Common use of Chemical or Mechanical Tests Clause in Contracts

Chemical or Mechanical Tests. Chemical or mechanical tests may be administered to any employee (1) to determine fitness for duty if the Employer has reasonable suspicion to believe that the employee may be unfit for duty, (2) where there is a reasonable suspicion to believe that the employee, when appearing for duty or on the job, is under the influence of, or his/her job performance is impaired by, alcohol or other drugs, (3) when such tests are part of an official internal investigation and, (4) randomly for certain employees as defined in this Section. The reasonable suspicion must be based on objective facts or specific circumstances found to exist that present a reasonable basis to believe that an employee is under the influence of, or is using or abusing alcohol or drugs. Examples of reasonable suspicion include, but are not limited to, slurred speech, disorientation, abnormal conduct or behavior, or involvement in an on-the-job accident resulting in personal injury or property damage or which could have resulted in personal injury or property damage where the circumstances raise a reasonable suspicion concerning the existence of alcohol or other drug use or abuse by the employee. Under this Section, an employee may be required to submit a urine specimen to test for the presence of drugs or alcohol, or a breath sample to test for the presence of alcohol. Any positive test shall be subject to a second independent confirmatory test before any disciplinary action may be initiated. Employees who test positive on both tests shall have the option of completing a treatment program through the State of Ohio EAP in lieu of discipline. Upon successful completion of the treatment program, he/she shall be subject to random tests for a period of one (1) year. Testing of specimens or samples will only be conducted by National Institute of Drug Abuse (NIDA) certified laboratories. All test results shall be evaluated by suitably trained medical or scientific personnel prior to being reported. Where a positive report is received, urine specimens shall be maintained under secure storage for a period of not less than one year. All negative, and/or all unconfirmed positive, test records, specimens, and samples shall be destroyed by the laboratory. BCI Special Agents and Medicaid Fraud Special Agents shall be subject to random drug testing. The parties shall both follow the methods and procedures for random testing outlined below: 1. We will follow the Department of Administrative Services (DAS) random drug testing policy, from the Drug Free Workplace Services Program. The employer will provide each committee member with this manual and additionally will provide the manual for any bargaining unit members who have questions. We will depart from the DAS policy on two points. First, both parties are in agreement that an Agent’s refusal, without good cause, to appear and provide a sample for a test as required will be regarded as an act of insubordination by the employee. Second, the consequence in the DAS manual for failing to appear to take a test is that the test will be counted as positive. We agreed that each result are separable, i.e. an Agent may be disciplined for insubordination for failing to appear, without good cause, for the random drug test, and in addition a test he/she fails to appear for will be counted as positive. If the agent fails to appear for the retest that will be a second act of insubordination and will also be a second positive result. 2. We further agree that the notification period for Special Agents will be 24 hours from the time they are notified. Human Resources will notify Special Agents by telephone and or email, of their need to take the test. The supervisor of the Special Agent will also be informed of the testing date, by Human Resources. [Agents on approved leave will not be notified at home or on vacation of the test requirement. Agents on disability or other extended leave will be passed if their name comes up during their leave.] Within 24 hours of notification from Human Resources, the agent will appear at any of the conveniently located labs list at the back of the DAS random drug testing manual. Failure to appear within the 24 hours will be an act of insubordination subject to discipline. 3. In regard to Narcotics Special Agents specifically, they are expected to immediately report an involvement with illegal drugs and/or alcohol due to the requirements of their job duties. If on a job assignment they are around individuals who are using illegal narcotics or because of the nature of their duty they are required to drink alcohol, they will make those notations in their reports as soon as practical. If a Narcotics Special Agent has not indicated required involvement because of a job assignment, a positive test will be counted as a positive result if he/she has not documented the necessity of partaking in illegal substances or alcohol while on duty. 4. In regard to employer notification, the parties agreed that the employer shall have ten

Chemical or Mechanical Tests. Chemical or mechanical tests may be administered to any employee (1) to determine fitness for duty if the Employer has reasonable suspicion to believe that the employee may be unfit for duty, (2) where there is a reasonable suspicion to believe that the employee, when appearing for duty or on the job, is under the influence of, or his/her job performance is impaired by, alcohol or other drugs, (3) when such tests are part of an official internal investigation and, (4) randomly for certain employees as defined in this Sectionsection. The reasonable suspicion must be based on objective facts or specific circumstances found to exist that present a reasonable basis to believe that an employee is under the influence of, or is using or abusing alcohol or drugs. Examples of reasonable suspicion include, but are not limited to, slurred speech, disorientation, abnormal conduct or behavior, or involvement in an on-the-job accident resulting in personal injury or property damage or which could have resulted in personal injury or property damage where the circumstances raise a reasonable suspicion concerning the existence of alcohol or other drug use or abuse by the employee. Under this Section, an employee may be required to submit a urine specimen to test for the presence of drugs or alcohol, or a breath sample to test for the presence of alcohol. Any positive test shall be subject to a second independent confirmatory test before any disciplinary action may be initiated. Employees who test positive on both tests shall have the option of completing a treatment program through the State of Ohio EAP in lieu of discipline. Upon successful completion of the treatment program, he/she shall be subject to random tests for a period of one (1) year. Testing of specimens or samples will only be conducted by National Institute of Drug Abuse (NIDA) certified laboratories. All test results shall be evaluated by suitably suitable trained medical or scientific personnel prior to being reported. Where a positive report is received, urine specimens shall be maintained under secure storage for a period of not less than one (1) year. All negative, and/or all unconfirmed positive, test records, specimens, and samples shall be destroyed by the laboratory. BCI Special Agents and Medicaid Fraud Special Agents Bargaining Unit members shall be subject to random drug testing. The parties shall both follow the methods and procedures for random testing outlined belowselection method is as follows: 1. We ) The parties will follow the Department of Administrative Services (DAS) random drug testing policytesting, including referral to the E.A.P. for a first positive test for employees not serving an initial probationary period, from the Drug Free Workplace Services Program. The employer will provide each committee member with this manual and additionally will provide Employees may access the manual for any bargaining unit members who have questionsDrug Free Workplace Manual at the following link: xxxx://xxx.xxxx.xxx/hrd/pdf/dfwpmanual.pdf. We will However, the parties agree to depart from the DAS policy manual on two points. First, both parties are in agreement that an Agent’s a bargaining unit member's refusal, without good cause, to appear and provide a sample for a test as required will be regarded as an act of insubordination by the employee. Second, the consequence in the DAS manual for failing to appear to take a test is that the test result will be counted as positive. We agreed that each Each result are is separable, i.e. an Agent a bargaining unit member may be disciplined for insubordination for failing to appear, without good cause, cause for the random drug test, and in addition a test he/she fails to appear for will be counted as positive. If the agent bargaining unit member fails to appear for the retest that will be a second act of insubordination and will also be a second positive resultinsubordination. 2. We further agree that the ) The notification period for Special Agents bargaining unit members will be 24 24-hours from the time they are notified. learn of the test, from a representative of the Attorney General's Office Human Resources will notify Special Agents by telephone and or emailSection, live voice to live voice, of their need to take the test. Random tests will only be scheduled if the employee is scheduled to work during the next 24 hours. The supervisor of the Special Agent bargaining unit member will also likewise be informed of the bargaining unit member’s testing date, by Human Resources. [Agents (Bargaining unit members on approved leave will not be notified at home or on vacation of the test requirement. Agents Bargaining unit members on disability or other extended leave will be passed if their name comes up during their the leave.] ), Within 24 24-hours of notification from a Human ResourcesResources representative, the agent bargaining unit member will appear at any of the conveniently located labs list at listed in the back of the DAS random drug testing manual. Failure to appear within the 24 24-hours will be an act of insubordination subject to discipline. 3. In regard to Narcotics Special Agents specifically, they ) Forensic Scientists are expected to immediately report an any involvement with illegal drugs and/or alcohol due to the requirements of their job duties. If on a job assignment they are around individuals who are using illegal narcotics or because duties to the testing laboratory at the time of the nature of their duty they are required to drink alcohol, they will make those notations in their reports as soon as practical. If a Narcotics Special Agent has not indicated required involvement because of a job assignment, a positive test will be counted as a positive result if he/she has not documented the necessity of partaking in illegal substances or alcohol while on dutytesting. 4. ) In regard to employer notification, the parties agreed that the employer shall have tenfourteen (14) calendar days after the test results are received by the Employer to inform the bargaining unit member of the results. Failure to meet the fourteen (14) calendar day notification period may act as one defense in any disciplinary action. All test results will be communicated to the bargaining unit member. 5) The parties agreed that a maximum of five bargaining unit members will be subject to random testing each quarter, Time and travel for the random drug test is counted as hours worked; a bargaining unit member shall be paid for the time, and will use state vehicles if available or will be reimbursed for personal mileage for travel to and from the nearest testing site. All required testing shall be paid for by the Employer. 6) The parties agree that only serious exigent circumstances would be an acceptable reason not to attend the test within the prescribed 24-hour period. The parties agree that the bargaining unit member should make every effort to provide the sample at the testing facility as soon as practical after notification. A bargaining unit member's assertion of good cause to be excused from a test on an appointed day shall be reviewed by the employer. The bargaining unit member will make him or herself available until the employer is able to respond with the determination.

Chemical or Mechanical Tests. Chemical or mechanical tests may be administered to any employee (1) to determine fitness for duty if the Employer has reasonable suspicion to believe that the employee may be unfit for duty, (2) where there is a reasonable suspicion to believe that the employee, when appearing for duty or on the job, is under the influence of, or his/her job performance is impaired by, alcohol or other drugs, (3) when such tests are part of an official internal investigation and, (4) randomly for certain employees as defined in this Section. The reasonable suspicion must be based on objective facts or specific circumstances found to exist that present a reasonable basis to believe that an employee is under the influence of, or is using or abusing alcohol or drugs. Examples of reasonable suspicion include, but are not limited to, slurred speech, disorientation, abnormal conduct or behavior, or involvement in an on-the-job accident resulting in personal injury or property damage or which could have resulted in personal injury or property damage where the circumstances raise a reasonable suspicion concerning the existence of alcohol or other drug use or abuse by the employee. Under this Section, an employee may be required to submit a urine specimen to test for the presence of drugs or alcohol, or a breath sample to test for the presence of alcohol. Any positive test shall be subject to a second (2nd) independent confirmatory test before any disciplinary action may be initiated. Employees who test positive on both tests shall have the option of completing a treatment program through the State of Ohio EAP in lieu of discipline. Upon successful completion of the treatment program, he/she shall be subject to random tests for a period of one (1) year. Testing of specimens or samples will only be conducted by National Institute of Drug Abuse (NIDA) certified laboratories. All test results shall be evaluated by suitably trained medical or scientific personnel prior to being reported. Where a positive report is received, urine specimens shall be maintained under secure storage for a period of not less than one (1) year. All negative, and/or all unconfirmed positive, test records, specimens, and samples shall be destroyed by the laboratory. BCI Special Agents and Medicaid Fraud Special Agents shall be subject to random drug testing. The parties shall both follow the methods and procedures for random testing outlined below: 1. We will follow the Department of Administrative Services (DAS) random drug testing policy, from the Drug Free Workplace Services Program. The employer Employer will provide each committee member with this manual and additionally will provide the manual for any bargaining unit members who have questions. We will depart from the DAS policy on two (2) points. FirstFirst (1st), both parties are in agreement that an Agent’s refusal, without good cause, to appear and provide a sample for a test as required will be regarded as an act of insubordination by the employee. SecondSecond (2nd), the consequence in the DAS manual for failing to appear to take a test is that the test will be counted as positive. We agreed that each result are is separable, i.e. an Agent may be disciplined for insubordination for failing to appear, without good cause, for the random drug test, and in addition a test he/she fails to appear for will be counted as positive. If the agent Agent fails to appear for the retest that will be a second (2nd) act of insubordination and will also be a second (2nd) positive result. 2. We further agree that the notification period for Special Agents will be 24 twenty-four (24) hours from the time they are notified. Human Resources will notify Special Agents by telephone and or email, of their need to take the test. The supervisor of the Special Agent will also be informed of the testing date, by Human Resources. [Agents on approved leave will not be notified at home or on vacation of the test requirement. Agents on disability or other extended leave will be passed if their name comes up during their leave.] Within 24 twenty-four (24) hours of notification from Human Resources, the agent Agent will appear at any of the conveniently located labs list at the back of the DAS random drug testing manual. Failure to appear within the 24 twenty-four (24) hours will be an act of insubordination subject to discipline. 3. In regard to Narcotics Special Agents specifically, they are expected to immediately report an involvement with illegal drugs and/or alcohol due to the requirements of their job duties. If If, on a job assignment assignment, they are around individuals who are using illegal narcotics or because of the nature of their duty they are required to drink alcohol, they will make those notations in their reports as soon as practical. If a Narcotics Special Agent has not indicated required involvement because of a job assignment, a positive test will be counted as a positive result if he/she has not documented the necessity of partaking in illegal substances or alcohol while on duty. 4. In regard to employer Employer notification, the parties agreed that the employer Employer shall have tenten (10) days after the test is submitted by the Special Agent to inform the Special Agent of the results. 5. The parties agreed that a maximum of twenty-five percent (25%) of BCI Special Agents will be subject to random testing each quarter, therefore one-hundred percent (100%) of the workforce can be tested each year. Time and travel for the random drug test is counted as hours worked; Agents shall be paid for the time, and Agents may use a state vehicle to travel to and from testing sites. 6. The parties agree only serious exigent circumstances would be an acceptable reason not to attend the test within the prescribed twenty-four (24) hour period. The parties agree that the Agents should make every effort to provide the sample at the testing facility as soon as practical after notification. An Agent’s assertion of good cause to be excused from a test on an appointed day shall be reviewed by the Employer. The Agent will make him or herself available until the Employer is able to respond with the determination. 7. The Employer and employee organization agree to be reasonable about various situations that arise to prevent Agents from taking the test in the period prescribed by the Employer, and the employee organization will be reasonable about any difficulties preventing the Employer from giving notification within the required time period.