Controlled Substance Testing. The legislature provided in Section 21 of Act No. 216 of the Public Acts of 1986 that: “The Department of State Police shall develop a plan for a controlled substance testing program for all present and future department employees. The plan shall include guidelines which the department would follow if the department implemented such a program." Accordingly, the Union and the Department of State Police agreed to bargain in Secondary Negotiations over the identity of safety sensitive positions that would be subject to the Department's controlled substance testing program. In recognition of that Agreement, the normal work day for the unit employees in the State Police Forensic laboratories includes a one half (1/2) hour paid lunch upon Civil Service Commission ratification of the Secondary Agreement. The Secondary agreement reached by the Parties has subsequently been replaced by Article 35, Drug and Alcohol Testing.
Controlled Substance Testing. Upon reasonable cause, the Cambridge School Committee will require an employee to be tested for the use of controlled substances. Reasonable cause is defined as an employee’s observable action, appearance or conduct that clearly indicates the need for a fitness-for-duty medical evaluation. The employee’s conduct must be witnessed by at least two (2) supervisors. The witnesses must have received training in observing a person’s behavior to determine if a medical evaluation is required. When the supervisor(s) addresses an employee, a union representative should be made available. If no building union representative is present, a CEA officer will be contacted and the employee may select another CEA member to accompany him/her. Documentation of the employee’s conduct shall be prepared and signed by the witnesses within twenty- four (24) hours of the observed behavior, or before the test results are released, whichever is earlier. In addition, a copy will be sent to the Union in a timely manner. At the time the urine specimen is collected, the employee may opt to also give a blood sample. If the employee takes this option, the blood sample must confirm positive presence for the substance confirmed in the urine test. If no positive is confirmed in the blood specimen, the employee will be given a warning letter and offered an opportunity for rehabilitation as set forth below. However, if there is a second occasion where reasonable cause testing results in a positive urine test, then the employee will be subject to discharge. If an employee is offered an opportunity for rehabilitation, the employee must meet with the Medical Review Officer or his/her designee to review the test results. If the Medical Review Officer determines a specimen is positive, the employee will have five (5) calendar days to evaluate his/her situation with an approved Employee Assistance Program counselor and then up to fifteen (15) calendar days to enter the rehabilitation treatment center after approval of a leave of absence. The Cambridge School Committee will follow the final recommendations of the Medical Review Officer, who has consulted with the rehabilitation treatment professional as to the appropriate after-care protocol and post-rehabilitation unannounced drug testing. It is understood that if the grievance procedure is utilized contractual time limits on disciplinary action and the employee’s request for rehabilitation will be suspended until resolution of the grievance.
Controlled Substance Testing. No driver shall report for duty, remain on duty or drive a commercial motor vehicle, if the driver tests positive for controlled substances.
Controlled Substance Testing. The number of Covered Employees selected shall be equal to an annual rate of not less than fifty percent (50%) of the number of positions (Drivers and Mechanics), unless a lower rate is permitted under District Administrative Guidelines.
Controlled Substance Testing. The legislature provided in Section 21 34 of Act No. 216 of the Public Acts of 1986 that: 35 “The Department of State Police shall develop a plan for a controlled 36 substance testing program for all present and future department 37 employees. The plan shall include guidelines which the department 38 would follow if the department implemented such a program."
1 Accordingly, the Union and the Department of State Police agreed to 2 bargain in Secondary Negotiations over the identity of safety sensitive 3 positions that would be subject to the Department's controlled 4 substance testing program. In recognition of that Agreement, the 5 normal work day for the unit employees in the State Police Forensic 6 laboratories includes a one half (1/2) hour paid lunch upon Civil 7 Service Commission ratification of the Secondary Agreement. The 8 Secondary agreement reached by the Parties has subsequently been 9 replaced by Article 35, Drug and Alcohol Testing.
Controlled Substance Testing. The parties have agreed that the procedures as set forth in this Article shall be the methodology for all testing and will be modified only in the event that further federal legislation or Department of Transportation regulations require revised testing methodologies or requirements during the term of this Agreement. Should other categories, modifications or types of testing be required by the government, the parties will meet as expeditiously as possible to develop a mutually agreeable procedure. Employees may use the City Employee Assistance Program, a Union sponsored program, as well as any other referral service in choosing an approved program for treatment.
Controlled Substance Testing. The parties have agreed that the procedures as set forth in Article 37, Section 3 shall be the methodology for all testing and will be modified only in the event that further federal legislation or Department of Transportation regulations require revised testing methodologies or requirements during the term of this Agreement. To the extent that a subject if not covered by this Article the appropriate regulation shall control. Should other categories, modifications or types of testing be required by the government, the parties will meet as expeditiously as possible to develop a mutually agreeable procedure. The provisions of Article 45 Section 5 will apply to all employees requesting enrollment in a rehabilitation program following a positive drug test. Employees may use the UPS Employee Assistance Program, a Union sponsored program, as well as any other referral service in choosing an approved program for treatment.
Controlled Substance Testing. Urine specimens shall be collected at a collection site which complies with the procedure set forth in the Act and related regulations and which otherwise conforms to DOT protocols.
Controlled Substance Testing. 1. . The employee being ordered to submit to a drug test shall be allowed to give the samples in private.
2. . Only certified laboratories that are agreed to by the parties and that meet Department of Health and Human Services standards shall be used to conduct the tests. The labs must use tamper-proof containers, have a chain-of-custody procedure, maintain confidentiality, and preserve specimens for a minimum of one (1) year. The labs must be willing to demonstrate their sample handling procedure to the Union at any time. The labs shall participate in a program of "blind" proficiency testing where they analyze samples sent by an independent party. The labs shall make such results available to the Union upon request. The initial test shall use an immunoassay test. Specimens that test negative shall be reported negative and no further testing shall be conducted. Specimens that test positive shall be tested for confirmation by chemical analysis or 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 required procedure is as follows: The urine specimen shall be taken promptly with as little delay as possible. Immediately after the specimen is drawn, the individual containers shall, in the presence of the employee and the Union representative, be labeled and then initialed by the employee. The employee has an obligation to identify each specimen and initial same. The specimens shall be in the transportation container after being drawn. Then the container shall be sealed in the employee's and Union Representative's presence and the employee given an opportunity to initial or sign the container. The container shall be sent to a designated testing laboratory on that day or the soonest normal business day by courier or the fastest other method available. A "split sample" shall be collected and the employee shall be offered the opportunity to have the split sample tested at a laboratory of his/her own choosing. An employee who successfully challenges a positive result shall be reimbursed for the costs associated with challenging the test.
Controlled Substance Testing. No employee shall report for duty or remain on duty if the employee tests positive for controlled substances.
