Common use of DRUG AND ALCOHOL TESTING Clause in Contracts

DRUG AND ALCOHOL TESTING. 21.01 Voluntary use of controlled substances which cause intoxication or impairment poses risks to the students, the Board, the employee and other employees. Recognizing that substance abuse may be an illness, it is the Board’s goal to prevent and rehabilitate. However, this goal does not preclude an employee from being subjected to appropriate disciplinary action. 21.02 All bargaining unit employees will be informed of the Board’s testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of controlled substances on job performance. Employees and supervisors will be trained to recognize the symptoms of substance abuse, impairment and intoxication. In addition, the Board shall inform the bargaining unit employees of the causes for conducting tests, how well the tests perform, when the tests will be conducted, what the tests can determine, and the consequences of testing positive for substance abuse. All newly hired bargaining unit employees will be provided with this information. 21.03 Employees will be subject to medical testing for alcohol and/or controlled substances under the following circumstances: a. Reasonable suspicion by a supervisor concerning the appearance, behavior, speech or breath of an employee while on duty or scheduled for duty, unless the behavior is reasonably explained as resulting from causes other than the use of controlled substances (reports of substance abuse or aberrant behavior which is not confirmed by supervisory observation shall not constitute reasonable suspicion); or b. Following a work-related accident which involved the loss of human life or any personal injury or where the employee receives a citation under state or local law for a moving traffic violation arising out of the accident; or c. Random testing for those employees who drive Board owned vehicles (random selection shall be done in a manner consistent with the Department of Transportation regulations); or d. Follow-up testing as directed by a Substance Abuse Professional (S.A.P.) for those employees who have had a confirmed positive test and who have returned to work; or e. Return to Duty Testing for those employees who have tested positive and who must be evaluated by a S.A.P. or who have been relieved of duty for a positive test. If requested, an employee will sign a consent form authorizing the withdrawal of a specimen of blood or urine or the performance of a breath test and a release of the results to the Board. A refusal to provide either specimen will constitute a presumption of intoxication and the employee will be subject to discharge. 21.04 No reasonable suspicion testing may be conducted without the approval of the supervisor. Within twenty-four hours, the supervisor must document in writing why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered. One copy of this document shall be given to the bargaining unit employee and one copy shall be provided to the Union. 21.05 Urine specimens and blood samples will be taken in a manner consistent with Department of Transportation regulations at Board cost. At the time the urine specimen is taken, it will be split in two, a primary specimen and a split specimen. Both specimens will be sent to the laboratory. The analysis of the primary shall be done by a Department of Transportation certified laboratory which complies with the Guidelines for Federal Drug Testing Programs. When the primary specimen is a confirmed positive, the laboratory will hold the split specimen for sixty (60) calendar days from the date it received the split specimen. An employee with a verified positive result has the right, within seventy-two (72) hours of the notification of the verified positive result, to request the MRO have the split specimen be sent to another Department of Transportation certified laboratory. Should the split sample fail to confirm the presence of a controlled substance, the MRO will notify the Board and the employee the entire test has been cancelled and the reasons for the cancellation. The cost of testing the split sample will be borne by the Union or the employee. If the results of the tests administered by the Board show that the employee was under the influence of, or while on duty drank, smoked, ingested, inhaled or injected a controlled substance or alcohol or has evidence of being a current user of an illegal controlled substance, appropriate discipline may be imposed by the Board after the following procedure has been followed: The Board and the employee shall be presented with a copy of the laboratory report before any discipline is imposed. The Union or the employee shall have an opportunity to present to the Board any different results from the sample conducted by the Department of Transportation certified laboratory selected by the Union or the employee, within a reasonable period of time. The failure of the Union or employee to have the third test performed or to present the results to the Board shall not be used against the employee as a basis for discipline or in any arbitration proceeding and, if not presented, the Union or the employee shall be precluded from presenting such test results at any arbitration proceedings. After considering the results of the test performed for the Union or the employee, if presented, the Board may discipline the employee. Employees who test positive will be required to do the following: a. Undergo a medical assessment from a Substance Abuse Professional to determine if the employee needs to undergo rehabilitation or other treatment; b. The employee shall be required to submit to a return to duty test before returning to work and, if such test is positive, may be subject to further discipline, including termination; and c. If the employee drives a Board owned vehicle, such employee shall only be returned to a position that does not require the operation of a vehicle, provided the employee has the skills and abilities to fill the position and a vacant position exists. If no position exists, the employee shall be placed on a recall list and will be returned if a position for which the employee is qualified becomes available during the contractual recall period. However, once an employee returns or is eligible to return, if the employee is tested over the next six month period and such test results are negative, the employee is eligible to be returned to the employee’s previous position. If the employee is working in the District, the employee will be returned when a vacancy in the employee’s prior position occurs, otherwise, the employee will be permitted to bump back into the bargaining unit pursuant to the layoff and recall procedure. 21.06 Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance, however such employees shall be subject to Paragraph 21.05 (b) and (c). Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee’s consent. Employees enrolled in alcohol and substance abuse programs shall be subject to all Board rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. 21.07 Results of tests performed hereunder will be considered medical records and held confidential to the extent permitted by law but will be maintained in a file separate from the medical file of the employee.

DRUG AND ALCOHOL TESTING. 21.01 Voluntary use of controlled substances which cause intoxication or impairment poses risks All employees, except those required by law to the studentsmaintain a Commercial Driver’s License (CDL), the Board, the employee and other employees. Recognizing that substance abuse may be an illness, it is the Board’s goal to prevent and rehabilitate. However, this goal does not preclude an employee from being subjected to appropriate disciplinary action. 21.02 All bargaining unit employees will be informed of the Board’s testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of controlled substances on job performance. Employees and supervisors will be trained to recognize the symptoms of substance abuse, impairment and intoxication. In addition, the Board shall inform the bargaining unit employees of the causes for conducting tests, how well the tests perform, when the tests will be conducted, what the tests can determine, and the consequences of testing positive for substance abuse. All newly hired bargaining unit employees will be provided with this information. 21.03 Employees will be subject to medical testing for random and reasonable suspicion drug / alcohol and/or controlled substances under the following circumstances: a. testing. Reasonable suspicion by a supervisor must be based on specific, contemporaneous, articulatable observations concerning the appearance, behavior, speech or breath body odor of an the employee. A reasonable suspicion based test shall not be authorized simply on third party information of alcohol or drug use or possession. Official medical information and information received from police, courts, legal documents, a signed statement or affidavit presented by a person who asserts that he or she has witnessed the employee while on duty the employer’s time in possession or scheduled for duty, unless the behavior is reasonably explained as resulting from causes other than the use of alcohol or controlled substances (reports of substance abuse or aberrant other official sources shall not be considered as third party information. Reasonable suspicion based drug and alcohol testing shall require that a trained supervisor or trained district official observes behavior or appearance which is not confirmed by supervisory observation shall not constitute reasonable suspicion); or b. Following a work-related accident which involved the loss characteristic of human life alcohol or any personal injury or where the employee receives a citation under state or local law for a moving traffic violation arising out of the accident; or c. Random testing for those employees who drive Board owned vehicles (random selection shall be done in a manner consistent with the Department of Transportation regulations); or d. Follow-up testing as directed by a Substance Abuse Professional (S.A.P.) for those employees who have had a confirmed positive test and who have returned to work; or e. Return to Duty Testing for those employees who have tested positive and who must be evaluated by a S.A.P. or who have been relieved of duty for a positive test. If requested, an employee will sign a consent form authorizing the withdrawal of a specimen of blood or urine or the performance of a breath test and a release of the results to the Board. A refusal to provide either specimen will constitute a presumption of intoxication and the employee will be subject to discharge. 21.04 No reasonable suspicion testing may be conducted without the approval of the supervisor. Within twenty-four hours, the supervisor must document in writing why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered. One copy of this document shall be given to the bargaining unit employee and one copy shall be provided to the Union. 21.05 Urine specimens and blood samples will be taken in a manner consistent with Department of Transportation regulations at Board cost. At the time the urine specimen is taken, it will be split in two, a primary specimen and a split specimen. Both specimens will be sent to the laboratory. The analysis of the primary shall be done by a Department of Transportation certified laboratory which complies with the Guidelines for Federal Drug Testing Programs. When the primary specimen is a confirmed positive, the laboratory will hold the split specimen for sixty (60) calendar days from the date it received the split specimencontrolled substance misuse. An employee with a verified positive result has the right, within seventy-two (72) hours of the notification of the verified positive result, to request the MRO have the split specimen be sent to another Department of Transportation certified laboratory. Should the split sample fail to confirm the presence of a controlled substance, the MRO will notify the Board and the employee the entire test has been cancelled and the reasons for the cancellation. The cost of testing the split sample will be borne by the Union or the employee. If the results of the tests administered by the Board show that the employee was under the influence of, or while on duty drank, smoked, ingested, inhaled or injected a controlled substance or alcohol or has evidence of being a current user of an illegal controlled substance, appropriate discipline may be imposed by the Board after the following procedure has been followed: The Board and the employee shall be presented with a copy of the laboratory report before any discipline is imposed. The Union or the employee shall have an opportunity to present to the Board any different results from the sample conducted by the Department of Transportation certified laboratory selected by the Union or the employee, within a reasonable period of time. The failure of the Union or employee to have the third test performed or to present the results to the Board shall not be used against the employee as a basis for discipline or in any arbitration proceeding and, if not presented, the Union or the employee shall be precluded from presenting such test results at any arbitration proceedings. After considering the results of the test performed for the Union or the employee, if presented, the Board may discipline the employee. Employees who test positive will be required to do the following: a. Undergo a medical assessment from a Substance Abuse Professional to determine if the employee needs to undergo rehabilitation or other treatment; b. The employee shall be required to submit to testing when there is a return reasonable suspicion that he or she is under the influence of drugs or alcohol. An employee suspected of being under the influence of alcohol or controlled substances will be escorted to duty test before returning the testing site by a supervisor or other district appointed official. No Supervisor may use this contract section to work andharass any employee in the bargaining unit. Harassment shall be defined in this section as sending an employee for testing without having established reasonable suspicion by having observed the appearance, if such test is positivebehavior, may be subject speech or body odor described above and by failing to further disciplinecomplete the supervisor’s checklist and the incident report. An employee who believes she or he has been sent for testing without the above cited basis for reasonable suspicion must submit a statement to the manager of facilities operations within forty eight (48) hours of being tested, including termination; and c. If detailing the employee drives a Board owned vehicle, such employee shall only be returned to a position that does not require the operation of a vehicle, provided the employee reasons for believing she or he has the skills and abilities to fill the position and a vacant position existsbeen harassed. If no position exists, the An employee shall be placed entitled to have a Union representative present, but such presence shall not interfere with or delay the testing process. Any employee who refuses to submit to the testing process shall be deemed to be insubordinate and shall be treated as though he or she had tested positive. The employer shall have the right to utilize any testing facility it chooses in the initial test, however a laboratory which meets the standards recommended by the National Institute on a recall list Drug Abuse (NIDA) shall be used to conduct any confirmatory test. The requirements for chain of custody, storage of urine or blood samples, quality assurance and control, will be returned if a position for which the employee is qualified becomes responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available during the contractual recall period. However, once an employee returns or is eligible to return, if the employee is tested over the next six month period and such test results are negative, the employee is eligible to be returned to the employee’s previous positionunion upon reasonable request. If the employee is working in the District, the employee The substances tested for will be returned when a vacancy alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of the currently recognized substances can be found in the employee’s prior position occurs, otherwise, the employee Appendix E. Others will be permitted to bump back into added as the bargaining unit pursuant to the layoff and recall procedure. 21.06 Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance, however such employees shall be subject to Paragraph 21.05 (b) and (c). Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee’s consent. Employees enrolled in alcohol and substance abuse programs shall be subject to all Board rules, federal regulations and job performance standards guidelines are updated. Only those tests, with approved protocols issued by the understanding that an employee enrolled in such a program is receiving treatment for an illness. 21.07 Results United States Department of tests performed hereunder Health and Human Services or its designee will be considered medical records permissible blood alcohol tests. Certified breath alcohol technicians must administer both the initial and held confidential to confirmatory tests. An individual with a breath alcohol level of .041 percent or above or the extent permitted by law but will equivalent urine alcohol percentage shall be maintained in a file separate from considered as having failed the medical file of the employeetest.

DRUG AND ALCOHOL TESTING. 21.01 Voluntary use 1. The Hospital and the Union agree to maintain a safe, healthy and productive work environment for all employees, to provide thorough and effective patient care, to maintain the integrity and security of controlled substances which cause intoxication or impairment poses risks the workplace, and to perform all of these functions in a fashion consistent with our responsibilities to the studentscommunities which we serve. An employee who works or attends work under the influence of drugs or alcohol, or who refuses to take an alcohol/drug test when directed to do so pursuant to this Article, shall therefore be subject to disciplinary action up to and including termination. 2. Pursuant to these goals, employees will be required to undergo an alcohol/drug screening test in each of the following instances: A. When the Hospital has reasonable suspicion, based upon the behavior or demeanor of an employee, to believe that the employee’s ability to perform their job duties is impaired; B. After an on duty accident if there is reasonable suspicion by management that impairment may have contributed to the accident and there was injury to anyone requiring medical treatment or lost time from work or property damage of over $500; and C. When any applicable federal or state law requires. Reasonable suspicion assessments referenced in this Section shall only be made by supervisory or managerial employees that have been trained to identify the behaviors associated with impairment based on drug or alcohol use. If requested by the Union within 7 days of the drug or alcohol testing, the BoardHospital shall, within 7 days of receipt of such written request, provide a written explanation to the employee and Union describing the basis for the reasonable suspicion finding by management. 3. It is understood and agreed that the Hospital’s failure to require an alcohol or drug screen in any individual circumstance shall not constitute a waiver of the Hospital’s right to require such a screen in other employeescircumstances. Recognizing that substance abuse may An employee required to submit to a drug/alcohol screening test under this policy shall report to the test site promptly upon being requested to do so and shall execute all necessary consent forms required. 4. Employee will be an illnesstransported for testing, it if necessary, by car service or other reasonable means of transportation, as determined by management. If requested by the employee, a CIR representative can accompany the employee to the testing site, so long as the CIR representative is the Board’s goal to prevent available and rehabilitate. However, this goal does not preclude cause an unreasonable delay in getting the employee from being subjected to appropriate disciplinary action. 21.02 All bargaining unit employees will be informed of the Board’s testing policy before testing is administeredsite. Employees will be provided with information concerning paid for the impact duration of their scheduled day or shift. 5. All drug and alcohol testing shall be conducted only by a certified laboratory. The Hospital will request split specimen testing for all drug and alcohol tests pursuant to this Article. The laboratory’s inability to perform a split specimen test based on an insufficient sample shall have no effect on the Hospital’s ability to take disciplinary action. Screening shall test for presence of alcohol, amphetamines, THC, cocaine, opiates, phencyclidine, barbiturates, benzodiazepines, methaqualone, methadone, propoxyphene, hallucinogens, inhalants, anabolic steroids, hydrocodone and MDMA. Should a Housestaff Officer test positive for any of the use of controlled substances on job performance. Employees and supervisors will be trained to recognize the symptoms of substance abuseidentified in this Section, impairment and intoxication. In addition, the Board shall inform the bargaining unit employees of the causes for conducting tests, how well the tests perform, when the tests will be conducted, what the tests can determine, and the consequences of testing positive for substance abuse. All newly hired bargaining unit employees will be provided with this information. 21.03 Employees will be subject to medical testing for alcohol and/or controlled substances under the following circumstances: a. Reasonable suspicion by a supervisor concerning the appearance, behavior, speech or breath of an employee while on duty or scheduled for duty, unless the behavior is reasonably explained as resulting from causes other than the use of controlled substances (reports of substance abuse or aberrant behavior which is not confirmed by supervisory observation shall not constitute reasonable suspicion); or b. Following a work-related accident which involved the loss of human life or any personal injury or where the employee receives a citation under state or local law for a moving traffic violation arising out of the accident; or c. Random testing for those employees who drive Board owned vehicles (random selection shall be done in a manner consistent with the Department of Transportation regulations); or d. Follow-up testing as directed by a Substance Abuse Professional (S.A.P.) for those employees who have had a confirmed positive test and who have returned to work; or e. Return to Duty Testing for those employees who have tested positive and who must be evaluated by a S.A.P. or who have been relieved of duty for a positive test. If requested, an employee will sign a consent form authorizing the withdrawal of a specimen of blood or urine or the performance of a breath test and a release of the results to the Board. A refusal to provide either specimen will constitute a presumption of intoxication and the employee will be subject to discharge. 21.04 No reasonable suspicion testing may be conducted without the approval of the supervisor. Within twenty-four hours, the supervisor must document in writing why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered. One copy of this document they shall be given a reasonable opportunity to provide evidence that the substance was prescribed by a medical practitioner. However, the Housestaff Officer shall not be required to disclose the medical reason for which the substance has been prescribed. 6. The Hospital shall provide an opportunity for assistance to employees having a drug/alcohol problem that the employee voluntarily discloses. Any employee that voluntarily discloses a drug/alcohol dependency problem to the bargaining unit employee and one copy Hospital, prior to notification that a screening test is to be administered, shall be provided an unpaid leave of absence for drug/alcohol rehabilitation. Upon proof of successful completion of a rehabilitation program, the Hospital will reinstate the employee to an equivalent position in the same job title and at the same base pay as the position held by the employee prior to the Union. 21.05 Urine specimens and blood samples will be taken in a manner consistent with Department leave of Transportation regulations at Board costabsence. At the time the urine specimen is takenUpon being reinstated, it will be split in two, a primary specimen and a split specimen. Both specimens will be sent to the laboratory. The analysis of the primary shall be done by a Department of Transportation certified laboratory which complies with the Guidelines for Federal Drug Testing Programs. When the primary specimen is a confirmed positive, the laboratory will hold the split specimen for sixty (60) calendar days from the date it received the split specimen. An employee with a verified positive result has the right, within seventy-two (72) hours of the notification of the verified positive result, to request the MRO have the split specimen be sent to another Department of Transportation certified laboratory. Should the split sample fail to confirm the presence of a controlled substance, the MRO will notify the Board and the employee the entire test has been cancelled and the reasons for the cancellation. The cost of testing the split sample will be borne by the Union or the employee. If the results of the tests administered by the Board show that the employee was under the influence of, or while on duty drank, smoked, ingested, inhaled or injected a controlled substance or alcohol or has evidence of being a current user of an illegal controlled substance, appropriate discipline may be imposed by the Board after the following procedure has been followed: The Board and the employee shall be presented with subject to random drug/alcohol screening for a copy period of two (2) years from the laboratory report before any discipline is imposeddate of reinstatement. Should such employee subsequently test positive to a drug/alcohol screening test, the employee may be terminated, at the Hospital’s sole discretion. The Union or the employee shall have an opportunity to present to the Board any different results from the sample conducted by the Department provisions of Transportation certified laboratory selected by the Union or the employee, within a reasonable period of time. The failure of the Union or employee to have the third test performed or to present the results to the Board shall not be used against the employee as a basis for discipline or in any arbitration proceeding and, if not presented, the Union or the employee this Section shall be precluded from presenting such test results at any arbitration proceedings. After considering the results of the test performed for the Union or the employee, if presented, the Board may discipline the employee. Employees who test positive will be required subject to do the following: a. Undergo a medical assessment from a Substance Abuse Professional to determine if No employee may utilize the employee needs to undergo rehabilitation or other treatmentprovisions providing for the opportunity for assistance, as set forth above, more than once during their employment with the Hospital, unless required by applicable law; b. The fact that an employee voluntarily discloses a drug/alcohol dependency problem to the Hospital does not preclude the Hospital from disciplining the employee for events that led up to the voluntary disclosure if the employee’s actions were in violation of Hospital rules, policies or procedures. Any such disciplinary actions shall remain subject to the Disciplinary Action clause of this Agreement; c. Any leave pursuant to this Section shall run concurrently with FMLA Leave, if applicable; d. The maximum length of any leave of absence that will be provided to any employee under this Section shall be required to submit to a return to duty test before returning to work andsix (6) months, if such test is positive, may be subject to further discipline, including termination; and c. If the employee drives a Board owned vehicle, such employee shall only be returned to a position that does not require the operation of a vehicle, provided the employee has the skills and abilities to fill the position and a vacant position exists. If no position exists, the employee shall be placed on a recall list and will be returned if a position for which except where the employee is qualified becomes available during using their own accrued leave time beyond the contractual recall six (6) month period. HoweverAny employee still unable to return to work after this period of leave may be terminated by the Hospital; e. An employee that is on a leave of absence pursuant to this Section shall provide written documentation, once which provides an employee returns or is eligible update on their status of their ability to returnreturn to work, if every 30 days following the first day of such leave of absence. The written documentation must be from the facility where the employee is tested over the next six month period and such test results are negative, the receiving treatment/counseling for his or her drug/alcohol dependency problem. An employee is eligible that fails to be returned to the employee’s previous position. If the employee is working in the District, the employee will be returned when a vacancy in the employee’s prior position occurs, otherwise, the employee will be permitted to bump back into the bargaining unit pursuant to the layoff and recall procedure. 21.06 Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance, however such employees timely provide this documentation shall be subject to Paragraph 21.05 (b) and (c). Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee’s consent. Employees enrolled in alcohol and substance abuse programs shall be subject to all Board rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illnesstermination. 21.07 Results of tests performed hereunder will be considered medical records and held confidential to the extent permitted by law but will be maintained in a file separate from the medical file of the employee.

DRUG AND ALCOHOL TESTING. 21.01 Voluntary use Section 1. The Hospital and the Union agree to maintain a safe, healthy and productive work environment for all employees, to provide thorough and effective patient care, to maintain the integrity and security of controlled substances which cause intoxication or impairment poses risks the workplace, and to perform all of these functions in a fashion consistent with our responsibilities to the studentscommunities which we serve. An employee who works or attends work under the influence of drugs or alcohol, the Boardor who refuses to take an alcohol/drug test when directed to do so pursuant to this Article, the employee and other employees. Recognizing that substance abuse may be an illness, it is the Board’s goal to prevent and rehabilitate. However, this goal does not preclude an employee from being subjected to appropriate disciplinary action. 21.02 All bargaining unit employees will be informed of the Board’s testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of controlled substances on job performance. Employees and supervisors will be trained to recognize the symptoms of substance abuse, impairment and intoxication. In addition, the Board shall inform the bargaining unit employees of the causes for conducting tests, how well the tests perform, when the tests will be conducted, what the tests can determine, and the consequences of testing positive for substance abuse. All newly hired bargaining unit employees will be provided with this information. 21.03 Employees will therefore be subject to medical testing for alcohol and/or controlled substances under the following circumstances: a. Reasonable suspicion by a supervisor concerning the appearance, behavior, speech or breath of an employee while on duty or scheduled for duty, unless the behavior is reasonably explained as resulting from causes other than the use of controlled substances (reports of substance abuse or aberrant behavior which is not confirmed by supervisory observation shall not constitute reasonable suspicion); or b. Following a work-related accident which involved the loss of human life or any personal injury or where the employee receives a citation under state or local law for a moving traffic violation arising out of the accident; or c. Random testing for those employees who drive Board owned vehicles (random selection shall be done in a manner consistent with the Department of Transportation regulations); or d. Follow-disciplinary action up testing as directed by a Substance Abuse Professional (S.A.P.) for those employees who have had a confirmed positive test to and who have returned to work; or e. Return to Duty Testing for those employees who have tested positive and who must be evaluated by a S.A.P. or who have been relieved of duty for a positive test. If requested, an employee will sign a consent form authorizing the withdrawal of a specimen of blood or urine or the performance of a breath test and a release of the results to the Board. A refusal to provide either specimen will constitute a presumption of intoxication and the employee will be subject to dischargeincluding termination. 21.04 No reasonable suspicion testing may be conducted without the approval of the supervisorSection 2. Within twenty-four hoursPursuant to these goals, the supervisor must document in writing why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered. One copy of this document shall be given to the bargaining unit employee and one copy shall be provided to the Union. 21.05 Urine specimens and blood samples will be taken in a manner consistent with Department of Transportation regulations at Board cost. At the time the urine specimen is taken, it will be split in two, a primary specimen and a split specimen. Both specimens will be sent to the laboratory. The analysis of the primary shall be done by a Department of Transportation certified laboratory which complies with the Guidelines for Federal Drug Testing Programs. When the primary specimen is a confirmed positive, the laboratory will hold the split specimen for sixty (60) calendar days from the date it received the split specimen. An employee with a verified positive result has the right, within seventy-two (72) hours of the notification of the verified positive result, to request the MRO have the split specimen be sent to another Department of Transportation certified laboratory. Should the split sample fail to confirm the presence of a controlled substance, the MRO will notify the Board and the employee the entire test has been cancelled and the reasons for the cancellation. The cost of testing the split sample will be borne by the Union or the employee. If the results of the tests administered by the Board show that the employee was under the influence of, or while on duty drank, smoked, ingested, inhaled or injected a controlled substance or alcohol or has evidence of being a current user of an illegal controlled substance, appropriate discipline may be imposed by the Board after the following procedure has been followed: The Board and the employee shall be presented with a copy of the laboratory report before any discipline is imposed. The Union or the employee shall have an opportunity to present to the Board any different results from the sample conducted by the Department of Transportation certified laboratory selected by the Union or the employee, within a reasonable period of time. The failure of the Union or employee to have the third test performed or to present the results to the Board shall not be used against the employee as a basis for discipline or in any arbitration proceeding and, if not presented, the Union or the employee shall be precluded from presenting such test results at any arbitration proceedings. After considering the results of the test performed for the Union or the employee, if presented, the Board may discipline the employee. Employees who test positive employees will be required to undergo an alcohol/drug screening test in each of the following instances: A. When the Hospital has reasonable suspicion, based upon the behavior or demeanor of an employee, to believe that the employee’s ability to perform their job duties is impaired; B. After an on duty accident if there is reasonable suspicion by management that impairment may have contributed to the accident and there was injury to anyone requiring medical treatment or lost time form work or property damage of over $500.00; and C. When any applicable federal or state law requires. Reasonable suspicion assessments referenced in this Section shall only be made by supervisory or managerial employees that have been trained to identify the behaviors associated with impairment based on drug or alcohol use. Section 3. It is understood and agreed that the Hospital’s failure to require an alcohol or drug screen in any individual circumstance shall not constitute a waiver of the Hospital’s right to require such a screen in other circumstances. An employee required to submit to a drug/alcohol screening test under this policy shall report to the test site promptly upon being requested to do so and shall execute all necessary consent forms required. Prior to implementing or modifying a consent form, the Hospital shall submit it to the Union for review. Section 4. Employee will be transported for testing, if necessary, by car service or other reasonable means of transportation as determined by management. If requested by the employee, a shop xxxxxxx can accompany the employee to the testing site, so long as the shop xxxxxxx is available and does not cause an unreasonable delay in getting the employee to the testing site. Employee, including the shop xxxxxxx if applicable, will be paid for the remainder of the workday at their regular hourly rate of pay, and for overtime if the test goes beyond the regular workday. Section 5. All drug and alcohol testing shall be conducted only by a certified laboratory. The Hospital will request split specimen testing for all drug and alcohol tests pursuant to this Article. The laboratory’s inability to perform a split specimen test based on an insufficient sample shall have no effect on the Hospital’s ability to take disciplinary action. Screening shall test for presence of alcohol, amphetamines, THC, cocaine, opiates, phencyclidine, barbiturates, benzodiazepines, methaqualone, methadone, propoxyphene, hallucinogens, inhalants, anabolic steroids, hydrocodone and MDMA. Section 6. The Hospital shall provide an opportunity for assistance to employees having a drug/ alcohol problem that the employee voluntarily discloses. Any employee that voluntarily discloses a drug/alcohol dependency problem to the Hospital, prior to notification that a screening test is to be administered, shall be provided a leave of absence for drug/alcohol rehabilitation. The employee may use any paid leave that he or she has available. If the employee does not use paid leave, the leave of absence shall be without pay. Upon proof of successful completion of a rehabilitation program, the Hospital will reinstate the employee to an equivalent position in the same job title and at the same base pay as the position held by the employee prior to the leave of absence. Upon being reinstated, said employee shall be subject to random drug/alcohol screening for a period of two (2) years form the date of reinstatement. Should such employee subsequently test positive to a drug/alcohol screening test, the employee may be disciplined up to and including termination, at the Hospital’s sole discretion. The provisions of this Section shall be subject to the following: a. Undergo a medical assessment from a Substance Abuse Professional to determine if No employee may utilize the employee needs to undergo rehabilitation or other treatmentprovisions providing for the opportunity for assistance, as set forth above, more than once during their employment with the Hospital, unless required by applicable law; b. The fact that an employee shall be required voluntarily discloses a drug/alcohol dependency problem to submit to a return to duty test before returning to work and, if such test is positive, may be subject to further discipline, including termination; and c. If the Hospital does not preclude the Hospital from disciplining the employee drives a Board owned vehicle, such employee shall only be returned for events that led up to a position that does not require the operation of a vehicle, provided the employee has the skills and abilities to fill the position and a vacant position exists. If no position exists, the employee shall be placed on a recall list and will be returned voluntary disclosure if a position for which the employee is qualified becomes available during the contractual recall period. However, once an employee returns or is eligible to return, if the employee is tested over the next six month period and such test results are negative, the employee is eligible to be returned to the employee’s previous position. If the actions were in violation of Hospital rules, policies or procedures; c. Any leave pursuant to this Section shall run concurrently with FMLA Leave, if applicable d. The maximum length of a leave of absence that will be provided to any employee under this Section shall be six (6) months, except where an employee is working using their own accrued time from the outset of the leave of absence, in the District, the employee will be returned when a vacancy in the employee’s prior position occurs, otherwise, which case the employee will be permitted to bump back into take a paid leave of absence until all of their accrued time has been utilized. No employee, however, xxx utilize accrued leave time to extend a leave of absence beyond 6 months when the bargaining unit pursuant to employee took any portion of the layoff and recall procedure. 21.06 Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance, however such employees shall be subject to Paragraph 21.05 (b) and (c)first six months of the leave of absence as unpaid. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee’s consent. Employees enrolled in alcohol and substance abuse programs shall be subject to all Board rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. 21.07 Results The maximum length of tests performed hereunder paid leave time will be considered medical records and held confidential to the extent permitted by law but will be maintained in a file separate from the medical file of the employee.twelve

DRUG AND ALCOHOL TESTING. 21.01 Voluntary use 1. The Hospital and the Union agree to maintain a safe, healthy and productive work environment for all employees, to provide thorough and effective patient care, to maintain the integrity and security of controlled substances which cause intoxication or impairment poses risks the workplace, and to perform all of these functions in a fashion consistent with our responsibilities to the studentscommunities which we serve. An employee who works or attends work under the influence of drugs or alcohol, or who refuse to take an alcohol/drug test when directed to do so pursuant to this Article, shall therefore be subject to disciplinary action up to and including termination. 2. Pursuant to these goals, employees will be required to undergo an alcohol/drug screening test in each of the following instances: A. When the Hospital has reasonable suspicion, based upon the behavior or demeanor of an employee, to believe that the employee’s ability to perform their job duties is impaired; B. After an on duty accident if there is reasonable suspicion by management that impairment may have contributed to the accident and there was injury to anyone requiring medical treatment or lost time from work or property damage of over $500.00; and C. When any applicable federal or state law requires. Reasonable suspicion assessments referenced in this Section shall only be made by supervisory or managerial employees that have been trained to identify the behaviors associated with impairment based on drug or alcohol use. If requested by the Union within 7 days of the drug or alcohol testing, the BoardHospital shall, within 7 days of receipt of such written request, provide a written explanation to the employee and Union describing the basis for the reasonable suspicion finding by management. 3. It is understood and agreed that the Hospital’s failure to require an alcohol or drug screen in any individual circumstance shall not constitute a waiver of the Hospital’s right to require such a screen in other employeescircumstances. Recognizing that substance abuse may An employee required to submit to a drug/alcohol screening test under this policy shall report to the test site promptly upon being requested to do so and shall execute all necessary consent forms required. 4. Employee will be an illnesstransported for testing, it if necessary, by car service or other reasonable means of transportation, as determined by management. If requested by the employee, a shop xxxxxxx can accompany the employee to the testing site, so long as the shop xxxxxxx is the Board’s goal to prevent available and rehabilitate. However, this goal does not preclude cause an unreasonable delay in getting the employee from being subjected to appropriate disciplinary action. 21.02 All bargaining unit employees will be informed of the Board’s testing policy before testing is administeredsite. Employees will be provided with information concerning paid for the impact duration for the test at their regular hourly rate of the use of controlled substances on job performance. Employees and supervisors will be trained to recognize the symptoms of substance abuse, impairment and intoxication. In addition, the Board shall inform the bargaining unit employees of the causes for conducting tests, how well the tests perform, when the tests will be conducted, what the tests can determine, and the consequences of testing positive for substance abusepay. 5. All newly hired bargaining unit employees will drug and alcohol testing shall be provided with this information. 21.03 Employees will be subject to medical testing for alcohol and/or controlled substances under the following circumstances: a. Reasonable suspicion conducted only by a supervisor concerning the appearance, behavior, speech or breath of an employee while on duty or scheduled for duty, unless the behavior is reasonably explained as resulting from causes other than the use of controlled substances (reports of substance abuse or aberrant behavior which is not confirmed by supervisory observation shall not constitute reasonable suspicion); or b. Following a work-related accident which involved the loss of human life or any personal injury or where the employee receives a citation under state or local law for a moving traffic violation arising out of the accident; or c. Random testing for those employees who drive Board owned vehicles (random selection shall be done in a manner consistent with the Department of Transportation regulations); or d. Follow-up testing as directed by a Substance Abuse Professional (S.A.P.) for those employees who have had a confirmed positive test and who have returned to work; or e. Return to Duty Testing for those employees who have tested positive and who must be evaluated by a S.A.P. or who have been relieved of duty for a positive test. If requested, an employee will sign a consent form authorizing the withdrawal of a specimen of blood or urine or the performance of a breath test and a release of the results to the Board. A refusal to provide either specimen will constitute a presumption of intoxication and the employee will be subject to discharge. 21.04 No reasonable suspicion testing may be conducted without the approval of the supervisor. Within twenty-four hours, the supervisor must document in writing why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered. One copy of this document shall be given to the bargaining unit employee and one copy shall be provided to the Union. 21.05 Urine specimens and blood samples will be taken in a manner consistent with Department of Transportation regulations at Board cost. At the time the urine specimen is taken, it will be split in two, a primary specimen and a split specimen. Both specimens will be sent to the certified laboratory. The analysis of the primary shall be done by a Department of Transportation certified laboratory which complies with the Guidelines for Federal Drug Testing Programs. When the primary specimen is a confirmed positive, the laboratory Hospital will hold the request split specimen testing for sixty (60) calendar days from the date it received the split specimenall drug and alcohol tests pursuant to this Article. An employee with The laboratory’s inability to perform a verified positive result has the right, within seventy-two (72) hours of the notification of the verified positive result, to request the MRO have the split specimen be sent test based on a n insufficient sample shall have no effect on the Hospital’s ability to another Department of Transportation certified laboratorytake disciplinary action. Should the split sample fail to confirm the Screening shall test for presence of a controlled substancealcohol, the MRO will notify the Board amphetamines, THC, cocaine, opiates, phencyclidine, barbiturates, methaqualone, methadone, propoxyphene, hallucinogens, inhalants, anabolic steroids, hydrocodone and the employee the entire test has been cancelled and the reasons for the cancellationMDMA. 6. The cost of testing the split sample will be borne by the Union or the employee. If the results of the tests administered by the Board show Hospital shall provide an opportunity for assistance to employees having a drug/alcohol problem that the employee was under voluntarily discloses. Any employee that voluntarily discloses a drug/alcohol dependency problem to the influence ofHospital, or while on duty drankprior to notification that a screening test is to be administered, smokedshall be provide an unpaid leave of absence for drug/alcohol rehabilitation. Upon proof of successful completion of a rehabilitation program, ingested, inhaled or injected a controlled substance or alcohol or has evidence of being a current user of the Hospital will reinstate the employee to an illegal controlled substance, appropriate discipline may be imposed equivalent position in the same job title and at the same base pay as the position held by the Board after employee prior to the following procedure has been followed: The Board and leave of absence. Upon being reinstated, the employee shall be presented with subject to random drug/alcohol screening for a copy period of two (2) years from the laboratory report before any discipline is imposeddate of reinstatement. Should such employee subsequently test positive to a drug/alcohol screening test, the employee may be terminated, at the Hospital’s sole discretion. The Union or the employee shall have an opportunity to present to the Board any different results from the sample conducted by the Department provisions of Transportation certified laboratory selected by the Union or the employee, within a reasonable period of time. The failure of the Union or employee to have the third test performed or to present the results to the Board shall not be used against the employee as a basis for discipline or in any arbitration proceeding and, if not presented, the Union or the employee this Section shall be precluded from presenting such test results at any arbitration proceedings. After considering the results of the test performed for the Union or the employee, if presented, the Board may discipline the employee. Employees who test positive will be required subject to do the following: a. Undergo a medical assessment from a Substance Abuse Professional to determine if No employee may utilize the employee needs to undergo rehabilitation or other treatmentprovisions providing for the opportunity for assistance, as set forth above, more than once during their employment with the Hospital, unless required by applicable law; b. The fact that an employee voluntarily discloses a drug/alcohol dependency problem to the Hospital does not preclude the Hospital from disciplining the employee for events that led up to the voluntary disclosure if the employee’s actions were in violation of Hospital rules, policies or procedures; c. Any leave pursuant to this Section shall run concurrently with FMLA Leave, if applicable; d. The maximum length of any leave of absence that will be provided to any employee under this Section shall be required to submit to a return to duty test before returning to work andsix (6) months, if such test is positive, may be subject to further discipline, including termination; and c. If the employee drives a Board owned vehicle, such employee shall only be returned to a position that does not require the operation of a vehicle, provided the employee has the skills and abilities to fill the position and a vacant position exists. If no position exists, the employee shall be placed on a recall list and will be returned if a position for which except where the employee is qualified becomes available during using their own accrued leave time beyond the contractual recall six (6) month period. HoweverThe maximum length of paid leave time will be twelve (12) months. Any employee still unable to return to work after this period of leave may be terminated by the Hospital. e. An employee that is on a leave of absence pursuant to this Section shall provide written documentation, once which provides an employee returns or is eligible update on their status of their ability to returnreturn to work, if every 30 days following the first day of such leave of absence. The written documentation must be from the facility where the employee is tested over the next six month period and such test results are negative, the receiving treatment/counseling for his or her drug/alcohol dependency problem. An employee is eligible that fails to be returned to the employee’s previous position. If the employee is working in the District, the employee will be returned when a vacancy in the employee’s prior position occurs, otherwise, the employee will be permitted to bump back into the bargaining unit pursuant to the layoff and recall procedure. 21.06 Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance, however such employees timely provide this documentation shall be subject to Paragraph 21.05 (b) and (c). Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee’s consent. Employees enrolled in alcohol and substance abuse programs shall be subject to all Board rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illnesstermination. 21.07 Results of tests performed hereunder will be considered medical records and held confidential to the extent permitted by law but will be maintained in a file separate from the medical file of the employee.

DRUG AND ALCOHOL TESTING. 21.01 Voluntary use of controlled substances which cause intoxication or impairment poses risks to the students, the Board, the 19.1 An employee and other employees. Recognizing that substance abuse may be an illness, it is the Board’s goal required to prevent and rehabilitate. However, this goal does not preclude an employee from being subjected to appropriate disciplinary action. 21.02 All bargaining unit employees will be informed of the Board’s testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of controlled substances on job performance. Employees and supervisors will be trained to recognize the symptoms of substance abuse, impairment and intoxication. In addition, the Board shall inform the bargaining unit employees of the causes for conducting tests, how well the tests perform, when the tests will be conducted, what the tests can determine, and the consequences of testing positive for substance abuse. All newly hired bargaining unit employees will be provided with this information. 21.03 Employees will be subject to undergo medical testing for alcohol and/or controlled substances under the following circumstances: a. Reasonable There is reasonable suspicion by a supervisor concerning the appearanceto believe, behavior, speech or breath of based on specific objective facts that an employee while is under the influence of alcohol or drugs or has used such substances on duty or scheduled for duty, unless the behavior is reasonably explained as resulting from causes other than the use of controlled substances Commission property. Such reasonable suspicion must be documented in writing and supported by two (reports of substance abuse or aberrant behavior which is not confirmed by supervisory observation shall not constitute reasonable suspicion); or2) witnesses whenever possible; b. Following The Employee is involved in a work-related accident which involving a commercial motor vehicle, and the accident involved the loss of human life life; c. The employee is involved in a work-related accident resulting in personal injury, injury to others, or damage to any personal injury property; d. The employee has had a prior positive test for a controlled substance or where an alcohol test with a Blood Alcohof .04 or greater; or e. The employee is involved in a work-related accident involving any motor vehicle, and the employee receives a citation under state or local law for a moving traffic violation arising out of the accident; or c. Random testing for those . Further, all employees who drive Board owned vehicles (random selection shall be done in a manner consistent with whose duties include activities that impact on the Department safety of Transportation regulations); or d. Follow-up testing as directed by a Substance Abuse Professional (S.A.P.) for those employees who have had a confirmed positive test and who have returned to work; or e. Return to Duty Testing for those employees who have tested positive and who must be evaluated by a S.A.P. or who have been relieved of duty for a positive test. If requested, an employee will sign a consent form authorizing the withdrawal of a specimen of blood or urine coworkers or the performance of a breath test and a release of the results to the Board. A refusal to provide either specimen will constitute a presumption of intoxication and the employee public will be subject to dischargerandom testing. Testing procedures shall be consistent with CDL testing requirements. 21.04 No reasonable suspicion testing may be conducted without the approval of the supervisor. Within twenty-four hours, the supervisor must document in writing why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered. One copy of this document shall be given to the bargaining unit employee and one copy shall be provided to the Union. 21.05 Urine specimens and blood samples will be taken in a manner consistent with Department of Transportation regulations at Board cost. At the time the urine specimen is taken, it will be split in two, a primary specimen and a split specimen. Both specimens will be sent to the laboratory. The analysis of the primary shall be done by a Department of Transportation certified laboratory which complies with the Guidelines for Federal Drug Testing Programs. When the primary specimen 19.2 If there is a confirmed positive, the laboratory will hold the split specimen positive test for sixty (60) calendar days from the date it received the split specimen. An employee with a verified positive result has the right, within seventy-two (72) hours of the notification of the verified positive result, to request the MRO have the split specimen be sent to another Department of Transportation certified laboratory. Should the split sample fail to confirm the presence of a controlled substance, the MRO will notify the Board and or an alcohol test with a BAC of .04 or greater, the employee the entire test has been cancelled and the reasons shall not receive disciplinary time off from work for the cancellation. The cost first instance of testing such positive result. 19.3 Upon notification to the split sample will be borne by the Union or the employee. If the results Commission of the tests administered by the Board show that the employee was under the influence ofa positive test result, or while on duty drank, smoked, ingested, inhaled or injected a controlled substance or alcohol or has evidence of being a current user of an illegal controlled substance, appropriate discipline may be imposed by the Board after the following procedure has been followed: The Board and the employee shall be presented with immediately placed on leave, no pay status, pending a copy of the laboratory report before any discipline is imposed. The Union or the employee shall have an opportunity to present to the Board any different results from the sample conducted by the Department of Transportation certified laboratory selected by the Union or the employee, within a reasonable period of time. The failure of the Union or employee to have the third test performed or to present the results to the Board shall not be used against the employee as a basis for discipline or in any arbitration proceeding and, if not presented, the Union or the employee shall be precluded from presenting such test results at any arbitration proceedings. After considering the results of the test performed for the Union or the employee, if presented, the Board may discipline the employee. Employees who test positive will be required to do the following: a. Undergo a medical assessment from a Substance Abuse Professional to determine if that the employee needs may return to undergo rehabilitation or other treatment; b. The work. On the second occasion an employee tests positive, employment with the Commission shall be required terminated. Failure to submit to a return to duty test before comply with the Substance Abuse Prof commendations will also result in termination of employment. 19.4 Any employee returning to work and, if such after a positive test is positive, may be subject to further discipline, including termination; and c. If the employee drives a Board owned vehicle, such employee shall only be returned to a position that does not require the operation of a vehicle, provided the employee has the skills and abilities to fill the position and a vacant position exists. If no position exists, the employee shall be placed on a recall list and will be returned if a position for which the employee is qualified becomes available during the contractual recall period. However, once an employee returns or is eligible to return, if the employee is tested over the next six month period and such test results are negative, the employee is eligible to be returned to the employee’s previous position. If the employee is working in the District, the employee will be returned when a vacancy in the employee’s prior position occurs, otherwise, the employee will be permitted to bump back into the bargaining unit pursuant to the layoff and recall procedure. 21.06 Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance, however such employees shall be subject to Paragraph 21.05 unannounced follow-up testing for a period of one (b1) year unless a longer period is recommended by the Substance Abuse Professional. 19.5 The Commission shall give the Union reasonable notice of random drug testing and (c)permit a Business Agent to observe the process in which employees are selected for random testing. Requests from Should the employees for such assistance shall remain confidential and shall selected not be revealed to other employees or management personnel without tested on the employee’s consent. Employees enrolled in alcohol and substance abuse programs day of random selection, the Business Agent shall be subject to all Board rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. 21.07 Results of tests performed hereunder will be considered medical records and held confidential affix his/her signature to the extent permitted by law but will be maintained in a file separate from the medical file of the employeerandom list generated.

DRUG AND ALCOHOL TESTING. 21.01 Voluntary use 1. The Hospital and the Union agree to maintain a safe, health, and productive work environment for all employees, to provide thorough and effective patient care, to maintain the integrity and security of controlled substances which cause intoxication or impairment poses risks the workplace, and to perform all of these functions in a fashion consistent with our responsibilities to the studentscommunities’ which we serve. An employee who works or attends work under the influence of drugs or alcohol, or who refuses to take an alcohol/drug test when directed to do so pursuant to this Article, shall therefore be subject to disciplinary action up to and including termination. 2. Pursuant to these goals, employees will be required to undergo an alcohol/drug screen test in each of the following instances: A. When the Hospital has reasonable suspicion, based upon the behavior or demeanor of an employee, to believe that the employee’s ability to perform their job duties is impaired; B. After an on duty accident if there is reasonable suspicion by management that impairment may have contributed to the accident and there was injury to anyone requiring medical treatment or lost time from work or property damage of over $500.00; and C. When any applicable federal or state law requires. Reasonable suspicion assessments referenced in this Section shall only be made by supervisory or managerial employees that have been trained to identify the behaviors associated with impairment based on drug or alcohol use. If requested by the Union within 7 days of the drug or alcohol testing, the BoardHospital shall, within 7 days of receipt of such written request, provide a written explanation to the employee and Union describing the basis for the reasonable suspicion finding by management. 3. It is understood and agreed that the Hospital’s failure to require an alcohol or drug screen in any individual circumstance shall not constitute a waiver of the Hospital’s right to require such a screen in other employeescircumstances. Recognizing that substance abuse may An employee required to submit to a drug/alcohol screening test under this policy shall report to the test site promptly upon being requested to do so and shall execute all necessary consent forms required. 4. Employee will be an illnesstransported for testing, it if necessary, by car service or other reasonable means of transportation, as determined by management. If requested by the employee, a shop xxxxxxx can accompany the employee to the testing site, so long as the shop xxxxxxx is the Board’s goal to prevent available and rehabilitate. However, this goal does not preclude cause an unreasonable delay in getting the employee from being subjected to appropriate disciplinary action. 21.02 All bargaining unit employees will be informed of the Board’s testing policy before testing is administeredsite. Employees will be provided with information concerning paid for the impact duration of the use test at their regular hourly rate of controlled substances on job performance. Employees and supervisors will be trained to recognize the symptoms of substance abuse, impairment and intoxication. In addition, the Board shall inform the bargaining unit employees of the causes for conducting tests, how well the tests perform, when the tests will be conducted, what the tests can determine, and the consequences of testing positive for substance abusepay. 5. All newly hired bargaining unit employees drug and alcohol testing shall be conducted only by a certified laboratory. The Hospital will be provided with request split specimen testing for all drug and alcohol tests pursuant to this informationArticle. The laboratory’s inability to perform a split specimen test based on an insufficient sample shall have no effect on the Hospital’s ability to take disciplinary action. Screening shall test for presence of alcohol, amphetamines, THC, cocaine, opiates, phencyclidine, barbiturates, benzodiazepines, methaqualone, methadone, propoxyphene, hallucinogens, inhalants, anabolic steroids, hydrocodone and MDMA. 21.03 Employees will be subject 6. The Hospital shall provide an opportunity for assistance to medical testing for employees having a drug/alcohol and/or controlled substances under the following circumstances: a. Reasonable suspicion by a supervisor concerning the appearance, behavior, speech or breath of an employee while on duty or scheduled for duty, unless the behavior is reasonably explained as resulting from causes other than the use of controlled substances (reports of substance abuse or aberrant behavior which is not confirmed by supervisory observation shall not constitute reasonable suspicion); or b. Following a work-related accident which involved the loss of human life or any personal injury or where problem that the employee receives voluntarily discloses. Any employee that voluntarily discloses a citation under state or local law for a moving traffic violation arising out of the accident; or c. Random testing for those employees who drive Board owned vehicles (random selection shall be done in a manner consistent with the Department of Transportation regulations); or d. Follow-up testing as directed by a Substance Abuse Professional (S.A.P.) for those employees who have had a confirmed positive test and who have returned to work; or e. Return to Duty Testing for those employees who have tested positive and who must be evaluated by a S.A.P. or who have been relieved of duty for a positive test. If requested, an employee will sign a consent form authorizing the withdrawal of a specimen of blood or urine or the performance of a breath test and a release of the results drug/alcohol dependency problem to the Board. A refusal Hospital, prior to provide either specimen will constitute notification that a presumption of intoxication and the employee will screening test is to be subject to discharge. 21.04 No reasonable suspicion testing may be conducted without the approval of the supervisor. Within twenty-four hoursadministered, the supervisor must document in writing why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered. One copy of this document shall be given to the bargaining unit employee and one copy shall be provided an unpaid leave of absence for drug/alcohol rehabilitation. Upon proof of successful completion of a rehabilitation program, the Hospital will reinstate the employee to an equivalent position in the same job title and at the same base pay as the position held by the employee prior to the Union. 21.05 Urine specimens and blood samples will be taken in a manner consistent with Department leave of Transportation regulations at Board costabsence. At the time the urine specimen is takenUpon being reinstated, it will be split in two, a primary specimen and a split specimen. Both specimens will be sent to the laboratory. The analysis of the primary shall be done by a Department of Transportation certified laboratory which complies with the Guidelines for Federal Drug Testing Programs. When the primary specimen is a confirmed positive, the laboratory will hold the split specimen for sixty (60) calendar days from the date it received the split specimen. An employee with a verified positive result has the right, within seventy-two (72) hours of the notification of the verified positive result, to request the MRO have the split specimen be sent to another Department of Transportation certified laboratory. Should the split sample fail to confirm the presence of a controlled substance, the MRO will notify the Board and the employee the entire test has been cancelled and the reasons for the cancellation. The cost of testing the split sample will be borne by the Union or the employee. If the results of the tests administered by the Board show that the employee was under the influence of, or while on duty drank, smoked, ingested, inhaled or injected a controlled substance or alcohol or has evidence of being a current user of an illegal controlled substance, appropriate discipline may be imposed by the Board after the following procedure has been followed: The Board and the employee shall be presented with subject to random drug/alcohol screening for a copy period of two (2) years form the laboratory report before any discipline is imposeddate of reinstatement. Should such employee subsequently test positive to a drug/alcohol screening test, the employee may be terminated, at the Hospital’s sole discretion. The Union or the employee shall have an opportunity to present to the Board any different results from the sample conducted by the Department provisions of Transportation certified laboratory selected by the Union or the employee, within a reasonable period of time. The failure of the Union or employee to have the third test performed or to present the results to the Board shall not be used against the employee as a basis for discipline or in any arbitration proceeding and, if not presented, the Union or the employee this Section shall be precluded from presenting such test results at any arbitration proceedings. After considering the results of the test performed for the Union or the employee, if presented, the Board may discipline the employee. Employees who test positive will be required subject to do the following: a. Undergo a medical assessment from a Substance Abuse Professional to determine if No employee may utilize the employee needs to undergo rehabilitation or other treatment;provisions providing for the opportunity for assistance, as set forth above, more than once during their employment with the Hospital, unless required by applicable law. b. The fact that an employee voluntarily discloses a drug/alcohol dependency problem to the Hospital does not preclude the Hospital from disciplining the employee for events that led up to the voluntary disclosure if the employee’s actions were in violation of Hospital rules, policies or procedures; c. Any leave pursuant to this Section shall run concurrently with FMLA leave, if applicable; d. The maximum length of any leave of absence that will be provided to any employee under this Section shall be required to submit to a return to duty test before returning to work andsix (6) months, if such test is positive, may be subject to further discipline, including termination; and c. If the employee drives a Board owned vehicle, such employee shall only be returned to a position that does not require the operation of a vehicle, provided the employee has the skills and abilities to fill the position and a vacant position exists. If no position exists, the employee shall be placed on a recall list and will be returned if a position for which except where the employee is qualified becomes available during using their own accrued leave time beyond the contractual recall six (6) month period. HoweverAny employee still unable to return to work after this period of leave may be terminated by the Hospital. e. An employee that is on leave of absence pursuant to this Section shall provide written documentation, once which provides an employee returns or is eligible update on their status of their ability to returnreturn to work, if every 30 days following the first day of such leave of absence. The written documentation must be from the facility where the employee is tested over the next six month period and such test results are negative, the receiving treatment/counseling for his or her drug/alcohol dependency problem. An employee is eligible that fails to be returned to the employee’s previous position. If the employee is working in the District, the employee will be returned when a vacancy in the employee’s prior position occurs, otherwise, the employee will be permitted to bump back into the bargaining unit pursuant to the layoff and recall procedure. 21.06 Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance, however such employees timely provide this documentation shall be subject to Paragraph 21.05 (b) and (c). Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee’s consent. Employees enrolled in alcohol and substance abuse programs shall be subject to all Board rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illnesstermination. 21.07 Results of tests performed hereunder will be considered medical records and held confidential to the extent permitted by law but will be maintained in a file separate from the medical file of the employee.

DRUG AND ALCOHOL TESTING. 21.01 Voluntary use 1. The Hospital and the Union agree to maintain a safe, healthy and productive work environment for all employees, to provide thorough and effective patient care, to maintain the integrity and security of controlled substances which cause intoxication or impairment poses risks the workplace, and to perform all of these functions in a fashion consistent with our responsibilities to the studentscommunities which we serve. An employee who works or attends work under the influence of drugs or alcohol, or who refuse to take an alcohol/drug test when directed to do so pursuant to this Article, shall therefore be subject to disciplinary action up to and including termination. 2. Pursuant to these goals, employees will be required to undergo an alcohol/drug screening test in each of the following instances: A. When the Hospital has reasonable suspicion, based upon the behavior or demeanor of an employee, to believe that the employee’s ability to perform their job duties is impaired; B. After an on duty accident if there is reasonable suspicion by management that impairment may have contributed to the accident and there was injury to anyone requiring medical treatment or lost time from work or property damage of over $500.00; and C. When any applicable federal or state law requires. Reasonable suspicion assessments referenced in this Section shall only be made by supervisory or managerial employees that have been trained to identify the behaviors associated with impairment based on drug or alcohol use. If requested by the Union within 7 days of the drug or alcohol testing, the BoardHospital shall, within 7 days of receipt of such written request, provide a written explanation to the employee and Union describing the basis for the reasonable suspicion finding by management. 3. It is understood and agreed that the Hospital’s failure to require an alcohol or drug screen in any individual circumstance shall not constitute a waiver of the Hospital’s right to require such a screen in other employeescircumstances. Recognizing that substance abuse may An employee required to submit to a drug/alcohol screening test under this policy shall report to the test site promptly upon being requested to do so and shall execute all necessary consent forms required. 4. Employee will be an illnesstransported for testing, it if necessary, by car service or other reasonable means of transportation, as determined by management. If requested by the employee, a shop xxxxxxx can accompany the employee to the testing site, so long as the shop xxxxxxx is the Board’s goal to prevent available and rehabilitate. However, this goal does not preclude cause an unreasonable delay in getting the employee from being subjected to appropriate disciplinary action. 21.02 All bargaining unit employees will be informed of the Board’s testing policy before testing is administeredsite. Employees will be provided with information concerning paid for the impact duration for the test at their regular hourly rate of the use of controlled substances on job performance. Employees and supervisors will be trained to recognize the symptoms of substance abuse, impairment and intoxication. In addition, the Board shall inform the bargaining unit employees of the causes for conducting tests, how well the tests perform, when the tests will be conducted, what the tests can determine, and the consequences of testing positive for substance abusepay. 5. All newly hired bargaining unit employees will drug and alcohol testing shall be provided with this information. 21.03 Employees will be subject to medical testing for alcohol and/or controlled substances under the following circumstances: a. Reasonable suspicion conducted only by a supervisor concerning the appearance, behavior, speech or breath of an employee while on duty or scheduled for duty, unless the behavior is reasonably explained as resulting from causes other than the use of controlled substances (reports of substance abuse or aberrant behavior which is not confirmed by supervisory observation shall not constitute reasonable suspicion); or b. Following a work-related accident which involved the loss of human life or any personal injury or where the employee receives a citation under state or local law for a moving traffic violation arising out of the accident; or c. Random testing for those employees who drive Board owned vehicles (random selection shall be done in a manner consistent with the Department of Transportation regulations); or d. Follow-up testing as directed by a Substance Abuse Professional (S.A.P.) for those employees who have had a confirmed positive test and who have returned to work; or e. Return to Duty Testing for those employees who have tested positive and who must be evaluated by a S.A.P. or who have been relieved of duty for a positive test. If requested, an employee will sign a consent form authorizing the withdrawal of a specimen of blood or urine or the performance of a breath test and a release of the results to the Board. A refusal to provide either specimen will constitute a presumption of intoxication and the employee will be subject to discharge. 21.04 No reasonable suspicion testing may be conducted without the approval of the supervisor. Within twenty-four hours, the supervisor must document in writing why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered. One copy of this document shall be given to the bargaining unit employee and one copy shall be provided to the Union. 21.05 Urine specimens and blood samples will be taken in a manner consistent with Department of Transportation regulations at Board cost. At the time the urine specimen is taken, it will be split in two, a primary specimen and a split specimen. Both specimens will be sent to the certified laboratory. The analysis of the primary shall be done by a Department of Transportation certified laboratory which complies with the Guidelines for Federal Drug Testing Programs. When the primary specimen is a confirmed positive, the laboratory Hospital will hold the request split specimen testing for sixty (60) calendar days from the date it received the split specimenall drug and alcohol tests pursuant to this Article. An employee with The laboratory’s inability to perform a verified positive result has the right, within seventy-two (72) hours of the notification of the verified positive result, to request the MRO have the split specimen be sent test based on a n insufficient sample shall have no effect on the Hospital’s ability to another Department of Transportation certified laboratorytake disciplinary action. Should the split sample fail to confirm the Screening shall test for presence of a controlled substancealcohol, the MRO will notify the Board amphetamines, THC, cocaine, opiates, phencyclidine, barbiturates, methaqualone, methadone, propoxyphene, hallucinogens, inhalants, anabolic steroids, hydrocodone and the employee the entire test has been cancelled and the reasons for the cancellationMDMA. 6. The cost of testing the split sample will be borne by the Union or the employee. If the results of the tests administered by the Board show Hospital shall provide an opportunity for assistance to employees having a drug/alcohol problem that the employee was under voluntarily discloses. Any employee that voluntarily discloses a drug/alcohol dependency problem to the influence ofHospital, or while on duty drankprior to notification that a screening test is to be administered, smokedshall be provide an unpaid leave of absence for drug/alcohol rehabilitation. Upon proof of successful completion of a rehabilitation program, ingested, inhaled or injected a controlled substance or alcohol or has evidence of being a current user of the Hospital will reinstate the employee to an illegal controlled substance, appropriate discipline may be imposed equivalent position in the same job title and at the same base pay as the position held by the Board after employee prior to the following procedure has been followed: The Board and leave of absence. Upon being reinstated, the employee shall be presented with subject to random drug/alcohol screening for a copy period of two (2) years from the laboratory report before any discipline is imposeddate of reinstatement. Should such employee subsequently test positive to a drug/alcohol screening test, the employee may be terminated, at the Hospital’s sole discretion. The Union or the employee shall have an opportunity to present to the Board any different results from the sample conducted by the Department provisions of Transportation certified laboratory selected by the Union or the employee, within a reasonable period of time. The failure of the Union or employee to have the third test performed or to present the results to the Board shall not be used against the employee as a basis for discipline or in any arbitration proceeding and, if not presented, the Union or the employee this Section shall be precluded from presenting such test results at any arbitration proceedings. After considering the results of the test performed for the Union or the employee, if presented, the Board may discipline the employee. Employees who test positive will be required subject to do the following: a. Undergo a medical assessment from a Substance Abuse Professional to determine if No employee may utilize the employee needs to undergo rehabilitation or other treatmentprovisions providing for the opportunity for assistance, as set forth above, more than once during their employment with the Hospital, unless required by applicable law; b. The fact that an employee voluntarily discloses a drug/alcohol dependency problem to the Hospital does not preclude the Hospital from disciplining the employee for events that led up to the voluntary disclosure if the employee’s actions were in violation of Hospital rules, policies or procedures; c. Any leave pursuant to this Section shall run concurrently with FMLA Leave, if applicable; d. The maximum length of any leave of absence that will be provided to any employee under this Section shall be required to submit to a return to duty test before returning to work andsix (6) months, if such test is positive, may be subject to further discipline, including termination; and c. If the employee drives a Board owned vehicle, such employee shall only be returned to a position that does not require the operation of a vehicle, provided the employee has the skills and abilities to fill the position and a vacant position exists. If no position exists, the employee shall be placed on a recall list and will be returned if a position for which except where the employee is qualified becomes available during using their own accrued leave time beyond the contractual recall six (6) month period. However, once an employee returns or is eligible to return, if the employee is tested over the next six month period and such test results are negative, the employee is eligible to be returned to the employee’s previous position. If the employee is working in the District, the employee The maximum length of paid leave time will be returned when a vacancy in the employee’s prior position occurs, otherwise, the employee will be permitted to bump back into the bargaining unit pursuant to the layoff and recall procedure. 21.06 Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance, however such employees shall be subject to Paragraph 21.05 (b) and (c). Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee’s consent. Employees enrolled in alcohol and substance abuse programs shall be subject to all Board rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. 21.07 Results of tests performed hereunder will be considered medical records and held confidential to the extent permitted by law but will be maintained in a file separate from the medical file of the employee.twelve

DRUG AND ALCOHOL TESTING. 21.01 Voluntary use 1. The Hospital and the Union agree to maintain a safe, health, and productive work environment for all employees, to provide thorough and effective patient care, to maintain the integrity and security of controlled substances which cause intoxication or impairment poses risks the workplace, and to perform all of these functions in a fashion consistent with our responsibilities to the studentscommunities’ which we serve. An employee who works or attends work under the influence of drugs or alcohol, or who refuses to take an alcohol/drug test when directed to do so pursuant to this Article, shall therefore be subject to disciplinary action up to and including termination. 2. Pursuant to these goals, employees will be required to undergo an alcohol/drug screen test in each of the following instances: A. When the Hospital has reasonable suspicion, based upon the behavior or demeanor of an employee, to believe that the employee’s ability to perform their job duties is impaired; B. After an on duty accident if there is reasonable suspicion by management that impairment may have contributed to the accident and there was injury to anyone requiring medical treatment or lost time from work or property damage of over $500.00; and C. When any applicable federal or state law requires. Reasonable suspicion assessments referenced in this Section shall only be made by supervisory or managerial employees that have been trained to identify the behaviors associated with impairment based on drug or alcohol use. If requested by the Union within 7 days of the drug or alcohol testing, the BoardHospital shall, within 7 days of receipt of such written request, provide a written explanation to the employee and Union describing the basis for the reasonable suspicion finding by management. 3. It is understood and agreed that the Hospital’s failure to require an alcohol or drug screen in any individual circumstance shall not constitute a waiver of the Hospital’s right to require such a screen in other employeescircumstances. Recognizing that substance abuse may An employee required to submit to a drug/alcohol screening test under this policy shall report to the test site promptly upon being requested to do so and shall execute all necessary consent forms required. 4. Employee will be an illnesstransported for testing, it if necessary, by car service or other reasonable means of transportation, as determined by management. If requested by the employee, a shop xxxxxxx can accompany the employee to the testing site, so long as the shop xxxxxxx is the Board’s goal to prevent available and rehabilitate. However, this goal does not preclude cause an unreasonable delay in getting the employee from being subjected to appropriate disciplinary action. 21.02 All bargaining unit employees will be informed of the Board’s testing policy before testing is administeredsite. Employees will be provided with information concerning paid for the impact duration of the use test at their regular hourly rate of controlled substances on job performance. Employees and supervisors will be trained to recognize the symptoms of substance abuse, impairment and intoxication. In addition, the Board shall inform the bargaining unit employees of the causes for conducting tests, how well the tests perform, when the tests will be conducted, what the tests can determine, and the consequences of testing positive for substance abusepay. 5. All newly hired bargaining unit employees drug and alcohol testing shall be conducted only by a certified laboratory. The Hospital will be provided with request split specimen testing for all drug and alcohol tests pursuant to this informationArticle. The laboratory’s inability to perform a split specimen test based on an insufficient sample shall have no effect on the Hospital’s ability to take disciplinary action. Screening shall test for presence of alcohol, amphetamines, THC, cocaine, opiates, phencyclidine, barbiturates, benzodiazepines, methaqualone, methadone, propoxyphene, hallucinogens, inhalants, anabolic steroids, hydrocodone and MDMA. 21.03 Employees will be subject 6. The Hospital shall provide an opportunity for assistance to medical testing for employees having a drug/alcohol and/or controlled substances under the following circumstances: a. Reasonable suspicion by a supervisor concerning the appearance, behavior, speech or breath of an employee while on duty or scheduled for duty, unless the behavior is reasonably explained as resulting from causes other than the use of controlled substances (reports of substance abuse or aberrant behavior which is not confirmed by supervisory observation shall not constitute reasonable suspicion); or b. Following a work-related accident which involved the loss of human life or any personal injury or where problem that the employee receives voluntarily discloses. Any employee that voluntarily discloses a citation under state or local law for a moving traffic violation arising out of the accident; or c. Random testing for those employees who drive Board owned vehicles (random selection shall be done in a manner consistent with the Department of Transportation regulations); or d. Follow-up testing as directed by a Substance Abuse Professional (S.A.P.) for those employees who have had a confirmed positive test and who have returned to work; or e. Return to Duty Testing for those employees who have tested positive and who must be evaluated by a S.A.P. or who have been relieved of duty for a positive test. If requested, an employee will sign a consent form authorizing the withdrawal of a specimen of blood or urine or the performance of a breath test and a release of the results drug/alcohol dependency problem to the Board. A refusal Hospital, prior to provide either specimen will constitute notification that a presumption of intoxication and the employee will screening test is to be subject to discharge. 21.04 No reasonable suspicion testing may be conducted without the approval of the supervisor. Within twenty-four hoursadministered, the supervisor must document in writing why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered. One copy of this document shall be given to the bargaining unit employee and one copy shall be provided an unpaid leave of absence for drug/alcohol rehabilitation. Upon proof of successful completion of a rehabilitation program, the Hospital will reinstate the employee to an equivalent position in the same job title and at the same base pay as the position held by the employee prior to the Union. 21.05 Urine specimens and blood samples will be taken in a manner consistent with Department leave of Transportation regulations at Board costabsence. At the time the urine specimen is takenUpon being reinstated, it will be split in two, a primary specimen and a split specimen. Both specimens will be sent to the laboratory. The analysis of the primary shall be done by a Department of Transportation certified laboratory which complies with the Guidelines for Federal Drug Testing Programs. When the primary specimen is a confirmed positive, the laboratory will hold the split specimen for sixty (60) calendar days from the date it received the split specimen. An employee with a verified positive result has the right, within seventy-two (72) hours of the notification of the verified positive result, to request the MRO have the split specimen be sent to another Department of Transportation certified laboratory. Should the split sample fail to confirm the presence of a controlled substance, the MRO will notify the Board and the employee the entire test has been cancelled and the reasons for the cancellation. The cost of testing the split sample will be borne by the Union or the employee. If the results of the tests administered by the Board show that the employee was under the influence of, or while on duty drank, smoked, ingested, inhaled or injected a controlled substance or alcohol or has evidence of being a current user of an illegal controlled substance, appropriate discipline may be imposed by the Board after the following procedure has been followed: The Board and the employee shall be presented with subject to random drug/alcohol screening for a copy period of two (2) years form the laboratory report before any discipline is imposeddate of reinstatement. Should such employee subsequently test positive to a drug/alcohol screening test, the employee may be terminated, at the Hospital’s sole discretion. The Union or the employee shall have an opportunity to present to the Board any different results from the sample conducted by the Department provisions of Transportation certified laboratory selected by the Union or the employee, within a reasonable period of time. The failure of the Union or employee to have the third test performed or to present the results to the Board shall not be used against the employee as a basis for discipline or in any arbitration proceeding and, if not presented, the Union or the employee this Section shall be precluded from presenting such test results at any arbitration proceedings. After considering the results of the test performed for the Union or the employee, if presented, the Board may discipline the employee. Employees who test positive will be required subject to do the following: a. Undergo a medical assessment from a Substance Abuse Professional to determine if No employee may utilize the employee needs to undergo rehabilitation or other treatment;provisions providing for the opportunity for assistance, as set forth above, more than once during their employment with the Hospital, unless required by applicable law. b. The fact that an employee voluntarily discloses a drug/alcohol dependency problem to the Hospital does not preclude the Hospital from disciplining the employee for events that led up to the voluntary disclosure if the employee’s actions were in violation of Hospital rules, policies or procedures; c. Any leave pursuant to this Section shall run concurrently with FMLA leave, if applicable; d. The maximum length of any leave of absence that will be provided to any employee under this Section shall be required to submit to a return to duty test before returning to work andsix (6) months, if such test is positive, may be subject to further discipline, including termination; and c. If the employee drives a Board owned vehicle, such employee shall only be returned to a position that does not require the operation of a vehicle, provided the employee has the skills and abilities to fill the position and a vacant position exists. If no position exists, the employee shall be placed on a recall list and will be returned if a position for which except where the employee is qualified becomes available during using their own accrued leave time beyond the contractual recall six (6) month period. HoweverThe maximum length of paid leave time will be twelve (12) months. Any employee still unable to return to work after this period of leave may be terminated by the Hospital. e. An employee that is on leave of absence pursuant to this Section shall provide written documentation, once which provides an employee returns or is eligible update on their status of their ability to returnreturn to work, if every 30 days following the first day of such leave of absence. The written documentation must be from the facility where the employee is tested over the next six month period and such test results are negative, the receiving treatment/counseling for his or her drug/alcohol dependency problem. An employee is eligible that fails to be returned to the employee’s previous position. If the employee is working in the District, the employee will be returned when a vacancy in the employee’s prior position occurs, otherwise, the employee will be permitted to bump back into the bargaining unit pursuant to the layoff and recall procedure. 21.06 Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance, however such employees timely provide this documentation shall be subject to Paragraph 21.05 (b) and (c). Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee’s consent. Employees enrolled in alcohol and substance abuse programs shall be subject to all Board rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illnesstermination. 21.07 Results of tests performed hereunder will be considered medical records and held confidential to the extent permitted by law but will be maintained in a file separate from the medical file of the employee.