CONSENT AND TRANSPORTATION PROCEDURES. Section 1. The District shall inform the employee that he/she is subject to testing and will state whether the testing is reasonable suspicion, post-accident, or random testing and whether for alcohol and/or drugs. Section 2. If the testing is for reasonable suspicion, the District shall give the employee a copy of the initial Impaired Behavior Report prepared pursuant to this Article 2, Section1. The District shall explain that because of the observation of the employee's behavior, it is necessary to verify the employee's physical capability at that point in time. Section 3. In each and every case, the District shall read the Consent Form to the employee prior to obtaining the employee's signature authorizing the test and release of positive or negative test results. No changes are to be made on the consent form. If the testing is based on reasonable suspicion, both the observing witnesses shall complete the Impaired Behavior Report form. The Union representative shall not be required to complete the form. In completing the Impaired Behavior Report form, the witnesses shall be as accurate and detailed as possible, recording their observations of the employee's behavior which led to their decision to require an examination/test. The witnesses shall state what they actually observed, but refrain from making statements about possible causes of the behavior or making judgmental conclusions. If the employee refuses promptly to take the test or sign a Consent Form, the District shall: 1. Make it clear to the employee that the request to sign the form and take the test is a direct order. 2. Ask the employee if he/she understands the order. If the employee responds that he/she does not understand the order, the supervisor shall explain the order again. 3. Explain to the employee that failure to comply with the order constitutes insubordination which will result in termination. 4. Issue a second direct order to sign the form and take the test. 5. If the employee refuses, inform the employee that he/she will be terminated. Section 4. The District shall arrange for transportation and, in the case of reasonable suspicion testing, accompany the employee to the collection site. In the case of reasonable suspicion or post-accident testing, the District shall use best efforts to notify the Union that the employee is being transported to the collection site. If the employee requests the presence of a Union representative at the time of the collection or at the time of the request for testing, collection shall be delayed for no more than one hour in order to permit a Union representative to reach the location. The urine will be collected by laboratory personnel. Breath testing will be conducted by a Breath Alcohol Technician (BAT). At the conclusion of the collection, the District shall transport the employee to his/her residence, or, if appropriate, back to the work place.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
CONSENT AND TRANSPORTATION PROCEDURES. Section 1. 3.1 The District Publisher shall inform the employee that he/she is subject he has been observed in accordance with the procedures set forth within Article 2, Section 2.1 of this ADDENDUM and he appears to testing meet standards of probable suspicion and will state whether the testing is reasonable suspicion, post-accident, be required to submit to a drug/alcohol test or random testing and whether for that circumstances related to a job or vehicular accident in which he was involved requires that he submit to a drug/alcohol and/or drugstest.
Section 2. If the testing is for reasonable suspicion, the District 3.2 The Publisher shall give the employee a copy of the initial Impaired Behavior Report Reason for Testing Form prepared pursuant to this Article 2, Section1Section 2.1 of this ADDENDUM. The District Publisher shall explain that because there exists probable suspicion of the observation type of the employee's behaviorincident cited in Section 2.1, it is will be necessary to verify the employee's physical capability at that point in time.
Section 3. 3.3 In each and every case, the District Publisher shall read the "Consent Form Form" to the employee prior to obtaining the employee's signature authorizing the test and release of positive or negative test results. No changes are to shall be made on the consent form. If the testing is based on reasonable suspicion"Consent Form." When applicable, both of the observing witnesses shall complete the Impaired Behavior Report "Reason For Testing" form. The Union representative shall not be required to complete the form. In completing the Impaired Behavior Report "Reason For Testing" form, the witnesses shall be as accurate and detailed as possible, recording their observations of the employee's behavior which led them to their decision to require an examination/test. The witnesses shall state what they actually observed, but refrain from making statements about possible causes cause of the behavior or making judgmental conclusions. If the employee refuses promptly to take the examination/test or sign a "Consent Form, ," the District Publisher shall:
1. : Make it clear to the employee that the request to sign the form and take the examination/test is a direct order.
2. Ask the employee if he/she he understands the order. If the employee responds that he/she he does not understand the order, the supervisor shall explain the order again.
3. Explain to the employee that failure to comply with the order constitutes insubordination which will result in termination.
4. Issue a second direct order to sign the form and take the examination/test.
5. If the employee refuses, inform the employee that he/she he will be terminated.
Section 4. 3.4 The District Publisher shall arrange for on-site collection or if not available, for transportation and, in the case of reasonable suspicion testing, and may accompany the employee to the collection specimen collection/test site. In the case of reasonable suspicion or post-accident testing, the District The Publisher representative shall use his best efforts to notify the Union that the employee is being transported required to provide urine and breath samples, and shall conduct or transport the employee to the collection specimen collection/test site. If the employee requests the presence of a Union representative at the time of the collection testing or at the time of the request for of testing, collection testing shall be delayed for no more than one hour in order to permit a Union representative to reach the location. The urine A photo identification may be required to assure identity of the tested employee. If no photo identification is available, a supervisor of the Publisher will be collected by laboratory personnel. Breath testing will be conducted by a Breath Alcohol Technician (BAT)identify the employee. At the conclusion of the collection, specimen collection the District Publisher shall transport the employee to his/her residencein accordance with the procedures set forth within Article 2, or, if appropriate, back to the work placeSection 2.2 of this ADDENDUM.
Appears in 1 contract
Samples: Labor Agreement
CONSENT AND TRANSPORTATION PROCEDURES. Section 1. The District a. Employer shall inform the employee that he/she is subject to testing has been observed, as per Section F.2 (a), that he/she appears impaired/or has been involved in an industrial accident, and will state whether the testing is reasonable suspicion, post-accident, or random testing and whether for be required to submit to a drug/alcohol and/or drugstest.
Section 2. If the testing is for reasonable suspicion, the District shall give the employee b. Give employee(s) copy of impaired behavior report and/or a copy of the initial Impaired Behavior Report prepared pursuant to this Article 2, Section1accident report indicating employee(s) involvement in the reportable on-the-job accident as per Section F.2 (a). The District shall explain Explain that because of the observation or report of the employee's behavior, it is necessary to verify the employee's physical capability at that point in time. Ask the employee whether he/she is aware of any medical condition which may cause the behavior or if he/she has been taking any prescription or non- prescription medication which may impair safe and/or efficient job performance.
Section 3c. Complete a consent form. In each and every case, the District shall read the Consent Form form to the employee prior to obtaining the employee's signature authorizing the exam/test and release of positive or negative medical condition and any test results. No changes are to be made on the consent form. If the testing is based on reasonable suspicion, both Both the observing witnesses shall complete the Impaired Behavior Report form. The Union representative shall not be required to complete the form. In completing the Impaired Behavior Report form, the witnesses shall be as accurate and detailed as possible, recording their observations of the employee's ’s behavior which led to their decision to require an examinationexam/test. The witnesses shall state what they actually observed, but refrain from making statements about possible causes of the behavior or making judgmental conclusions. If the employee refuses to promptly to take the exam/test or sign a Consent Form, the District shallconsent form:
1. i. Make it clear to the employee that the request to sign the form and take the exam/test is a direct order.
2ii. Ask the employee if he/she understands the order. (If the employee responds that he/she does not understand the order, the supervisor shall explain the your order again.)
3iii. Explain to the employee that failure to comply with the order constitutes insubordination which will result in termination.
4iv. Issue a second direct order to sign the form and take the exam/test.
5. v. If the employee refuses, inform the employee that he/she will be is terminated.
Section 4. d. The District employer shall arrange for transportation and, in the case of reasonable suspicion testing, and accompany the employee to the collection exam/test site. In the case of reasonable suspicion or post-accident testing, the District Employer shall use best efforts to notify the Union that the employee is being transported for an exam/test, unless waived by the employee, and shall transport the employee to the collection exam/test site. If Upon arrival, the employee requests Employer will complete the presence of a Union representative at the time of the collection or at the time of the request for testing, collection shall be delayed for no more than one hour in order to permit a Union representative to reach the locationnecessary laboratory form(s). The urine employee will be collected tested by laboratory personnel. Breath testing will be conducted by a Breath Alcohol Technician (BAT)personnel or physician. At the conclusion of the collectionexamination and test(s), the District Employer shall transport the employee to his/her residence, or, if appropriate, back to the work placein accordance with Section F.2 (c).
Appears in 1 contract
Samples: Collective Bargaining Agreement
CONSENT AND TRANSPORTATION PROCEDURES. Section 1. 3.1 The District Publisher shall inform the employee that he/she is subject he has been observed in accordance with the procedures set forth within Article 2, Section 2.1 of this ADDENDUM and he appears to testing meet standards of probable suspicion and will state whether the testing is reasonable suspicion, post-accident, be required to submit to a drug/alcohol test or random testing and whether for that circumstances related to a job or vehicular accident in which he was involved requires that he submit to a drug/alcohol and/or drugstest.
Section 2. If the testing is for reasonable suspicion, the District 3.2 The Publisher shall give the employee a copy of the initial Impaired Behavior Report Reason for Testing Form prepared pursuant to this Article 2, Section1Section 2.1 of this ADDENDUM. The District Publisher shall explain that because there exists probable suspicion of the observation type of the employee's behaviorincident cited in Section 2.1, it is will be necessary to verify the employee's ’s physical capability at that point in time.
Section 3. 3.3 In each and every case, the District Publisher shall read the “Consent Form Form” to the employee prior to obtaining the employee's ’s signature authorizing the test and release of positive or negative test results. No changes are to shall be made on the consent form. If the testing is based on reasonable suspicion“Consent Form.” When applicable, both of the observing witnesses shall complete the Impaired Behavior Report “Reason For Testing” form. The Union representative shall not be required to complete the form. In completing the Impaired Behavior Report “Reason For Testing” form, the witnesses shall be as accurate and detailed as possible, recording their observations of the employee's ’s behavior which led them to their decision to require an examination/test. The witnesses shall state what they actually observed, but refrain from making statements about possible causes cause of the behavior or making judgmental conclusions. If the employee refuses promptly to take the examination/test or sign a “Consent Form, ,” the District Publisher shall:
1. : Make it clear to the employee that the request to sign the form and take the examination/test is a direct order.
2. Ask the employee if he/she he understands the order. If the employee responds that he/she he does not understand the order, the supervisor shall explain the order again.
3. Explain to the employee that failure to comply with the order constitutes insubordination which will result in termination.
4. Issue a second direct order to sign the form and take the examination/test.
5. If the employee refuses, inform the employee that he/she he will be terminated.
Section 4. 3.4 The District Publisher shall arrange for on-site collection or if not available, for transportation and, in the case of reasonable suspicion testing, and may accompany the employee to the collection specimen collection/test site. In the case of reasonable suspicion or post-accident testing, the District The Publisher representative shall use his best efforts to notify the Union that the employee is being transported required to provide urine and breath samples, and shall conduct or transport the employee to the collection specimen collection/test site. If the employee requests the presence of a Union representative at the time of the collection testing or at the time of the request for of testing, collection testing shall be delayed for no more than one hour in order to permit a Union representative to reach the location. The urine A photo identification may be required to assure identity of the tested employee. If no photo identification is available, a supervisor of the Publisher will be collected by laboratory personnel. Breath testing will be conducted by a Breath Alcohol Technician (BAT)identify the employee. At the conclusion of the collection, specimen collection the District Publisher shall transport the employee to his/her residencein accordance with the procedures set forth within Article 2, or, if appropriate, back to the work placeSection 2.2 of this ADDENDUM.
Appears in 1 contract
Samples: Labor Agreement
CONSENT AND TRANSPORTATION PROCEDURES. Section 1. The District shall inform the employee that he/she is subject to testing and will state whether the testing is reasonable suspicion, post-accident, or random testing and whether for alcohol and/or drugs.
Section 2. If the testing is for reasonable suspicion, the District shall give the employee a copy of the initial Impaired Behavior Report prepared pursuant to this Article 2, Section1. The District shall explain that because of the observation of the employee's behavior, it is necessary to verify the employee's physical capability at that point in time.
Section 3. In each and every case, the District shall read the Consent Form to the employee prior to obtaining the employee's signature authorizing the test and release of positive or negative test results. No changes are to be made on the consent form. If the testing is based on reasonable suspicion, both the observing witnesses shall complete the Impaired Behavior Report form. The Union representative shall not be required to complete the form. In completing the Impaired Behavior Report form, the witnesses shall be as accurate and detailed as possible, recording their observations of the employee's behavior which led to their decision to require an examination/test. The witnesses shall state what they actually observed, but refrain from making statements about possible causes of the behavior or making judgmental conclusions. If the employee refuses promptly to take the test or sign a Consent Form, the District shall:.
1. Make it clear to the employee that the request to sign the form and take the test is a direct order.
2. Ask the employee if he/she understands the order. If the employee responds that he/she does not understand the order, the supervisor shall explain the order again.
3. Explain to the employee that failure to comply with the order constitutes insubordination which will result in termination.
4. Issue a second direct order to sign the form and take the test.
5. If the employee refuses, inform the employee that he/she will be terminated.
Section 4. The District shall arrange for transportation and, in the case of reasonable suspicion testing, accompany the employee to the collection site. In the case of reasonable suspicion or post-accident testing, the District shall use best efforts to notify the Union that the employee is being transported to the collection site. If the employee requests the presence of a Union representative at the time of the collection or at the time of the request for testing, collection shall be delayed for no more than one hour in order to permit a Union representative to reach the location. The urine will be collected by laboratory personnel. Breath testing will be conducted by a Breath Alcohol Technician (BAT). At the conclusion of the collection, the District shall transport the employee to his/her residence, or, if appropriate, back to the work place.
Appears in 1 contract
Samples: Collective Bargaining Agreement
CONSENT AND TRANSPORTATION PROCEDURES. Section 1. 3.1 The District Employer shall inform the employee that he/she is subject he has been observed in accordance with the procedures set forth within Article 2, Section 2.1 of this ADDENDUM and he appears to testing meet standards of probable suspicion and will state whether the testing is reasonable suspicion, post-accident, be required to submit to a drug/alcohol test or random testing and whether for that circumstances related to a job or vehicular accident in which he was involved requires that he submit to a drug/alcohol and/or drugstest.
Section 2. If the testing is for reasonable suspicion, the District 3.2 The Employer shall give the employee a copy of the initial Impaired Behavior Report “Reasons for Testing Form” prepared pursuant to this Article 2, Section1Section 2.1 of this ADDENDUM. The District Employer shall explain that because there exists probable suspicion of the observation type of the employee's behaviorincident cited in Section 2.1, it is will be necessary to verify the employee's physical capability at that point in time.
Section 3. 3.3 In each and every case, the District Employer shall read the "Consent Form Form" to the employee prior to obtaining the employee's signature authorizing the test and release of positive or negative test results. No changes are to shall be made on the consent form"Consent Form". If the testing is based on reasonable suspicionWhen applicable, both of the observing witnesses shall complete the Impaired Behavior Report "Reason For Testing" form. The Union representative shall not be required to complete the form. In completing the Impaired Behavior Report "Reason For Testing" form, the witnesses shall be as accurate and detailed as possible, recording their observations of the employee's behavior which led them to their decision to require an examination/test. The witnesses shall state what they actually observed, but refrain from making statements about possible causes cause of the behavior or making judgmental conclusions. If the employee refuses promptly to take the examination/test or sign a "Consent Form", the District Employer shall:
1. : - Make it clear to the employee that the request to sign the form and take the examination/test is a direct order.
2. - Ask the employee if he/she he understands the order. If the employee responds that he/she he does not understand the order, the supervisor shall explain the order again.
3. - Explain to the employee that failure to comply with the order constitutes insubordination which will result in termination.
4. - Issue a second direct order to sign the form and take the examination/test.
5. - If the employee refuses, inform the employee that he/she he will be terminated.
Section 4. 3.4 The District Employer shall arrange for on-site collection or if not available, for transportation and, in the case of reasonable suspicion testing, and may accompany the employee to the collection specimen collection/test site. In the case of reasonable suspicion or post-accident testing, the District The Employer representative shall use his best efforts to notify the Union that the employee is being transported required to provide urine and breath samples, and shall conduct or transport the employee to the collection specimen collection/test site. If the employee requests the presence of a Union representative at the time of the collection testing or at the time of the request for of testing, collection testing shall be delayed for no more than one hour in order to permit a Union representative to reach the location. The urine A photo identification may be required to assure identity of the tested employee. If no photo identification is available, a supervisor of the Employer will be collected by laboratory personnel. Breath testing will be conducted by a Breath Alcohol Technician (BAT)identify the employee. At the conclusion of the collection, specimen collection the District Publisher shall transport the employee to his/her residencein accordance with the procedures set forth within Article 2, or, if appropriate, back to the work placeSection 2.2 of this ADDENDUM.
Appears in 1 contract
Samples: Labor Agreement