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 of the Employer with command responsibility and the employee tested. An employee whose confirmatory test result is positive shall have the right to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results to the Employer. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, with the employee’s written consent. Refusal to submit to the testing provided for under this Agreement may be grounds for discipline. A. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample. B. In the event that any confirmation drug test results are positive, the employee is entitled to have the split sample tested by another DHHS-certified lab in the manner prescribed above at the employee’s expense. The employee must request the split sample test within seventy-two (72) hours of being notified of a positive result. The results of this test, whether positive or negative, shall be determinative. Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld. Section 33.8 If after the testing required above has produced a positive result the Employer may require the employee to participate in any rehabilitation or detoxification program that is covered by the employee’s health insurance. Discipline allowed by the positive findings provided for above shall be deferred pending rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time and vacation leave for the period of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall be returned to his/her former position. Such employee may be subject to periodic retesting upon his/her return to his/her position for a period of one (1) year from the date of his/her return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days. Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or if he/she tests positive during a retesting within one (1) year after his/her return to work from such a program, the employee shall be subject to disciplinary action, including removal from his/her position and termination of his/her employment. Section 33.10 Costs of all drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request of the employee shall be at the employee’s expense. Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above. Section 33.12 The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
DRUG/ALCOHOL TESTING. Section 33.1 Drug 37.1. Drug/alcohol testing may be conducted on employees (pre-hire, post-incident physical examination, reasonable suspicion, or randomly). In addition, any probationary employee may be required as a condition of employment to participate in any unannounced mandatory drug test scheduled during the probationary period. Bargaining unit employees may of their own volition, even if not ordered to do so, undergo a drug and/or alcohol screening test if they are involved in an on-duty hours upon reasonable suspicion incident or randomly by computer selectionaccident involving bodily injury, extensive property damage or death. Alcohol testing Testing done under these circumstances 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 treated in the course of an authorized investigation of an accident or unsafe working practicessame manner as if the employee had been ordered to undergo screening.
Section 33.2 Drug/alcohol testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings37.2. 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 certified by the Substance Abuse and Mental Health Service AdministrationServices Administration (SAMHSA) or certified by a SAMHSA-recognized certification program. No test shall be considered positive until it has been confirmed by a Gas Chromatographygas chromatography/Mass Spectrometrymass spectrometry full scan test or equivalent. The procedures utilized by the Employer and testing laboratory shall include an evidentiary chain of custody control and split sample testingcontrol. All samples collected shall be contained in two (2) separate containers for use in the prescribed testing procedures. All procedures shall be outlined in writing and this outline shall be followed in all situations arising under this articleArticle.
Section 33.4 37.3. Alcohol testing shall be done in accordance with the law of the State of Ohio to detect drivers operating a motor vehicle employees reporting for duty or on duty while under the influence. A positive result of blood alcohol concentration of .03% or above shall entitle the Employer to proceed with sanctions as set forth in this Article.
Section 33.5 A. The results of the testing shall be delivered to a specified employee of the Employer with command responsibility and the employee tested. An employee whose confirmatory test result is positive shall have the right to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results to the Employer. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, with the employee’s written consentresults. Refusal to submit to the testing provided for under this Agreement may shall be grounds for discipline.
A. B. The Employer may suspend the employee without loss of pay before the time the confirmatory test results are complete. If a drug the screening test is positive, a and confirmatory test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug test results are positive, the Employer may discipline the employee. The use of illegal substances, on or off duty, will ordinarily result in termination. The improper use of prescription drugs and/or alcohol may result in a lesser discipline, depending upon the relevant circumstances. Such discipline must be uniform in its application.
Section 37.5. The Medical Review Officer (MRO) shall notify each employee is entitled who has a confirmed positive test that the employee has seventy-two (72) hours in which to have request a test of the split sample tested by another DHHS-certified lab in specimen. If the manner prescribed above at the employee’s expense. The employee must request requests an analysis of the split sample test specimen within seventy-two (72) hours of being notified having been informed of a verified positive resulttest, the MRO shall direct, in writing, the laboratory to provide the split specimen to another SAMHSA-certified laboratory for analysis. If the employee does not request a test of the split specimen within the authorized time limit or if the analysis of the split specimen confirms the positive results of the original test, the Employer may proceed with the sanctions as set forth in this Article. If the analysis of the split specimen fails to reconfirm the positive results of the original test or if the split specimen is unavailable, inadequate for testing or untestable, the MRO shall cancel the test and report the cancellation and reasons for it to the Employer and the employee. The results of this laboratory shall report as negative all specimens that are negative on the initial test or negative on the confirmatory test, whether . Only specimens confirmed positive or negative, shall be determinativereported positive for a specific drug.
Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer37.6. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld.
Section 33.8 If after the testing required above has produced a positive result result, the Employer may take disciplinary action and/or require the employee to participate in any rehabilitation or detoxification program that is covered by the employee’s health insurance. Discipline allowed by Employee’s testing positive the positive findings provided for above shall first time will be deferred pending rehabilitation of the employee within given an opportunity to sign a reasonable periodlast chance agreement and participate in a rehabilitation/detoxification program. An employee who participates required to participate in a rehabilitation or detoxification program shall be allowed to use sick any available leave time and vacation leave for the period of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program program, and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall will be returned to his/her the employee’s former position. Such employee may be subject to periodic retesting upon his/her return to his/her position work for a period of one (1) year from the date of his/her return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days.
Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or if he/she tests positive during a retesting within one (1) year after his/her return to work from such a program, the employee shall be subject to disciplinary action, including removal from his/her position and termination of his/her employment.
Section 33.10 Costs of all drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request of the employee shall be at the employee’s expense.
Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above.
Section 33.12 The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.one
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DRUG/ALCOHOL TESTING. Section 33.1 Drug 33.1. Drug/alcohol testing may be conducted on employees (post-incident, physical examination, random, or for reasonable suspicion). Reasonable suspicion must be based upon specific facts or observations and reasonable inferences drawn therefrom indicating the employee in question has used or is under the influence of illegal drugs or controlled substances, or has used or is under the influence of alcohol when reporting for duty or while on duty. In addition, any probationary employee may be required as a condition of employment to participate in any unannounced mandatory drug test scheduled during their duty hours upon reasonable suspicion or randomly by computer selectionthe probationary period. Alcohol The Employer shall give the union fourteen (14) calendar days advance notice of the Employer’s intent to implement random drug testing. Random drug testing will be conducted only upon reasonable suspicionin accordance with DOT standards. Reasonable suspicion that an employee used or is using Bargaining unit employees may of their own volition, undergo a controlled substance or drug and/or alcohol screening test if they are involved in an unlawful on duty incident or abusive manner may accident involving serious bodily injury, extensive property damage or death. Testing done under these circumstances will 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 treated in the course of an authorized investigation of an accident or unsafe working practicessame manner as if the employee had been ordered to undergo screening.
Section 33.2 Drug/alcohol testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings33.2. 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 certified by the Substance Abuse and Mental Health Service AdministrationServices Administration (SAMHSA) or certified by a SAMHSA-recognized certification program. The procedures utilized by the Employer and testing laboratory shall follow Department of Transportation standards. No test shall be considered positive until it has been confirmed by a Gas Chromatographygas chromatography/Mass Spectrometrymass spectrometry full scan test or equivalent. The procedures utilized by the Employer and testing laboratory shall include an evidentiary chain of custody control and split sample testingcontrol. All procedures samples collected shall be outlined contained in writing and this outline shall be followed two (2) separate containers for use in all situations arising under this articlethe prescribed testing procedures.
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 influence33.3. A positive result of a blood alcohol concentration of .04% or above shall entitle the Employer to proceed with sanctions as set forth in this Article.
Section 33.5 33.4. The results of the testing shall be delivered to a specified employee of the Employer with command responsibility and the employee testedtested in accordance with this Article. An employee whose confirmatory test result is positive shall have the right to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results to the Employer. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, with the employee’s written consentresults. Refusal to submit to the testing provided for under in this Agreement may Article shall be grounds for discipline.
A. . The Employer may suspend the employee without loss of pay before the time the confirmatory test results are complete. If a drug the screening test is positive, a and confirmatory test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug test results are positive, the Employer may discipline the employee, which may include withholding payment for any days the employee is entitled has already been suspended. The use of illegal substances may ordinarily result in the Employer imposing discipline. The improper use of prescription drugs and/or alcohol may result in a lesser discipline, depending upon the relevant circumstances. Such discipline must be uniform in its application. The disciplinary sanctions set forth in this Article may be waived, at the sole discretion of the Employer, if an employee comes to the Employer prior to being directed for drug/alcohol testing as specified in Section 33.1 above, to admit that he may have a drug or alcohol problem. The provisions of this Article are not directed to discourage employees to seek assistance for substance abuse issues. In the event an employee reports to the Employer or the Employer discovers that an employee has placed himself into a rehabilitation or detoxification program prior to being required to submit for drug/alcohol testing as specified within this Article or to admit that he may have drug or alcohol problem and request assistance the employee may not be subject to discipline, as set forth in this Article, at the discretion of the Employer and provided the employee successfully completes any applicable rehabilitation or detoxification program, whether the employee was ordered to enter such program(s) or did so of his own volition. An employee, as described above, must adhere to the requirements of this Article, including but not limited to, Sections 33.6 and 33.7, contained herein. Employees voluntarily entering a rehabilitation or detoxification program shall be considered to have been ordered to do so by the split sample tested by another DHHS-certified lab in the manner prescribed above at the employee’s expenseEmployer.
Section 33.5. The Medical Review Officer (MRO) shall notify each employee must request who has a confirmed positive test that the split sample test within employee has seventy-two (72) hours of being notified of in which to request a positive result. The results of this test, whether positive or negative, shall be determinative.
Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval test of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld.
Section 33.8 If after the testing required above has produced a positive result the Employer may require the employee to participate in any rehabilitation or detoxification program that is covered by the employee’s health insurancesplit specimen. Discipline allowed by the positive findings provided for above shall be deferred pending rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time and vacation leave for the period of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall be returned to his/her former position. Such employee may be subject to periodic retesting upon his/her return to his/her position for a period of one (1) year from the date of his/her return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days.
Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or if he/she tests positive during a retesting within one (1) year after his/her return to work from such a program, the employee shall be subject to disciplinary action, including removal from his/her position and termination of his/her employment.
Section 33.10 Costs of all drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request requests an analysis of the employee shall be at the employee’s expense.
Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above.
Section 33.12 The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.split specimen within seventy-two
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DRUG/ALCOHOL TESTING. Section 33.1 Drug 29.1 Drug/alcohol 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. 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. b. A pattern or of abnormal conduct or erratic behavior, including abnormal leave patterns;
C. c. Arrest or conviction for a drug or alcohol-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. d. Information provided either by a reliable or credible source, and credible sources or independently corroborated;
E. e. Evidence that an employee has tampered with a previous drug test;
F. f. Facts or circumstances developed in the course of an authorized investigation of an accident or unsafe working practicespractice.
Section 33.2 29.2 Drug/alcohol testing shall be conducted solely for administrative purposes and the any results obtained shall not be used in for any criminal proceedingsproceeding(s). 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 an affected employee. The following procedure shall not preclude the Employer from other administrative action action, but such actions shall not be based solely upon the initial reagent testing results alone.
Section 33.3 29.3 All drug screening tests shall be conducted by medical laboratories meeting the standards of the Substance National Institute of Drug Abuse and Mental Health Service Administrationthe National Institutes of Health. No test shall be considered positive until it has been confirmed by a Gas Chromatographygas chromatography/Mass Spectrometrymass spectrometry full scan test. The procedures utilized by the Employer and testing laboratory shall include an evidentiary chain of custody control and split sample testingcontrol. All procedures samples collected shall be outlined contained in writing and this outline shall be followed separate containers for use in all situations arising under this articlethe prescribed testing procedures.
Section 33.4 29.4 Alcohol testing shall be done in accordance with the law laws of the State of Ohio to detect for detecting 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 29.5 The results of the testing shall be delivered to a specified employee of the Employer with command responsibility and the employee tested. An employee whose confirmatory test result is positive shall have the right to request a certified copy of the testing results in which the vendor testing facility shall affirm that the test results were obtained using the approved protocol methodsstandard methods and protocol. The employee shall provide a signed release for disclosure of the testing results to the Employerresults. A representative for of the bargaining unit shall have a the right of access to the results upon submitting a written request to the Employer, with the employee’s written 's consent. Refusal by an employee to submit to the testing provided for under by this Agreement may be grounds for discipline.
A. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug test results are positive, the employee is entitled to have the split sample tested by another DHHS-certified lab in the manner prescribed above at the employee’s expense. The employee must request the split sample test within seventy-two (72) hours of being notified of a positive result. The results of this test, whether positive or negative, shall be determinativedisciplinary action.
Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld.
Section 33.8 29.6 If after the testing required above by terms of this Agreement has produced a positive result result, the Employer may require the employee to participate in any rehabilitation or detoxification program that is covered by the employee’s 's health insuranceinsurance or Alcohol, Drug and Mental Health Services (ADAMHS) Board. Discipline Any discipline allowed by the positive findings provided for above shall be deferred pending rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time and leave or vacation leave for the period of the rehabilitation or detoxification program. If no such leave credits are available, the employee 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 upon receiving results from a retest demonstrating that .
Section 29.7 If an employee refuses to enter rehabilitation or detoxification or does not follow the employee is no longer abusing a controlled substance/alcohol, the employee shall be returned to his/her former position. Such employee may be subject to periodic retesting upon his/her return to his/her position for a period of one (1) year from the date of his/her return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority good faith or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days.
Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or if he/she tests positive during a retesting retest within one (1) year after his/her the employee's return to work from such a program, the employee shall be subject to disciplinary action, action up to and including removal from his/her the position and or termination of his/her employment.
Section 33.10 Costs 29.8 The cost of all drug screening tests and confirmatory tests required by the Employer shall be borne by the Employer except that any Employer. Any test initiated at the request of the an employee shall be at borne by the employee’s expense.
Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above.
Section 33.12 29.9 The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DRUG/ALCOHOL TESTING. Section 33.1 Drug The parties to this program agree that under certain circumstances the Employer will find that it is necessary for testing to be conducted for prohibited items and/or substances pursuant to the following procedures.
a. A pre-employment drug and alcohol test may be conducted on employees during their duty hours upon reasonable suspicion or randomly by computer selectionadministered to all Applicants without a valid ICI SAT identification card. Alcohol testing The Applicant will be conducted only placed on the payroll and put to work pending receipt of the drug and alcohol test. Such employment shall be probationary in the sense that continued employment of the individual shall be contingent upon reasonable suspicion. Reasonable suspicion that an employee used or is using a controlled substance or successful passage of the drug and alcohol in an unlawful or abusive manner test.
b. All Employees shall be subject to random testing.
c. A test may be based upon, but not limited to:
A. Observable phenomena, such as direct observation of drug or alcohol use or possession and/or administered in the physical symptoms of being event there is probable cause to believe that the Employee has reported to work 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 offenseprohibited item and/or substance, or is or has been under the identification of an employee as the focus influence of a criminal investigation into illegal prohibited item and/or substance while on the job; or the Employee has violated this drug or alcohol possessionprogram. During the process of establishing probable cause for testing, use, or trafficking;
D. Information provided either by reliable and credible sources or independently corroborated;
E. Evidence that an employee the 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 of the Employer with command responsibility and the employee tested. An employee whose confirmatory test result is positive shall have the right to request his on-site xxxxxxx to be present, if available.
d. Testing may be required if an Employee is involved in a certified copy work place accident/incident or injury.
e. Employees may also be tested on a voluntary basis.
f. Sporadic testing as provided for in IV.2. may be required as part of a follow-up to counseling or rehabilitation for substance abuse, for up to a two (2) year period. Each Applicant or Employee to be tested will be required to sign a consent and chain of custody form, assuring proper documentation and accuracy. If an Applicant or Employee refuses to sign a consent form authorizing the testing results in which test, ongoing employment by the vendor Employer will be terminated. The Employee shall affirm that be paid for the time lost for the following tests to be conducted only if the test results were obtained using the approved protocol methodsare negative, Random, Post Accident, Incident, and Probable Cause. The employee shall provide a signed release for disclosure of Employer will permit the testing results Employee who is required to the Employer. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, with the employee’s written consent. Refusal to submit to the testing provided for under this Agreement may be grounds for discipline.
A. If take a drug screening test is positiveto obtain a “split sample,” and the Employee may request the laboratory to send the “split sample” to an accredited laboratory of his choosing, a confirmatory at his own expense, as described in IV.2. The test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug test results are positive, the employee is entitled to have result of the split sample tested by another DHHS-certified lab in the manner prescribed above at the employee’s expense. The employee must request the split sample test within seventy-two (72) hours of being notified of a positive result. The results of this test, whether positive or negative, shall be determinative.
Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as released to any laboratories put on this list, which approval shall not be unreasonably withheld.
Section 33.8 If after the testing required above has produced a positive result the Employer may require the employee to participate in any rehabilitation or detoxification program that is covered by the employee’s health insurance. Discipline allowed by the positive findings provided for above shall be deferred pending rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time and vacation leave for the period maximum of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall be returned to his/her former position. Such employee may be subject to periodic retesting upon his/her return to his/her position for a period of one (1) year from the date of his/her return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days.
Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or if he/she tests positive during a retesting within one (1) year after his/her return to work from such a program, the employee shall be subject to disciplinary action, including removal from his/her position and termination of his/her employment.
Section 33.10 Costs of all drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request of the employee shall be at the employee’s expense.
Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above.
Section 33.12 The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.five
Appears in 2 contracts
DRUG/ALCOHOL TESTING. Section 33.1 Drug testing An employee on-duty or reporting for duty may only be conducted on employees during their duty hours upon required to submit to a test for the presence of drugs or alcohol (blood, urine, or breath) at the order of a supervisor where there exists reasonable suspicion the employee has been using, or randomly is under the influence of, intoxicating liquors, drugs, or other controlled substances where use is prohibited by computer selection. Alcohol testing will be conducted only upon reasonable suspicionlaw or policy. Reasonable suspicion that an employee as used or is using herein means a controlled substance or alcohol in an unlawful or abusive manner may be based uponbelief, but not limited to:
A. Observable phenomenadrawn from specific, such as direct observation of drug or alcohol use or possession objective and observable facts, and/or the physical symptoms of being under the influence of a drug or alcohol;
B. A pattern or abnormal conduct or erratic behaviorreasonable inferences drawn from those facts, 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 been using, 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 is under the influence. A positive result shall entitle the Employer to proceed with sanctions as set forth influence of, drugs or alcohol in this Article.
Section 33.5 The results violation of the testing shall be delivered to a specified employee of the Employer with command responsibility and the employee tested. An employee whose confirmatory test result is positive shall have the right to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results to the Employer. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, with the employee’s written consent. Refusal to submit to the testing provided for under this Agreement may be grounds for disciplineAuthority policy.
A. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug test results are positive, the it is requested an employee is entitled submit to have the split sample tested by another DHHS-certified lab in the manner prescribed above at the employee’s expense. The employee must request the split sample test within seventy-two (72) hours of being notified of a positive result. The results of this test, whether positive or negative, shall be determinative.
Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld.
Section 33.8 If after the testing required above has produced a positive result the Employer may require the employee to participate in any rehabilitation or detoxification program that is covered by the employee’s health insurance. Discipline allowed by the positive findings provided for above shall be deferred pending rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time and vacation leave suspicion test for the period presence of the rehabilitation drugs or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall be returned permitted to his/her former position. Such confer with union representation (by telephone if such representation is not present) prior to testing, provided it does not unreasonably delay the test.
B. An employee may be subject refuse to periodic retesting upon his/her return submit to his/her position for a period of one (1) year from the date of his/her return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefitsreasonable suspicion test, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days.
Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or if he/she tests positive during a retesting within one (1) year after his/her return to work from such a program, but the employee shall be subject appraised, and hereby agrees, that such refusal constitutes grounds for discipline equivalent to disciplinary actionthat which would be imposed for a positive test result.
C. Reasonable suspicion tests for alcohol will be administered by the current occupational health provider.
D. Upon completion of any test, including removal from the supervisor asserting reasonable suspicion as defined by this Section shall immediately write a detailed written report of the circumstances, his/her position and termination of his/her employmentobservations, justifications, and/or all other relevant facts relied upon in establishing reasonable suspicion. In the event a supervisor performs the test, the report shall also include the test results.
Section 33.10 Costs E. The Employer shall not be required to have reasonable suspicion to require an employee submit to a test for the presence of all drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request of the employee shall be at drugs or alcohol immediately following the employee’s expense.’s:
Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed Involvement in a rehabilitation motor vehicle accident (regardless of fault or detoxification program as provided aboveinjury) while on-duty and operating an Authority owned vehicle.
Section 33.12 The provisions (2) Discharging of this Article shall not require a firearm during the Employer course of his or her duties.
F. In unusual circumstances, the requirement of reasonable suspicion justification may be waived specific to offer individual employees where there exist circumstances necessitating such a rehabilitation/detoxification program to any employee more than oncesuspension (e.g., as part of a treatment program, a condition of discipline, etc.).
Appears in 1 contract
Samples: Collective Bargaining Agreement
DRUG/ALCOHOL TESTING. Section 33.1 Drug 24.1. Drug/alcohol testing may be conducted on employees during their duty hours pre-hire, post-accident, return to duty, or upon reasonable suspicion or randomly by computer selection. Alcohol in conjunction with a random testing will be conducted only upon reasonable suspicionpool. 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 of abnormal conduct or erratic behavior, including abnormal leave patterns;
C. Arrest X. Xxxxxx 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 had tampered with a previous drug test;; and
F. Facts or circumstances developed in the course of an authorized investigation of an accident or unsafe working practicespractice.
Section 33.2 24.2. 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 24.3. All drug screening tests shall be conducted by medical laboratories meeting the standards of the Substance Abuse Department of Health and Mental Health Service AdministrationHuman Services (DHHS). No test shall be considered positive until it has been confirmed by a Gas Chromatographygas chromatography/Mass Spectrometrymass spectrometry full scan test or equivalent. The procedures utilized by the Employer and testing laboratory shall include an evidentiary chain of custody control and split sample testingcontrol. All samples collected shall be contained in two (2) separate containers for use in the prescribed testing procedures. All procedures shall be outlined in writing and this outline shall be followed in all situations arising under this articleArticle. The Employer's Medical Review Officer shall review all confirmed positive results from the laboratory.
Section 33.4 24.4. Alcohol testing shall be done in accordance with the law laws of the State of Ohio to detect drivers operating a motor vehicle under the influence. A positive result of .02 or above shall entitle the Employer to proceed with sanctions as set forth in this Article.
Section 33.5 24.5. The results of the testing shall be delivered to a specified employee of the Employer with command responsibility and the employee tested. An employee whose confirmatory test result is positive shall have the right to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results to the EmployerEmployer only. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, with the employee’s written 's consent. Refusal to submit to the testing provided for under this Agreement may shall be grounds for discipline, up to and including discharge.
A. Section 24.6. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug test results are positive, the employee is entitled to have the split sample tested by another DHHS-certified lab samples collected in the manner prescribed above at above. In the employee’s expense. The employee must request event the split sample second test within seventy-two (72) hours of being notified of a positive result. The confirms the results of this the first test, whether positive or negative, shall be determinativethe Employer will proceed with the sanctions as set forth in this Article.
Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer24.7. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld.
Section 33.8 If after the testing required above has produced a positive result containing alcohol, marijuana, over the Employer may require counter medication, or prescription drugs, the employee may be permitted to participate in any rehabilitation or detoxification program that is covered by the employee’s health insurance, or any other program of choice. Discipline Any discipline allowed by the positive findings provided for above shall may be deferred pending successful rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time and vacation placed on medical leave of absence for the period of the rehabilitation or detoxification program. If no such Prior to being placed on leave credits are availablewithout pay, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation may use any accrued sick or detoxification programvacation leave. Upon satisfactory completion of such program program, as verified in writing by the treatment facility and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall be returned to his/her the employee’s former position or equivalent position. Such employee may be subject to periodic retesting upon his/her return to his/her position work for a period of one (1) year from the date of his/her the employee’s return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) calendar days.
Section 33.9 24.8. If the employee refuses to undergo rehabilitation or detoxification, detoxification or if he/she the employee tests positive during a retesting within one (1) year after his/her return returning to work from such a program, the employee shall be subject to disciplinary action, including removal from his/her position and termination of his/her employment.
Section 33.10 24.9. Costs of all drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request of the employee shall be at the employee’s 's expense.
Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above.
Section 33.12 24.10. The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DRUG/ALCOHOL TESTING. Section 33.1 A. Drug Testing
1. A Flight Attendant shall submit to a urinalysis drug test as required by the regulations issued by the Department of Transportation (DOT) under the following circumstances:
a. Following an aircraft accident or incident involving injury or property damage;
b. If the Company has reasonable suspicion of drug use affecting duty pursuant to Government guidelines;
c. As part of an appropriate approved rehabilitation monitoring program;
d. Random, return to duty, and other testing may be conducted on employees during their duty hours upon reasonable suspicion or randomly performed only to the extent required by computer selectionthe DOT regulations.
2. Alcohol A Flight Attendant selected for random testing will be conducted only upon reasonable suspicionnotified at the time she/he reports for duty, prior to her/his last round trip of the day, or after completion of her/his last trip of the day. Reasonable suspicion that an employee used However, the Company may remove a Flight Attendant from a trip for the purpose of conducting a test without loss of pay or is using flight credit to the Flight Attendant. Except as provided herein, a controlled substance or alcohol in an unlawful or abusive manner may Flight Attendant will not be based upon, but not limited to:required to undergo random testing on a day off.
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 3. Flight Attendant who has been sent 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 reasonable suspicion test shall be considered positive until it has been confirmed made aware of the activity or behavior that aroused the suspicion. Upon request, the Company will share all relevant information, within its control, relied upon to order the reasonable suspicion test with an AFA-CWA EAP/Professional Standards representative designated by the MEC/LEC President provided that the representative will consent to the appropriate confidentiality agreement.
4. Whenever a Gas Chromatography/Mass SpectrometryFlight Attendant is required to undergo drug testing, the Company shall ensure that a "split sample" procedure will be available at the Flight Attendant's option. One sample will be used for the test. The procedures utilized cost of maintaining the "chain of custody" and the test itself will be borne by the Employer Company. The second sample will be retained and stored in a manner designed to preserve its validity as a testing laboratory shall include an evidentiary sample and which complies with "chain of custody control and split sample testingcustody" requirements. 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 of the Employer with command responsibility and the employee tested. An employee whose confirmatory test result is positive shall have the right to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results to the Employer. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, with the employee’s written consent. Refusal to submit to the testing provided for under this Agreement may be grounds for discipline.
A. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug test results are positivethe first sample tests negative, the employee is entitled to have stored sample will be destroyed. In the split event of a positive result, the Flight Attendant may direct that the second sample be tested by another DHHS-certified lab in the manner prescribed above at the employee’s expensean approved testing facility of her/his choice. The employee Flight Attendant must request the split sample test elect this option within seventy-two (72) hours of being notified of a positive result. The results of this test, whether positive or negative, shall be determinative.
Section 33.7 A list of three (3) testing laboratories shall be maintained notification by the EmployerMRO. These laboratories shall conduct any testing directed by All costs associated with electing the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld.
Section 33.8 If after the testing required above has produced a positive result the Employer may require the employee to participate in any rehabilitation or detoxification program that is covered by the employee’s health insurance. Discipline allowed by the positive findings provided for above shall be deferred pending rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time and vacation leave for the period of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall be returned to his/her former position. Such employee may be subject to periodic retesting upon his/her return to his/her position for a period of one (1) year from the date of his/her return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days.
Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or if he/she tests positive during a retesting within one (1) year after his/her return to work from such a program, the employee shall be subject to disciplinary actionsplit sample procedure, including removal from his/her position collection, transportation, handling and termination of his/her employment.
Section 33.10 Costs of all drug screening tests and confirmatory tests storage fees shall be borne by the Employer except that any test initiated at Flight Attendant. If the request second sample tests negative, the Flight Attendant will be reimbursed for the cost of testing the second sample.
5. The Company and the Union agree to cooperate for the following purposes:
a. To meet or exceed the confidentiality requirements of the employee shall Regulations;
b. To meet and confer should any change to the Company's drug testing be at required by governmental agency in order to determine how such changes might best be accomplished;
c. To rely on the employee’s expenseUnion's Employee Assistance Committee and any appropriate Company Committee to provide assistance to Flight Attendants who may have substance abuse or dependency problems and to encourage such Flight Attendants voluntarily to seek such assistance.
Section 33.11 6. The Employer may conduct four (4) tests Company promptly shall seek FAA approval of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided aboveany changes in its drug testing plan, if necessary.
Section 33.12 7. The provisions of this Article shall not require Company acknowledges that circumstances may arise where drug tests are unreasonably delayed and could affect the Employer Flight Attendant’s duty period the following day. The company will review these situations on a case-by-case basis after receiving relevant information from the Flight Attendant.
8. A Flight Attendant will be removed from flying if a drug test results in a safety concern finding. If the safety concern finding is subsequently found to offer a rehabilitationbe unnecessary, she/detoxification program to any employee more than oncehe will be pay protected for trips missed while removed from flying.
Appears in 1 contract
Samples: Flight Attendant Agreement
DRUG/ALCOHOL TESTING. Section 33.1 Drug 35.1 Drug/alcohol testing of employees, who are not subject to the Department of Transportation, Federal Highway Administration rules on a Controlled Substances and Alcohol Use and Testing may include random testing and 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 The procedures 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 the same as for administrative purposes and those employees covered by the results obtained above mentioned rules, including the right of the employee to request confirmatory testing of a split sample by the same laboratory or by second certified laboratory. If a drug confirmation test is positive, the employee may have the split sample retested by a DHHS certified laboratory. This request shall not be used in criminal proceedingspresented within forty-eight (48) hours upon being notified of a positive result. Under no circumstances may In the event the split sample test confirms the results of drug/alcohol screening or testing the first test, the Employer may proceed with the sanction as set forth in this Article. In the event that the split sample test contradicts the result of the first test, the split sample result is determined to be released to a third party for use in a criminal prosecution against the affected employeefinal result. The following procedure results of this test, if positive, 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 allow the Employer to proceed with sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed.
Section 33.5 The results 35.2 Reasonable suspicion shall be based on specific, current, describable observations concerning the appearance, behavior, speech, or body odors of the employee made during or immediately preceding the employee’s work shift.
Section 35.3 Random testing shall be delivered to conducted by Bethesda Hospital Group. The random test selection will be done by the testing laboratory, performed at a specified employee maximum four (4) times throughout the year and consist of a maximum of ten percent (10)) of the Employer with command responsibility number of Deerfield Township Fire Department employees. Selection for said testing shall be made by independent computerized probability sampling and the each Deerfield Township Fire Department employee tested. An employee whose confirmatory test result is positive shall have the right an equal chance of being tested each time selections are made. Deerfield Township agrees to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results to the Employer. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, meet and confer with the employee’s written consent. Refusal International Association of Firefighters Local 4286 prior to submit changing from Bethesda Hospital Group to the another independent testing provided for under this Agreement may be grounds for discipline.
A. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug test results are positive, the employee is entitled to have the split sample tested by another DHHS-certified lab in the manner prescribed above at the employee’s expense. The employee must request the split sample test within seventy-two (72) hours of being notified of a positive result. The results of this test, whether positive or negative, shall be determinativelaboratory.
Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld.
Section 33.8 35.4 If after the testing required above has produced a positive result result, the Employer may take disciplinary action and/or require the employee to participate in any rehabilitation or detoxification program that is is: 1) covered by the employee’s health insurance. Discipline allowed by ; 2) if no insurance coverage, the positive findings provided for above shall recovery program will be deferred pending rehabilitation of at the employee within a reasonable periodemployee’s expense. An employee who participates in a rehabilitation or detoxification program shall may be allowed to use sick time and vacation accrued paid leave for the period of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon A confirmed positive test will result in the employee being temporarily relieved from duty without pay pending completion of such program and disciplinary hearings. Any leave of absence for rehabilitation or detoxification may be conditional upon receiving results from a retest demonstrating receipt of reports that the employee is no longer abusing a controlled substance/alcoholcooperating and making reasonable progress in the treatment program. In addition, this leave is conditioned upon the employee entering an appropriate treatment program as soon as possible. Within sixty (60) days of entering the treatment program, or upon completion, the employee shall be returned must provide satisfactory medical evidence that he/she has completed the program and is fit to his/her former position. Such employee may be subject to periodic retesting upon his/her return to hiswork and must pass another drug/her position for alcohol screen. This time limit can be extended by the Township Administrator based on medical or scientific evidence that a longer time is justified. However, no period of one longer than six (16) year months total from the date of his/her return the original positive test result will be permitted. Failure to workmeet these conditions may result in disciplinary action. Accrued sick leave and accrued vacation may be used for this leave. Otherwise, this leave will be unpaid. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefitswho has returned to work is subject to retesting, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days.
Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or and if he/she tests positive during a retesting within one (1) year after his/her return to work from such a programfails the retest, the employee shall be subject to suspended without pay until the conclusion of the disciplinary action, including removal from his/her position and termination of his/her employmentprocess in this Agreement.
Section 33.10 Costs of all 35.5 If at any time an employee believes he is developing a tendency towards drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request or alcohol abuse, he may avail himself of the employee shall be at the employee’s expenseEmployee Assistance Program without fear of punitive action.
Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above.
Section 33.12 The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DRUG/ALCOHOL TESTING. Section 33.1 Drug The parties to this program agree that under certain circumstances the Employer will find that it is necessary for testing to be conducted for prohibited items and/or substances pursuant to the following procedures.
a. A pre-employment drug and alcohol test may be conducted on employees during their duty hours upon reasonable suspicion or randomly by computer selectionadministered to all Applicants without a valid ICI SAT identification card. Alcohol testing The Applicant will be conducted only placed on the payroll and put to work pending receipt of the drug and alcohol test. Such employment shall be probationary in the sense that continued employment of the individual shall be contingent upon reasonable suspicion. Reasonable suspicion that an employee used or is using a controlled substance or successful passage of the drug and alcohol in an unlawful or abusive manner test.
b. All employees shall be subject to random testing.
c. A test may be based upon, but not limited to:
A. Observable phenomena, such as direct observation of drug or alcohol use or possession and/or administered in the physical symptoms of being event there is probable cause to believe that the employee has reported to work 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 offenseprohibited item and/or substance, or is or has been under the identification of an employee as the focus influence of a criminal investigation into illegal drug prohibited item and/or substance while on the job; or alcohol possession, use, or trafficking;
D. Information provided either by reliable and credible sources or independently corroborated;
E. Evidence that an the employee has tampered with a previous violated this drug test;
F. Facts or circumstances developed in program. During the course process of an authorized investigation of an accident or unsafe working practices.
Section 33.2 Drug/alcohol testing shall be conducted solely establishing probable cause 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 of the Employer with command responsibility and , the employee tested. An employee whose confirmatory test result is positive shall have has the right to request his on-site xxxxxxx to be present, if available.
d. Testing may be required if an employee is involved in a certified copy work place accident/incident or injury.
e. Employees may also be tested on a voluntary basis.
f. Sporadic testing as provided for in IV.2. may be required as part of a follow-up to counseling or rehabilitation for substance abuse, for up to a two (2)-year period. Each Applicant or Employee to be tested will be required to sign a Consent and Chain of Custody Form, assuring proper documentation and accuracy. If an Applicant or employee refuses to sign a Consent Form authorizing the testing results in which test, ongoing employment by the vendor shall affirm that the test results were obtained using the approved protocol methodsEmployer will be terminated. The employee shall provide a signed release for disclosure of the testing results to the Employer. A representative be paid for the bargaining unit shall have a right of access time lost for the following tests to be conducted, only if the results upon request to the Employer, with the employee’s written consent. Refusal to submit to the testing provided for under this Agreement may be grounds for discipline.
A. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug test results are positivenegative, Random, Post Accident, Incident, and Probable Cause. The Employer will permit the employee who is entitled required to have take a drug test to obtain a “split sample,” and the employee may request the laboratory to send the “split sample” to an accredited laboratory of his choosing, at his own expense, as described in IV.2. The test result of the split sample tested by another DHHS-certified lab in must be released to the manner prescribed above at the employee’s expenseEmployer within a maximum of five (5) working days. The employee must request If the split sample test within seventy-two (72) hours of being notified result is negative, the employee may be returned to work on the same job site providing work for which he is qualified is still available. Any employee who successfully challenges the accuracy of a positive result. The results of this test, whether positive or negative, test result shall be determinative.
Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld.
Section 33.8 If after the testing required above has produced a positive result the Employer may require the employee to participate in any rehabilitation or detoxification program that is covered by the employee’s health insurance. Discipline allowed by the positive findings provided reimbursed for above shall be deferred pending rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time and vacation leave his cost for the period second testing and any time loss from work up to a maximum of the rehabilitation or detoxification programfive (5) work days. If no such leave credits are availablethe split sample tests positive, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall be returned to his/her former position. Such employee may be subject to periodic retesting upon his/her return to his/her position for a period of one (1) year from the date of his/her return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days.
Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or if he/she tests positive during a retesting within one (1) year after his/her return to work from such a program, then the employee shall be subject to disciplinary actionimmediate termination. Drug and alcohol testing will be conducted by an accredited laboratory, including removal from his/her position and termination may consist of his/her employmenteither blood or urine tests, or both, as required. Blood tests (for drugs and alcohol) will be utilized for post accident investigation only if a urine or breathalyzer test cannot be administered.
Section 33.10 Costs of all drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request of the employee shall be at the employee’s expense.
Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above.
Section 33.12 The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.
Appears in 1 contract
DRUG/ALCOHOL TESTING. Section 33.1 Drug 31.01. Drug/alcohol testing may be conducted on employees during their duty hours upon reasonable suspicion post-incident or randomly by computer selection. Alcohol testing will be conducted only upon with reasonable suspicion.
Section 31.02. Reasonable suspicion that an employee used used, or is using 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 and alcohol use or possession and/or the physical symptoms of being under the influence of a drug or alcohol;
B. A pattern or of 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 or credible sources or and independently corroborated;
E. Evidence that an employee has had tampered with a previous drug test;; and,
F. Facts or circumstances developed in the course of an authorized investigation of an accident or unsafe working practicespractice. A bargaining unit employee may of his own volition, even if not ordered to do so, undergo a drug and/or alcohol screening test if he is involved in an on-duty incident or accident involving bodily injury, extensive property damage or death. Testing done under these circumstances will be treated in the same manner as if the employee had been ordered to undergo screening.
Section 33.2 Drug/alcohol testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings31.03. Under no circumstances may the results of All 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 medical laboratories meeting the standards of the Substance Abuse Department of Health and Mental Health Service AdministrationHuman Services. No test shall be considered positive until it has been confirmed by a Gas Chromatography/Mass SpectrometryMass-Spectrometry full scan test or its equivalent. The procedures utilized by the Employer and testing laboratory shall include an evidentiary chain of custody control and split sample testingcontrol. All samples collected shall be contained in two (2) separate containers for use in the prescribed testing procedures. All procedures shall be outlined in writing and this outline shall be followed in all situations arising under this articleArticle.
Section 33.4 31.04. Alcohol testing shall be done in accordance with the law of the State of Ohio same as to detect drivers operating a motor vehicle under the influence. A positive result of a blood alcohol concentration of .02% or above shall entitle the Employer to proceed with sanctions as set forth in this Article.
Section 33.5 A. The results of the testing shall be delivered to a specified employee of the Employer with command responsibility and the employee tested. An employee whose confirmatory test result is positive shall have the right to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results to the Employer. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, with the employee’s written consentresults. Refusal to submit to the testing provided for under this Agreement may be grounds for discipline.
A. B. The Employer may suspend the employee without loss of pay before the time the confirmatory test results are complete. If the screening test and confirmatory test are positive, the Employer may discipline the employee. The use of illicit substances, on or off duty, will ordinarily result in termination. The improper use of prescription drugs and/or alcohol may result in a lesser discipline, depending upon the relevant circumstances. Such discipline must be uniform in its application.
Section 31.05. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug test results are confirmed positive, the employee is entitled to have the split sample in the second container tested by another DHHS-certified lab in the manner prescribed above at the employee’s 's expense. The employee must request the split sample test within seventy-two (72) hours of being notified of a positive result. The results of this test, whether positive or negative, shall be determinative.
Section 33.7 31.06. A list of three two (32) testing laboratories collection sites shall be maintained by the Employer. These The DHHS certified laboratories selected by these collection sites shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld.
Section 33.8 31.07. If after the testing required above has produced a positive result result, the Employer may take disciplinary action and/or require the employee to participate in any rehabilitation or detoxification program that is covered by the employee’s 's health insurance. Discipline allowed by the positive findings provided for above shall be deferred pending rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time time, compensatory days, vacation leave, and vacation personal leave days for the a period of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program program, and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall may be returned to his/her his former position. Such employee may be subject to periodic retesting re-testing upon his/her his return to his/her his position for a period of one (1) year from the date of his/her his return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, pay for a period not to exceed ninety (90) days.
Section 33.9 31.08. If the employee refuses to undergo rehabilitation or detoxification, or if he/she he tests positive during a retesting re-testing within one (1) year after his/her his return to work from such a program, the employee shall be subject to disciplinary action, including removal from his/her position and termination of his/her employment.
Section 33.10 Costs of all drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request of the employee shall be at the employee’s expense.
Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above.
Section 33.12 The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.a
Appears in 1 contract
Samples: Collective Bargaining Agreement
DRUG/ALCOHOL TESTING. Section 33.1 Drug 33.1. Drug/alcohol testing may be conducted on employees during their duty hours upon (pre-hire, post- incident, reasonable suspicion or randomly by computer using a valid method of 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 a 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 of 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 possessionpossessions, use, 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 practicespractice. In addition to reasonable suspicion drug testing as outlined above, a bargaining unit member may be required to undergo a drug and/or alcohol screening test if the employee is involved in an on-duty incident or accident involving bodily injury to self or someone else, extensive property damage, or death.
Section 33.2 Drug/alcohol testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings33.2. 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 medical laboratories meeting certified by the standards Department of the Substance Abuse Health and Mental Health Service AdministrationHuman Services or certified by a DHHS recognized certification program. No test shall be considered positive until it has been confirmed by a Gas gas Chromatography/Mass SpectrometrySpectrometry full scan test or its equivalent. The procedures utilized by the Employer Metro Parks and testing laboratory shall include an evidentiary chain of custody control and split sample testingcontrol. All procedures shall be outlined in writing and this outline shall be followed in all situations arising under this articleArticle. The split sample method of collection shall be used following prescribed testing procedures.
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 influence33.3. A positive result of a blood alcohol concentration of .02% or above shall entitle the Employer Metro Parks to proceed with sanctions as set forth in this Article.
Section 33.5 33.4. Testing results shall be as follows: The results of the testing shall be delivered to a specified employee of the Employer with command responsibility Metro Parks and the employee tested. An employee whose confirmatory test result results is positive shall have the right to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methodsresults. The employee shall provide a signed release for disclosure of the testing results to the Employer. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, with the employee’s written consentresults. Refusal to submit to the testing provided for under this Agreement may shall be grounds for discipline.
A. . The Metro Parks may suspend the employee without loss of pay before the time the confirmatory test results are complete. If the screening test and confirmatory tests are positive, the Metro Parks may discipline the employee. The use of illicit substances, on or off duty, will ordinarily result in termination. The improper use of prescription drugs and/or alcohol may result in a lesser discipline, depending upon the relevant circumstances. Should it be determined by qualified personnel at the collection site that the bargaining unit member has adulterated, diluted, tampered in any way with his/he specimen, substituted another individual’s specimen for his/her own or has otherwise obstructed the collection/testing process, such shall be considered “a refusal to submit to testing” and the employee shall be subject to appropriate disciplinary action. Should masking agents be found in the sample of the initial test, such shall be treated as “a refusal to submit to testing” and any option to pursue testing of the specimen in the second container shall be forfeited. Metro Parks will be notified of such refusal to testing. This refusal to submit to testing shall then subject the bargaining unit member to appropriate disciplinary action. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug test results are positive, the employee is entitled to may, upon written request have the split sample tested retested by another DHHS-a DHHS certified lab in the manner prescribed above at the employee’s expenselaboratory. The employee must This request the split sample test shall be presented within seventy-two (72) hours of upon being notified of a positive result. In the event the retested split sample confirms the results of the first test, the Metro Parks may proceed with the sanctions as set forth in this Article. In the event that the retested split sample contradicts the results of the first test, the retested split sample result is determined to be the final result. The results of this test, whether positive or if positive, shall allow the Metro Parks to proceed with sanctions as set forth in this Article. If the results are negative, the employee shall be determinativegiven the benefit of the doubt and no sanctions shall be imposed.
Section 33.7 A list 33.5. The name of three (3) the testing laboratories laboratory shall be maintained by the EmployerMetro Parks. These laboratories This laboratory shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheldMetro Parks.
Section 33.8 33.6. If after the testing required above has produced a positive result result, the Employer Metro Parks may take disciplinary action and/or require the employee to participate in any rehabilitation or detoxification program that is covered by the employee’s health insurance. Discipline allowed by the positive findings provided for above shall be deferred pending rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall will be allowed to use sick offered time off in accordance with the Family and vacation leave for the period of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification programMedical Leave Act. Upon completion of such program program, and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall may be returned to his/her the employee’s former position. Such employee may will be subject to periodic retesting upon his/her return returning to his/her the position for a period of one (1) year from the date of his/her the employee’s return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days.
Section 33.9 33.7. If the employee refuses to undergo rehabilitation or detoxification, or if he/she the employee tests positive during a retesting within one (1) year after his/her return to work from such a program, the employee shall be subject to disciplinary action, action up to and including removal from his/her position and termination of his/her employment.
Section 33.10 33.8. Costs of all drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request of the employee shall be at the employee’s expenseMetro Parks.
Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation 33.9. All test results and actions taken under or detoxification program as provided above.
Section 33.12 The provisions of pursuant to this Article shall not require the Employer be kept confidential in accordance with and subject to offer a rehabilitation/detoxification program to any employee more than oncestate and federal law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DRUG/ALCOHOL TESTING.
Section 33.1 Drug 1. The Agency may engage in pre-employment alcohol and drug testing to the full extent allowed by law. The Agency also may be conducted on develop and institute without further bargaining a policy which permits testing employees during their duty hours upon for drugs or alcohol as a condition to a return to work after a leave of absence of more than thirty (30) calendar days or when reasonable suspicion or randomly by computer selectionexists that the employee to be tested has violated the Agency’s drug and alcohol policy. Alcohol testing will Such a policy must be conducted only upon reasonable suspicioninstituted for all employees of the Agency.
Section 2. Reasonable suspicion exists when information, observation(s) or circumstances would cause a reasonable, prudent person, acting in good faith, to believe or suspect that an employee used or is using a controlled substance or has violated the Agency’s drug/alcohol in an unlawful or abusive manner may be based uponpolicy. This includes, but is not limited to:
A. Observable phenomena, such as direct observation circumstances under which the employee appears to be under the influence of drugs or alcohol, or in which the employee's work performance, work product or behavior would lead a reasonable person to suspect 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 offenseabuse, or in which the identification of an employee as Agency has received information which appears to be reliable that 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 violated the Agency’s 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/and alcohol testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedingspolicy. 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 If reasonable suspicion is based solely upon the initial reagent subjective observations and/or perceptions of one individual and no other independent evidence is then present of a possible violation, no testing results alone.will be required until such observation or confirmation has been corroborated by a second person; provided, the employee to be tested will cooperate fully with the Agency, including by remaining on the Agency’s premises or by accompanying a designated agent of the Agency to another location, until the second person has been
Section 33.3 All drug screening tests shall be conducted by laboratories meeting the standards of the Substance Abuse and Mental Health Service Administration3. 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 Employees who fail to comply with the law of Agency's drug and alcohol policy will be subject to discipline up to and including discharge. Employees who refuse to comply with a request for a drug/alcohol test will be discharged. Employees who believe reasonable suspicion for the State of Ohio to detect drivers operating a motor vehicle under test does not exist, may grieve 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 of the Employer with command responsibility and the employee tested. An employee whose confirmatory test result is positive shall issue, but do not have the right to request a certified refuse the test. Employees who test positive for drugs or alcohol will be terminated.
Section 4. The Agency will pay for all initial and confirmatory tests. A copy of the testing results in which the vendor shall affirm that the any test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results will, upon request, be provided to the Employeremployee at no cost. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, with the employee’s written consent. Refusal to submit to the testing provided for under this Agreement may be grounds for discipline.
A. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug a confirmed test results are result is positive, the employee is entitled to have may request and arrange for the same split sample to be tested by another DHHS-certified lab in the manner prescribed above at a qualified laboratory of the employee’s expenseselection. The employee must request cost of the split sample second test within seventy(and any subsequent tests) will be the responsibility of, and will be pre-two paid by, the employee. A copy of any test results from the second test (72) hours of being notified of a positive result. The results of this testand any subsequent tests), whether positive or negative, shall be determinative.
Section 33.7 A list of three (3) testing laboratories shall be maintained certified by the Employer. These laboratories shall conduct any testing directed by laboratory as such, will be given to the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheldAgency at no cost.
Section 33.8 If after the testing required above has produced a positive result the Employer may require the employee to participate in any rehabilitation or detoxification program that is covered by the employee’s health insurance. Discipline allowed by the positive findings provided for above shall be deferred pending rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time and vacation leave for the period of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall be returned to his/her former position. Such employee may be subject to periodic retesting upon his/her return to his/her position for a period of one (1) year from the date of his/her return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days.
Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or if he/she tests positive during a retesting within one (1) year after his/her return to work from such a program, the employee shall be subject to disciplinary action, including removal from his/her position and termination of his/her employment.
Section 33.10 Costs of all drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request of the employee shall be at the employee’s expense.
Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above.
Section 33.12 The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DRUG/ALCOHOL TESTING.
Section 33.1 Drug 35.1 Drug/alcohol testing of employees, who are not subject to the Department of Transportation, Federal Highway Administration rules on a Controlled Substances and Alcohol Use and Testing may include random testing and 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 The procedures 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 the same as for administrative purposes and those employees covered by the results obtained above mentioned rules, including the right of the employee to request confirmatory testing of a split sample by the same laboratory or by second certified laboratory. If a drug confirmation test is positive, the employee may have the split sample retested by a DHHS certified laboratory. This request shall not be used in criminal proceedingspresented within forty-eight (48) hours upon being notified of a positive result. Under no circumstances may In the event the split sample test confirms the results of drug/alcohol screening or testing the first test, the Employer may proceed with the sanction as set forth in this Article. In the event that the split sample test contradicts the result of the first test, the split sample result is determined to be released to a third party for use in a criminal prosecution against the affected employeefinal result. The following procedure results of this test, if positive, 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 allow the Employer to proceed with sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed.
Section 33.5 The results 35.2 Reasonable suspicion shall be based on specific, current, describable observations concerning the appearance, behavior, speech, or body odors of the employee made during or immediately preceding the employee’s work shift.
Section 35.3 Random testing shall be delivered to conducted by Bethesda Hospital Group. The random test selection will be done by the testing laboratory, performed at a specified employee maximum four (4) times throughout the year and consist of a maximum of ten percent (10)) of the Employer with command responsibility number of Deerfield Township Fire Department employees. Selection for said testing shall be made by independent computerized probability sampling and the each Deerfield Township Fire Department employee tested. An employee whose confirmatory test result is positive shall have the right an equal chance of being tested each time selections are made. Deerfield Township agrees to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results to the Employer. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, meet and confer with the employee’s written consent. Refusal International Association of Firefighters Local 4286 prior to submit changing from Bethesda Hospital Group to the another independent testing provided for under this Agreement may be grounds for discipline.
A. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug test results are positive, the employee is entitled to have the split sample tested by another DHHS-certified lab in the manner prescribed above at the employee’s expense. The employee must request the split sample test within seventy-two (72) hours of being notified of a positive result. The results of this test, whether positive or negative, shall be determinativelaboratory.
Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld.
Section 33.8 35.4 If after the testing required above has produced a positive result result, the Employer may take disciplinary action and/or require the employee to participate in any rehabilitation or detoxification program that is is: 1) covered by the employee’s health insurance. Discipline allowed by ; 2) if no insurance coverage, the positive findings provided for above shall recovery program will be deferred pending rehabilitation of at the employee within a reasonable periodemployee’s expense. An employee who participates in a rehabilitation or detoxification program shall may be allowed to use sick time and vacation accrued paid leave for the period of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon A confirmed positive test will result in the employee being temporarily relieved from duty without pay pending completion of such program and disciplinary hearings. Any leave of absence for rehabilitation or detoxification may be conditional upon receiving results from a retest demonstrating receipt of reports that the employee is no longer abusing a controlled substance/alcoholcooperating and making reasonable progress in the treatment program. In addition, this leave is conditioned upon the employee entering an appropriate treatment program as soon as possible. Within sixty (60) days of entering the treatment program, or upon completion, the employee shall be returned must provide satisfactory medical evidence that he/she has completed the program and is fit to his/her former position. Such employee may be subject to periodic retesting upon his/her return to hiswork and must pass another drug/her position for alcohol screen. This time limit can be extended by the Township Administrator based on medical or scientific evidence that a longer time is justified. However, no period of one longer than six (16) year months total from the date of his/her return the original positive test result will be permitted. Failure to workmeet these conditions may result in disciplinary action. Accrued sick leave and accrued vacation may be used for this leave. Otherwise, this leave will be unpaid. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefitswho has returned to work is subject to retesting, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days.
Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or and if he/she tests positive during a retesting within one (1) year after his/her return to work from such a programfails the retest, the employee shall be subject to suspended without pay until the conclusion of the disciplinary action, including removal from his/her position and termination of his/her employmentprocess in this Agreement.
Section 33.10 Costs of all 35.5 If at any time an employee believes he is developing a tendency towards drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request or alcohol abuse, he may avail himself of the employee shall be at the employee’s expense.
Employee Assistance Program without fear of punitive action. Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above.
Section 33.12 The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.36.1
Appears in 1 contract
Samples: Collective Bargaining Agreement
DRUG/ALCOHOL TESTING.
Section 33.1 Drug 35.1 Drug/alcohol testing of employees, who are not subject to the Department of Transportation, Federal Highway Administration rules on a Controlled Substances and Alcohol Use and Testing may include random testing and 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 The procedures 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 the same as for administrative purposes and those employees covered by the results obtained above mentioned rules, including the right of the employee to request confirmatory testing of a split sample by the same laboratory or by second certified laboratory. If a drug confirmation test is positive, the employee may have the split sample retested by a DHHS certified laboratory. This request shall not be used in criminal proceedingspresented within forty-eight (48) hours upon being notified of a positive result. Under no circumstances may In the event the split sample test confirms the results of drug/alcohol screening or testing the first test, the Employer may proceed with the sanction as set forth in this Article. In the event that the split sample test contradicts the result of the first test, the split sample result is determined to be released to a third party for use in a criminal prosecution against the affected employeefinal result. The following procedure results of this test, if positive, 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 allow the Employer to proceed with sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed.
Section 33.5 The results 35.2 Reasonable suspicion shall be based on specific, current, describable observations concerning the appearance, behavior, speech, or body odors of the employee made during or immediately preceding the employee’s work shift.
Section 35.3 Random testing shall be delivered to conducted by Bethesda Hospital Group. The random test selection will be done by the testing laboratory, performed at a specified employee maximum four (4) times throughout the year and consist of a maximum of ten percent (10)) of the Employer with command responsibility number of Deerfield Township Fire Department employees. Selection for said testing shall be made by independent computerized probability sampling and the each Deerfield Township Fire Department employee tested. An employee whose confirmatory test result is positive shall have the right an equal chance of being tested each time selections are made. Deerfield Township agrees to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results to the Employer. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, meet and confer with the employee’s written consent. Refusal International Association of Firefighters Local 4286 prior to submit changing from Bethesda Hospital Group to the another independent testing provided for under this Agreement may be grounds for discipline.
A. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug test results are positive, the employee is entitled to have the split sample tested by another DHHS-certified lab in the manner prescribed above at the employee’s expense. The employee must request the split sample test within seventy-two (72) hours of being notified of a positive result. The results of this test, whether positive or negative, shall be determinativelaboratory.
Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld.
Section 33.8 35.4 If after the testing required above has produced a positive result result, the Employer may take disciplinary action and/or require the employee to participate in any rehabilitation or detoxification program that is is: 1) covered by the employee’s health insurance. Discipline allowed by ; 2) if no insurance coverage, the positive findings provided for above shall recovery program will be deferred pending rehabilitation of at the employee within a reasonable periodemployee’s expense. An employee who participates in a rehabilitation or detoxification program shall may be allowed to use sick time and vacation accrued paid leave for the period of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon A confirmed positive test will result in the employee being temporarily relieved from duty without pay pending completion of such program and disciplinary hearings. Any leave of absence for rehabilitation or detoxification may be conditional upon receiving results from a retest demonstrating receipt of reports that the employee is no longer abusing a controlled substance/alcoholcooperating and making reasonable progress in the treatment program. In addition, this leave is conditioned upon the employee entering an appropriate treatment program as soon as possible. Within sixty (60) days of entering the treatment program, or upon completion, the employee shall be returned must provide satisfactory medical evidence that he/she has completed the program and is fit to his/her former position. Such employee may be subject to periodic retesting upon his/her return to hiswork and must pass another drug/her position for alcohol screen. This time limit can be extended by the Township Administrator based on medical or scientific evidence that a longer time is justified. However, no period of one longer than six (16) year months total from the date of his/her return the original positive test result will be permitted. Failure to workmeet these conditions may result in disciplinary action. Accrued sick leave and accrued vacation may be used for this leave. Otherwise, this leave will be unpaid. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefitswho has returned to work is subject to retesting, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days.
Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or and if he/she tests positive during a retesting within one (1) year after his/her return to work from such a programfails the retest, the employee shall be subject to suspended without pay until the conclusion of the disciplinary action, including removal from his/her position and termination of his/her employmentprocess in this Agreement.
Section 33.10 Costs of all 35.5 If at any time an employee believes he is developing a tendency towards drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request or alcohol abuse, he may avail himself of the employee shall be at the employee’s expenseEmployee Assistance Program without fear of punitive action.
Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above.
Section 33.12 The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DRUG/ALCOHOL TESTING. Section 33.1 Drug 24.1. Drug/alcohol testing may be conducted on employees during their duty hours pre-hire, post-accident, return to duty, or upon reasonable suspicion or randomly by computer selection. Alcohol in conjunction with a random testing will be conducted only upon reasonable suspicionpool. 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 of 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 had tampered with a previous drug test;; and
F. Facts or circumstances developed in the course of an authorized investigation of an accident or unsafe working practicespractice.
Section 33.2 24.2. 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 24.3. All drug screening tests shall be conducted by medical laboratories meeting the standards of the Substance Abuse Department of Health and Mental Health Service AdministrationHuman Services (DHHS). No test shall be considered positive until it has been confirmed by a Gas Chromatographygas chromatography/Mass Spectrometrymass spectrometry full scan test or equivalent. The procedures utilized by the Employer and testing laboratory shall include an evidentiary chain of custody control and split sample testingcontrol. All samples collected shall be contained in two (2) separate containers for use in the prescribed testing procedures. All procedures shall be outlined in writing and this outline shall be followed in all situations arising under this articleArticle. The Employer's Medical Review Officer shall review all confirmed positive results from the laboratory.
Section 33.4 24.4. Alcohol testing shall be done in accordance with the law laws of the State of Ohio to detect drivers operating a motor vehicle under the influence. A positive result of .02 or above shall entitle the Employer to proceed with sanctions as set forth in this Article.
Section 33.5 24.5. The results of the testing shall be delivered to a specified employee of the Employer with command responsibility and the employee tested. An employee whose confirmatory test result is positive shall have the right to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results to the EmployerEmployer only. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, with the employee’s written 's consent. Refusal to submit to the testing provided for under this Agreement may shall be grounds for discipline, up to and including discharge.
A. Section 24.6. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample.
B. In the event that any confirmation drug test results are positive, the employee is entitled to have the split sample tested by another DHHS-certified lab samples collected in the manner prescribed above at above. In the employee’s expense. The employee must request event the split sample second test within seventy-two (72) hours of being notified of a positive result. The confirms the results of this the first test, whether positive or negative, shall be determinativethe Employer will proceed with the sanctions as set forth in this Article.
Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer24.7. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld.
Section 33.8 If after the testing required above has produced a positive result containing alcohol, marijuana, over the Employer may require counter medication, or prescription drugs, the employee may be permitted to participate in any rehabilitation or detoxification program that is covered by the employee’s health insurance, or any other program of choice. Discipline Any discipline allowed by the positive findings provided for above shall may be deferred pending successful rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time and vacation placed on medical leave of absence for the period of the rehabilitation or detoxification program. If no such Prior to being placed on leave credits are availablewithout pay, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation may use any accrued sick or detoxification programvacation leave. Upon satisfactory completion of such program program, as verified in writing by the treatment facility and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall be returned to his/her the employee’s former position or equivalent position. Such employee may be subject to periodic retesting upon his/her return to his/her position work for a period of one (1) year from the date of his/her the employee’s return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) calendar days.
Section 33.9 24.8. If the employee refuses to undergo rehabilitation or detoxification, detoxification or if he/she the employee tests positive during a retesting within one (1) year after his/her return returning to work from such a program, the employee shall be subject to disciplinary action, including removal from his/her position and termination of his/her employment.
Section 33.10 24.9. Costs of all drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request of the employee shall be at the employee’s 's expense.
Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above.
Section 33.12 24.10. The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.
Appears in 1 contract
Samples: Collective Bargaining Agreement
