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)herein specified, the City employer shall: A. Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Clinic Laboratory Act that has and/or or is capable of being accredited by the National Institute of Drug Substance Abuse Mental Health Service Agency (NIDASAMHSA);. The laboratory shall be federally certified and hold all state licenses. B. Insure that the 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-custody procedure, maintain which must be followed at all times to preserve the integrity of the sample from collection through storage, the conduct of the tests shall be scientifically valid, maintains confidentiality, and preserve 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 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 least once yearly 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. If the sample is violated in any manner or the procedure is improperly administered, the sample will be invalid for testing. D. C. Collect a sufficient sample of the same bodily fluid or material from an employee a firefighter to allow for initial screening, a confirmatory test 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 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, or otherwise outlined in this appendix. 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 "GC/MS") or the equivalent or better scientifically accurate and accepted method methods that provides will provide quantitative data about the detected drug or drug metabolites;metabolites subject to MRO interpretation. 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 ’s own choosing, choosing at the employee's ’s own expense, provided unless the employee notifies split sample confirmatory test results are negative. Then the Personnel Director in writing within seventy-two (72) hours of receiving test results will be deemed negative, the results cost of the tests split sample confirmatory test shall be paid for by the City, and all records of the testing procedure will be expunged from the employee's desire to utilize another laboratory or hospital facility’s personnel files. 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 employer in connection with the testing and the results;. X. Insure H. Ensure that no employee employee, due to reasonable suspicion, is subject to any adverse employment action because of the suspected alcohol or drug use, except emergency temporary reassignment re- assignment or leave with pay or relief from duty with pay pay, during the pending pendency of any testing procedure. Any such reassignment from duty emergency re-assignment of leave 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. I. Require that the laboratory or hospital facility report to the City that employer when a blood breath or urine sample is positive only if both the initial and confirmatory tests are positive for a particular drugpositive. The parties agree that that, should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understanding expressed herein, the City employer and the union shall not use such information in any manner or forum adverse to the employee's employees’ 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)Agreement, the City Employer shall: A. Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has and/or or is capable of being accredited by the National Institute of Drug Abuse (NIDA); B. Insure Ensure that the laboratory or facility selected conforms to all NIDA standards, including blind testing; C. Use tamper-tamper proof containers, have a chain-of-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 of 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 body fluid or material from an employee a police officer 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 preserve the individual employee's right to privacy, ensure a high degree of security for 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 attempted to compromise the accuracy of the testing procedure; F. Confirm any sample that tests test positive in the initial screening for 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 own choosingchoosing that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA), 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 00 100 milliliters of blood be considered positive; I. Provide each employee tested with a copy of all information and reports received by the City Employer in connection with the testing and the results; X. Insure J. Ensure that no employee is subject to any adverse employment action during the pendency of any testing procedure except emergency temporary reassignment with pay or relief from duty with pay during the pending of any testing procedurepay. 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 personnel files.; K. Require that the laboratory or hospital facility report to the City Employer 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 Employer inconsistent with the understanding expressed herein, the City Employer 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)Agreement, the City Employer shall: A. 1. Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has and/or or is capable of being accredited by the National Institute of Drug Abuse (NIDA); B. 2. Insure that the laboratory or facility selected conforms to all NIDA standards, including blind testingstandards by the presentation of current NIDA certifications; C. 3. 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 handing procedures to the Union at any timeupon a 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 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. 4. Collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside reserved for later testing if requested by the employee.. Blood samples shall be drawn only by qualified medical personnel who are not employees of the Employer; E. 5. Collect samples in such a manner as to ensure preserve the individual employee's right to privacy, insure a high degree of security for 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 attempted to compromise the accuracy of the testing procedure. If the employee is unable to provide a sample, he/she will be kept under direct supervision until the sample is provided; F. 6. 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 or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites;. X. 7. 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 that the laboratory or facility selected conforms to all NIDA standards by the presentation of NIDA certification and provided the employee notifies the Personnel Director in writing Chief within seventy-two (72) hours of receiving the results of the tests of tests; 8. Require that the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening 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 Employer inconsistent with the understanding expressed herein, the Employer will not use such information in any manner or forum adverse to the employee's desire to utilize another laboratory or hospital facility.interests; H. 9. Require that with regard to alcohol testing, for the purpose of determining whether the employee is impaired due to the use of alcohol, the Alcohol Test Standards contained in Section 12 of this Article be used to determine a positive test. (Note: the foregoing standards shall not preclude the Employer from attempting to show that test results in the blood alcohol ranges listed under No Presumption of impairment in the table contained in Section 12 of this Article demonstrate that the person was impaired due to being under the influence of alcohol, test results that show an alcohol concentration but the Employer shall bear the burden of .02 or more (or proof in 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 positivecases); I. 10. Provide each employee tested with a copy of all information and reports received by the City Employer in connection with the testing and the results; records concerning positive test results of an employee will be maintained confidential in the personnel file; X. 11. Insure that no employee firefighter is the subject to of any adverse employment action except emergency temporary reassignment with pay or relief relieved 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 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.