Common use of Drug/Alcohol Screening Clause in Contracts

Drug/Alcohol Screening. (a) Drug screening tests shall be part of the periodic physical examination given to officers to detect the use of illegal drugs or controlled chemical substances. In addition to the periodic physical examination, baseline testing may be administered once per year without prior notice. If the screening is positive, the employee may be ordered to undergo a confirmatory test which shall be administered by a medical laboratory qualified to administer such tests. (b) The Bargaining Unit member may have a second confirmatory test done at a lab of his choosing, at his expense; provided, however, such tests must be done by a laboratory testing all known drugs subject to abuse, having a sensitivity of at least sixty percent (60%) and a specificity of ninety-nine percent (99%). This test shall be given the same weight as the two previous tests. (c) If both the screening and the confirmatory tests are positive, the City may require the Bargaining Unit member to participate in a rehabilitation or detoxification program which is covered by the Bargaining Unit member's health insurance program. A Bargaining Unit member who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, and personal days for the detoxification program. If no such leave credits are available, such Bargaining Unit member shall be placed on a medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program and retest that demonstrates the Bargaining Unit member is no longer using illegal drugs or abusing controlled substances, the Bargaining Unit member shall be returned to his position. Such Bargaining Unit member may be subject to periodic retesting upon his return to his position for a period of one (1) year from the date of his return. Any Bargaining Unit member in the above mentioned rehabilitation or detoxification programs will not lose any seniority or benefits should it be necessary that he be required to take a medical leave of absence without pay for a period not to exceed ninety (90) days. (d) If the Bargaining Unit member refuses to undergo rehabilitation or detoxification, or if he fails to complete a program of rehabilitation, or if he tests positive at any time within one (1) year after his return to work upon completion of the program of rehabilitation, such Bargaining Unit member shall be subject to disciplinary action including removal from office. Except as otherwise provided herein, the costs of all drug screening tests and confirmatory tests shall be borne by the City. (e) For the purpose of this article, “periodic” shall mean not more than one time per year, except that drug tests may be performed at any time upon “reasonable suspicion” of drug use and a Bargaining Unit member may be tested more frequently during the one (1) year period after his return from a rehabilitation or detoxification program.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Drug/Alcohol Screening. (a) A. Drug screening tests shall be part of the periodic physical examination given to officers to detect the use of illegal drugs or controlled chemical substances. In addition to the periodic physical examination, baseline testing may be administered once per year without prior notice. If the screening is positive, the employee may be ordered to undergo a confirmatory test which shall be administered by a medical laboratory qualified to administer such tests. (b) B. The Bargaining Unit bargaining unit member may have a second confirmatory test done at a lab of his choosing, at his expense; , provided, however, such tests must be done by a laboratory testing all known drugs subject to abuse, having a sensitivity of at least sixty percent (60%) per cent and a specificity of ninety-nine percent (99%)) per cent. This test shall be given the same weight as the two previous tests. (c) C. If both the screening and the confirmatory tests are positive, the City may require the Bargaining Unit bargaining unit member to participate in a rehabilitation or detoxification program which is covered by the Bargaining Unit bargaining unit member's ’s health insurance program. A Bargaining Unit bargaining unit member who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, and personal days for the detoxification program. If no such leave credits are available, such Bargaining Unit bargaining unit member shall be placed on a medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program and retest that demonstrates the Bargaining Unit bargaining unit member is no longer using illegal drugs or abusing controlled substances, the Bargaining Unit bargaining unit member shall be returned to his position. Such Bargaining Unit bargaining unit member may be subject to periodic retesting re-testing upon his return to his position for a period of one (1) year from the date of his return. Any Bargaining Unit bargaining unit member in the above mentioned rehabilitation or detoxification programs will not lose any seniority or benefits should it be necessary that he be required to take a medical leave of absence without pay for a period not to exceed ninety (90) days. (d) D. If the Bargaining Unit bargaining unit member refuses to undergo rehabilitation or detoxification, or if he fails to complete a program of rehabilitation, or if he tests positive at any time within one (1) year after his return to work upon completion of the program of rehabilitation, such Bargaining Unit bargaining unit member shall be subject to disciplinary action including removal from office. Except as otherwise provided herein, the costs of all drug screening tests and confirmatory tests shall be borne by the City. (e) E. For the purpose of this article, “periodic” shall mean not more than one time per year, except that drug tests may be performed at any time upon “reasonable suspicion” of drug use and a Bargaining Unit bargaining unit member may be tested more frequently during the one (1) year period after his return from a rehabilitation or detoxification program. F. For the purposes of implementing the provisions of this article, each bargaining unit member shall execute medical releases in order for the City to obtain the results of the physical examinations/drug screen testing provided for in this article. Except as otherwise provided by state or federal law with regard to communicable diseases, or with the permission of the bargaining unit member, the releases referred to in this section shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical finding may be released without the express written permission of the bargaining unit member. G. If a bargaining unit member is indicted in connection with drug use or abuse, and is not disciplined or discharged by the Employer, the bargaining unit member shall be placed on a leave of absence without pay until resolution of the court proceedings. A bargaining unit member may use accrued vacation or holiday time during such leave. A bargaining unit member found guilty by a court of competent jurisdiction shall be summarily discharged. A bargaining unit member found innocent of the charges shall be paid for all straight time hours and shall have any vacation or holiday time, which was used during such leave, restored to his credit. The bargaining unit member’s health insurance premiums will be paid during the leave of absence.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Drug/Alcohol Screening. (a) Drug screening tests shall be part of the periodic physical examination given to officers to detect the use of illegal drugs or controlled chemical substances. In addition to the periodic physical examination, baseline testing may be administered once per year without prior notice. If the screening is positive, the employee may be ordered to undergo a confirmatory test which shall be administered by a medical laboratory qualified to administer such tests. (b) The Bargaining Unit member may have a second confirmatory test done at a lab of his choosing, at his expense; provided, however, such tests must be done by a laboratory testing all known drugs subject to abuse, having a sensitivity of at least sixty percent (60%) per cent and a specificity of ninety-nine percent (99%). This test shall be given the same weight as the two previous tests. (c) If both the screening and the confirmatory tests are positive, the City may require the Bargaining Unit member to participate in a rehabilitation or detoxification program which is covered by the Bargaining Unit member's ’s health insurance program. A Bargaining Unit member who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, and personal days for the detoxification program. If no such leave credits are available, such Bargaining Unit member shall be placed on a medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program and retest that demonstrates the Bargaining Unit member is no longer using illegal drugs or abusing controlled substances, the Bargaining Unit member shall be returned to his position. Such Bargaining Unit member may be subject to periodic retesting upon his return to his position for a period of one (1) year from the date of his return. Any Bargaining Unit member in the above mentioned rehabilitation or detoxification programs will not lose any seniority or benefits should it be necessary that he be required to take a medical leave of absence without pay for a period not to exceed ninety (90) days. (d) If the Bargaining Unit member refuses to undergo rehabilitation or detoxification, or if he fails to complete a program of rehabilitation, or if he tests positive at any time within one (1) year after his return to work upon completion of the program of rehabilitation, such Bargaining Unit member shall be subject to disciplinary action including removal from office. Except as otherwise provided herein, the costs of all drug screening tests and confirmatory tests shall be borne by the City. (e) For the purpose of this article, “periodic” shall mean not more than one time per year, except that drug tests may be performed at any time upon “reasonable suspicion” of drug use and a Bargaining Unit member may be tested more frequently during the one (1) year period after his return from a rehabilitation or detoxification program.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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