City to all employees who operate City vehicles. In the interests event the City decides to extend the policy to all drivers, it shall first notify the Union in writing of safety its intent and the Workers will be directed to remain within date of the implementation. The parties understand that the testing vicinity means and they will be re- tested no sooner than 60 minutes after methods defined herein represent the original test; (c) If current standard in the second test result is 0.000% industry for such testing. As such, any testing defined in any City policies that are not consistent with the test will be regarded as negative means and the Worker may return to normal duties. A Positive Result Confirmatory Test will not be recorded in these circumstances; (d) If the later confirmatory test indicates a BAC of greater than 0.000% a Positive Result Confirmatory Test will be recorded; (e) Alcohol testing methods defined herein shall be carried out by an Authorised Testing Agent agreed upon by the PC/Employer and the Unionconsidered updated to conform with this policy. The following steps parties recognize that industry standards may change during the life of this policy. The parties agree to review the means and methods defined herein at reasonable intervals and to update such methods when required. The goal of the parties shall be undertaken: (i) Details of to promote the identity of the Worker to be tested shall be recorded including the workplace namemost efficient, work area effective and their employer will be listed on a drug and alcohol testing record form by the independent Authorised Testing Agent: (ii) Workers with a BAC of greater than zero (greater than 0.000%) shall discontinue any work activities and shall be directed to undertake a second test sixty (60) minutes after the first test and the results recorded on a Drug and Alcohol Testing record Form by the independent Authorised Testing Agent: (iii) Where the second test indicates a level greater than 0.00% BAC the Worker will be further excluded from work duties for the remainder of the shift; (iv) Where a Worker is to be sent home using their own transport this shall only be permitted if the blood alcohol concentration test result is below that prescribed by applicable road transport legislation and has been determined as not rising for that Workeraccurate methods available.

Alcohol. Drug testing 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 Regulations, Subpart F, Alcohol Misuse and Controlled Substance Use Information (a) A worker Part VII, p.7513-7514), shall be given to affected employees. The employee shall sign a proof of receipt. B. The Supervisor who returns makes the determination that "reasonable suspicion" exists to test employees shall create a negative written report setting forth the specific observations relied upon to order the test. The Supervisor that makes the determination cannot also conduct the alcohol test test. C. Random testing will be allowed to return to done during scheduled work with no record time. D. The same laboratory shall be used for all testing except as specified in subsection G below. Upon request, the name of the test keptlaboratory shall be provided to the Association office at the beginning of each school year. 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. A worker who returns The employee is entitled to written charges and association representation. F. The Substance Abuse Professional (SAP) shall be selected by the employee from a list jointly agreed to by the Union and the Board. G. If the employee disputes a positive result 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 alcohol (above 0.00mg/ml) any time lost during the 72-hour period. H. If the first specimen tests positive and the second specimen tests negative, this will be deemed not fit work to be the official result of the drug test. I. Any and will not be permitted to return to work; (b) When a worker tests positive to alcohol in their system the workers blood alcohol concentration (BAC) may be decreasing or it may be increasing. In the interests of safety the Workers will be directed to remain within the testing vicinity and they will be re- tested no sooner than 60 minutes after the original test; (c) If the second test result is 0.000% the test will be regarded as negative and the Worker may return to normal duties. A Positive Result Confirmatory Test will not be recorded in these circumstances; (d) If the later confirmatory test indicates a BAC of greater than 0.000% a Positive Result Confirmatory Test will be recorded; (e) all Board required Drug-Alcohol testing shall be carried out by an Authorised Testing Agent agreed upon paid by the PCBoard. J. 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: 1. Reinstate the employee to his original position 2. Suspend without pay for up to three days at the Superintendent's discretion 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: 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 is qualified. b. be terminated under 3319.081 O.R.C. (Ohio Revised Code) 4. If the employee has five years or less of service, or it is a second offense involving the violation of the drug/Employer and alcohol testing policy, or an accident is involved, the Unionemployee may be terminated after a hearing. The following steps 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. K. If the employee tests positive on the alcohol test (below .04) disciplinary action, if any: 1. shall be undertaken: (i) Details governed by 3319.081 O.R.C. and not under the terms of the identity of the Worker to be tested shall be recorded including the workplace name, work area and their employer will be listed on a drug and alcohol testing record form by the independent Authorised Testing Agent: (ii) Workers with a BAC of greater than zero (greater than 0.000%) shall discontinue any work activities and shall be directed to undertake a second test sixty (60) minutes after the first test and the results recorded on a Drug and Alcohol Testing record Form by the independent Authorised Testing Agent: (iii) Where the second test indicates a level greater than 0.00% BAC the Worker will be further excluded from work duties for the remainder of the shift; (iv) Where a Worker is to be sent home using their own transport this shall only be permitted if the blood alcohol concentration test result is below that prescribed by applicable road transport legislation and has been determined as not rising for that Worker.collective bargaining agreement or

Alcohol. (a) A worker who returns a negative alcohol test will be allowed to return to work with no record of the test kept. A worker who returns a positive result for alcohol (above 0.00mg/ml) will be deemed not fit work and will not be permitted to return to work; (b) . When a worker tests positive to alcohol in their system the workers blood alcohol concentration (BAC) may be decreasing or it may be increasing. In the interests of safety the Workers will be directed to remain within the testing vicinity and they will be re- re-tested no sooner than 60 minutes after the original test; (c) . If the second test result is 0.000% the test will be regarded as negative and the Worker may return to normal duties. A Positive Result Confirmatory Test will not be recorded in these circumstances; (d) . If the later confirmatory test indicates a BAC of greater than 0.000% a Positive Result Confirmatory Test will be recorded; (e) . Alcohol testing shall be carried out by an Authorised Testing Agent agreed upon by the PC/Employer and the Union. The following steps shall be undertaken: (i) : • Details of the identity of the Worker to be tested shall be recorded including the workplace name, work area and their employer Employer will be listed on a drug and alcohol testing record form by the independent Authorised Testing Agent: (ii) . Workers with a BAC of greater than zero (greater than 0.000%) shall discontinue any work activities and shall be directed to undertake a second test sixty (60) minutes after the first test and the results recorded on a Drug and Alcohol Testing record Form by the independent Authorised Testing Agent: (iii) . Where the second test indicates a level greater than 0.00% BAC the Worker will be further excluded from work duties for the remainder of the shift; (iv) ; Where a Worker is to be sent home using their own transport this shall only be permitted if the blood alcohol concentration test result is below that prescribed by applicable road transport legislation and has been determined as not rising for that Worker. Note: If the Worker’s blood alcohol concentration result is greater than or equal to 0.05% BAC, all reasonable assistance is to be afforded to ensure an affected Worker can make their way from the Workplace to a safe location without harm (e.g. taxi, lift from a friend or Supervisor). Contractors will be responsible for the management/arrangements for their employees in accordance with their own employment arrangements. Any Worker that is excluded from work duties for the remainder of a shift or sent home, must, before commencing work for their next shift undertake an alcohol breath test prior to commencing that shift. If the results are negative (0.00mg/ml) the Worker shall be allowed to commence work. If the Worker returns a positive test they will not be allowed to commence work, hence page 12 of this document, 15.1 Alcohol- d) willapply.

Alcohol. Drug testing 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 Regulations, Subpart F, Alcohol Misuse and Controlled Substance Use Information (a) A worker Part VII, p.7513-7514), shall be given to affected employees. The employee shall sign a proof of receipt. B. The Supervisor who returns makes the determination that "reasonable suspicion" exists to test employees shall create a negative written report setting forth the specific observations relied upon to order the test. The Supervisor that makes the determination cannot also conduct the alcohol test test. C. Random testing will be allowed to return to done during scheduled work with no record time. D. The same laboratory shall be used for all testing except as specified in subsection G below. Upon request, the name of the test keptlaboratory shall be provided to the Association office at the beginning of each school year. 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. A worker who returns The employee is entitled to written charges and association representation. F. The Substance Abuse Professional (SAP) shall be selected by the employee from a list jointly agreed to by the Union and the Board. X. If the employee disputes a positive result 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 alcohol (above 0.00mg/ml) any time lost during the 72-hour period. H. If the first specimen tests positive and the second specimen tests negative, this will be deemed not fit work to be the official result of the drug test. I. Any and will not be permitted to return to work; (b) When a worker tests positive to alcohol in their system the workers blood alcohol concentration (BAC) may be decreasing or it may be increasing. In the interests of safety the Workers will be directed to remain within the testing vicinity and they will be re- tested no sooner than 60 minutes after the original test; (c) If the second test result is 0.000% the test will be regarded as negative and the Worker may return to normal duties. A Positive Result Confirmatory Test will not be recorded in these circumstances; (d) If the later confirmatory test indicates a BAC of greater than 0.000% a Positive Result Confirmatory Test will be recorded; (e) all Board required Drug-Alcohol testing shall be carried out by an Authorised Testing Agent agreed upon paid by the PCBoard. J. 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: 1. Reinstate the employee to his original position 2. Suspend without pay for up to three days at the Superintendent's discretion 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: 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 is qualified. b. be terminated under 3319.081 O.R.C. (Ohio Revised Code) 4. If the employee has five years or less of service, or it is a second offense involving the violation of the drug/Employer and alcohol testing policy, or an accident is involved, the Unionemployee may be terminated after a hearing. The following steps 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 X.4 shall prevail over that contained in 3319.081 O.R.C. and/or the applicable collective bargaining agreement. K. If the employee tests positive on the alcohol test (below .04) disciplinary action, if any: 1. shall be undertaken: (i) Details governed by 3319.081 O.R.C. and not under the terms of the identity of the Worker to be tested shall be recorded including the workplace name, work area and their employer will be listed on a drug and alcohol testing record form by the independent Authorised Testing Agent: (ii) Workers with a BAC of greater than zero (greater than 0.000%) shall discontinue any work activities and shall be directed to undertake a second test sixty (60) minutes after the first test and the results recorded on a Drug and Alcohol Testing record Form by the independent Authorised Testing Agent: (iii) Where the second test indicates a level greater than 0.00% BAC the Worker will be further excluded from work duties for the remainder of the shift; (iv) Where a Worker is to be sent home using their own transport this shall only be permitted if the blood alcohol concentration test result is below that prescribed by applicable road transport legislation and has been determined as not rising for that Worker.collective bargaining agreement or