Drug and Alcohol Testing for Safety Sensitive Employees Sample Clauses

Drug and Alcohol Testing for Safety Sensitive Employees. 378. No later than October 1, 2019, the parties will initiate discussions on drug and alcohol testing for safety sensitive employees covered by this Agreement.
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Drug and Alcohol Testing for Safety Sensitive Employees. 9 17.2.1 Effective January 1, 1996, school bus drivers and any other worker 10 required to have a commercial driver's license shall be subject to pre- 11 employment, random, reasonable suspicion and/or post-accident drug 12 testing, as required by the Federal Department of Transportation 13 Regulations. The District shall comply with all requirements of federal 14 law and regulation, District Policy 501.6, and Administrative 15 Regulations and Procedures 501.6 in conducting this testing. 17 drug testing shall be given a copy of District Policy 501.6 and 18 Administrative Regulations and Procedures 501.6 regarding testing. 19 17.2.2 Drug testing procedures will be set forth in Administrative Regulations 20 and Procedures 501.6 in order to provide flexibility in implementing the 21 federal drug-testing mandate. The District agrees to give prior notice to 22 CSEA of any proposed changes in procedures. 23 17.2.3 All District employees are encouraged to use counseling and similar 24 programs for chemical dependency/abuse when needed. In the event an 25 employee tests positive under the federally-mandated drug testing and is 26 not dismissed from employment, he/she has one (1) opportunity to take 27 a leave of absence and use personal sick leave or extended sick leave for 28 the purpose of entering a rehabilitation program.
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Drug and Alcohol Testing for Safety Sensitive Employees. The Company Drug and Alcohol Policy as it pertains to safety sensitive Operators are incorporated into this Agreement by reference. The Union agrees to this portion of Company’s Drug and Alcohol Policy which is a no tolerance policy and a refusal or positive test as outlined in the federal regulations will result in discharge. The Parties agree to be bound by the Federal Transit Administration and the U.S. Department of Transportation regulations regarding drug and alcohol testing. The policy as required from time to time must be modified to comply with these regulations. The Company and the Union are committed to having a drug-free workplace. The parties also agree to be bound by all current and future federal requirements as outlined in the Federal Motor Carrier Safety Regulations for drug and alcohol testing. All Operators will be offered Union representation when the Company conducts all reasonable suspicion and post- accident testing. If the employee declines representation, they will sign a Union Representation Waiver form. However, under no circumstances will the collection be delayed for representative to arrive. Suspicion is not reasonable unless based upon specific, contemporaneous and articulable observations concerning behavior speech or appearance of a safety sensitive employee and observed by trained supervisory personnel. All drug and alcohol testing will be administered by an independent third party tester. There will be no interference or involvement from the Company or the Union once the testing procedures have started. Any Operator who is suspended from work pending test results will be paid until the results are known. After the results are known, the Company shall determine if any discipline is necessary. To help achieve a drug and alcohol free workplace and encourage any Operator with related problems to self-refer, the Company offers a free and confidential Employee Assistance Program (E.A.P) to all of its employees. If referred to a recovery program and released to work the Operator will be subject to return to duty testing and follow up testing for a minimum of thirty-six (36) months. Self-referral must occur prior to any notice of required random, post-accident, or reasonable suspicion testing.
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Drug and Alcohol Testing for Safety Sensitive Employees. 11 17.2.1 Effective January 1, 1996, school bus drivers and any other worker 12 required to have a commercial driver's license shall be subject to pre- 13 employment, random, reasonable suspicion and/or post-accident drug 14 testing, as required by the Federal Department of Transportation 15 Regulations. The District shall comply with all requirements of federal 16 law and regulation, District Policy 501.6, and Administrative 17 Regulations and Procedures 501.6 in conducting this testing. 18 Bargaining unit members who are subject to this federally mandated 19 drug testing shall be given a copy of District Policy 501.6 and 20 Administrative Regulations and Procedures 501.6 regarding testing. 21 17.2.2 Drug testing procedures will be set forth in Administrative Regulations 22 and Procedures 501.6 in order to provide flexibility in implementing the 23 federal drug-testing mandate. The District agrees to give prior notice to 24 CSEA of any proposed changes in procedures. 25 17.2.3 All District employees are encouraged to use counseling and similar 26 programs for chemical dependency/abuse when needed. In the event an 27 employee tests positive under the federally-mandated drug testing and is 28 not dismissed from employment, he/she has one (1) opportunity to take 1 a leave of absence and use personal sick leave or extended sick leave for 2 the purpose of entering a rehabilitation program.
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Drug and Alcohol Testing for Safety Sensitive Employees. ‌ 403. No later than October 1, 2019, the parties will initiate discussions on drug and alcohol testing for safety sensitive employees covered by this Agreement. CONSEQUENCES OF POSITIVE DRUG/ALCOHOL TESTS Testing Types Test for Assumption of Results Employee Status Waiting for Results 1st Positive 2nd Positive Within 5 Years Pre-Employment Drug N/A N/A Not hired, may not reapply. Not hired, may not reapply. Random Drug Assumed Negative On Duty • Removed from Duty1 No pay2, • Referred to SAP, • SAP Recommendation for Treatment, • Return to Duty Test3, • Follow-Up Testing, • Subject to Disciplinary Action. Will be Subject to Termination Except Where Substantial Mitigating Circumstances Warrant. Random Alcohol > or = .04 Positive Immediate Results • Removed from Duty1 No pay2, • Referred to SAP, • SAP Recommendation for Treatment, • Return to Duty Test3, • Follow-Up Testing, • Subject to Disciplinary Action. Will be Subject to Termination Except Where Substantial Mitigating Circumstances Warrant. Post Accident Drug or Alcohol Assumed Negative On Duty • Removed from Duty1 No pay, • Referred to SAP, • SAP Recommendation for Treatment, • Return to Duty Test3, • Follow-Up Testing, • Subject to Disciplinary Action.4 Will be Subject to Termination Except Where Substantial Mitigating Circumstances Warrant. 1 Any employee who is subsequently determined to be the subject of a false positive or under reasonable suspicion tests negative shall be made whole for any wages and benefits lost. 2 Employee may use accumulated sick/vacation pay for rehabilitation program. 3 Employee may not return to work until SAP certifies them capable of returning to their safety-sensitive job. 4 Disciplinary action to be a 30-day suspension except that a first positive relating to an incident resulting in death, serious bodily injury or substantial destruction or property may warrant discipline up to and including discharge. Testing Types Test for Assumption of Results Employee Status Waiting for Results 1st Positive 2nd Positive Within 5 Years Reasonable Suspicion Drug or Alcohol Assumed Positive Off Duty Until Results Received • Removed from Duty1 No pay, • Referred to SAP, • Return to Duty Test3, • Follow-Up Testing, • Subject to Disciplinary Action.4 Will be Subject to Termination Except Where Substantial Mitigating Circumstances Warrant. Return-to-Duty Drug or Alcohol Assumed Negative Off Duty Until Results Received N/A Will be Subject to Termination Except Where Substantial Mitigatin...
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Related to Drug and Alcohol Testing for Safety Sensitive Employees

  • DRUG AND ALCOHOL TESTING Employees may be tested for drugs and/or alcohol pursuant to the provisions of the Employer's Drug and Alcohol Testing Policy which is attached hereto and made a part of this Agreement as if more fully set forth herein.

  • 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.

  • DRUG AND ALCOHOL FREE WORKPLACE 20.1 All employees must report to work in a condition fit to perform their assigned duties unimpaired by alcohol or drugs.

  • Drug and Alcohol Policy 67.1 The Parties agree to apply the Drug and Alcohol Management Program (as amended from time to time) contained in Appendix G. 67.2 The Employer may refer an Employee affected by drugs or alcohol to the services provided by Incolink.

  • COUNTY’S QUALITY ASSURANCE PLAN The County or its agent will evaluate the Contractor’s performance under this Contract on not less than an annual basis. Such evaluation will include assessing the Contractor’s compliance with all Contract terms and conditions and performance standards. Contractor deficiencies which the County determines are severe or continuing and that may place performance of the Contract in jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement/corrective action measures taken by the County and the Contractor. If improvement does not occur consistent with the corrective action measures, the County may terminate this Contract or impose other penalties as specified in this Contract.

  • CONTRACT WORK HOURS AND SAFETY STANDARDS As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all Customer Purchase Orders in excess of ,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

  • Health and Safety Plan Consultant shall prepare and submit a Health and Safety Plan (“HASP”) for the portion of Consultant’s work that will involve field work, assessments, or investigations of certain Project elements. The HASP shall describe how Consultant plans to complete field work, assessments, and/or investigations at the RWF. Consultant’s HASP must comply with the CIP HASP and shall be updated as new conditions are encountered.

  • Quality Assurance Program An employee shall be entitled to leave of absence without loss of earnings from her or his regularly scheduled working hours for the purpose of writing examinations required by the College of Nurses of Ontario arising out of the Quality Assurance Program.

  • Child Safety BCHS values children from all backgrounds and is committed to making our community a safe, nurturing and welcoming place for children to grow and develop. We are committed to making sure ALL children reach their individual potential.

  • Drug-Free Workplace Contractor represents and warrants that it shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (41 U.S.C. §701 et seq.) and maintain a drug-free work environment.

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