Common use of DRUG AND ALCOHOL TESTING Clause in Contracts

DRUG AND ALCOHOL TESTING. All employees, except those required by law to maintain a Commercial Driver’s License (CDL), shall be subject to random and reasonable suspicion drug / alcohol testing. Reasonable suspicion must be based on specific, contemporaneous, articulatable observations concerning the appearance, behavior, speech or body odor of 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 the employer’s time in possession or use of alcohol or controlled substances or 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 characteristic of alcohol or controlled substance misuse. An employee may be required to submit to testing when there is a 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 the testing site by a supervisor or other district appointed official. No Supervisor may use this contract section to harass 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, behavior, speech or body odor described above and by failing to complete 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, detailing the reasons for believing she or he has been harassed. An employee shall be 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 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 the responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available to the union upon reasonable request. The substances tested for will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of the currently recognized substances can be found in Appendix E. Others will be added as the federal regulations and guidelines are updated. Regarding Alcohol Only those tests, with approved protocols issued by the United States Department of Health and Human Services or its designee will be considered permissible blood alcohol tests. Certified breath alcohol technicians must administer both the initial and confirmatory tests. An individual with a breath alcohol level of .041 percent or above or the equivalent urine alcohol percentage shall be considered as having failed the test.

DRUG AND ALCOHOL TESTING. All employeesThe Village may require an employee to submit to urine and/or blood tests if the Village determines there is reasonable suspicion for such testing, except those required by law to maintain a Commercial Driver’s License (CDL), and provides the employee with the basis for such suspicion in writing within 48 hours after the test is administered. The Village shall use only licensed clinical laboratories for such testing and shall be subject to random and responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion drug / alcohol testingto believe the employee is tampering with the testing procedure. Reasonable suspicion must If the first test results in a positive finding, a confirmatory test (GC/MS or a scientifically accurate equivalent) shall be based on specificconducted. An initial positive test result shall not be submitted to the Village unless a confirmatory test result is also positive as to the same sample. Upon request, contemporaneous, articulatable observations concerning the appearance, behavior, speech Village shall provide an employee with a copy of any test results which the Village receives with respect to such employee. A portion of the tested sample shall be retained by the laboratory so that the employee may arrange for another confirmatory test (GC/MS or body odor a scientifically accurate equivalent) to be conducted by a licensed clinical laboratory of the employee’s choosing and at the employee’s expense. A reasonable suspicion based test shall not be authorized simply on third party information Once the portion of alcohol or drug use or possession. Official medical information and information received from policethe tested sample leaves the clinical laboratory selected by the Village, courts, legal documents, a signed statement or affidavit presented by a person who asserts that he or she has witnessed the employee while on shall be responsible for maintaining the employer’s time in possession or proper chain of custody for said portion of the tested sample. The results of any positive tests shall be made available to the Village. If an employee tests positive for the use of alcohol or controlled substances or a proscribed drug (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other official sources than a prescribed drug, the employee shall not be considered as third party information. Reasonable suspicion based drug required to enter and alcohol testing shall require that a trained supervisor or trained district official observes behavior or appearance successfully complete the Village’s Employee Assistance Program (“EAP”) during which is characteristic of alcohol or controlled substance misuse. An time the employee may be required to submit to random testing when there is a reasonable suspicion with the understanding that he if the employee again tests positive the Village can take such action as the Village, at its discretion, deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village, in its discretion deems, appropriate if an employee consumes alcohol while on duty. The illegal use, sale or she is under possession of proscribed drugs at any time while employed by the influence Village, abuse of drugs or alcohol. An employee suspected of prescribed drugs, as well as being under the influence of alcohol or controlled substances will be escorted to the testing site by a supervisor or other district appointed official. No Supervisor may use this contract section to harass any employee in the bargaining unit. Harassment consumption of alcohol while on duty, shall be defined in this section as sending an employee cause for testing without having established reasonable suspicion by having observed the appearance, behavior, speech or body odor described above and by failing to complete the supervisor’s checklist and the incident reportdiscipline including termination. 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, detailing the reasons for believing she or he has been harassed. An employee shall be 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 All other issues relating to the testing process shall be deemed (e.g., whether there is reasonable suspicion for ordering an employee to be insubordinate and shall be treated as though he or she had tested positive. The employer shall have the right submit to utilize any testing facility it chooses in the initial a test, however whether a laboratory which meets the standards recommended by the National Institute on Drug Abuse (NIDA) shall be used to conduct any confirmatory test. The requirements for proper chain of custodycustody has been maintained, storage etc.) may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Except where there is imminent danger to the life of urine an employee or blood samplesothers, quality assurance and control, will be the responsibility administrator of the chosen laboratoryVillage’s EAP shall maintain in strict confidentiality the fact that an employee has voluntarily sought assistance from the Village’s EAP. Proof of Certification and Quality Control Inspections Seeking confidential assistance from the Village’s EAP shall not be made available to the union upon reasonable request. The substances tested grounds for will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of the currently recognized substances can be found in Appendix E. Others will be added as the federal regulations and guidelines are updated. Regarding Alcohol Only those tests, with approved protocols issued by the United States Department of Health and Human Services or its designee will be considered permissible blood alcohol tests. Certified breath alcohol technicians must administer both the initial and confirmatory tests. An individual with a breath alcohol level of .041 percent or above or the equivalent urine alcohol percentage shall be considered as having failed the testdisciplinary action.

DRUG AND ALCOHOL TESTING. All A drug test under this policy is a urinalysis (for drugs) and an evidential breathalyzer test (for alcohol) administered under approved conditions and procedures conducted for the sole purpose of detecting drugs and alcohol. Other methods to detect the presence of alcohol may be added at a later date if approved by the FHWA, including blood/alcohol and saliva tests. The test will be conducted by a City appointed medical laboratory and paid for by the City. SUBJECT: An employee ordered to submit to a test or an applicant for employment directed to test by the Human Resources Division or hiring department. Obtaining a Urine Sample: Following authorization for reasonable suspicion or post-accident drug testing, the supervisor or other authorized person will transport the employee to the designated laboratory. In the case of an applicant for employment or follow up testing the individual shall appear at the designated laboratory at the time instructed by the Human Resources Division or hiring department. The subject (employee or applicant) will be interviewed by laboratory personnel prior to the sample collection to determine whether the subject is currently using drugs under medical supervision and/or taking over the counter medications which might reasonably impact the test. The room where the sample is obtained must be private and secure. Documentation shall be maintained that the area has been searched and is free of any foreign substance. For all general employees, except those required by law CDL holders, and individuals tested under the reasonable suspicion standard an observer shall not be present when the sample is collected. Procedural actions shall be taken in all tests to maintain a Commercial Driver’s License ensure the sample is from the subject and was actually passed at the time noted on the record. In the case of job applicants for uniformed Fire and Police (CDLunder separate policy), an observer of the same sex shall be present when the urine sample is taken. Processing Urine Samples: Each step in the collection and processing of the urine specimen shall be documented to establish procedural integrity and the chain of custody. When requested for CDL holders, testing shall be under SAMHSA (Substance Abuse and Mental Health Services Administration [formally NIDA standards]) testing procedures and approved laboratories. Unless specifically noted as in testing for uniformed police officers (under separate policy) or pre-employment tests for firefighters, all testing will be done using SAMHSA procedures and threshold levels. Uniformed Police and Fire pre-employment testing will be done according to the drug/alcohol testing protocols that are on file in the office of the Human Resources Manager. Confirmation testing will be conducted using Gas Chromatography-Mass Spectrometry. The urine sample shall be retained for 12 months by proper storage method to allow for further testing if necessary. Specimen samples shall be sealed and labeled. Samples shall be stored in a secure and refrigerated atmosphere. A large enough sample will be taken to allow for a second, follow- up test. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. Any applicant or employee providing false information about a urine or breath specimen or who attempts to contaminate such sample shall be subject to random and reasonable suspicion drug / alcohol testingremoval from consideration for hiring or termination. Reasonable suspicion must be based on specific, contemporaneous, articulatable observations concerning DRUGS TESTED: The laboratory shall test for the appearance, behavior, speech following drugs at levels that meet or body odor exceed the SAMHSA specified threshold in effect at the time of 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 the employer’s time in possession or use of alcohol or controlled substances or 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 characteristic of alcohol or controlled substance misuse. An employee may be required to submit to testing when there is a 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 the testing site by a supervisor or other district appointed official. No Supervisor may use this contract section to harass 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, behavior, speech or body odor described above and by failing to complete 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, detailing the reasons for believing she or he has been harassed. An employee shall be 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 Drug Abuse (NIDA) shall be used to conduct any confirmatory test. The requirements list of drugs and specified thresholds for chain screening level and confirmation level are published by SAMHSA and available in Human Resources or at the laboratory. Drug Amphetamines Cocaine Metab. Opiates PCP (Phencyclidine) THC (Marijuana) Alcohol* If SAMHSA should increase or decrease the above list of custodydrugs, storage of urine or blood samples, quality assurance and control, the City will be utilize the responsibility SAMHSA list in effect at the time of the chosen laboratorytest. Proof * Tested through an evidentiary breathalyzer instrument at a level of Certification .02 alcohol/breath concentration or greater, expressed in terms of grams per 210 liters of breath. RESULTS OF DRUG TESTING: The laboratory will review the results of the test and Quality Control Inspections determine if the sample contains any illegal drug or legal drug or alcohol at levels that would cause impairment or reveal its use in an illegal manner. The lab director will also review the medical history made available by the subject when a confirmed positive test could have resulted from a legally prescribed medication. For all CDL holders, mechanics and City employees, the results shall be made available forwarded immediately to the union upon reasonable requestCity designated Medical Review Officer (MRO) for further review. The substances tested for Human Resources Division will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list send a copy of the currently recognized substances can be found in Appendix E. Others will be added as drug testing results to the federal regulations and guidelines are updated. Regarding Alcohol Only those tests, with approved protocols issued by the United States Department of Health and Human Services or its designee will be considered permissible blood alcohol tests. Certified breath alcohol technicians must administer both the initial and confirmatory tests. An individual with a breath alcohol level of .041 percent or above or the equivalent urine alcohol percentage shall be considered as having failed the testemployee's home address.

DRUG AND ALCOHOL TESTING. All employeesThe Village may require an employee to submit to urine and/or blood tests if the Village determines there is reasonable suspicion for such testing, except those required by law and provides the employee with the basis for such suspicion in writing at or about the time the test is administered. If the written basis is not provided prior to maintain the actual test, a Commercial Driver’s License (CDL)verbal statement of the basis will be provided prior to administering the test. In addition, effective January 1, 2002, the Village may conduct random drug and alcohol testing up to four times per calendar year. The total number of such random tests shall not exceed 25% of the total number of sworn employees in the rank of sergeant and above. If the Village exercises its right to conduct such random tests, the group from which employees will be selected randomly will include all employees in the rank of sergeant and above. The selection of employees to be randomly tested shall be subject provided by the outside contractor that the Village uses to random and reasonable suspicion drug / alcohol testingrandomly select the employees who are to be tested. Reasonable suspicion must be based on specific, contemporaneous, articulatable observations concerning the appearance, behavior, speech or body odor In lieu of the employee. A reasonable suspicion based test shall not foregoing drug and alcohol testing provisions, any employee who is a direct supervisor of any employee assigned to investigations, assigned as an evidence technician, or assigned to any specialty assignment engaged in the enforcement of narcotics laws may be authorized simply on third party information of directed to submit to drug and 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 testing up to four (4) times per year while he or she has witnessed the employee while on the employer’s time in possession or use of alcohol or controlled substances or other official sources shall not be considered as third party informationis so assigned. Reasonable suspicion based All such drug and alcohol testing shall require that be done during the employee’s regularly assigned hours of work. The Village shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe the employee is tampering with the testing procedure. If the first test results in a trained supervisor positive finding, a confirmatory test (GC/MS or trained district official observes behavior or appearance which is characteristic of alcohol or controlled substance misusea scientifically accurate equivalent) shall be conducted. An initial positive test result shall not be submitted to the Village unless a confirmatory test result is also positive as to the same sample. Upon request, the Village shall provide an employee with a copy of any test results which the Village receives with respect to such employee. A portion of the tested sample shall be retained by the laboratory so that the employee may arrange for another confirmatory test (GC/MS or a scientifically accurate equivalent) to be conducted by a licensed clinical laboratory of the employee’s choosing and at the employee’s expense. Once the portion of the tested sample leaves the clinical laboratory selected by the Village, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. The results of any positive tests shall be made available to the Village. If an employee tests positive for the use of a proscribed drug (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a proscribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee may be required to submit to random testing when there is a reasonable suspicion with the understanding that he if the employee again tests positive the Village can take such action as the Village in its discretion deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village in its discretion deems appropriate if an employee consumes alcohol while on duty. The illegal use, sale or she is under possession of proscribed drugs at any time while employed by the influence Village, abuse of drugs or alcohol. An employee suspected of prescribed drugs, as well as being under the influence of alcohol or controlled substances will be escorted to the testing site by a supervisor or other district appointed official. No Supervisor may use this contract section to harass any employee in the bargaining unit. Harassment consumption of alcohol while on duty, shall be defined in this section as sending an employee cause for testing without having established reasonable suspicion by having observed the appearance, behavior, speech or body odor described above and by failing to complete the supervisor’s checklist and the incident reportdiscipline including termination. 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, detailing the reasons for believing she or he has been harassed. An employee shall be 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 All issues relating to the testing process shall be deemed (e.g., whether there is reasonable suspicion for ordering an employee to be insubordinate and shall be treated as though he or she had tested positive. The employer shall have the right submit to utilize any testing facility it chooses in the initial a test, however whether a laboratory which meets the standards recommended by the National Institute on Drug Abuse (NIDA) shall be used to conduct any confirmatory test. The requirements for proper chain of custodycustody has been maintained, storage etc.) may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Except where there is imminent danger to the life of urine an employee or blood samplesothers, quality assurance and control, will be the responsibility administrator of the chosen laboratoryVillage’s EAP shall maintain in strict confidentiality the fact that an employee has voluntarily sought assistance from the Village’s EAP. Proof of Certification and Quality Control Inspections Seeking confidential assistance from the Village’s EAP shall not be made available to the union upon reasonable request. The substances tested grounds for will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of the currently recognized substances can be found in Appendix E. Others will be added as the federal regulations and guidelines are updated. Regarding Alcohol Only those tests, with approved protocols issued by the United States Department of Health and Human Services or its designee will be considered permissible blood alcohol tests. Certified breath alcohol technicians must administer both the initial and confirmatory tests. An individual with a breath alcohol level of .041 percent or above or the equivalent urine alcohol percentage shall be considered as having failed the testdisciplinary action.

DRUG AND ALCOHOL TESTING. All employees, except those required by law The Village may require an employee to maintain a Commercial Driver’s License (CDL), shall be subject submit to random and urine and/or blood tests if the Village determines there is reasonable suspicion drug / alcohol for such testing, and provides the employee with the basis for such suspicion in writing within 48 hours of when the test is administered. Reasonable suspicion must be based on specificIf the written basis is not provided prior to the actual test, contemporaneous, articulatable observations concerning the appearance, behavior, speech or body odor a verbal statement of the employeebasis will be provided prior to administering the test. 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 policeIn addition, courtseffective January 1, legal documents2004, a signed statement or affidavit presented by a person who asserts that he or she has witnessed the employee while on the employer’s time in possession or use of alcohol or controlled substances or other official sources shall not be considered as third party information. Reasonable suspicion based Village may conduct random drug and alcohol testing up to two times per calendar year. The total number of random tests each time shall require not exceed 25% of the total number of sworn employees in the Winnetka Police Department. If the Village exercises its right to conduct such random tests, the group from which employees will be selected randomly will include all sworn employees in the rank of police officer and above. The selection of employees to be randomly tested shall be provided by the outside contractor that the Village uses to randomly select the employees who are to be tested. Unless specifically provided otherwise in this Section 22.6, the testing procedure shall be in accordance with Section 5 of the Village of Winnetka Employment and Safety Policy and Regulations for Employees Holding Commercial Drivers’ Licenses. The results of any positive tests shall be made available to the Chief of Police. If an employee tests positive for the use of a trained supervisor or trained district official observes behavior or appearance proscribed drug (i.e., an illegal drug, contraband), the Chief of Police can take such action as the Chief of Police in his discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a proscribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which is characteristic of alcohol or controlled substance misuse. An time the employee may be required to submit to random testing when there is a reasonable suspicion with the understanding that he if the employee again tests positive, the Chief of Police can take such action as the Chief of Police in his discretion deems appropriate. Notwithstanding the foregoing, the Chief of Police retains the right to take such action as the Chief of Police in his discretion deems appropriate if an employee consumes alcohol while on duty. The illegal use, sale or she is under possession of proscribed drugs at any time while employed by the influence Village, abuse of drugs or alcohol. An employee suspected of prescribed drugs, as well as being under the influence of alcohol or controlled substances will the consumption of alcohol while on duty, may be escorted the cause for discipline, up to and including termination, subject to the testing site by a supervisor or other district appointed officialaffected officer’s rights before the Board of Fire and Police Commissioners, pursuant to State Law. No Supervisor may use this contract section to harass any employee in the bargaining unit. Harassment While such disciplinary issues shall be defined in this section as sending an employee for testing without having established reasonable suspicion by having observed the appearance, behavior, speech or body odor described above and by failing to complete 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 subject to the manager exclusive jurisdiction of facilities operations within forty eight (48) hours the Board of being testedFire and Police Commissioners, detailing the reasons for believing she or he has been harassed. An employee shall be 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 all other issues relating to the testing process shall be deemed (e.g., whether there is reasonable suspicion for ordering an employee to be insubordinate and shall be treated as though he or she had tested positive. The employer shall have the right submit to utilize any testing facility it chooses in the initial a test, however whether a laboratory which meets the standards recommended by the National Institute on Drug Abuse (NIDA) shall be used to conduct any confirmatory test. The requirements for proper chain of custodycustody has been maintained, storage of urine or blood samplesetc.), quality assurance may be grieved in accordance with the grievance and control, will be the responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available to the union upon reasonable request. The substances tested for will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of the currently recognized substances can be found arbitration procedure set forth in Appendix E. Others will be added as the federal regulations and guidelines are updated. Regarding Alcohol Only those tests, with approved protocols issued by the United States Department of Health and Human Services or its designee will be considered permissible blood alcohol tests. Certified breath alcohol technicians must administer both the initial and confirmatory tests. An individual with a breath alcohol level of .041 percent or above or the equivalent urine alcohol percentage shall be considered as having failed the testthis Agreement.

DRUG AND ALCOHOL TESTING. All The Village may require an employee to submit to urine and/or blood tests if the Village determines there is reasonable suspicion for such testing, and provides the employee with the basis for such suspicion in writing at or about the time the test is administered. If the written basis is not provided prior to the actual test, a verbal statement of the basis will be provided prior to administering the test. In addition, effective January 1, 2009, the Village may conduct random drug and alcohol testing up to four times per calendar year. The total number of such random tests shall not exceed 25% of the total number of sworn employees in the bargaining unit who are not assigned to investigations, as evidence technicians, or assigned to any specialty assignment engaged in the enforcement of narcotics laws. If the Village exercises its right to conduct such random tests, the group from which employees will be selected randomly will include all sworn bargaining unit employees, except those required by law . The selection of employees to maintain a Commercial Driver’s License (CDL), be randomly tested shall be subject provided by the outside contractor that the Village uses to randomly select the employees who are to be tested. The Village’s right to conduct random drug and reasonable suspicion alcohol tests of bargaining unit employees as provided above shall only be in effect as long as the Village continues to conduct random drug / and alcohol testing. Reasonable suspicion must be based on specific, contemporaneous, articulatable observations concerning the appearance, behavior, speech or body odor tests of the employeeemployees in the rank of sergeant and above, plus the civilian commanders and the Police Chief. A reasonable suspicion based test To ensure compliance, the Village shall not provide the Union with a bi-annual report summarizing the number of random tests conducted within that six month period. In lieu of the foregoing drug and alcohol testing provisions, any employee assigned to investigations, assigned as an evidence technician, or assigned to any specialty assignment engaged in the enforcement of narcotics laws may be authorized simply on third party information of directed to submit to drug and 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 testing up to four (4) times per year while he or she has witnessed is assigned to any specialty assignment engaged in the employee while on the employer’s time in possession or use enforcement of alcohol or controlled substances or other official sources shall not be considered as third party informationnarcotics laws. Reasonable suspicion based All such drug and alcohol testing shall require that be done during the employee’s regularly assigned hours of work. The Village shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe the employee is tampering with the testing procedure. If the first test results in a trained supervisor positive finding, a confirmatory test (GC/MS or trained district official observes behavior or appearance which is characteristic of alcohol or controlled substance misusea scientifically accurate equivalent) shall be conducted. An initial positive test result shall not be submitted to the Village unless a confirmatory test result is also positive as to the same sample. Upon request, the Village shall provide an employee with a copy of any test results which the Village receives with respect to such employee. A portion of the tested sample shall be retained by the laboratory so that the employee may arrange for another confirmatory test (GC/MS or a scientifically accurate equivalent) to be conducted by a licensed clinical laboratory of the employee’s choosing and at the employee’s expense. Once the portion of the tested sample leaves the clinical laboratory selected by the Village, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. The results of any positive tests shall be made available to the Village. If an employee tests positive for the use of a proscribed drug (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a proscribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee may be required to submit to random testing when there is a reasonable suspicion with the understanding that he if the employee again tests positive the Village can take such action as the Village in its discretion deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village in its discretion deems appropriate if an employee consumes alcohol while on duty. The illegal use, sale or she is under possession of proscribed drugs at any time while employed by the influence Village, abuse of drugs or alcohol. An employee suspected of prescribed drugs, as well as being under the influence of alcohol or controlled substances will be escorted to the testing site by a supervisor or other district appointed official. No Supervisor may use this contract section to harass any employee in the bargaining unit. Harassment consumption of alcohol while on duty, shall be defined in this section as sending an employee cause for testing without having established reasonable suspicion by having observed the appearance, behavior, speech or body odor described above discipline including termination. Both disciplinary issues and by failing to complete 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, detailing the reasons for believing she or he has been harassed. An employee shall be 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 all other issues relating to the testing process shall be deemed (e.g., whether there is reasonable suspicion for ordering an employee to be insubordinate and shall be treated as though he or she had tested positive. The employer shall have the right submit to utilize any testing facility it chooses in the initial a test, however whether a laboratory which meets the standards recommended by the National Institute on Drug Abuse (NIDA) shall be used to conduct any confirmatory test. The requirements for proper chain of custodycustody has been maintained, storage etc.) may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Except where there is imminent danger to the life of urine an employee or blood samplesothers, quality assurance and control, will be the responsibility administrator of the chosen laboratoryVillage’s EAP shall maintain in strict confidentiality the fact that an employee has voluntarily sought assistance from the Village’s EAP. Proof of Certification and Quality Control Inspections Seeking confidential assistance from the Village’s EAP shall not be made available to the union upon reasonable request. The substances tested grounds for will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of the currently recognized substances can be found in Appendix E. Others will be added as the federal regulations and guidelines are updated. Regarding Alcohol Only those tests, with approved protocols issued by the United States Department of Health and Human Services or its designee will be considered permissible blood alcohol tests. Certified breath alcohol technicians must administer both the initial and confirmatory tests. An individual with a breath alcohol level of .041 percent or above or the equivalent urine alcohol percentage shall be considered as having failed the testdisciplinary action.

DRUG AND ALCOHOL TESTING. All employeesBargaining Unit Members who perform safety-sensitive functions will be subject to testing pursuant to FHWA and FTA regulations. Any testing procedures utilized by the City will conform with applicable federal and state requirements, except those and the City will conduct the appropriate tests required by applicable law to maintain determine if a Commercial Driver’s License (CDL)Bargaining Unit Member has in his/her system a prohibited level of alcohol or controlled substances. Pursuant to this policy, any employee who tampers with, falsifies, substitutes, or alters a urine sample, or breath test, or who attempts to do so, shall be subject to random disciplinary action, up to and reasonable suspicion including discharge. The City will adhere to all required standards of confidentiality. Testing records and results will be released only to those authorized to receive such information. As a general policy, drug / and alcohol testingtesting will be conducted off the City premises. Reasonable suspicion must Normally, administration of breath tests for alcohol will be based performed concurrently with urine collections. However, the City reserves the right to administer breath tests separately from urine collections and to administer breath tests and/or urine collections on specific, contemporaneous, articulatable observations concerning City premises. Where an employee holding a commercial drivers license and serving in a position which performs safety-sensitive functions unilaterally and voluntarily discloses to the appearance, behavior, speech or body odor of 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 employer that he or she has witnessed requires treatment for the abuse and/or misuse of alcohol and controlled substances (drugs), he/she shall not, by virtue of said disclosure, be subject to discipline, but rather, shall be referred to an employee assistance program for treatment. If it should be determined that the above-referenced employee may not continue to perform safety-sensitive functions, the employee while on shall be reassigned to a lower classification for which the employer’s time employee is qualified and compensated at the rate established for the top step of the lower classification provided there is no increase in possession or use pay. Provided, however, that for the first thirty (30) calendar days of alcohol or controlled substances or other official sources reassignment there shall not be considered as third party informationa reduction in the employees hourly rate of pay and he/she may continue to perform non-safety sensitive functions within his/her job description. Reasonable suspicion based drug and alcohol testing Additionally, for sixty (60) calendar days thereafter (a total of ninety (90) calendar days following reassignment) the employees hourly rate of pay shall require that a trained supervisor or trained district official observes behavior or appearance which is characteristic of alcohol or controlled substance misuse. An employee may be required to submit to testing when there is a 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 reduced to the testing site by top step of a supervisor or other district appointed officiallower classification. No Supervisor Where an employee cannot continue to perform “safety sensitive functions” as a result of the employee’s non-work related loss of licensure resulting from police action, the employee, notwithstanding the provisions set forth in subparagraph (a) above, upon reassignment to a lower classification, of which he/she qualifies, shall for a period of not more than 180 calendar days, be reduced to the highest step of that lower classification. Where the restriction/loss of licenser extends beyond 180 calendar days, the City may use this contract section to harass any place the employee in an unpaid status for no more than one year from date of incident and temporarily fill the bargaining unit. Harassment shall be defined in this section as sending vacancy internally or via an employee for testing without having established reasonable suspicion by having observed the appearance, behavior, speech or body odor described above and by failing to complete 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, detailing the reasons for believing she or he has been harassed. An employee shall be 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 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 the responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available to the union upon reasonable request. The substances tested for will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of the currently recognized substances can be found in Appendix E. Others will be added as the federal regulations and guidelines are updated. Regarding Alcohol Only those tests, with approved protocols issued by the United States Department of Health and Human Services or its designee will be considered permissible blood alcohol tests. Certified breath alcohol technicians must administer both the initial and confirmatory tests. An individual with a breath alcohol level of .041 percent or above or the equivalent urine alcohol percentage shall be considered as having failed the testoutside contract.

DRUG AND ALCOHOL TESTING. All employees, except those required by law to maintain a Commercial Driver’s License (CDL), shall be subject to random and reasonable suspicion drug / alcohol testing. Reasonable suspicion must be based on specific, contemporaneous, articulatable observations concerning the appearance, behavior, speech or body odor of 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 the employer’s time in possession or use of alcohol or controlled substances or 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 characteristic of alcohol or controlled substance misuse. An employee may be required to submit to testing when there is a 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 the testing site by a supervisor or other district appointed official. No Supervisor may use this contract section to harass 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, behavior, speech or body odor described above and by failing to complete 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, detailing the reasons for believing she or he has been harassed. An employee shall be 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 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 the responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available to the union upon reasonable request. The substances tested for will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of the currently recognized substances can be found in Appendix E. B. Others will be added as the federal regulations and guidelines are updated. Regarding Alcohol Only those tests, with approved protocols issued by the United States Department of Health and Human Services or its designee will be considered permissible blood alcohol tests. Certified breath alcohol technicians must administer both the initial and confirmatory tests. An individual with a breath alcohol level of .041 percent or above or the equivalent urine alcohol percentage shall be considered as having failed the test.

DRUG AND ALCOHOL TESTING. All Purpose: The City recognizes that employees that have used alcohol and drugs may be able to be rehabilitated to return as productive employees. To this end, except those required the City establishes a policy that alcohol and drug usage is a treatable condition. We value our employees and therefore will provide a one-chance option for rehabilitation if an employee tests positive for alcohol or drugs. However, if the severity of the incident warrants termination in the sole judgment of the City, we reserve the right to discharge an employee from City employment without offering a rehabilitation program. Policy: Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by law an employee of illegal drugs is strictly prohibited and may result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the employer if they are using prescriptions or other over-the-counter drugs they know, or reasonably should know, may impair their ability to maintain perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances, the employer may request the employee provide written medical authorization to perform various essential job functions from a Commercial Driver’s License (CDL)physician while using such drugs. A voluntary request by an employee for assistance with their alcohol or drug abuse problem will remain confidential and shall not be used as the basis for a last chance agreement or disciplinary action, shall be subject provided that the request for assistance is initiated prior to random and being identified as impaired through the procedures herein. Where a supervisory employee has a reasonable suspicion drug / to believe an employee is under the influence of alcohol testingor illegal drugs or is using illegal drugs, the employee in question will be asked to submit to discovery testing including breath tests, urinalysis and/or a blood screen to identify any involvement with alcohol or illegal drugs. Reasonable suspicion must shall be based on specific, contemporaneous, articulatable and articuable observations concerning the appearance, behavior, speech speech, or body odor odors of the employee. A reasonable suspicion based test shall not be authorized simply on third party information Possession 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 controlled substance while on duty is a prohibited behavior and will, at a minimum, result in reasonable suspicion testing. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the employer’s time in possession or use influence of alcohol or controlled substances or other official sources shall not be considered as third party informationan illegal drug for the purpose of administering this article. Reasonable suspicion based drug and alcohol testing shall require that a trained supervisor or trained district official observes behavior or appearance which is characteristic of alcohol or controlled substance misuse. An employee may be required Refusal to submit to a City-ordered alcohol or drug test or refusal to sign the required test forms, shall constitute as the same as falsifying, tampering, obstructing the testing when there is process, or contaminating the sample and shall result in termination, without a reasonable suspicion last chance process for rehabilitation or treatment. If the results of the drug or alcohol tests are positive, and support a conclusion that he the employee used an illegal drug or she is alcohol, or reported to work while under the influence of drugs or alcohol. An , the employee suspected of being under the influence of alcohol or controlled substances will may be escorted subject to the testing site by a supervisor or other district appointed official. No Supervisor may use this contract section to harass 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, behavior, speech or body odor described above and by failing to complete 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, detailing the reasons for believing she or he has been harassed. An employee shall be 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 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 the responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available to the union upon reasonable request. The substances tested for will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of the currently recognized substances can be found in Appendix E. Others will be added as the federal regulations and guidelines are updated. Regarding Alcohol Only those tests, with approved protocols issued by the United States Department of Health and Human Services or its designee will be considered permissible blood alcohol tests. Certified breath alcohol technicians must administer both the initial and confirmatory tests. An individual with a breath alcohol level of .041 percent or above or the equivalent urine alcohol percentage shall be considered as having failed the testdiscipline including immediate discharge.

DRUG AND ALCOHOL TESTING. All employeesThe City may require a blood test, except those required by law breathalyzer, urinalysis, or other drug/alcohol test of any employee whom the City reasonably suspects of using or being under the influence of a drug or alcohol in such a manner as to maintain a Commercial Driver’s License (CDL), affect his/her work or performance in any manner. The City may at its discretion randomly test 25% of the union membership per fiscal year. Selection for the union membership to be tested will be as follows: The names of the union membership shall be subject listed alphabetically and shall be numbered consecutively commencing with the number one (1). A number shall be placed in a container representing each number assigned to random each union member. After the numbers are placed in the container, they shall be drawn one at a time from the container after they have been thoroughly shaken and reasonable suspicion drug / alcohol testingmixed. Reasonable suspicion must The union member corresponding to the first number drawn shall be based on specific, contemporaneous, articulatable observations concerning the appearance, behavior, speech or body odor first member tested. The City of Mt. Xxxxxx will determine the number of union members to be tested up to the maximum of 25% of the employeeunion membership per fiscal year. A reasonable suspicion based test union representative and the City Manager or his designee shall not be authorized simply present at the selection of union member to be tested. Employees who are called into work after hours have the right of refusal of overtime if they feel that they are incapacitated or impaired due to influence of drugs or alcohol. It is the employees' responsibility to notify their Department Head of their reason for refusing overtime. Employees would retain their position on third party information of alcohol or drug use or possessionthe overtime call out list if they disclose the reason for refusal. 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 If the employee while on the employer’s time in possession or use of alcohol or controlled substances or 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 characteristic of alcohol or controlled substance misuse. An employee may be required reports to submit to testing when there is a reasonable suspicion that he or she is work under the influence of drugs or alcohol, the employee would be subject to drug testing as outlined in this section. Union members who are injured on the job which involves medical treatment; has an incident in which another person is injured which involves medical treatment; involved in an incident that results in damage estimated by their Department Head, at the accident scene, to be over $500.00 to City vehicle or equipment; and/or to any damage to the general public's property shall immediately submit to drug testing. An alcohol test which reveals a concentration of 0.05% {50 mg/di) of alcohol in the employee's blood stream will be considered conclusive evidence that the employee suspected of being was "under the influence influence" of alcohol or controlled substances will within the meaning of this drug-free workplace policy. Evidence of a lesser concentration of alcohol may also be escorted to the considered along with other evidence indicating impairment in any degree. The testing site by a supervisor or other district appointed official. No Supervisor may use this contract section to harass any employee in the bargaining unit. Harassment laboratory shall be defined certified to perform tests under the Mandatory Guidelines for Federal Workplace Testing Programs in this section as sending an employee for testing without having established reasonable suspicion by having observed the appearance, behavior, speech or body odor described above and by failing to complete the supervisor’s checklist and the incident reporteffect at that time (hereinafter called "Guidelines"). 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, detailing the reasons for believing she or he has been harassed. An employee Positive drug test cut-off levels shall be 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 established by the National Institute on 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 the responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available to the union upon reasonable request. The substances tested for will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of the currently recognized substances can be found in Appendix E. Others will be added as the federal regulations and guidelines are updated. Regarding Alcohol Only those tests, with approved protocols issued by the United States Department of Health and Human Services {HHS) and published in the guidelines entitled "Mandatory Guidelines for Federal Workplace Drug Testing Programs". Test levels are subject to change by the Department of Health and Human Services as advances in technology or its considerations warrant identification of substances at other concentrations. In-house breathalyzer and drug screens may be administered for the preliminary screening of post-accident tests. The Department Head or his designee will be considered permissible blood alcohol conduct the in-house tests. Certified breath alcohol technicians must administer both the initial and confirmatory tests. An individual with a breath alcohol level of .041 percent or above or the equivalent urine alcohol percentage A Union Xxxxxxx shall be considered as having failed present for in-house test. If the test results are positive for drugs or alcohol then the employee will go to a medical clinic or lab for certified post-accident testing. If the test results are negative for drugs or alcohol, no further tests will be administered unless there is reasonable suspicion for a certified test. No employment decision made solely on the in-house test. (PBT - Portable Breath Tests & over the counter 12 to 14 panel drug tests) Each step in the certified laboratory collecting and processing of the urine specimens shall be documented to establish procedural integrity and the chain of custody and shall remain independent of the City. Where a positive result is confirmed, urine specimens shall be maintained in secured, refrigerated storage for a 72-hour period after the employee is notified of the results. If an employee is scheduled for a drug or alcohol test during his/her regularly scheduled work shift, the City will pay the employee for time lost from such scheduled work for that day, provided the employee's test results are negative and the employee was not otherwise subject to disciplinary suspension at that time.

DRUG AND ALCOHOL TESTING. All employees, except those required by law to maintain a Commercial Driver’s License (CDL), shall be subject to random and reasonable suspicion drug / and alcohol testing. Reasonable suspicion must be based on specific, contemporaneous, articulatable observations concerning the appearance, behavior, speech or body odor of the employee. The supervisor shall record the observations on the supervisor’s checklist. 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 the employer’s time in possession or use of alcohol or controlled substances or 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 characteristic of alcohol or controlled substance misuse. The trained supervisor or trained district official must complete an incident report within twenty-four (24) hours of the observed behavior or before the results of the test are released, whichever comes later. An employee may be required to submit to testing when there is a 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 the testing site cite by a supervisor or other district appointed official. No Supervisor may use this contract section to harass 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, behavior, speech or body odor described above and by failing to complete 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, detailing the reasons for believing she or he has been harassed. An employee shall be 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 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 the responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available to the union upon reasonable request. The substances tested for will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of the currently recognized substances can be found in Appendix E. Others will be added as the federal regulations and guidelines are updated. Regarding Alcohol Only those tests, with approved protocols issued by the United States Department of Health and Human Services or its designee will be considered permissible blood alcohol tests. Certified breath alcohol technicians must administer both the initial and confirmatory tests. An individual with a breath alcohol level of .041 percent or above or the equivalent urine alcohol percentage shall be considered as having failed the test.eight

DRUG AND ALCOHOL TESTING. All employeesBargaining Unit Members who perform safety-sensitive functions will be subject to testing pursuant to FHWA and FTA regulations. Any testing procedures utilized by the City will conform with applicable federal and state requirements, except those and the City will conduct the appropriate tests required by applicable law to maintain determine if a Commercial Driver’s License (CDL)Bargaining Unit Member has in his/her system a prohibited level of alcohol or controlled substances. Pursuant to this policy, any employee who tampers with, falsifies, substitutes, or alters a urine sample, or breath test, or who attempts to do so, shall be subject to random disciplinary action, up to and reasonable suspicion including discharge. The City will adhere to all required standards of confidentiality. Testing records and results will be released only to those authorized to receive such information. As a general policy, drug / and alcohol testingtesting will be conducted off the City premises. Reasonable suspicion must Normally, administration of breath tests for alcohol will be based performed concurrently with urine collections. However, the City reserves the right to administer breath tests separately from urine collections and to administer breath tests and/or urine collections on specific, contemporaneous, articulatable observations concerning City premises. Where an employee holding a commercial drivers license and serving in a position which performs safety-sensitive functions unilaterally and voluntarily discloses to the appearance, behavior, speech or body odor of 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 employer that he or she has witnessed requires treatment for the abuse and/or misuse of alcohol and controlled substances (drugs), he/she shall not, by virtue of said disclosure, be subject to discipline, but rather, shall be referred to an employee assistance program for treatment. If it should be determined that the above-referenced employee may not continue to perform safety-sensitive functions, the employee while on shall be reassigned to a lower classification for which the employer’s time employee is qualified and compensated at the rate established for the top step of the lower classification provided there is no increase in possession or use pay. Provided, however, that for the first thirty (30) calendar days of alcohol or controlled substances or other official sources reassignment there shall not be considered as third party informationa reduction in the employees hourly rate of pay and he/she may continue to perform non-safety sensitive functions within his/her job description. Reasonable suspicion based drug and alcohol testing Additionally, for sixty (60) calendar days thereafter (a total of ninety (90) calendar days following reassignment) the employees' hourly rate of pay shall require that a trained supervisor or trained district official observes behavior or appearance which is characteristic of alcohol or controlled substance misuse. An employee may be required to submit to testing when there is a 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 reduced to the testing site by top step of a supervisor or other district appointed officiallower classification. No Supervisor Where an employee cannot continue to perform “safety sensitive functions” as a result of the employee’s non-work related loss of licensure resulting from police action, the employee, notwithstanding the provisions set forth in subparagraph (a) above, upon reassignment to a lower classification, of which he/she qualifies, shall for a period of not more than 180 calendar days, be reduced to the highest step of that lower classification. Where the restriction/loss of licenser extends beyond 180 calendar days, the City may use this contract section to harass any place the employee in an unpaid status for no more than one year from date of incident and temporarily fill the bargaining unit. Harassment shall be defined in this section as sending vacancy internally or via an employee for testing without having established reasonable suspicion by having observed the appearance, behavior, speech or body odor described above and by failing to complete 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, detailing the reasons for believing she or he has been harassed. An employee shall be 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 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 the responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available to the union upon reasonable request. The substances tested for will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of the currently recognized substances can be found in Appendix E. Others will be added as the federal regulations and guidelines are updated. Regarding Alcohol Only those tests, with approved protocols issued by the United States Department of Health and Human Services or its designee will be considered permissible blood alcohol tests. Certified breath alcohol technicians must administer both the initial and confirmatory tests. An individual with a breath alcohol level of .041 percent or above or the equivalent urine alcohol percentage shall be considered as having failed the testoutside contract.

DRUG AND ALCOHOL TESTING. All employeesThe City may require a blood test, except those required by law breathalyzer, urinalysis, or other drugƒalcohol test of any employee whom the City reasonably suspects of using or being under the influence of a drug or alcohol in such a manner as to maintain a Commercial Driver’s License (CDL), affect hisƒher work or performance in any manner. The City may at its discretion randomly test 25% of the union membership per fiscal year. Selection for the union membership to be tested will be as follows: The names of the union membership shall be subject listed alphabetically and shall be numbered consecutively commencing with the number one (1). A number shall be placed in a container representing each number assigned to random each union member. After the numbers are placed in the container, they shall be drawn one at a time from the container after they have been thoroughly shaken and reasonable suspicion drug / alcohol testingmixed. Reasonable suspicion must The union member corresponding to the first number drawn shall be based on specific, contemporaneous, articulatable observations concerning the appearance, behavior, speech or body odor first member tested. The City of Mt. Xxxxxx will determine the number of union members to be tested up to the maximum of 25% of the employeeunion membership per fiscal year. A reasonable suspicion based test union representative and the City Manager or his designee shall not be authorized simply present at the selection of union member to be tested. Employees who are called into work after hours have the right of refusal of overtime if they feel that they are incapacitated or impaired due to influence of drugs or alcohol. It is the employees’ responsibility to notify their Department Head of their reason for refusing overtime. Employees would retain their position on third party information of alcohol or drug use or possessionthe overtime call out list if they disclose the reason for refusal. 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 If the employee while on the employer’s time in possession or use of alcohol or controlled substances or 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 characteristic of alcohol or controlled substance misuse. An employee may be required reports to submit to testing when there is a reasonable suspicion that he or she is work under the influence of drugs or alcohol, the employee would be subject to drug testing as outlined in this section. Union members who are injured on the job which involves medical treatment; has an incident in which another person is injured which involves medical treatment; involved in an incident that results in damage estimated by their Department Head, at the accident scene, to be over $500.00 to City vehicle or equipment; andƒor to any damage to the general public’s property shall immediately submit to drug testing. An alcohol test which reveals a concentration of 0.05% (50 mgƒdl) of alcohol in the employee's blood stream will be considered conclusive evidence that the employee suspected of being was "under the influence influence" of alcohol or controlled substances will within the meaning of this drug−free workplace policy. Evidence of a lesser concentration of alcohol may also be escorted to the considered along with other evidence indicating impairment in any degree. The testing site by a supervisor or other district appointed official. No Supervisor may use this contract section to harass any employee in the bargaining unit. Harassment laboratory shall be defined certified to perform tests under the Mandatory Guidelines for Federal Workplace Testing Programs in this section as sending an employee for testing without having established reasonable suspicion by having observed the appearance, behavior, speech or body odor described above and by failing to complete the supervisor’s checklist and the incident reporteffect at that time (hereinafter called "Guidelines"). 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, detailing the reasons for believing she or he has been harassed. An employee Positive drug test cut−off levels shall be 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 established by the National Institute on 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 the responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available to the union upon reasonable request. The substances tested for will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of the currently recognized substances can be found in Appendix E. Others will be added as the federal regulations and guidelines are updated. Regarding Alcohol Only those tests, with approved protocols issued by the United States Department of Health and Human Services (HHS) and published in the guidelines entitled “Mandatory Guidelines for Federal Workplace Drug Testing Programs”. Test levels are subject to change by the Department of Health and Human Services as advances in technology or its considerations warrant identification of substances at other concentrations. In−house breathalyzer and drug screens may be administered for the preliminary screening of post−accident tests. The Department Head or his designee will be considered permissible blood alcohol conduct the in−house tests. Certified breath alcohol technicians must administer both the initial and confirmatory tests. An individual with a breath alcohol level of .041 percent or above or the equivalent urine alcohol percentage A Union Xxxxxxx shall be considered as having failed present for in−house test. If the test results are positive for drugs or alcohol then the employee will go to a medical clinic or lab for certified post−accident testing. If the test results are negative for drugs or alcohol, no further tests will be administered unless there is reasonable suspicion for a certified test. No employment decision made solely on the in−house test. (PBT − Portable Breath Tests & over the counter 12 to 14 panel drug tests) Each step in the certified laboratory collecting and processing of the urine specimens shall be documented to establish procedural integrity and the chain of custody and shall remain independent of the City. Where a positive result is confirmed, urine specimens shall be maintained in secured, refrigerated storage for a 72−hour period after the employee is notified of the results. If an employee is scheduled for a drug or alcohol test during hisƒher regularly scheduled work shift, the City will pay the employee for time lost from such scheduled work for that day, provided the employee's test results are negative and the employee was not otherwise subject to disciplinary suspension at that time.