Common use of Conduct of Tests Clause in Contracts

Conduct of Tests. In conducting the testing herein specified, the employer shall: A. Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinic Laboratory Act that has or is capable of being accredited by the Substance Abuse Mental Health Service Agency (SAMHSA). The laboratory shall be federally certified and hold all state licenses. B. Use only a laboratory or facility which uses tamper proof containers, has a chain-of-custody procedure, 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 preserves specimens for a minimum of six (6) months. The laboratory or facility must be willing to demonstrate their sample handling procedures to the union at least once yearly upon 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, 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. C. Collect a sufficient sample of the same bodily fluid or material from a firefighter to allow for initial screening, a confirmatory test, and a sufficient amount to be reserved for later testing if requested by the employee. D. Collect samples in such manner as to preserve the individual right to privacy, ensure a high degree of security 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. E. Confirm any employee who tests positive in the initial screening for drugs by testing the second portion of the same sample via gas chromatography, plus mass spectrometry (or "GC/MS") or the equivalent or better scientifically accurate and accepted methods that will provide quantitative data about the detected drug or drug metabolites subject to MRO interpretation. 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, unless the split sample confirmatory test results are negative. Then the test results will be deemed negative, the cost of the 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 personnel files. G. Provide each employee tested with a copy of all information and reports received by the employer in connection with the testing and the results. H. Ensure that no employee, due to reasonable suspicion, is subject to any adverse employment action because of the suspected alcohol or drug use, except emergency temporary re- assignment or leave with pay, during the pendency of any testing procedure. Any such 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 personnel files. I. Require that the laboratory or hospital facility report to the employer when a breath or urine sample is positive only if both the initial and confirmatory tests are positive. The parties agree that, should any information concerning such testing or the results thereof be obtained inconsistent with the understanding expressed herein, the employer and the union shall not use such information in any manner or forum adverse to the employees’ interest.

Conduct of Tests. In conducting the testing herein specifiedauthorized by this Agreement, the employer Employer shall: A. 1. Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinic Clinical Laboratory Act that has or is capable of being accredited by the Substance National Institute of Drug Abuse Mental Health Service Agency (SAMHSANIDA); 2. The laboratory shall be federally certified and hold all state licenses. B. Use only a Insure that the laboratory or facility which uses selected conforms to all NIDA standards by the presentation of current NIDA certifications; 3. Use tamper proof containers, has have a chain-of-custody procedure, 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 maintain confidentiality, and preserves preserve specimens for a minimum of six twelve (612) months. The laboratory or facility must be willing to demonstrate their sample handling handing procedures to the union at least once yearly Union upon 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 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, labeled and initialed by the employee to ensure that the specimen tested by the laboratory is that of the employee; 4. If the sample is violated in any manner or the procedure is improperly administered, the sample will be invalid for testing. C. Collect a sufficient sample of the same bodily fluid or material from a firefighter 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.. Blood samples shall be drawn only by qualified medical personnel who are not employees of the Employer; D. 5. Collect samples in such a manner as to preserve the individual employee's right to privacy, ensure insure a high degree of security to 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 or may attempt attempted to compromise the accuracy of the testing procedure. If the employee is unable to provide a sample, or otherwise outlined in this appendix.he/she will be kept under direct supervision until the sample is provided; E. 6. Confirm any employee who sample that tests positive in the initial screening for drugs by testing the second portion of the same sample via by gas chromatography, plus mass spectrometry (or "GC/MS") or the an equivalent or better scientifically accurate and accepted methods method that will provide provides quantitative data about the detected drug or drug metabolites subject to MRO interpretationmetabolites. F. 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 's own choosing choosing, at the employee’s 's own expense, unless ; provided that the split laboratory or facility selected conforms to all NIDA standards by the presentation of NIDA certification and provided the employee notifies the Chief within seventy-two (72) hours of receiving the results of the 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 are negativethereof 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 interests; 9. Then 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 will be deemed negativein 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, but the cost Employer shall bear the burden of the 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 personnel files.proof in such cases); G. 10. Provide each employee tested with a copy of all information and reports received by the employer 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; H. Ensure 11. Insure that no employee, due to reasonable suspicion, firefighter is the subject to of any adverse employment action because of the suspected alcohol or drug use, except emergency temporary re- assignment reassignment with pay or leave relieved from duty with pay, pay during the pendency of any testing procedure. Any such emergency re-assignment of leave reassignment 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. I. Require that the laboratory or hospital facility report to the employer when a breath or urine sample is positive only if both the initial and confirmatory tests are positive. The parties agree that, should any information concerning such testing or the results thereof be obtained inconsistent with the understanding expressed herein, the employer and the union shall not use such information in any manner or forum adverse to the employees’ interest.

Conduct of Tests. In conducting the testing herein specifiedauthorized by this Agreement, the employer Employer shall: A. Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinic Clinical Laboratory Act that has or is capable of being accredited by the Substance National Institute of Drug Abuse Mental Health Service Agency (SAMHSANIDA). The laboratory shall be federally certified and hold all state licenses.; B. Use only a Ensure that the laboratory or facility which uses selected conforms to all NIDA standards; C. Use tamper proof containers, has have a chain-of-chain of custody procedure, 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 maintain confidentiality, and preserves preserve specimens for a minimum of six twelve (612) months. The laboratory or facility must be willing to demonstrate their sample handling procedures to the union Union at least once yearly 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 reasonable noticerequest. 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, 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. C. D. Collect a sufficient sample of the same bodily body fluid or material from a firefighter police officer 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. D. E. Collect samples in such manner as to preserve the individual employee's right to privacy, ensure a high degree of security to 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 or may attempt attempted to compromise the accuracy of the testing procedure, or otherwise outlined in this appendix.; E. F. Confirm any employee who tests sample that test positive in the initial screening for drugs by testing the second portion of the same sample via by gas chromatography, plus mass spectrometry (or "GC/MS") or the an equivalent or better scientifically accurate and accepted methods method that will provide provides quantitative data about the detected drug or drug metabolites subject to MRO interpretation.metabolites; F. 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 that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA), at the employee’s 's own expense; H. Require that with regard to alcohol testing, unless the split sample confirmatory test results are negative. Then that show an alcohol concentration of .02 or more based upon the test results will grams of alcohol per 100 milliliters of blood be deemed negative, the cost of the 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 personnel files.considered positive; G. I. Provide each employee tested with a copy of all information and reports received by the employer Employer in connection with the testing and the results.; H. J. Ensure that no employee, due to reasonable suspicion, employee is subject to any adverse employment action because of the suspected alcohol or drug use, except emergency temporary re- assignment or leave with pay, during the pendency of any testing procedureprocedure except emergency temporary reassignment with pay. Any such emergency re-assignment of leave reassignment 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.; I. K. Require that the laboratory or hospital facility report to the employer when Employer that a breath blood or urine sample is positive only if both the initial and confirmatory tests are positivepositive for a particular drug. The parties agree that, that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understanding expressed herein, the employer and the union Employer shall not use such information in any manner or forum adverse to the employees’ employee's interest.