DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION. 22.1 It is critical to the public health and welfare and to employees’ safety to ensure a drug and alcohol free work environment. No employee shall report to work while under the influence of drugs or alcohol or illegal drugs, nor shall any employee possess, use, or consume alcohol or illegal drugs while on City time or on City property. No employee shall report to work or remain on duty while his/her ability to perform job duties is impaired due to alcohol or drug use, whether such use was on duty or off duty. 22.2 Employees taking drugs prescribed by an attending physician must advise their direct supervisor, before beginning work, of possible side effects of such drugs, if the physician or physician’s assistant, nurse or pharmacist advises the employee that it could interfere with the safe and effective performance of duties or operation of equipment. Clearance from a qualified physician designated by the City may be required if there is a question regarding an employee’s ability to safely and effectively perform assigned duties while using such drugs. 22.3 Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall, for safety purposes, be provided transportation from the work site as appropriate. 22.3.1 The term “reasonably believed” as used in ARTICLE 22.3 above is a belief based on objective facts, sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol. 22.3.2 The term “under the influence” as used in ARTICLE 22.1 above means the employee’s ability to perform the functions of the job is impaired or that the employee’s ability to perform his/ or her job safely is reduced due to the consumption or use of drugs or alcohol. 22.4 Managers and supervisors may order, upon concurrence of a second level of supervisor, that an employee submit to a drug and/or alcohol screening when a manager or supervisor has reasonable belief that an employee is under the influence of illegal drugs and/or alcohol while at a work location, while on the job, or when reporting for duty. Employees shall authorize the City’s medical provider and laboratory to take samples for screening and to release the results of the screening to the City. 22.4.1 An employee who refuses an order to submit to a drug and/or alcohol screening, or to authorize the taking of a sample, or to authorize the release of the results of the screening to the City, or engages in conduct that clearly obstructs the testing process shall be subject to disciplinary action, up to and including dismissal. 22.5 All alcohol or controlled substances testing shall comply with the procedures set forth in the Federal Motor Carrier Safety Regulations Title 49 – Transportation, Chapter III – Federal Highway Administration Department of Transportation, Part 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs). 22.5.1 A positive result from a drug and/or alcohol screening may result in disciplinary action, up to and including dismissal. 22.5.2 If a drug screen is positive, the employee must provide, within twenty-four (24) hours of request, bona fide verification of a valid prescription in the employee’s name for the drug identified in the drug screen. An employee may be subject to disciplinary action, up to and including dismissal: • If the employee does not provide acceptable verification of a valid prescription; or • If the prescription is not in the employee’s name. 22.6 An employee who has had a positive result from a drug screening shall undergo a return-to-duty drug screening and will not be returned to duty unless there is a verified negative result for controlled substances. An employee who has had a positive result from an alcohol screening shall undergo a return-to-duty alcohol screening and will not be returned to duty unless there is a verified result of an alcohol concentration of less than 0.02. 22.7 Information obtained under the provisions of this ARTICLE and the attendant regulations, policies, and procedures, shall be held strictly confidential. 22.7.1 The drug and/or alcohol screening results will be retained with medical examination results in a separate location in compliance with the Confidentiality of Medical Information Act, California Civil Code Ssection 56, et seq. 22.7.2 The reports or test results may be disclosed to City Management on a strictly need-to-know basis and to the tested employee upon request. 22.7.3 Disclosures, without patient consent, may also occur when the information: (1) Is compelled by law or by judicial or administrative process; (2) Has been placed at issue in a formal dispute between the
Appears in 1 contract
Samples: Memorandum of Understanding
DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION.
22.1 It is critical to the public health and welfare and to employees’ safety to ensure a drug and alcohol free work environment. No employee shall report to work while under the influence of drugs or alcohol or illegal drugs, nor shall any an employee possess, use, or consume alcohol or illegal drugs while on City time or on City property. No employee shall report to work or remain on duty while his/her ability to perform job duties is impaired due to alcohol or drug use, whether such use was on duty or off duty.
22.2 Employees taking drugs prescribed by an attending physician must advise their direct supervisor, before beginning work, of possible side effects of such drugs, if the physician or physician’s assistant, nurse or pharmacist advises the employee that it could interfere with the safe and effective performance of duties or operation of equipment. Clearance from a qualified physician designated by the City may be required if there is a question regarding an employee’s ability to safely and effectively perform assigned duties while using such drugs.
22.3 Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall, for safety purposes, be provided transportation from the work site as appropriate.
22.3.1 The term “reasonably believed” as used in ARTICLE 22.3 above is a belief based on objective facts, sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol.
22.3.2 The term “under the influence” as used in ARTICLE 22.1 above means the employee’s ability to perform the functions of the job is impaired or that the employee’s ability to perform his/ or his/her job safely is reduced due to the consumption or use of drugs or alcohol.
22.4 Managers and supervisors may order, upon concurrence of a second level of supervisor, that an employee submit to a drug and/or alcohol screening when a manager or supervisor has reasonable belief that an employee is under the influence of illegal drugs and/or alcohol while at a work location, while on the job, or when reporting for duty. Employees shall authorize the City’s medical provider and laboratory to take samples for screening and to release the results of the screening to the City.
22.4.1 An employee who refuses an order to submit to a drug and/or alcohol screening, or to authorize the taking of a sample, or to authorize the release of the results of the screening to the City, or engages in conduct that clearly obstructs the testing process shall be subject to disciplinary action, up to and including dismissal.
22.5 All alcohol or controlled substances testing shall comply with the procedures set forth in the Federal Motor Carrier Safety Regulations Title 49 – Transportation, Chapter III – Federal Highway Administration Department of Transportation, Part 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs).
22.5.1 A positive result from a drug and/or alcohol screening may result in disciplinary action, up to and including dismissal.
22.5.2 If a drug screen is positive, the employee must provide, within twenty-four (24) hours of request, bona fide verification of a valid prescription in the employee’s name for the drug identified in the drug screen. An employee may be subject to disciplinary action, up to and including dismissal: • If the employee does not provide acceptable verification of a valid prescription; or • If the prescription is not in the employee’s name.
22.6 An employee who has had a positive result from a drug screening shall undergo a return-to-duty drug screening and will not be returned to duty unless there is a verified negative result for controlled substances. An employee who has had a positive result from an alcohol screening shall undergo a return-to-duty alcohol screening and will not be returned to duty unless there is a verified result of an alcohol concentration of less than 0.02.
22.7 Information obtained under the provisions of this ARTICLE and the attendant regulations, policies, and procedures, shall be held strictly confidential.
22.7.1 The drug and/or alcohol screening results will be retained with medical examination results in a separate location in compliance with the Confidentiality of Medical Information Act, California Civil Code Ssection 56, et seq.
22.7.2 The reports or test results may be disclosed to City Management on a strictly need-to-know basis and to the tested employee upon request.
22.7.3 Disclosures, without patient consent, may also occur when the information:
(1) Is compelled by law or by judicial or administrative process; (2) Has been placed at issue in a formal dispute between the
Appears in 1 contract
Samples: Memorandum of Understanding
DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION.
22.1 15.1 It is critical to the public health and welfare and to employees’ safety to ensure a drug and alcohol free work environment. No employee shall report to work while under the influence of drugs or alcohol or illegal or intoxicating drugs, nor shall any employee possess, use, or consume alcohol or illegal or intoxicating drugs while on City time or on City property, or when there is a reasonable expectation of being called to duty. No employee shall report to work or remain on duty while his/her ability to perform job duties is impaired due to alcohol or drug use, whether such use was on duty or off duty.
22.2 15.2 Employees taking drugs prescribed by an attending physician must advise their direct supervisor, before beginning work, of possible side effects of such drugs, if the physician or physician’s assistant, nurse or pharmacist advises the employee that it drugs which could interfere with the safe and effective performance of duties or operation of equipment. Clearance from a qualified physician designated by the City may be required if there is a question regarding an employee’s ability to safely and effectively perform assigned duties while using such drugs.
22.3 15.3 Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall, for safety purposes, be provided transportation from the work site as appropriate.
22.3.1 15.3.1 The term “reasonably believed” as used in ARTICLE 22.3 above 15.3 is a belief based on objective factsfacts and reasonable inferences drawn from those effects in light of experience, sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol.
22.3.2 15.3.2 The term “under the influence” as used in ARTICLE 22.1 above means the employee’s ability to perform the functions of the job is impaired or that the employee’s ability to perform his/ or her job safely is reduced due to the consumption or use of drugs or alcohol.
22.4 Managers and supervisors may order, upon concurrence of a second level of supervisor, that an employee submit to a drug and/or alcohol screening when a manager or supervisor has reasonable belief that an employee is under the influence of illegal drugs and/or alcohol while at a work location, while on the job, or when reporting for duty. Employees shall authorize the City’s medical provider and laboratory to take samples for screening and to release the results of the screening to the City.
22.4.1 An employee who refuses an order to submit to a drug and/or alcohol screening, or to authorize the taking of a sample, or to authorize the release of the results of the screening to the City, or engages in conduct that clearly obstructs the testing process shall be subject to disciplinary action, up to and including dismissal.
22.5 All alcohol or controlled substances testing shall comply with the procedures set forth in the Federal Motor Carrier Safety Regulations Title 49 – Transportation, Chapter III – Federal Highway Administration Department of Transportation, Part 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs).
22.5.1 A positive result from a drug and/or alcohol screening may result in disciplinary action, up to and including dismissal.
22.5.2 If a drug screen is positive, the employee must provide, within twenty-four (24) hours of request, bona fide verification of a valid prescription in the employee’s name for the drug identified in the drug screen. An employee may be subject to disciplinary action, up to and including dismissal: • If the employee does not provide acceptable verification of a valid prescription; or • If the prescription is not in the employee’s name.
22.6 An employee who has had a positive result from a drug screening shall undergo a return-to-duty drug screening and will not be returned to duty unless there is a verified negative result for controlled substances. An employee who has had a positive result from an alcohol screening shall undergo a return-to-duty alcohol screening and will not be returned to duty unless there is a verified result of an alcohol concentration of less than 0.02.
22.7 Information obtained under the provisions of this ARTICLE and the attendant regulations, policies, and procedures, shall be held strictly confidential.
22.7.1 The drug and/or alcohol screening results will be retained with medical examination results in a separate location in compliance with the Confidentiality of Medical Information Act, California Civil Code Ssection 56, et seq.
22.7.2 The reports or test results may be disclosed to City Management on a strictly need-to-know basis and to the tested employee upon request.
22.7.3 Disclosures, without patient consent, may also occur when the information:
(1) Is compelled by law or by judicial or administrative process; (2) Has been placed at issue in a formal dispute between theARTICLE
Appears in 1 contract
Samples: Memorandum of Understanding
DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION.
22.1 It is critical to the public health and welfare and to employees’ safety to ensure a drug and alcohol free work environment. No employee shall report to work while under the influence of drugs or alcohol or illegal drugs, nor shall any an employee possess, use, or consume alcohol or illegal drugs while on City time or on City property. No employee shall report to work or remain on duty while his/her ability to perform job duties is impaired due to alcohol or drug use, whether such use was on duty or off duty.
22.2 Employees taking drugs prescribed by an attending physician must advise their direct supervisor, before beginning work, of possible side effects of such drugs, if the physician or physician’s assistant, nurse or pharmacist advises the employee that it could interfere with the safe and effective performance of duties or operation of equipment. Clearance from a qualified physician designated by the City may be required if there is a question regarding an employee’s ability to safely and effectively perform assigned duties while using such drugs.
22.3 Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall, for safety purposes, be provided transportation from the work site as appropriate.
22.3.1 The term “reasonably believed” as used in ARTICLE 22.3 above is a belief based on objective facts, sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol.
22.3.2 The term “under the influence” as used in ARTICLE 22.1 above means the employee’s ability to perform the functions of the job is impaired or that the employee’s ability to perform his/ or his/her job safely is reduced due to the consumption or use of drugs or alcohol.
22.4 Managers and supervisors may order, upon concurrence of a second level of supervisor, that an employee submit to a drug and/or alcohol screening when a manager or supervisor has reasonable belief that an employee is under the influence of illegal drugs and/or alcohol while at a work location, while on the job, or when reporting for duty. Employees shall authorize the City’s medical provider and laboratory to take samples for screening and to release the results of the screening to the City.
22.4.1 An employee who refuses an order to submit to a drug and/or alcohol screening, or to authorize the taking of a sample, or to authorize the release of the results of the screening to the City, or engages in conduct that clearly obstructs the testing process shall be subject to disciplinary action, up to and including dismissal.
22.5 All alcohol or controlled substances testing shall comply with the procedures set forth in the Federal Motor Carrier Safety Regulations Title 49 – Transportation, Chapter III – Federal Highway Administration Department of Transportation, Part 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs).
22.5.1 A positive result from a drug and/or alcohol screening may result in disciplinary action, up to and including dismissal.
22.5.2 If a drug screen is positive, the employee must provide, within twenty-four (24) hours of request, bona fide verification of a valid prescription in the employee’s name for the drug identified in the drug screen. An employee may be subject to disciplinary action, up to and including dismissal: • If the employee does not provide acceptable verification of a valid prescription; or • If the prescription is not in the employee’s name.
22.6 An employee who has had a positive result from a drug screening shall undergo a return-to-duty drug screening and will not be returned to duty unless there is a verified negative result for controlled substances. An employee who has had a positive result from an alcohol screening shall undergo a return-to-duty alcohol screening and will not be returned to duty unless there is a verified result of an alcohol concentration of less than 0.02.
22.7 Information obtained under the provisions of this ARTICLE and the attendant regulations, policies, and procedures, shall be held strictly confidential.
22.7.1 The drug and/or alcohol screening results will be retained with medical examination results in a separate location in compliance with the Confidentiality of Medical Information Act, California Civil Code Ssection 56, et seq.
22.7.2 The reports or test results may be disclosed to City Management on a strictly need-to-know basis and to the tested employee upon request.
22.7.3 Disclosures, without patient consent, may also occur when the information:
(1) Is compelled by law or by judicial or administrative process; (2) Has been placed at issue in a formal dispute between the
Appears in 1 contract
Samples: Memorandum of Understanding
