DRUG/ALCOHOL TESTING. Section 33.1 Drug testing may be conducted on employees during their duty hours upon reasonable suspicion or randomly by computer selection. Alcohol testing will be conducted only upon reasonable suspicion. Reasonable suspicion that an employee used or is using a controlled substance or alcohol in an unlawful or abusive manner may be based upon, but not limited to:
A. Observable phenomena, such as direct observation of drug or alcohol use or possession and/or the physical symptoms of being under the influence of a drug or alcohol;
B. A pattern or abnormal conduct or erratic behavior, including abnormal leave patterns;
C. Arrest or conviction for a drug or alcohol-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug or alcohol possession, use, or trafficking;
D. Information provided either by reliable and credible sources or independently corroborated;
E. Evidence that an employee has tampered with a previous drug test;
F. Facts or circumstances developed in the course of an authorized investigation of an accident or unsafe working practices.
Section 33.2 Drug/alcohol testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings. Under no circumstances may the results of drug/alcohol screening or testing be released to a third party for use in a criminal prosecution against the affected employee. The following procedure shall not preclude the Employer from other administrative action but such actions shall not be based solely upon the initial reagent testing results alone.
Section 33.3 All drug screening tests shall be conducted by laboratories meeting the standards of the Substance Abuse and Mental Health Service Administration. No test shall be considered positive until it has been confirmed by a Gas Chromatography/Mass Spectrometry. The procedures utilized by the Employer and testing laboratory shall include an evidentiary chain of custody control and split sample testing. All procedures shall be outlined in writing and this outline shall be followed in all situations arising under this article.
Section 33.4 Alcohol testing shall be done in accordance with the law of the State of Ohio to detect drivers operating a motor vehicle under the influence. A positive result shall entitle the Employer to proceed with sanctions as set forth in this Article.
Section 33.5 The results of the testing shall be delivered to a specified employee ...
DRUG/ALCOHOL TESTING. 11.1 The parties agree that the maintenance of a drug/alcohol free work place is a goal of both the College and the Union. Employees are prohibited from possession, consumption and/or being under the influence of a controlled substance/alcohol while on the College’s premises or during time paid by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination.
11.2 The College may administer an alcohol and/or drug test of an employee when the College has probable cause or reasonable suspicion to believe the employee is under the influence of a controlled substance and/or alcohol. For the purposes of this section, “probable cause” and “reasonable suspicion” shall be defined as observable and articulable behavior exhibited by an employee that would lead a reasonable adult to conclude that the employee may be under the influence of a controlled substance and/or alcohol. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, of the employee.
11.3 CNM may implement and/or continue random and post-accident drug testing consistent with the determination of “safety sensitive” positions in existing case law. Employees in work areas who work with power tools and /or electricity; heavy equipment such as trucks and automobiles; and hazardous chemicals and equipment are considered safety sensitive and may be subject to random drug testing.
11.4 Employees with substance abuse problems shall continue to be offered the opportunity to utilize the services provided by the College’s Employee Assistance Program (EAP). Depending on the severity of the detected employee’s substance abuse problem, the College may either offer the employee EAP services and/or commence disciplinary action against the employee. An employee’s self-referral to the EAP shall remain confidential and will not be used as the sole basis for disciplinary action.
11.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these new or additional policies and/or procedures, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Human Resource Director.
11.6 Employees who participate in substance abuse programs as a condition of continuing employment with the College shall be subject to return to work agreements and periodic substance abuse ...
DRUG/ALCOHOL TESTING. Drug/alcohol testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings. Under no circumstances may the results of drug/alcohol screening or testing be released to a third party for use in a criminal prosecution against the affected employee. The City conducts the following types of drug/alcohol testing to determine if employees are in compliance with this policy and associated rules of conduct: pre- employment, reasonable suspicion, and post-accident. In addition, employees are tested prior to returning to duty after a positive drug or alcohol test and subject to follow-up testing conducted during the course of a rehabilitation program recommended by a substance abuse professional. A Medical Review Officer (MRO) reviews test results and determines which tests are positive and which are negative. The City shall test for the following drugs: marijuana, amphetamines, opiates, phencyclidine (PCP), cocaine, barbiturates, benzodiazepines, methadone, methaqualone, and propoxyphene.. An initial drug screen is conducted on each specimen. For those specimens that are not negative, a confirmatory gas chromatography/mass spectrometry (GC/MS) test is performed. The test is considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40. An alcohol concentration of .04 percent or greater is considered a positive alcohol test, and in violation of this policy. If a drug or alcohol test produces a positive result, the City may take such actions as authorized in Section 14.6 herein. Sick leave and/or other paid leave may be used while participating in a rehabilitation program. Otherwise, the employee will be placed on leave without pay until return to work following a negative alcohol/ drug test and authorization by the SAP.
DRUG/ALCOHOL TESTING. While abuse of alcohol and drugs among our members is the exception rather than the rule, the Teamsters Local 117 Police Sergeants Negotiating Committee shares the concern expressed by many over the growth of substance abuse in American society. The drug/alcohol testing procedure, agreed to by labor/management, incorporates state-of-the- art employee protections during specimen collection and laboratory testing to protect the innocent. In order to eliminate the safety risks which result from alcohol or drugs, the Parties have agreed to the following procedures. As referred to herein, testing shall be applicable to all entry level probationary employees and any other employee for whom the Port has a reasonable suspicion that the employee is working while under the influence of alcohol or drugs
DRUG/ALCOHOL TESTING. All drivers, as well as other safety sensitive positions, shall be subject to Drug/Alcohol Testing for pre-employment, random, post accident and probable cause, as required under Federal Transit Administration (FTA) Regulations. The Contractor shall pay the costs associated with such testing.
DRUG/ALCOHOL TESTING. Section 1 The Employer believes it is very important to provide a safe workplace for its employees. As an employer, the City is taking steps to address the problem of substance use that negatively affects every workplace, including ours. The Employer is concerned with the health and well-being of all employees. The Employer cannot and will not condone or tolerate behaviors on the part of employees that relate to Substance use, such as:
a. Use of illegal drugs
b. Misuse of alcohol
c. Sale, purchase, transfer, use or possession of any illegal drugs
d. Arrival or return to work under the influence of any drug (legal or illegal) or alcohol to the extent that job performance is affected
e. Misuse of prescription or over-the-counter medications. Management is fully committed to the Employer’s Drug-Free Workplace Program, which establishes clear guidelines for acceptable and Unacceptable employee behavior for everyone in the workplace. The Employer will not tolerate substance use in violation of this Policy. Behaviors related to substance use can endanger all employees, not just substance users. The Employer holds all employees accountable in terms of substance use but also supports getting help for employees. Employees who come forward voluntarily to identify that they have a substance problem will receive support and assistance from the Employer. However, if an employee with a substance problem fails to seek help and the employee then tests positive for drug or alcohol use in violation of this Article, disciplinary action will follow. The decision to permit an employee who tests positive to sign a “second chance/last chance” agreement to seek treatment, will be determined by factors such as quality of job performance, circumstances of the event, length of service and willingness to acknowledge the problem and seek help. The Employer reserves the right to terminate employment for violation of this Article. Employees whose jobs are subject to any special law or regulation may face additional requirements in terms of substance use. The Article covers the five key parts of the Employer’s Drug-Free Workplace Program. The five parts consist of:
A. A written policy that clearly spells out the program and how everyone benefits.
B. Annual substance awareness education for all employees.
C. Training for supervisors regarding their responsibilities.
D. Drug and alcohol testing - the most effective way to change harmful substance use behaviors.
DRUG/ALCOHOL TESTING. 1. An employee may be requested to submit to a drug and/or alcohol test when his/her department head has reasonable suspicion that an employee is under the influence of drugs or alcohol while on the job or subject to being called.
2. Follow-up drug and/or alcohol testing related to rehabilitation (see Rehabilitation) may also be required.
DRUG/ALCOHOL TESTING. The City and Union have agreed on a drug/alcohol policy, a copy of which is attached hereto as Exhibit C and incorporated by reference.
DRUG/ALCOHOL TESTING. The Employer expressly retains the right to test the employees for drugs and alcohol, consistent with state and federal law.
DRUG/ALCOHOL TESTING. The Parties hereto agree to establish a standing joint labour-management committee composed of an equal number of representatives of the Employer and representatives of the Union to examine the issue of drug and alcohol testing. The purpose of this committee is to review, on an ongoing basis, the current state of the law with respect to drug and alcohol testing. The committee will examine, amongst other things, without limitation, current and completed legal cases, policies and procedures adopted by various owner/clients and various trade unions, developments in technology relating to drug and alcohol testing methods including testing for current impairment levels, and the current endorsed Provincial Building and Construction Trades Council of Ontario drug and alcohol testing policy. DATED at TORONTO this 18TH day of JANUARY, 2013.
