Common use of DRUG/ALCOHOL TESTING Clause in Contracts

DRUG/ALCOHOL TESTING. 11.1 The parties agree that the maintenance of a drug/alcohol free work place is a goal of both the College and the Union. Employees are prohibited from possession, consumption and/or being under the influence of a controlled substance/alcohol while on the College’s premises or during time paid by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination. 11.2 The College may administer an alcohol and/or drug test of an employee when the College has probable cause or reasonable suspicion to believe the employee is under the influence of a controlled substance and/or alcohol. For the purposes of this section, “probable cause” and “reasonable suspicion” shall be defined as observable and articulable behavior exhibited by an employee that would lead a reasonable adult to conclude that the employee may be under the influence of a controlled substance and/or alcohol. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, of the employee. 11.3 CNM may implement and/or continue random and post-accident drug testing consistent with the determination of “safety sensitive” positions in existing case law. Employees in work areas who work with power tools and /or electricity; heavy equipment such as trucks and automobiles; and hazardous chemicals and equipment are considered safety sensitive and may be subject to random drug testing. 11.4 Employees with substance abuse problems shall continue to be offered the opportunity to utilize the services provided by the College’s Employee Assistance Program (EAP). Depending on the severity of the detected employee’s substance abuse problem, the College may either offer the employee EAP services and/or commence disciplinary action against the employee. An employee’s self-referral to the EAP shall remain confidential and will not be used as the sole basis for disciplinary action. 11.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these new or additional policies and/or procedures, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Human Resource Director. 11.6 Employees who participate in substance abuse programs as a condition of continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a further condition of continued employment. If the College has initiated substance abuse testing of an employee or disciplinary action is pending, an employee’s self-referral shall not preclude either action being taken by the College.

DRUG/ALCOHOL TESTING. 11.1 14.1 The parties agree that the maintenance of a drug/alcohol free work place is a goal of both the College and the Union. Employees are prohibited from possession, consumption and/or being under the influence of a controlled substance/alcohol while on the College’s premises or during time paid by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination. 11.2 14.2 The College may administer an alcohol and/or drug test of an employee when the College has probable cause or reasonable suspicion to believe the employee is under the influence of a controlled substance and/or alcohol. For the purposes of this section, “probable cause” and “reasonable suspicion” shall be defined as observable and articulable behavior exhibited by an employee that would lead a reasonable adult to conclude that the employee may be under the influence of a controlled substance and/or alcohol. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, against the employee. Employees involved in a vehicle accident during work time will be required to comply with post-accident drug and alcohol testing. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, against the employee. 11.3 CNM may implement and/or continue random and post-accident drug testing consistent with 14.3 If federal law, state law, regulation, or the determination requirements of “safety sensitive” positions in existing case law. Employees in work areas who work with power tools and /or electricity; heavy equipment such as trucks and automobiles; and hazardous chemicals and equipment are considered safety sensitive and may be subject a clinical site require an employee to submit to random drug testingand/or alcohol tests, the employee will comply. 11.4 14.4 Employees with substance abuse problems shall continue to be offered the opportunity to utilize the services provided by the College’s Employee Assistance Program (EAP). Depending on the severity of the detected employee’s employee substance abuse problem, the College may either offer the employee EAP services and/or commence disciplinary action against the employee. An employee’s self-referral to the EAP shall remain confidential and will not be used as the sole basis for disciplinary action. 11.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these new or additional policies and/or procedures, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Human Resource Director. 11.6 Employees who participate in substance abuse programs as a condition of continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a further condition of continued employment. If the College has initiated substance abuse testing of an employee or disciplinary action is pending, an employee’s self-referral shall not preclude either action being taken by the College. An employee’s self-referral to the EAP shall remain confidential and will not be used as a basis for disciplinary action. 14.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these policies and/or procedures, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Human Resource Executive Director. 14.6 Employees who participate in substance abuse programs while continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a condition of continued employment.

DRUG/ALCOHOL TESTING. 11.1 The parties agree that the maintenance of a drug/alcohol free work place is a goal of both the College and the Union. Employees are prohibited from possession, consumption and/or being under the influence of a controlled substance/alcohol while on the College’s premises or during time paid by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination. 11.2 The College may administer an alcohol and/or drug test of an employee when the College has probable cause or reasonable suspicion to believe the employee is under the influence of a controlled substance and/or alcohol. For the purposes of this section, “probable cause” and “reasonable suspicion” shall be defined as observable and articulable behavior exhibited by an employee that would lead a reasonable adult to conclude that the employee may be under the influence of a controlled substance and/or alcohol. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, of the employee.when 11.3 CNM may implement and/or continue random and post-post accident drug testing consistent with the determination of “safety sensitive” positions in existing case law. Employees in work areas who work with power tools and /or electricity; heavy equipment such as trucks and automobiles; and hazardous chemicals and equipment are considered safety sensitive and may be subject to random drug testing.drug 11.4 Employees with substance abuse problems shall continue to be offered the opportunity to utilize the services provided by the College’s Colleges Employee Assistance Program (EAP). Depending on the severity of the detected employee’s substance abuse problem, the College may either offer the employee EAP services and/or commence disciplinary action against the employee. An employee’s self-referral to the EAP shall remain confidential and will not be used as the sole basis for disciplinary action. 11.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these new or additional policies and/or procedures, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Colleges Human Resource Director. 11.6 Employees who participate in substance abuse programs as a condition of continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a further condition of continued employment. If the College has initiated substance abuse testing of an employee or disciplinary action is pending, an employee’s self-referral shall not preclude either action being taken by the College.

DRUG/ALCOHOL TESTING. 11.1 8.1 The parties agree that the maintenance of a drug/alcohol free work place is a goal of both the College and the Union. Employees are prohibited from possession, consumption and/or being under the influence of a controlled substance/alcohol while on the College’s premises or during time paid by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination. 11.2 8.2 The College may administer an alcohol and/or drug test of an employee when the College has probable cause or reasonable suspicion to believe the employee is under the influence of a controlled substance and/or alcohol. For the purposes of this section, “probable cause” and “reasonable suspicion” shall be defined as observable and articulable behavior exhibited by an employee that which would lead a reasonable adult to conclude that the employee may be under the influence of a controlled substance and/or alcohol. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, of against the employee. 11.3 8.3 Employees required by federal or state law or regulation to be subjected to random drug and/or alcohol tests will be required to comply with these tests. Employees involved in a vehicle accident, while driving a CNM may implement and/or continue random and vehicle during work time, will be required to comply with post-accident drug and alcohol testing. Failure of an employee to cooperate in such testing consistent with may result in disciplinary action, including termination, against the determination of “safety sensitive” positions in existing case law. Employees in work areas who work with power tools and /or electricity; heavy equipment such as trucks and automobiles; and hazardous chemicals and equipment are considered safety sensitive and may be subject to random drug testingemployee. 11.4 8.4 Employees with substance abuse problems shall continue to be offered the opportunity to utilize the services provided by the College’s Employee Assistance Program (EAP). Depending on the severity of the detected employee’s substance abuse problem, the College may either offer the employee EAP services and/or commence disciplinary action against the employee. An employee’s self-referral to the EAP shall remain confidential and will not be used as the sole basis for disciplinary action. 11.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these new or additional policies and/or procedures, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Human Resource Director. 11.6 Employees who participate in substance abuse programs as a condition of continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a further condition of continued employment. If the College has initiated substance abuse testing of an employee or disciplinary action is pending, an employee’s self-referral shall not preclude either action being taken by the College. An employee’s self-referral to the EAP shall remain confidential between the employee and their medical provider and will not be used as a basis for disciplinary action. 8.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these policies and/or procedures, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Executive Director of Human Resources. 8.6 Employees who participate in substance abuse programs while continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a condition of continued employment.

DRUG/ALCOHOL TESTING. 11.1 8.1 The parties agree that the maintenance of a drug/alcohol free work place is a goal of both the College and the Union. Employees are prohibited from possession, consumption and/or being under the influence of a controlled substance/alcohol while on the College’s premises or during time paid by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination. 11.2 8.2 The College may administer an alcohol and/or drug test of an employee when the College has probable cause or reasonable suspicion to believe the employee is under the influence of a controlled substance and/or alcohol. For the purposes of this section, “probable cause” and “reasonable suspicion” shall be defined as observable and articulable behavior exhibited by an employee that which would lead a reasonable adult to conclude that the employee may be under the influence of a controlled substance and/or alcohol. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, of against the employee. 11.3 CNM may implement and/or continue random and post-accident drug testing consistent with the determination of “safety sensitive” positions in existing case law. 8.3 Employees in work areas who work with power tools and /or electricity; heavy equipment such as trucks and automobiles; and hazardous chemicals and equipment are considered safety sensitive and may required by federal or state law or regulation to be subject subjected to random drug testingand/or alcohol tests will be required to comply with these tests. 11.4 8.4 Employees with substance abuse problems shall continue to be offered the opportunity to utilize the services provided by the College’s Employee Assistance Program (EAP). Depending on the severity of the detected employee’s substance abuse problem, the College may either offer the employee EAP services and/or commence disciplinary action against the employee. An employee’s self-referral to the EAP shall remain confidential and will not be used as the sole basis for disciplinary action. 11.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these new or additional policies and/or procedures, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Human Resource Director. 11.6 Employees who participate in substance abuse programs as a condition of continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a further condition of continued employment. If the College has initiated substance abuse testing of an employee or disciplinary action is pending, an employee’s self-referral shall not preclude either action being taken by the College. An employee’s self-referral to the EAP shall remain confidential between the employee and their medical provider and will not be used as a basis for disciplinary action. 8.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these policies and/or procedures, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Human Resources Director. 8.6 Employees who participate in substance abuse programs while continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a condition of continued employment.

DRUG/ALCOHOL TESTING. 11.1 8.1 The parties agree that the maintenance of a drug/alcohol free work place is a goal of both the College Institute and the UnionFederation. Employees are prohibited from possession, consumption and/or being under the influence of a controlled substance/alcohol while on the CollegeInstitute’s premises or during time paid by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination. 11.2 8.2 The College Institute may administer an alcohol and/or drug test of an employee when the College Institute has probable cause or reasonable suspicion to believe the employee is under the influence of a controlled substance and/or alcohol. For the purposes of this section, “probable cause” and “reasonable suspicion” shall be defined as observable and articulable behavior exhibited by an employee that which would lead a reasonable adult to conclude that the employee may be under the influence of a controlled substance and/or alcohol. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, of against the employee. 11.3 CNM may implement and/or continue random and post-accident drug testing consistent with the determination of “safety sensitive” positions in existing case law. Employees in work areas who work with power tools and /or electricity; heavy equipment such as trucks and automobiles; and hazardous chemicals and equipment are considered safety sensitive and may 8.3 Only employees required by federal or state law or regulation to be subject subjected to random drug testingand/or alcohol tests will be required to comply with these tests. 11.4 8.4 Employees with substance abuse problems shall continue to be offered the opportunity to utilize the services provided by the CollegeInstitute’s Employee Assistance Program (EAP). Depending on the severity of the detected employee’s substance abuse problem, the College Institute may either offer the employee EAP services and/or commence disciplinary action against the employee. An employee’s self-referral to the EAP shall remain confidential and will not be used as the sole a basis for disciplinary action. 11.5 8.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these new or additional policies and/or procedures, the Union Federation will be given the opportunity to review the proposed policies and/or procedures and provide input to the CollegeInstitute’s Human Resource Resources Director. 11.6 Employees who participate in substance abuse programs as a condition of continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a further condition of continued employment. If the College has initiated substance abuse testing of an employee or disciplinary action is pending, an employee’s self-referral shall not preclude either action being taken by the College.

DRUG/ALCOHOL TESTING. 11.1 The parties agree that the maintenance of a drug/alcohol free work place is a goal of both the College Institute and the UnionFederation. Employees are prohibited from possession, consumption and/or being under the influence of a controlled substance/alcohol while on the CollegeInstitute’s premises or during time paid by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination. 11.2 The College Institute may administer an alcohol and/or drug test of an employee when the College Institute has probable cause or reasonable suspicion to believe the employee is under the influence of a controlled substance and/or alcohol. For the purposes of this section, “probable cause” and “reasonable suspicion” shall be defined as observable and articulable articuable behavior exhibited by an employee that would lead a reasonable adult to conclude that the employee may be under the influence of a controlled substance and/or alcohol. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, of against the employee. 11.3 CNM TVI may implement and/or continue random and post-post accident drug testing consistent with the determination of “safety sensitive” positions in existing case law. Employees in work areas who work with power tools and /or electricity; heavy equipment such as trucks and automobiles; and hazardous chemicals and equipment are considered safety sensitive and may be subject to random drug testing. 11.4 Employees with substance abuse problems shall continue to be offered the opportunity to utilize the services provided by the CollegeInstitute’s Employee Assistance Program (EAP). Depending on the severity of the detected employee’s substance abuse problem, the College Institute may either offer the employee EAP services and/or commence disciplinary action against the employee. An employee’s self-referral to the EAP shall remain confidential and will not be used as the sole basis for disciplinary action. 11.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these new or additional policies and/or procedures, the Union Federation will be given the opportunity to review the proposed policies and/or procedures and provide input to the CollegeInstitute’s Human Resource Director. 11.6 Employees who participate in substance abuse programs as a condition of continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a further condition of continued employment. If the College has initiated substance abuse testing of an employee or disciplinary action is pending, an employee’s self-referral shall not preclude either action being taken by the College.

DRUG/ALCOHOL TESTING. 11.1 Section 1. The parties agree Agency may engage in pre-employment alcohol and drug testing to the full extent allowed by law. The Agency also may develop and institute without further bargaining a policy which permits testing employees 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 exists that the maintenance employee to be tested has violated the Agency’s drug and alcohol policy. Such a policy must be instituted 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 has violated the Agency’s drug/alcohol free work place policy. This includes, but is a goal of both the College and the Union. Employees are prohibited from possessionnot limited to, consumption and/or being circumstances under the influence of a controlled substance/alcohol while on the College’s premises or during time paid by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination. 11.2 The College may administer an alcohol and/or drug test of an employee when the College has probable cause or reasonable suspicion to believe which the employee is under the influence of a controlled substance and/or alcohol. For the purposes of this section, “probable cause” and “reasonable suspicion” shall be defined as observable and articulable behavior exhibited by an employee that would lead a reasonable adult appears to conclude that the employee may be under the influence of drugs or alcohol, or in which the employee's work performance, work product or behavior would lead a controlled substance reasonable person to suspect drug or alcohol use or abuse, or in which the Agency has received information which appears to be reliable that the employee has violated the Agency’s drug and alcohol policy. If reasonable suspicion is based solely upon the subjective observations and/or alcohol. Failure perceptions of an one individual and no other independent evidence is then present of a possible violation, no testing will be required until such observation or confirmation has been corroborated by a second person; provided, the employee to be tested will cooperate in such testing may result in disciplinary actionfully with the Agency, including terminationby remaining on the Agency’s premises or by accompanying a designated agent of the Agency to another location, until the second person has been given an opportunity to corroborate the observation or perception. Any employee may be tested who is: (a) involved in a work-related accident or an incident with a consumer in which the employee, the consumer or any third-party is injured so as to require in the Agency’s judgment medical attention off-site; or (b) involved in a work-related accident in which there is property damage in excess of Section 3. Employees who fail to comply with the Agency's drug and alcohol policy will be subject to discipline up to and including discharge. Employees who refuse to comply with a request Section 4. The Agency will pay for all initial and confirmatory tests. A copy of any test results will, upon request, be provided to the employee at no cost. In the event a confirmed test result is positive, the employee may request and arrange for the same split sample to be tested by a qualified laboratory of the employee. 11.3 CNM may implement and/or continue random and post-accident drug testing consistent with the determination of “safety sensitive” positions in existing case law’s selection. Employees in work areas who work with power tools and /or electricity; heavy equipment such as trucks and automobiles; and hazardous chemicals and equipment are considered safety sensitive and may be subject to random drug testing. 11.4 Employees with substance abuse problems shall continue to be offered the opportunity to utilize the services provided by the College’s Employee Assistance Program (EAP). Depending on the severity The cost of the detected employee’s substance abuse problemsecond test (and any subsequent tests) will be the responsibility of, the College may either offer the employee EAP services and/or commence disciplinary action against and will be pre-paid by, the employee. An employee’s self-referral to A copy of any test results from the EAP shall remain confidential second test (and will not be used any subsequent tests), certified by the laboratory as the sole basis for disciplinary action. 11.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these new or additional policies and/or proceduressuch, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Human Resource DirectorAgency at no cost. 11.6 Employees who participate in substance abuse programs as a condition of continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a further condition of continued employment. If the College has initiated substance abuse testing of an employee or disciplinary action is pending, an employee’s self-referral shall not preclude either action being taken by the College.

DRUG/ALCOHOL TESTING. 11.1 8.1 The parties agree that the maintenance of a drug/alcohol free work place is a goal of both the College and the Union. Employees are prohibited from possession, consumption and/or being under the influence of a controlled substance/alcohol while on the College’s premises or during time paid by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination. 11.2 8.2 The College may administer an alcohol and/or drug test of an employee when the College has probable cause or reasonable suspicion to believe the employee is under the influence of a controlled substance and/or alcohol. For the purposes of this section, “probable cause” and “reasonable suspicion” shall be defined as observable and articulable behavior exhibited by an employee that which would lead a reasonable adult to conclude that the employee may be under the influence of a controlled substance and/or alcohol. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, of against the employee. 11.3 CNM may implement and/or continue random and post-accident drug testing consistent with the determination of “safety sensitive” positions in existing case law. 8.3 Employees in work areas who work with power tools and /or electricity; heavy equipment such as trucks and automobiles; and hazardous chemicals and equipment are considered safety sensitive and may required by federal or state law or regulation to be subject subjected to random drug testingand/or alcohol tests will be required to comply with these tests. 11.4 8.4 Employees with substance abuse problems shall continue to be offered the opportunity to utilize the services provided by the College’s Employee Assistance Program (EAP). Depending on the severity of the detected employee’s substance abuse problem, the College may either offer the employee EAP services and/or commence disciplinary action against the employee. An employee’s self-referral to the EAP shall remain confidential and will not be used as the sole basis for disciplinary action. 11.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these new or additional policies and/or procedures, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Human Resource Director. 11.6 Employees who participate in substance abuse programs as a condition of continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a further condition of continued employment. If the College has initiated substance abuse testing of an employee or disciplinary action is pending, an employee’s self-referral shall not preclude either action being taken by the College. An employee’s self-referral to the EAP shall remain confidential between the employee and their medical provider and will not be used as a basis for disciplinary action. 8.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these policies and/or procedures, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Executive Director of Human Resources. 8.6 Employees who participate in substance abuse programs while continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a condition of continued employment.

DRUG/ALCOHOL TESTING. 11.1 14.1 The parties agree that the maintenance of a drug/alcohol free work place is a goal of both the College Institute and the UnionFederation. Employees are prohibited from possession, consumption and/or being under the influence of a controlled substance/alcohol while on the College’s Institute's premises or during time paid by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination. 11.2 14.2 The College Institute may administer an alcohol and/or drug test of an employee when the College Institute has probable cause or reasonable suspicion to believe the employee is under the influence of a controlled substance and/or alcohol. For the purposes of this section, “"probable cause” and “reasonable suspicion” " shall be defined as observable and articulable behavior exhibited by an employee that would lead a reasonable adult to conclude that the employee may be under the influence of a controlled substance and/or alcohol. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, of against the employee. 11.3 CNM may implement and/or continue random and post-accident drug testing consistent with the determination of “safety sensitive” positions in existing case law. Employees in work areas who work with power tools and /or electricity; heavy equipment such as trucks and automobiles; and hazardous chemicals and equipment are considered safety sensitive and may 14.3 Only employees required by federal or state law or regulation to be subject subjected to random drug testingand/or alcohol tests will be required to comply with these tests. 11.4 14.4 Employees with substance abuse problems shall continue to be offered the opportunity to utilize the services provided by the College’s Institute's Employee Assistance Program (EAP). Depending on the severity of the detected employee’s employee substance abuse problem, the College Institute may either offer the employee EAP services and/or commence disciplinary action against the employee. An employee’s 's self-referral to the EAP shall remain confidential and will not be used as the sole a basis for disciplinary action. 11.5 14.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these new or additional policies and/or procedures, the Union Federation will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Institute's Human Resource Director. 11.6 Employees who participate in substance abuse programs as a condition of continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a further condition of continued employment. If the College has initiated substance abuse testing of an employee or disciplinary action is pending, an employee’s self-referral shall not preclude either action being taken by the College.

DRUG/ALCOHOL TESTING. 11.1 The parties agree In order to help provide a safe work environment and to protect the general public by insuring that employees have the maintenance of physical stamina and emotional stability to perform their assigned duties, the Employer may require employees to submit to a drug/alcohol free work urinalysis test and/or other appropriate test up to two (2) times per year per employee at a time and place is a goal of designated by the Employer. If an employee tests positive in any such random test, the results shall be sent to both the College employee and the UnionEmployer. Employees are prohibited The employee shall be advised confidentially to seek assistance through an assistance program at his/her cost. If the same employee tests positive a second time, the test results shall be submitted to the employee and the Employer shall have the authority to issue appropriate discipline, including immediate discharge from possession, consumption further employment Drug testing may also be required at any time where there is just cause for such testing and/or being under the influence for promotional considerations. Unlawful use of a controlled substance/alcohol while on the College’s premises or during time paid drugs shall be cause for immediate discharge and such action by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination. 11.2 The College may administer an alcohol and/or drug test of an employee when the College has probable cause or reasonable suspicion to believe the employee is under the influence of a controlled substance and/or alcohol. For the purposes of this section, “probable cause” and “reasonable suspicion” shall be defined as observable and articulable behavior exhibited by an employee that would lead a reasonable adult to conclude that the employee may be under the influence of a controlled substance and/or alcohol. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, of the employee. 11.3 CNM may implement and/or continue random and post-accident drug testing consistent with the determination of “safety sensitive” positions in existing case law. Employees in work areas who work with power tools and /or electricity; heavy equipment such as trucks and automobiles; and hazardous chemicals and equipment are considered safety sensitive and Employer may be subject to random drug testing. 11.4 Employees with substance abuse problems the grievance procedures contained herein. No employee shall continue be ordered to be offered submit to a blood test, a breathalyzer test or any other test to determine the opportunity percentage of alcohol in the blood f or any reason except upon reasonable cause to utilize believe that the services provided employee has consumed alcoholic beverages immediately prior to reporting for duty or while on duty and that the employee's ability to perform his duties is thereby influenced or impaired. The Employer shall set forth such reasonable suspicions and the basis thereof, including objective facts and reasonable inferences drawn from those facts in light of experience, in writing at the request of the employee affected. Any infraction of this Section by the College’s Employee Assistance Program (EAP). Depending on employee shall subject them to appropriate discipline and such action by the severity of the detected employee’s substance abuse problem, the College Employer may either offer the employee EAP services and/or commence disciplinary action against the employee. An employee’s self-referral to the EAP shall remain confidential and will not be used as the sole basis for disciplinary action. 11.5 Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these new or additional policies and/or procedures, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Human Resource Director. 11.6 Employees who participate in substance abuse programs as a condition of continuing employment with the College shall be subject to return the grievance procedures contained herein. However, this does not apply to work agreements and periodic substance abuse testing as a further condition situations where the employee is "called back" to duty. An employee experiencing an "on the job injury" shall be immediately subject to drug/alcohol testing, paid for by the Employer, while the employee remains on duty. For purposes of continued employment. If the College has initiated substance abuse testing of an employee or disciplinary action is pendingthis provision, an employee"on the job injury" shall include only those injuries sustained while the employee maintains a "commercial driver’s self-referral shall not preclude either action being taken by license" and the Collegeinjury occurred while performing "commercial driver’s license" duties in a "commercial driver’s license" covered vehicle.