Circumstances When Testing May be Required. The Employer may require an employee to submit to drug testing under any of the following circumstances:
A. As part of the initial screening process for employment applicants.
B. As part of an employee's annual physical examination.
C. Whenever an employee is promoted.
D. Whenever two managerial employees concur that there is a reasonable suspicion that an employee is using, or under the influence of, a controlled substance or alcohol or in possession of controlled substance while on duty, or that the employee is abusing controlled substance or alcohol and the abuse either adversely affects his/her job performance or represents a threat to the safety of the employee, his/her co-workers, or the public.
E. Whenever an employee is involved in an accident involving personal injury or property damage which could result in liability of or loss to the Employer.
F. At any time within one year after an employee has been counseled or otherwise disciplined because of a problem with a controlled substance, or within one year after an employee has tested positive for the presence of a controlled substance.
G. As part of a Random Drug and Alcohol Testing Program applicable to employees in safety-sensitive positions.
(1) The parties agree that all current positions within this bargaining unit are designated as “safety-sensitive.”
(2) The parties recognize that because of the need for employees within the Fire Department to work closely together in groups that are assigned to the same shift and equipment/apparatus, selecting one employee for random testing is disruptive to operations. In order to minimize interruptions caused by selecting individual employees at random for testing, the Employer’s Random Drug and Alcohol Testing Program will randomly select groups of employees, by unit (defined as the group of employees assigned to designated equipment or apparatus on the same shift) for testing. That is, all units will be placed in a pool from which the random selection is made. When a unit is selected for random drug and alcohol testing, all employees assigned to the unit will be sent for testing at that time.
(3) It is agreed that the same employee will not be tested through the Random Testing Program more than twice in any 12 month period.
Circumstances When Testing May be Required. The Employer may require an employee to submit to drug testing under any of the following circumstances:
A. As part of the initial screening process for employment applicants.
B. As part of an employee's annual physical examination.
C. Whenever an employee is promoted.
D. Whenever two (2) managerial employees, one (1) is acceptable if two (2) are not reasonably available, concur that there is a reasonable suspicion that an employee is using, or under the influence of, a controlled substance or alcohol or in possession of controlled substances while on duty, or that the employee is abusing controlled substances or alcohol and the abuse either adversely affects his/her job performance or represents a threat to the safety of the employee, his/her co-workers, or the public.
E. Whenever an employee is involved in an accident involving personal injury or property damage which could result in liability of, or loss to the Employer.
F. At any time within one year after an employee has been counseled or otherwise disciplined because of a problem with a controlled substance, or within one year after an employee has tested positive for the presence of a controlled substance.
G. As part of a Random Drug and Alcohol Testing Program applicable to employees in safety-sensitive positions.
(1) The parties agree that all current positions within this bargaining unit are designated as “safety-sensitive.”
(2) The parties recognize that because of the need for employees within the Fire Department to work closely together in groups that are assigned to the same shift and equipment/apparatus, selecting one employee for random testing is disruptive to operations. In order to minimize interruptions caused by selecting individual employees at random for testing, the Employer’s Random Drug and Alcohol Testing Program will randomly select groups of employees, by unit (defined as the group of employees assigned to designated equipment or apparatus on the same shift) for testing. That is, all units will be placed in a pool from which the random selection is made. When a unit is selected for random drug and alcohol testing, all employees assigned to the unit will be sent for testing at that time.
(3) It is agreed that the same employee will not be tested through the Random Testing Program more than twice in any 12 month period.
Circumstances When Testing May be Required. JEA may require an employee to submit to drug and or alcohol testing under any of the following circumstances:
a. Whenever two (2) managerial/supervisory employees concur that there is a reasonable belief that an employee is using, under the influence of, or in possession of illegal drugs and/or alcohol while on duty, or that the employee is abusing illegal drugs and/or alcohol and the abuse either adversely affects his/her job performance or represents a threat to the safety of the employee, his/her co-workers, or the public, and the reasons for such concurrence have been stated to a Union representative.
b. 1. Whenever an employee is involved in an accident involving personal injury or property damage which could result in liability to JEA, loss or damage to JEA property, or involving a personal injury that requires or may require treatment beyond first aid as determined by the medical practitioner (i.e. OSHA Recordable), urine specimens will be collected from all employees directly involved in the accident and stored for future testing. The employee will also be subject to an alcohol breathalyzer test. For purposes of this provision, an employee is considered directly involved in the accident if the employee was in a position or situation where his/her action or inaction could cause, contribute to, contribute after (sequelae) or impact on the accident (regardless of whether the employee was at the location of the accident). If the accident/damage investigation team reveals that employee negligence was a cause, the negligent employee's(s') specimen will be tested. All samples not tested will be destroyed within ten (10) calendar days of the accident/damage investigation team report or within twenty (20) calendar days of the accident if no investigation is held. The accident/damage investigation team shall include a Union executive board member or designee.
Circumstances When Testing May be Required. JEA may require an employee to submit to drug and/or alcohol testing under any of the following circumstances:
(a) Whenever two (2) managerial/supervisory employees concur that there is a reasonable belief that an employee is using, under the influence of, or in possession of illegal drugs and/or alcohol while on duty, or that the employee is abusing illegal drugs and/or alcohol and the abuse either adversely affects his job performance or represents a threat to the safety of the employee, his co-workers, or the public and the reasons for such concurrence have been stated to a Union representative.
(1) Whenever an employee is involved in an accident involving personal injury or property damage which could result in liability to JEA, loss or damage to JEA property, or involving a personal injury that requires treatment beyond first aid (i.e. OSHA Recordable), urine specimens will be collected from all employees directly involved in the accident and stored for future testing. For purposes of this provision, an employee is considered directly involved in the accident if the employee was in a position or situation where his/her action or inaction could cause, contribute to, contribute after (sequelae), or impact on the accident which includes any injuries (regardless of whether the employee was at the location of the accident). If the accident/damage investigation reveals that employee negligence was a cause, the negligent employee’s(s’) specimen(s) will be tested. All samples not tested will be destroyed within ten
Circumstances When Testing May be Required. The City may require an employee to submit to alcohol and/or drug testing under any of the following circumstances:
A. As part of the initial screening process for employment applicants.
B. As required by the Federal Highway Administration, Department of
C. When an employee is promoted.
D. When two managerial employees concur that there is a reasonable suspicion that an employee is using or is under the influence of alcohol or controlled substance while on duty; or is in possession of a controlled substance while on duty; or that the employee is abusing alcohol or controlled substance and the abuse either adversely affects job performance or represents a threat to the safety of the employee, co- workers, or the public.
E. When an employee is involved in an accident involving personal injury or property damage which could result in liability or loss to the City.
F. At any time within one year after an employee has been counseled or otherwise disciplined because of a problem with alcohol or a controlled substance, or within one year after an employee has tested positive for the presence of alcohol or controlled substance.
G. As part of a Random Drug and Alcohol Testing Program applicable to employees in safety-sensitive positions. (See Appendix B for criteria of safety sensitive.)
Circumstances When Testing May be Required. The Employer may require an employee to submit to alcohol and/or drug testing under any of the following circumstances:
A. As part of the initial screening process for employment applicants.
B. As required by the Federal Highway Administration, Department of Transportation, Omnibus Transportation Employee Testing Act of 1991 (OTETA).
C. When an employee is promoted.
D. When one or two managerial employees concur that there is a reasonable suspicion that an employee is using or is under the influence of alcohol or controlled substance while on duty; or is in possession of illegal drugs while on duty; or that the employee is abusing alcohol or controlled substance and the abuse either adversely affects job performance or represents a threat to the safety of the employee, co-workers, or the public.
E. When an employee is involved in an accident involving personal injury or property damage which could result in liability or loss to the Employer.
F. At any time within one (1) year after an employee has been counseled or otherwise disciplined because of a problem with alcohol or illegal drugs, or within one year after an employee has tested positive for the presence of alcohol or illegal drugs.
G. As part of a Random Drug and Alcohol Testing Program applicable to employees in safety-sensitive positions.
Circumstances When Testing May be Required. JEA may require an employee to submit to drug and/or alcohol testing under any of the following circumstances:
a. Whenever two appointed managers concur that there is a reasonable belief that an employee is using, under the influence of, or in possession of illegal drugs and/or alcohol while on duty, or that the employee is abusing illegal drugs and/or alcohol and the abuse either adversely affects his/her job performance or represents a threat to the safety of the employee, his/her co-workers, or the public and the reasons for such concurrence have been stated to an Union Representative.
b. Whenever an employee is involved in an accident involving personal injury or property damage which could result in liability to JEA, loss or damage to JEA property, or involving a personal injury that requires treatment beyond first aid (i.e. OSHA Recordable), urine specimens will be collected from all employees directly involved in the accident and stored for future testing. Employees will also be subject to a breathalyzer test for alcohol. For purposes of this provision, an employee is considered directly involved in the accident if the employee was in a position or situation where his/her action or inaction could cause, contribute to, contribute after, or have an impact on the accident which includes any injuries (regardless of whether the employee was at the location of the accident). If the accident/damage investigation reveals that employee negligence was a cause, the negligent employee’s (s’) specimen(s) will be tested. All samples not tested will be destroyed within ten (10) calendar days of the accident/damage investigation team report or within twenty (20) calendar days of the accident if no investigation is held. The accident/damage investigation team shall include an Union executive board member or designee.
c. An employee with a CDL will be tested for drugs and alcohol when they are involved in a vehicular accident that results in a fatality; or the employee receives a moving violation citation and the accident involved bodily injury requiring medical treatment away from the scene; or one or more vehicles are damaged and disabled requiring towing away from the scene.
d. Any time within one (1) year after an employee has voluntarily admitted a substance problem and entered into a Last Chance Agreement, tested positive for the presence of controlled substances taken from a lawful prescription issued to the employee’s spouse or family member permanently resid...
Circumstances When Testing May be Required. The Employer may require an employee to submit to alcohol and/or drug testing under any of the following circumstances:
A. As part of the initial screening process for employment applicants.
B. As required by the Federal Highway Administration, Department of Transportation, Omnibus Transportation Employee Testing Act of 1991 (OTETA).
C. When an employee is promoted; provided that only the employee selected for promotion shall be tested; and provided further that a drug test under this subsection shall not be conducted if the employee promoted has had a negative drug test within the past six (6) months.
D. When one or two managerial and/or supervisory employees make the observation and determine that there is reasonable suspicion that an employee is using, or under the influence of a controlled substance/drug while on duty, or that the employee is abusing alcohol or controlled substance/drugs and the abuse either adversely affects his job performance or represents a threat to the safety of the employee, his co-workers, or the public, and the basis for the reasonable suspicion is communicated to a Union representative; provided that if, after reasonable efforts, the supervisory/managerial employees are unable to contact a Union representative within one (1) hour, the employee may be required to submit to testing.
E. When an employee who is operating a City vehicle, or operating any vehicle while on City business, is involved in an accident involving personal injury or property damage which could result in liability of, or loss to, the Employer.
F. At any time within one year after an employee has been counseled or otherwise disciplined because of a problem with alcohol or controlled substance/drugs, or within one year after an employee has tested positive for the presence of alcohol or illegal drugs. No employee shall be tested more than one time per year under this provision, unless a rehabilitation or aftercare program specifies more frequent testing.
G. As part of a Random Drug and Alcohol Testing Program applicable to employees in safety-sensitive positions in accordance with criteria set forth in Appendix C. Management’s designation of a position as “safety-sensitive” shall be subject to appeal to the Director of Employee Services, or designee, whose decision may be subject to arbitration. An employee who disputes the safety-sensitive designation of his/her position shall be required to submit a sample in accordance with testing procedures but the resul...
Circumstances When Testing May be Required. 54.3.1 This section applies only to employees who use their Commercial Driver’s License for the benefit of the City. The City Manager, or designee, may require an employee to submit to drug and/or alcohol testing as required by the Federal Highway Administration (FHWA) Controlled Substances & Alcohol Use & Testing Program, 49 CFR 382 et seq. This federal regulation also known as “CDL Testing” requires testing for alcohol as well as for controlled substances. Drug and alcohol threshold levels and procedures for CDL testing shall be as specified in 00 XXX 000, et seq.
54.3.2 The City Manager, or designee, may also require an employee to submit to testing when the employee’s immediate supervisor (Sergeant or above) and a supervisor of the rank of Major or above have a reasonable suspicion to believe that the employee has possessed, used, distributed or been under the influence of illegal drugs or alcohol in violation of this policy. A reasonable or founded suspicion is an opinion which is based on specific and articulable facts and reasonable inferences drawn from those facts in light of experience. A supervisor may suspect that an employee is using or under the influence of illegal drugs or alcohol by observing symptoms or behavior, including but not limited to:
(1) Excessive Absenteeism or chronic lateness.
(2) Drowsiness or sleepiness.
(3) Alcohol on breath.
(4) Slurred or incoherent speech.
Circumstances When Testing May be Required. A. The Employer may require an eligible employee to submit to alcohol and drug testing under any of the following circumstances:
(1) As part of the initial screening process for employment.
(2) When there is a reasonable suspicion that an eligible employee is using, under the influence of, or in possession of alcohol or illegal drugs while on duty, or that the employee is abusing alcohol or illegal drugs and the abuse either adversely affects his/her job performance or represents a threat to the safety of the employee, co-workers, or the public. Reasonable suspicion drug/alcohol testing can be ordered by a captain or higher level commanding officer.
(3) Following a serious accident or incident in which safety precautions were violated or unusually careless acts were performed and there is reasonable suspicion to believe these actions were the result of using drugs or alcohol.
(4) As part of the Sheriff’s Office random drug testing program.
B. The Employer will pay the cost of any tests required by this article.
X. Xxxxxxxx employees who are tested on the basis of reasonable suspicion may be returned to their job, assigned to a different work location, or placed on leave pending receipt of the test results.
X. Xxxxxxx or refusal to submit to substance abuse testing as required by this article shall be cause for discharge.
