Common use of Conduct of Tests Clause in Contracts

Conduct of Tests. The City may use breathalyzer tests for alcohol testing. In conducting the testing authorized by this Agreement (other than by use of a breathalyzer, with respect to which only item H., below, shall apply), the City shall: A. Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has and/or is capable of being accredited by the National Institute of Drug Abuse (NIDA); B. Insure that the laboratory or facility selected conforms to all NIDA standards, including blind testing; C. Use tamper-proof containers, have a chain-of-custody procedure, maintain confidentiality, and preserve specimens for a minimum of twelve (12) months. The laboratory or facility must be willing to demonstrate their sample handling procedures to the Union at any time. The laboratory or facility shall participate in a program of "blind" proficiency testing where they analyze unknown samples sent by an independent party. The laboratory or facility shall make such result available to the Union upon request. All testing shall be by chemical analysis of a urine sample by gas chromatography/mass spectrometry (GC/MS). At the time a urine specimen is given, the employee shall be given a copy of the specimen collection procedures; the specimen must be immediately sealed, labeled and initialed by the employee to ensure that the specimen tested by the laboratory is that of the employee. D. Collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the employee. E. Collect samples in such manner as to ensure a high degree of security for the sample and its freedom from adulteration. F. Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography plus mass spectrometry or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; X. Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's own choosing, at the employee's own expense, provided the employee notifies the Personnel Director in writing within seventy-two (72) hours of receiving the results of the tests of the employee's desire to utilize another laboratory or hospital facility. H. Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results that show an alcohol concentration of .02 or more (or such lesser concentration as may hereafter be established by Illinois state statute for the application of prohibitions against driving while intoxicated) based upon the grams of alcohol per I 00 milliliters of blood be considered positive; I. Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results; X. Insure that no employee is subject to any adverse employment action except emergency temporary reassignment with pay or relief from duty with pay during the pending of any testing procedure. Any such reassignment from duty shall be immediately discontinued in the event of a negative test result, and all records of the testing procedure will be expunged from the employee's personnel files. K. Require that the laboratory or hospital facility report to the City that a blood or urine sample is positive only if both the initial and confirmatory tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understanding expressed herein, the City shall not use such information in any manner or forum adverse to the employee's interest. L. Engage the services of a medical expert experienced in drug testing to design an appropriate questionnaire to be filled out by any employee being tested to provide information of food or medicine or other substance eaten or taken by or administered to the employee which may affect the test results and to interview the employee in the event of positive test results to determine if there is any innocent explanation for the positive reading.

Conduct of Tests. The City may use breathalyzer tests for alcohol testing. In conducting the testing authorized by this Agreement (other than by use of a breathalyzer, with respect to which only item H., below, shall apply), require the City shallDistrict to: A. a. Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has and/or is capable or meets the certification requirements of being accredited by the National Institute of Drug Abuse (NIDA);the B. Insure b. Ensure that the laboratory or facility selected conforms to all NIDA SAMHSA standards, including blind testing;. C. c. Use tamper-tamper proof containers, have a chain-of-custody procedure, maintain confidentiality, confidentiality and preserve specimens for a minimum of twelve (12) months. The laboratory or facility must be willing to demonstrate their sample handling procedures to the Union at any time. The laboratory or facility shall participate in a program of "blind" proficiency testing where they analyze unknown samples sent by an independent party. The laboratory or facility shall make such result available to the Union upon request. All testing shall be by chemical analysis of a urine sample by gas chromatography/mass spectrometry (GC/MS). At the time a urine specimen is given, the employee shall be given a copy of the specimen collection procedures; the specimen must be immediately sealed, labeled and initialed by the employee to ensure that the specimen tested by the laboratory is that of the employee. D. d. Collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the employee. E. e. Collect samples in such a manner as to ensure a high degree of security for the sample and its freedom from adulteration. F. f. Confirm any sample that tests positive in the initial screening for of drugs by testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites;. X. g. Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's ’s own choosing, at the employee's ’s own expense, provided the employee notifies the Personnel Director Superintendent in writing within seventyforty-two eight (7248) hours of receiving the results of the tests of the employee's ’s desire to utilize another laboratory or hospital facility. H. Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results that show an alcohol concentration of .02 or more (or such lesser concentration as may hereafter be established by Illinois state statute for the application of prohibitions against driving while intoxicated) based upon the grams of alcohol per I 00 milliliters of blood be considered positive; I. h. Provide each employee tested with a copy of all information and reports received by the City District in connection with the testing and the results;. X. Insure i. Ensure that no employee is subject to any adverse employment action except emergency temporary reassignment with pay or relief from duty with pay during the pending pendency of any testing procedure. Any such reassignment or relief from duty shall be immediately discontinued in the event of a negative test result, and all records of the testing procedure will be expunged from the employee's ’s personnel files. K. j. Require that the laboratory or hospital facility report to the City District that a blood or urine sample is positive only if both the initial and confirmatory tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the City District inconsistent with the understanding expressed herein, the City District shall not use such information in any manner or forum adverse to the employee's interest’s interests. L. k. Engage the services service of a medical expert experienced in drug testing to design an appropriate questionnaire to be filled out by any employee being tested to provide information of food or medicine or other substance eaten or taken by or administered to the employee which may affect the test results and to interview the employee in the event of positive test results to determine if there is any innocent explanation for the positive reading.

Conduct of Tests. The City may use breathalyzer tests for alcohol testing. In conducting the testing authorized by this Agreement (other than by use of a breathalyzer, with respect to which only item H., below, shall apply)Agreement, the City Board shall: A. Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has and/or is capable of being accredited by the National Institute of Drug Abuse (NIDA);. B. Insure that the laboratory or facility selected conforms to all NIDA (National Institute on Drug Abuse) standards, including blind testing;. C. Use of tamper-proof containers, have a chain-of-custody procedure, maintain confidentiality, and preserve specimens for a minimum of twelve (12) months. The laboratory or facility must be willing to demonstrate their sample handling procedures to the Union at any time. The laboratory or facility shall participate in a program of "blind" proficiency testing where they analyze unknown samples sent by an independent party. The laboratory or facility shall make such result results available to the Union upon request. All testing shall be by chemical analysis of a urine sample by gas chromatography/mass spectrometry (GCGS/MS). At the time a urine specimen is given, the employee shall be given a copy of the specimen collection procedures; the specimen must be immediately sealed, labeled and initialed by the employee to ensure that the specimen tested by the laboratory is that of the employee. D. Collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later Inter testing if requested by the employee. E. Collect samples in such manner as to ensure a high degree of security for the sample and its freedom from adulteration. F. Confirm any sample that tests positive in the initial screening for drugs by testing the a second portion of the same sample by gas chromatography plus mass spectrometry or an equivalent or better scientifically accurate and accepted method that provides quantitative 'data about the detected drug or drug metabolites; X. G. Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's ’s own choosing, at the employee's own expense, provided the employee notifies the Personnel Director Board in writing within seventy-two (72) hours of receiving the results of the tests of the employee's desire to utilize another laboratory or hospital facility. H. X. Require that with regard to alcohol testing, for , 1. An initial test result of .019 or below is considered a negative result and the purpose of determining whether the employee Employee is under the influence of alcohol, test results that show an alcohol concentration free to return to work. 2. An initial result of .02 or more (or such lesser concentration as may hereafter be established by Illinois state statute for the application of prohibitions against driving while intoxicated) based upon the grams of alcohol per I 00 milliliters of blood be higher is considered positive; I. Provide each employee tested with a copy of all information and reports received by the City in connection with the testing neither negative nor positive and the results; X. Insure that no employee is subject Employee must undergo a confirmatory test as soon as practicable, but not to any adverse employment action except emergency temporary reassignment with pay or relief exceed thirty (30) minutes from duty with pay during the pending time of any testing procedure. Any such reassignment from duty shall be immediately discontinued the original test in the event of a breathalyzer test. a. If the confirmatory test registers below .02, the result will be considered negative and the Employee will be free to return to work. b. If the confirmatory test resultregisters between .02 - .039, the Employee will be presumed to be “under the influence”, and all records of the testing procedure will be expunged from the employee's personnel files. K. Require that the laboratory or hospital facility report to the City that a blood or urine sample is positive only if both the initial and immediately relieved of duty. At this confirmatory tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understanding expressed hereintest level, the City shall not use such information in Employee will be offered an opportunity to present any manner or forum adverse to the employee's interest. L. Engage the services of a medical expert experienced in drug testing to design an appropriate questionnaire rebuttal evidence to be filled out by any employee being tested considered in determining whether the Employee is in violation of this Policy. If the Employee is not able to provide information of food overcome the presumption that he/she was under the influence, he/she will be subject to further disciplinary action up to and including discharge c. If the confirmatory test registers .04 or medicine or other substance eaten or taken by or administered to the employee which may affect above, the test results shall be considered positive, the Employee will be considered under the influence, the Employee will be immediately relieved of duty and subject to interview the employee in the event of positive test results further disciplinary action up to determine if there is any innocent explanation for the positive readingand including discharge.

Conduct of Tests. The City may use breathalyzer tests for alcohol testing. In conducting the testing authorized by this Agreement (other than by use of a breathalyzer, with respect to which only item H., below, shall apply)herein specified, the City shall: A. a. Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical clinical Laboratory Act Act, that has and/or or is capable of being accredited by the National Institute of Drug Abuse (NIDA);; Examples of approved labs - B. Insure that the 1) Delnor Community Hospital or 2) West Chicago Medical Center. b. Use only a laboratory or facility selected conforms to all NIDA standards, including blind testing; C. Use tamper-which uses tamper proof containers, have has a chain-of-of- custody procedure, maintain maintains confidentiality, and preserve preserves specimens for a minimum of twelve (12) months. The laboratory or facility must be willing to demonstrate their sample handling procedures to the Union at any timeemployeeship representatives upon reasonable notice. The laboratory or facility shall participate in a program of "blind" proficiency testing where they analyze unknown samples sent by an independent party. The laboratory or facility shall make such result results available to the Union employeeship representatives upon request. All testing shall be by chemical analysis of a urine sample by gas chromatography/mass spectrometry (GC/MS)reasonable notice. At the time a urine specimen is given, the employee shall be given a copy of the specimen collection procedures; , the specimen must be immediately sealed, labeled labeled, and initialed by the employee to ensure that the specimen tested by the laboratory is that of the employee. D. c. Collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the employee. E. d. Collect samples in such manner as to preserve the individual employee's right to privacy, ensure a high degree of security for to the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where there is reasonable suspicion that the employee has or may attempt to compromise the accuracy of the testing procedure. F. e. Confirm any sample that employee who tests positive in the initial screening for drugs by testing the second portion of the same sample by via gas chromatography chromatography, plus mass spectrometry (or an "GCIMS") or the equivalent or better scientifically accurate and accepted method that provides quantitative will provide quantitative, data about the detected drug or drug metabolites; X. f. Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's own choosing, at the employee's own expense, provided the employee notifies the Personnel Director in writing within seventy-two (72) hours of receiving the results of the tests of the employee's desire to utilize another laboratory or hospital facility.: H. Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results that show an alcohol concentration of .02 or more (or such lesser concentration as may hereafter be established by Illinois state statute for the application of prohibitions against driving while intoxicated) based upon the grams of alcohol per I 00 milliliters of blood be considered positive; I. g. Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results;: X. Insure h. Ensure that no employee is subject to any adverse employment action except emergency temporary reassignment with pay re-assignment or relief from duty leave with pay during the pending pendency of any testing procedure. Any such emergency reassignment from duty or leave shall be immediately discontinued in discontinued. In the event of a negative test resultresult after the initial shift period, and all records of the testing procedure will be expunged from the employee's employees personnel files.file; K. i. Require that the laboratory or hospital facility report to the City that when a blood or urine sample is positive only positive. Only if both the initial and confirmatory tests are positive for a particular drugpositive. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understanding expressed herein, the City shall not use such information in any manner or forum form adverse to the employee's ’s interest. L. Engage the services of a medical expert experienced in drug testing to design an appropriate questionnaire to be filled out by any employee being tested to provide information of food or medicine or other substance eaten or taken by or administered to the employee which may affect the test results and to interview the employee in the event of positive test results to determine if there is any innocent explanation for the positive reading.

Conduct of Tests. The City may use breathalyzer tests for alcohol testing. In conducting the testing authorized by this Agreement (other than by use of a breathalyzer, with respect to which only item H., (h) below, shall apply), the City shall: A. (a) Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has and/or been or is capable of being accredited by the National Institute of Drug Abuse (NIDA);. B. (b) Insure that the laboratory or facility selected conforms to all NIDA standards, including blind testing;. C. (c) Use tamper-tamper proof containers, have a chain-of-custody procedure, maintain confidentiality, and preserve specimens for a minimum of twelve (12) months. The laboratory or facility must be willing to demonstrate their sample handling procedures to the Union at any time. The laboratory or facility shall participate in a program of "blind" proficiency testing where they analyze unknown samples sent by an independent party. The laboratory or facility shall make such result available to the Union upon request. All testing shall be by chemical analysis of a urine sample by gas chromatography/mass spectrometry (GC/MS). At the time a urine specimen is given, the employee shall be given a copy of the specimen collection procedures; the specimen must be immediately sealed, labeled and initialed by the employee to ensure that the specimen tested by the laboratory is that of the employee. D. (d) Collect a sufficient sample of the same bodily fluid or material from an employee a firefighter to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if is requested by the employee. E. (e) Collect samples in such a manner as to ensure insure a high degree of security for the sample and its freedom from adulteration. F. (f) Confirm any sample that tests positive in the initial screening for of drugs by testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry or an equivalent or better scientifically accurate and accepted method that provides provide quantitative data about the detected drug or drug metabolites;. X. (g) Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's own choosing, at the employee's own expense, expense provided the employee notifies the Personnel Director Human Resources Manager in writing within seventy-two (72) hours of receiving the results of the tests of the employee's desire to utilize another laboratory or hospital facility. H. (h) Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results that show an alcohol concentration of .02 .04 or more more. (or such lesser concentration as may hereafter be established by Illinois state statute for the application of prohibitions against driving while intoxicatedi) based upon the grams of alcohol per I 00 milliliters of blood be considered positive; I. Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results;. X. (j) Insure that no employee is subject to any adverse employment action except emergency temporary reassignment with pay or relief from duty with pay during the pending of any testing procedure. Any such reassignment from duty shall be immediately discontinued in the event of a negative test result, and all records of the testing procedure will be expunged from the employee's personnel files. K. (k) Require that the laboratory or hospital facility report to the City that a blood or urine sample is positive only if both the initial and confirmatory tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understanding expressed herein, the City shall not use such information in any manner or forum adverse to the employee's interestinterests. L. (l) Engage the services of a medical expert experienced in drug testing to design an appropriate questionnaire to be filled out by any an employee being tested to provide information of food or medicine or other substance eaten or taken by or administered to the employee which may affect the test results and to interview the employee in the event of positive test results to determine if there is any innocent explanation for the positive reading.

Conduct of Tests. The City may use breathalyzer tests for alcohol testing. ‌ In conducting the testing authorized by this Agreement (other than by use of a breathalyzer, with respect to which only item H., below, shall apply)Agreement, the City Village shall: A. Use a. use only a clinical laboratory or hospital facility that which is licensed or certified pursuant to the Illinois Clinical Laboratory Act or that has and/or or is capable of being accredited by the National Institute of Drug Abuse (NIDA); B. Insure that the laboratory or facility selected conforms to all NIDA standards, including blind testing; C. Use tamper-proof containers, have b. establish a chain-of-custody procedure, maintain procedure which maintains confidentiality, ensures integrity of the identity of each sample and preserve test results and preserves specimens for a minimum of twelve six (126) months. The laboratory or facility must be willing to demonstrate their sample handling procedures to the Union at any time. The laboratory or facility shall participate in a program of "blind" proficiency testing where they analyze unknown samples sent by an independent party. The laboratory or facility shall make such result available to the Union upon request. All testing shall be by chemical analysis of a urine sample by gas chromatography/mass spectrometry (GC/MS). At the time a urine specimen is given, the employee shall be given a copy of the specimen collection procedures; the specimen must be immediately sealed, labeled and initialed by the employee to ensure that the specimen tested by the laboratory is that of the employee.; D. Collect c. collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the employee.; E. Collect d. collect samples in such manner as to preserve the individual employee’s right to privacy, ensure a high degree of security for the sample same and its freedom from adulteration.. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a “clean room” for submitting samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure; F. Confirm e. confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GC/MS) or an equivalent or better scientifically accurate and accepted acceptable method that provides quantitative data about the detected drug or drug metabolites; X. Provide f. provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's ’s own choosing, at the employee's ’s own expense, provided the employee notifies the Personnel Director in writing Village within seventy-two (72) hours of receiving the results of the tests test and provided, further, the laboratory or clinic and the testing procedure, including chain of custody, meets or exceeds the employee's desire to utilize another standards established in this Agreement, g. require that the laboratory or hospital facility. H. Require facility report to the Employer that a blood or urine sample is positive only if both the initial and confirmatory test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Village inconsistent with the understanding expressed herein, the Village shall not use such information in any manner or forum adverse to the employee’s interests, h. require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results that show an alcohol concentration of .02 .050 or more (or such lesser concentration as may hereafter be established by Illinois state statute for the application of prohibitions against driving while intoxicated) based upon the grams of alcohol per I 00 100 milliliters of blood be considered positive;positive (Note: the foregoing standard shall not preclude the Village from attempting to show that test results less than .050 demonstrate that the employee was or would be unable properly to perform his or her job duties, but the Village shall bear the burden of proof in such cases), I. Provide i. provide each employee tested with a copy of all information and reports received by the City Village in connection with the testing and the results;; and X. Insure j. ensure that no employee is subject to any adverse employment action except emergency temporary reassignment with pay or relief from duty with pay during the pending pendency of any testing procedure. Any such emergency reassignment from duty shall be immediately discontinued in the event of a negative test result, and all records of the testing procedure will be expunged from the employee's ’s personnel files. K. Require that the laboratory or hospital facility report to the City that a blood or urine sample is positive only if both the initial and confirmatory tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understanding expressed herein, the City shall not use such information in any manner or forum adverse to the employee's interest. L. Engage the services of a medical expert experienced in drug testing to design an appropriate questionnaire to be filled out by any employee being tested to provide information of food or medicine or other substance eaten or taken by or administered to the employee which may affect the test results and to interview the employee in the event of positive test results to determine if there is any innocent explanation for the positive reading.

Conduct of Tests. The City may use breathalyzer breathalyser tests for alcohol testing. In conducting the testing authorized by this Agreement (other than by use of a breathalyzerbreathalyser, with respect to which only item H., (h) below, shall apply), the City shall: A. (a) Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has and/or been or is capable of being accredited by the National Institute of Drug Abuse (NIDA);. B. (b) Insure that the laboratory or facility selected conforms to all NIDA standards, including blind testing;. C. (c) Use tamper-tamper proof containers, have a chain-of-custody procedure, maintain confidentiality, and preserve specimens for a minimum of twelve (12) months. The laboratory or facility must be willing to demonstrate their sample handling procedures to the Union at any time. The laboratory or facility shall participate in a program of "blind" proficiency testing where they analyze unknown samples sent by an independent party. The laboratory or facility shall make such result available to the Union upon request. All testing shall be by chemical analysis of a urine sample by gas chromatography/mass spectrometry (GC/MS). At the time a urine specimen is given, the employee shall be given a copy of the specimen collection procedures; the specimen must be immediately sealed, labeled and initialed by the employee to ensure that the specimen tested by the laboratory is that of the employee. D. (d) Collect a sufficient sample of the same bodily fluid or material from an employee a Fire Fighter to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the employee. E. (e) Collect samples in such a manner as to ensure insure a high degree of security for the sample and its freedom from adulteration. F. (h) Confirm any sample that tests positive in the initial screening for of drugs by testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry or an equivalent or better scientifically accurate and accepted method that provides provide quantitative data about the detected drug or drug metabolites; X. . Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's ’s own choosing, at the employee's ’s own expense, expense provided the employee notifies the Personnel Director in writing within seventy-seventy- two (72) hours of receiving the results of the tests of the employee's ’s desire to utilize another laboratory or hospital facility. H. . Require that with regard to alcohol testing, for the purpose following table shall be used to determine what concentrations of determining whether blood alcohol constitutes a positive test result: Elapsed time since employee has begun his workday to time the employee is under the influence of alcohol, test results that show an alcohol concentration of Presumed to Considered have been Unimpaired: No presumption: impaired: 0 hour - 1 hour .02 or less >.02 but <.04 .04 or more 1 hour - 2 hours .01 or less >.01 but <.03 .03 or more 2 hours - 3 hours .00 >.00 but <.02 .02 or more (3 hours - 4 hours .00 >.00 but <.01 .01 or such lesser concentration as may hereafter more 4 hours - 5 hours .00 >.00 but <.01 .01 or more 5 hours - 6 hours .00 >.00 but <.01 .01 or more 6 hours - 7 hours .00 >.00 but <.01 .01 or more 7 hours - 8 hours .00 >.00 but <.01 .01 or more 8 hours - 9 hours .00 >.00 but <.01 .01 or more Percent by weight of alcohol in the blood shall be established by Illinois state statute for the application of prohibitions against driving while intoxicated) based upon the grams of alcohol per I 00 milliliters 100 cubic centimeters of blood be considered positive;blood. I. (k) Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results; X. . Insure that no employee is subject to any adverse employment action except emergency temporary reassignment with pay or relief from duty with pay during the pending of any testing procedure. Any such reassignment or relief from duty shall be immediately discontinued in the event of a negative test result, and all records of the testing procedure will be expunged from the employee's ’s personnel files. K. file. Require that the laboratory or hospital facility report to the City that a blood or urine sample is positive only if both the initial and confirmatory tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understanding expressed herein, the City shall not use such information in any manner or of forum adverse to the employee's interest. L. ’s interests. Engage the services of a medical expert experienced in drug testing to design an appropriate questionnaire to be filled out by any employee being tested to provide information of food or medicine or other substance eaten or taken by or administered to the employee which may affect the test results and to interview the employee in the event of positive test results to determine if there is any innocent explanation for the positive reading.

Conduct of Tests. The City may use breathalyzer tests for alcohol testing. In conducting the testing authorized by this Agreement (other than by use of a breathalyzer, with respect to which only item H., (h) below, shall apply), the City shall: A. (a) Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has and/or been or is capable of being accredited by the National Institute of Drug Abuse (NIDA);. B. (b) Insure that the laboratory or facility selected conforms to all NIDA standards, including blind testing;. C. (c) Use tamper-tamper proof containers, have a chain-of-custody procedure, maintain confidentiality, and preserve specimens for a minimum of twelve (12) months. The laboratory or facility must be willing to demonstrate their sample handling procedures to the Union at any time. The laboratory or facility shall participate in a program of "blind" proficiency testing where they analyze unknown samples sent by an independent party. The laboratory or facility shall make such result available to the Union upon request. All testing shall be by chemical analysis of a urine sample by gas chromatography/mass spectrometry (GC/MS). At the time a urine specimen is given, the employee shall be given a copy of the specimen collection procedures; the specimen must be immediately sealed, labeled and initialed by the employee to ensure that the specimen tested by the laboratory is that of the employee. D. (d) Collect a sufficient sample of the same bodily fluid or material from an employee a firefighter to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if is requested by the employee. E. (e) Collect samples in such a manner as to ensure insure a high degree of security for the sample and its freedom from adulteration. F. (f) Confirm any sample that tests positive in the initial screening for of drugs by testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry or an equivalent or better scientifically accurate and accepted method that provides provide quantitative data about the detected drug or drug metabolites;. X. (g) Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's own choosing, at the employee's own expense, expense provided the employee notifies the Personnel Director Human Resources Manager in writing within seventy-seventy- two (72) hours of receiving the results of the tests of the employee's desire to utilize another laboratory or hospital facility. H. (h) Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results that show an alcohol concentration of .02 .04 or more more. (or such lesser concentration as may hereafter be established by Illinois state statute for the application of prohibitions against driving while intoxicatedi) based upon the grams of alcohol per I 00 milliliters of blood be considered positive; I. Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results;. X. (j) Insure that no employee is subject to any adverse employment action except emergency temporary reassignment with pay or relief from duty with pay during the pending of any testing procedure. Any such reassignment from duty shall be immediately discontinued in the event of a negative test result, and all records of the testing procedure will be expunged from the employee's personnel files. K. (k) Require that the laboratory or hospital facility report to the City that a blood or urine sample is positive only if both the initial and confirmatory tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understanding expressed herein, the City shall not use such information in any manner or forum adverse to the employee's interestinterests. L. (l) Engage the services of a medical expert experienced in drug testing to design an appropriate questionnaire to be filled out by any an employee being tested to provide information of food or medicine or other substance eaten or taken by or administered to the employee which may affect the test results and to interview the employee in the event of positive test results to determine if there is any innocent explanation for the positive reading.