Common use of DRUG AND ALCOHOL USE AND TESTING Clause in Contracts

DRUG AND ALCOHOL USE AND TESTING. Section 1. The Association agrees to the reasonable suspicion testing as outlined in the County’s Drug and Alcohol Use and Testing policy. A. Supervisors will advise employees that they may request a representative be present as an observer during the testing process if a representative is available and can be present without delay to the testing process. B. If an employee believes a manager may be impaired due to drugs or alcohol, the employee may report their observations to human resources. Human resources staff will determine if the manager’s condition satisfies the reasonable suspicion criteria for testing. No employee shall be subject to discipline or retribution for reporting a supervisor unless the County can prove the claim was made without merit or in bad faith by the employee. C. Any regular employee disqualified for employment due to failure to pass a pre-employment drug test may be subject to discipline in accordance with Article 20 of the Collective Bargaining Agreement. Imposition of discipline will be determined on a case-by-case basis. Section 2. The County agrees to the following declaration of intent as to the application of that policy to the Association and its members: A. The County agrees that managers will be held to the same standards and conditions under the Drug Free Workplace policy as they apply to represented employees. B. Employees are required to advise their supervisor if they reasonably believe that a prescription or non-prescription drug could impair their ability to perform their essential job functions. C. Employees are not required to tell their supervisor the prescription or non-prescription drug or the condition causing the use of the prescription or non-prescription drug only the effect of the prescription or non-prescription drug that may impair the employee’s ability to perform their essential job functions. D. The County will offer the same training to Association representatives as provided to managers in the implementation and application of the Drug and Alcohol Use and Testing policy. E. The Association or individual employees may grieve if they believe that they were tested without reasonable suspicion and/or without cause. F. Any last chance agreement applied as a result of the Drug and Alcohol Use and Testing shall only be valid if negotiated and agreed to and signed by the County, the Association, and the employee. The County’s Drug and Alcohol Use and Testing policy shall not be interpreted in a manner that conflicts with this Article.

DRUG AND ALCOHOL USE AND TESTING. Section 1. The Association Union and the county agree that the terms and conditions of federal regulations as applied to employees under CDL and Coast Guard licensing will continue to apply for drug testing and random drug testing. Section 2. The Union agrees to the reasonable suspicion testing as outlined in the Countycounty’s Drug and Alcohol Use and Testing policyPolicy. A. Supervisors will advise employees that they may request a representative xxxxxxx be present as an observer during the testing process if a representative xxxxxxx is available and can be present without delay to the testing process. B. If an employee believes a manager may be impaired due to drugs or alcohol, the employee may report their observations to human resources. Human resources staff will determine if the manager’s condition satisfies the reasonable suspicion criteria for testing. No employee shall be subject to discipline or retribution for reporting a supervisor unless the County county can prove the claim was made without merit or in bad faith by the employee. C. Any regular employee disqualified for employment due to failure to pass a pre-employment drug test may be subject to discipline in accordance with Article 20 of the Collective Bargaining Agreementcollective bargaining agreement. Imposition of discipline will be determined on a case-by-case basis. Section 23. The County county agrees to the following declaration of intent as to the application of that policy to the Association Union and its members: A. The County county agrees that managers will be held to the same standards and conditions under the Drug Free Workplace policy and Alcohol Use and Testing Policy as they apply to represented employees. B. Employees are required to advise their supervisor if they reasonably believe that a prescription or non-prescription drug could impair their ability to perform their essential job functions. C. Employees are not required to tell their supervisor the prescription or non-prescription drug or the condition causing the use of the prescription or non-prescription drug only the effect of the prescription or non-prescription drug that may impair the employee’s ability to perform their essential job functions. D. The County county will offer the same training to Association representatives Union stewards and officers as provided to managers in the implementation and application of the Drug and Alcohol Use and Testing policyPolicy. E. The Association Union or individual employees may grieve if they believe that they were tested without reasonable suspicion and/or without cause. F. Any last chance agreement applied as a result of the Drug and Alcohol Use and Testing shall only be valid if negotiated and agreed to and signed by the Countycounty, the AssociationUnion, and the employee. The County’s Drug and Alcohol Use and Testing policy shall not be interpreted in a manner that conflicts with this Article.