Common use of Drug Abuse Prevention and Detection Clause in Contracts

Drug Abuse Prevention and Detection. The parties recognize the problems which drug abuse has created in the construction industry and the need to develop drug abuse prevention programs. Accordingly, the parties agree that in order to enhance the safety of the work place and to maintain a drug free work environment, individual Employers may require applicants or employees to undergo drug screening. The parties agree that if a screening program is implemented by an individual Employer, the following items have been agreed upon by Labor and Management. 1. It is understood that the use, possession, transfer, or sale of illegal drugs, narcotics, or other unlawful substances, is absolutely prohibited while employees are on the Employer’s job premises or while working on any site in connection with work performed under the applicable agreement. 2. All applicants or newly hired employees may undergo a drug screen. 3. Applicants not passing the drug screen will not be placed on the Employer’s payroll or receive any compensation. Employees not passing the drug screen will be removed from the Employer’s payroll. The Employer agrees to pay the cost for administering the drug screen. 4. The Employer may require that an employee be tested for drugs where the Employer has reasonable cause to believe that the employee is impaired from performing his/her job. Observation must be made by at least two (2) persons, one of whom may be a Union employee. This provision shall be applied in a non-discriminatory manner. Supervisors will administer the program in a fair and confidential manner. For employees who refuse to take the test where the prerequisites set forth in this paragraph have been met, there will be a rebuttable presumption that the test result would have been positive for an unlawful substance.

Drug Abuse Prevention and Detection. The parties recognize the problems which drug abuse has created in the construction industry and the need to develop drug abuse prevention programs. Accordingly, the parties agree that in order to enhance the safety of the work place and to maintain a drug free work environment, individual Employers may require applicants or employees to undergo drug screening. The parties agree that if a screening program is implemented by an individual Employer, the following items have been agreed upon by Labor and Management. 1. It is understood that the use, possession, transfer, or sale of illegal drugs, narcotics, or other unlawful substances, is absolutely prohibited while employees are on the Employer’s 's job premises or while working on any site in connection with work performed under the applicable agreement. 2. All applicants or newly hired employees may undergo a drug screen. 3. Applicants not passing the drug screen will not be placed on the Employer’s 's payroll or receive any compensation. Employees not passing the drug screen will be removed from the Employer’s 's payroll. The Employer agrees to pay the cost for administering the drug screen. 4. The Employer may require that an employee be tested for drugs where the Employer has reasonable cause to believe that the employee is impaired from performing his/her job. Observation must be made by at least two (2) persons, one of whom may be a Union employee. This provision shall be applied in a non-discriminatory manner. Supervisors will administer the program in a fair and confidential manner. For employees who refuse to take the test where the prerequisites set forth in this paragraph have been met, there will be a rebuttable presumption that the test result would have been positive for an unlawful substance.