Common use of DRUG FREE AND ALCOHOL FREE WORKPLACE POLICY Clause in Contracts

DRUG FREE AND ALCOHOL FREE WORKPLACE POLICY. 39.1: The City and the PBA recognize that employee substance and alcohol abuse has an adverse impact on City government, the image of City employees, the general health, welfare and safety of employees, and to the general public at large. Therefore, it is in the best interest of the parties to negotiate over the subject of drug and alcohol testing. 39.2: Using, selling, possessing or being under the influence of drugs or controlled substances is prohibited. "Under the influence" as used in this Article shall be defined as those amounts of drugs, alcohol or controlled substances which are specified within this Article and/or for which there are state and/or federal standards. "Drugs or controlled substances" as used in this Article shall be defined as illegal substances, controlled substances, substances which may legally be prescribed but which were not prescribed for the particular employee and/or prescribed drugs used by the particular employee in non-conformance with the prescription. Employees are further prohibited from consuming alcohol on duty and/or abusing alcohol off duty to the extent that such use and/or abuse tends to have an effect upon the performance of their job functions. 39.3: The City has the right to randomly drug/alcohol test up to fifty percent (50%) of all bargaining unit employees each calendar year. Additionally, all employees who are assigned/transferred in and out of the VIN unit will be required to submit to drug/alcohol testing. In addition to random testing, the City shall apply the reasonable suspicion standard in ordering testing for drugs, alcohol or controlled substances. 39.4: Testing for drugs or controlled substances shall be done through a blood and/or urine analysis at the City's discretion. Testing for alcohol will be done through a blood analysis or through an intoxilyzer. Blood samples shall be taken to test for alcohol and/or drugs or other substances where it is generally accepted by medical and/or toxicological experts that testing for such substance is insufficiently accurate through urine samples or where testing of the substance through blood samples provides substantially greater accuracy. Urine sample shall be collected under supervision of the medical laboratory personnel in the following manner: 1. Urine sample collection will be unwitnessed unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided. 2. The urine specimen collected shall be sufficient for two drug tests as determined by the Agency for Health Care Administration. 3. Employees may inspect the container to be utilized for collection of the urine sample and may request a substitute container. 4. Employees may observe the labeling, sealing and packaging for routing of their urine samples by laboratory personnel. 5. A record of the "chain of custody" or urine specimens shall be maintained. 6. Every specimen that produces a positive, confirmed test result shall be preserved by the licensed or certified laboratory that conducted the confirmation test for a period of 210 days after the result of the test was mailed or otherwise delivered to the medical review officer. However, if an employee undertakes an administrative or legal challenge to the test result, the employee shall notify the laboratory and the sample shall be retained until the case or administrative appeal is settled. During the 180-day period after written notification of a positive test result, the employee who has provided the specimen shall be permitted by the City to have a portion of the specimen retested, at the employee's expense, at another laboratory, licensed and approved by the Agency for Health Care Administration, chosen by the employee. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory that performed the test for the City is responsible for the transfer of the portion of the specimen to be retested, and for the integrity of the chain of custody during such transfer. In the event a urine specimen is tested as positive under the drug testing screen, as specified below, a portion of that sample shall be subjected to gas chromatography/mass spectrophotometry (GC/MS) testing. If the GC/MS confirmation test also is positive, the employee may request a portion of the urine sample to be supplied to a qualified laboratory for independent analysis, the cost of which will be paid by the employee. All testing shall be done by a qualified laboratory with expertise in toxicology testing and methodology. All positive test results shall be evaluated by a certified toxicologist. All samples which test positive on a screening test shall be confirmed by gas chromatography/mass spectrophotometry ("GC/MS"). Employees shall be required to document their legal drug and/or substance use, as defined above, within twenty-four (24) hours after the specimen is donated. Test results shall be treated with the same confidentiality as other medical records (except that they may be released to the employee; the PBA [if applicable]; in any proceedings held regarding any disciplinary action on account of a positive drug test result; and to any governmental agency).

DRUG FREE AND ALCOHOL FREE WORKPLACE POLICY. 39.1: The City and the PBA recognize that employee substance and alcohol abuse has an adverse impact on City government, the image of City employees, the general health, welfare and safety of employees, and to the general public at large. Therefore, it is in the best interest of the parties to negotiate over the subject of drug and alcohol testing. 39.2: Using, selling, possessing or being under the influence of drugs or controlled substances is prohibited. "Under the influence" as used in this Article shall be defined as those amounts of drugs, alcohol or controlled substances which are specified within this Article and/or for which there are state and/or federal standards. "Drugs or controlled substances" as used in this Article shall be defined as illegal substances, controlled substancessub- stances, substances which may legally be prescribed but which were not prescribed for the particular employee and/or prescribed drugs used by the particular employee in non-conformance with the prescription. Employees are further prohibited from consuming alcohol on duty and/or abusing alcohol off duty to the extent that such use and/or abuse tends to have an effect upon the performance of their job functions. 39.3: The City has the right to randomly drug/alcohol test up to fifty percent (50%) of all bargaining unit employees each calendar year. Additionally, all employees who are assigned/transferred in and out of the VIN unit will be required to submit to drug/alcohol testing. In addition to random testing, the City shall apply the reasonable suspicion standard in ordering testing for drugs, alcohol or controlled substances. 39.4: Testing for drugs or controlled substances shall be done through a blood and/or urine analysis at the City's discretion. Testing for alcohol will be done through a blood analysis or through an intoxilyzerintoxalyzer. Blood samples shall be taken to test for alcohol and/or drugs or other substances where it is generally accepted by medical and/or toxicological experts that testing for such substance is insufficiently accurate through urine samples or where testing of the substance through blood samples provides substantially greater accuracy. Urine sample shall be collected under supervision of the medical laboratory personnel in the following manner: 1. Urine sample collection will be unwitnessed unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided. 2. The urine specimen collected shall be sufficient for two drug tests as determined by the Agency for Health Care Administration. 3. Employees may inspect the container to be utilized for collection of the urine sample and may request a substitute container. 43. Employees may observe the labeling, sealing and packaging for routing of their urine samples by laboratory personnel. 54. A record of the "chain of custody" or urine specimens shall be maintained. 6. Every specimen that produces a positive, confirmed test result shall be preserved by the licensed or certified laboratory that conducted the confirmation test for a period of 210 days after the result of the test was mailed or otherwise delivered to the medical review officer. However, if an employee undertakes an administrative or legal challenge to the test result, the employee shall notify the laboratory and the sample shall be retained until the case or administrative appeal is settled. During the 180-day period after written notification of a positive test result, the employee who has provided the specimen shall be permitted by the City to have a portion of the specimen retested, at the employee's expense, at another laboratory, licensed and approved by the Agency for Health Care Administration, chosen by the employee. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory that performed the test for the City is responsible for the transfer of the portion of the specimen to be retested, and for the integrity of the chain of custody during such transfer. In the event a urine specimen is tested as positive under the drug testing screen, as specified below, a portion of that sample shall be subjected to gas chromatography/mass spectrophotometry (GC/MS) testing. If the GC/MS confirmation test also is positive, the employee may request a portion of the urine sample to be supplied to a qualified laboratory for independent analysis, the cost of which will be paid by the employee. All testing shall be done by a qualified laboratory with expertise in toxicology testing and methodology. All positive test results shall be evaluated by a certified toxicologist. All samples which test positive on a screening test shall be confirmed by gas chromatography/mass spectrophotometry ("GC/MS"). Employees shall be required to document their legal drug and/or substance use, as defined above, within twenty-four (24) hours after the specimen is donated. Test results shall be treated with the same confidentiality as other medical records (except that they may be released to the employee; the PBA [if applicable]; in any proceedings held regarding any disciplinary action on account of a positive drug test result; and to any governmental agency).four

DRUG FREE AND ALCOHOL FREE WORKPLACE POLICY. 39.1: 1. The City Town and the PBA FOP recognize that employee substance and alcohol abuse has an adverse impact on City Town government, the image of City Town employees, the general health, welfare and safety of employees, and to the general public at large. Therefore, it is in the best interest of the parties to negotiate over the subject of drug and alcohol testingalcoholtesting. 39.2: 2. Using, selling, possessing or being under the influence of drugs or controlled substances is prohibited. "Under the influence" as used in this Article shall be defined as those amounts of drugs, alcohol or controlled substances in an employee's system at levels which are specified within this Article and/or for which there are state and/or federal standards. "Drugs or controlled substances" as used in this Article shall be defined as illegal substances, controlled substances, substances which may legally be prescribed but which were not prescribed for the particular employee and/or prescribed drugs used by the particular employee in non-conformance with the prescription. Employees are further prohibited from consuming alcohol on duty and/or abusing alcohol off duty to the extent that such use and/or abuse tends to have an effect upon the performance of their job functions. 39.3: 3. The City Town has the right to randomly drug/alcohol test up to fifty percent (50%) of all any bargaining unit employees each calendar year. Additionally, all employees who are assigned/transferred in and out of the VIN unit will be required to submit to drug/alcohol testingemployee. In addition to random testing, the City Town shall apply the reasonable suspicion standard in ordering testing for drugs, alcohol or controlled substances. 39.4: 4. Testing for drugs or controlled substances shall be done through a blood and/or urine urine, analysis at the CityTown's discretion. Testing for alcohol will may be done through a blood analysis or through an intoxilyzerintoxalyzer. Blood samples shall be taken to test for alcohol and/or drugs only with lawful court order or other substances where it is generally a legal search accepted by medical and/or toxicological experts that testing for such substance is insufficiently accurate through urine samples or where testing of the substance through blood samples provides substantially greater accuracy. Urine sample samples shall be collected under the supervision of the medical laboratory personnel in the following manner: 1. a. Urine sample collection will be unwitnessed unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided. 2. The urine specimen collected shall be sufficient for two drug tests as determined by the Agency for Health Care Administration. 3. b. Employees may inspect the container to be utilized for collection of the urine sample and may request a substitute container. 4. c. Employees may observe the labeling, sealing and packaging for routing of their urine samples by laboratory personnel. 5. d. A record of the "chain of custody" or urine specimens shall be maintained. 6. Every specimen that produces a positive, confirmed test result shall be preserved by the licensed or certified laboratory that conducted the confirmation test for a period of 210 days after the result of the test was mailed or otherwise delivered to the medical review officer. However, if an employee undertakes an administrative or legal challenge to the test result, the employee shall notify the laboratory and the sample shall be retained until the case or administrative appeal is settled. During the 180-day period after written notification of a positive test result, the employee who has provided the specimen shall be permitted by the City to have a portion of the specimen retested, at the employee's expense, at another laboratory, licensed and approved by the Agency for Health Care Administration, chosen by the employee. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory that performed the test for the City is responsible for the transfer of the portion of the specimen to be retested, and for the integrity of the chain of custody during such transfer. In the event a urine specimen is tested as positive under the drug testing screen, as specified below, a portion of that sample shall be subjected to gas chromatography/mass spectrophotometry (GC/MS) testing. If the GC/MS confirmation test also is positive, the employee may request a portion of the urine sample to be supplied to a qualified laboratory for independent analysis, the cost of which will be paid by the employee. 5. Drugs, their metabolites, alcohol and other substances for which the Town will screen an employee's urine and/or blood sample include, but are not limited to the following: alcohol, amphetamines, barbiturates, benzodiazepines, cocaine metabolites (benzoylecogonine), manjuana metabolites (delta-9-tetrahydrocannabinol-9-carboxylic acid), methaqualone, opiates, phencyclidine and propoxyphene. All testing shall be done by a qualified laboratory with expertise in toxicology testing and methodology. All positive test results shall be evaluated by a certified toxicologist. All samples which test positive on a screening test shall be confirmed by gas chromatography/mass spectrophotometry ("GC/MS"). Employees shall be required to document their legal drug and/or substance use, as defined above, within twenty-four (24) hours after the specimen is donated. Test results shall be treated with the same confidentiality as other medical records (except that they may be released to the employee; the PBA FOP [if applicable]; in any proceedings held regarding any disciplinary action on account of a positive drug test result; and to any governmental agency). The standards to be used for employee drug testing are as follows: DRUG/METABOLITE TEST SCREENING CONFIRMATION Amphetamines 1000 ng/ml 500 ng/ml Barbiturates 300 ng/ml 150 ng/ml Benzodiazepines 300 ng/ml 150 ng/ml Cocaine 300 ng/ml 150 ng/ml Marijuana 100 ng/ml 15 ng/ml Methaqualone 300 ng/ml 300 ng/ml Opiates 300 ng/ml 300 ng/ml Phencyclidine 25 ng/ml 25 ng/ml Phopoxyphene 300 ng/ml 150 ng/ml An employee will be considered to test positive for alcohol at the level equal to or exceeding 0.04g%. Other drugs and substances may be tested for by the Town in its discretion. In that event, they will be tested at levels according to generally accepted toxicology standards. 6. Non-probationary employees have the right to challenge the Town's adherence to the contractual requirements of drug testing set forth herein in the same manner that the employee may grieve any managerial decision. 7. The Town, in its discretion, may discipline (up to and including termination) an employee for alcohol use/abuse and/or the Town may choose to rehabilitate the employee. It is recognized that the Town must maintain its discretion in making any determination as to whether to discipline and/or attempt to rehabilitate an individual who tests positive for alcohol, or otherwise violates this policy on a case-by-case basis. Prohibited drug use/abuse will be dealt with by immediate termination. If the FOP believes the Town has acted arbitrarily and capriciously in its determination of whether to recommend rehabilitation of an employee, the FOP may grieve the Town's decision, based upon that standard. In the event the Town chooses to rehabilitate an employee, the Town may place the employee on administrative leave without pay during the period of rehabilitation. An employee who fails to complete the entire rehabilitation program, including follow-up care, may be immediately terminated. Also, in the event the Town elects to rehabilitate an employee for a violation of this Article, the Town is not obligated to offer rehabilitation to an employee a second time, and future "relapses" may be dealt with by immediate termination. 8. It is recognized that technology may, from time to time, improve the type and/or testing methods available for drug and/or alcohol testing. In that event, the Town may change its testing methods or procedures and the FOP may challenge said change through the grievance procedure if it believes the Town acted arbitrarily and capriciously. 9. An employee who refuses and/or tampers with a drug or alcohol test may be subject to disciplinary action up to and including termination.

DRUG FREE AND ALCOHOL FREE WORKPLACE POLICY. 39.1: The City and the PBA recognize that employee substance and alcohol abuse has an adverse impact on City government, the image of City employees, the general health, welfare and safety of employees, and to the general public at large. Therefore, it is in the best interest of the parties to negotiate over the subject of drug and alcohol testing. 39.2: Using, selling, possessing or being under the influence of drugs or controlled substances is prohibited. "Under the influence" as used in this Article shall be defined as those amounts of drugs, alcohol or controlled substances which are specified speci­fied within this Article and/or for which there are state and/or federal standards. "Drugs or controlled substances" as used in this Article shall be defined as illegal substances, controlled substancessub­stances, substances which may legally be prescribed but which were not prescribed for the particular employee and/or prescribed drugs used by the particular employee in non-conformance non‑conformance with the prescription. Employees are further prohibited from consuming alcohol on duty and/or abusing alcohol off duty to the extent that such use and/or abuse tends to have an effect upon the performance of their job functions. 39.3: The City has the right to randomly drug/alcohol test up to fifty percent (50%) of all bargaining unit employees each calendar year. Additionally, all employees who are assigned/transferred in and out of the VIN unit will be required to submit to drug/alcohol testing. In addition to random testing, the City shall apply the reasonable suspicion standard in ordering testing for drugs, alcohol or controlled substances. 39.4: Testing for drugs or controlled substances shall be done through a blood and/or urine analysis at the City's discretion. Testing for alcohol will be done through a blood analysis or through an intoxilyzer. Blood samples shall be taken to test for alcohol and/or drugs or other substances where it is generally accepted by medical and/or toxicological experts that testing for such substance is insufficiently accurate through urine samples or where testing of the substance through blood samples provides substantially greater accuracy. Urine sample shall be collected under supervision of the medical laboratory personnel in the following manner: 1. Urine sample collection will be unwitnessed unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided. 2. The urine specimen collected shall be sufficient for two drug tests as determined by the Agency for Health Care Administration. 3. Employees may inspect the container to be utilized for collection of the urine sample and may request a substitute container. 4. Employees may observe the labeling, sealing and packaging for routing of their urine samples by laboratory personnel. 5. A record of the "chain of custody" or urine specimens shall be maintained. 6. Every specimen that produces a positive, confirmed test result shall be preserved by the licensed or certified laboratory that conducted the confirmation test for a period of 210 days after the result of the test was mailed or otherwise delivered to the medical review officer. However, if an employee undertakes an administrative or legal challenge to the test result, the employee shall notify the laboratory and the sample shall be retained until the case or administrative appeal is settled. During the 180-day period after written notification of a positive test result, the employee who has provided the specimen shall be permitted by the City to have a portion of the specimen retested, at the employee's expense, at another laboratory, licensed and approved by the Agency for Health Care Administration, chosen by the employee. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory that performed the test for the City is responsible for the transfer of the portion of the specimen to be retested, and for the integrity of the chain of custody during such transfer. In the event a urine specimen is tested as positive under the drug testing screen, as specified below, a portion of that sample shall be subjected to gas chromatography/mass spectrophotometry (GC/MS) testing. If the GC/MS confirmation test also is positiveposi­tive, the employee may request a portion of the urine sample to be supplied to a qualified laboratory for independent analysis, the cost of which will be paid by the employee. All testing shall be done by a qualified laboratory with expertise in toxicology testing and methodology. All positive test results shall be evaluated by a certified toxicologist. All samples which test positive on a screening test shall be confirmed by gas chromatography/mass spectrophotometry ("GC/MS"). Employees shall be required to document their legal drug and/or substance use, as defined above, within twenty-four twenty‑four (24) hours after the specimen is donated. Test results shall be treated with the same confidentiality confidenti­ality as other medical records (except that they may be released to the employee; the PBA [if applicable]; in any proceedings held regarding any disciplinary action on account of a positive drug test result; and to any governmental agency).

DRUG FREE AND ALCOHOL FREE WORKPLACE POLICY. 39.1: 1. The City Town and the PBA FOP recognize that employee substance and alcohol abuse has an adverse impact on City Town government, the image of City Town employees, the general health, welfare and safety of employees, and to the general public at large. Therefore, it is in the best interest of the parties to negotiate over the subject of drug and alcohol testing. 39.2: 2. Using, selling, possessing or being under the influence of drugs or controlled substances is prohibited. "Under the influence" as used in this Article shall be defined as those amounts of drugs, alcohol or controlled substances in an employee's system at levels which are specified within this Article and/or for which there are state and/or federal standards. "Drugs or controlled substances" as used in this Article shall be defined as illegal substances, controlled substances, substances which may legally be prescribed but which were not prescribed for the particular employee and/or prescribed drugs used by the particular employee in non-conformance with the prescription. Employees are further prohibited from consuming alcohol on duty and/or abusing alcohol off duty to the extent that such use and/or abuse tends to have an effect upon the performance of their job functions. 39.3: 3. The City Town has the right to randomly drug/alcohol test up to fifty percent (50%) of all any bargaining unit employees each calendar year. Additionally, all employees who are assigned/transferred in and out of the VIN unit will be required to submit to drug/alcohol testingemployee. In addition to random testing, the City Town shall apply the reasonable suspicion standard in ordering testing for drugs, alcohol or controlled substances. 39.4: 4. Testing for drugs or controlled substances shall be done through a blood and/or urine urine, analysis at the CityTown's discretion. Testing for alcohol will be done through a blood analysis or through an intoxilyzerintoxalyzer. Blood samples shall be taken only with lawful court order or a legal search warrant and to test for alcohol and/or drugs or other substances where it is generally accepted by medical and/or toxicological experts that testing for such substance is insufficiently accurate through urine samples or where testing of the substance through blood samples provides substantially greater accuracy. Urine sample samples shall be collected under the supervision of the medical laboratory personnel in the following manner: 1. a. Urine sample collection will be unwitnessed unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided. 2. The urine specimen collected shall be sufficient for two drug tests as determined by the Agency for Health Care Administration. 3. b. Employees may inspect the container to be utilized for collection of the urine sample and may request a substitute container. 4. c. Employees may observe the labeling, sealing and packaging for routing of their urine samples by laboratory personnel. 5. d. A record of the "chain of custody" or urine specimens shall be maintained. 6. Every specimen that produces a positive, confirmed test result shall be preserved by the licensed or certified laboratory that conducted the confirmation test for a period of 210 days after the result of the test was mailed or otherwise delivered to the medical review officer. However, if an employee undertakes an administrative or legal challenge to the test result, the employee shall notify the laboratory and the sample shall be retained until the case or administrative appeal is settled. During the 180-day period after written notification of a positive test result, the employee who has provided the specimen shall be permitted by the City to have a portion of the specimen retested, at the employee's expense, at another laboratory, licensed and approved by the Agency for Health Care Administration, chosen by the employee. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory that performed the test for the City is responsible for the transfer of the portion of the specimen to be retested, and for the integrity of the chain of custody during such transfer. In the event a urine specimen is tested as positive under the drug testing screen, as specified below, a portion of that sample shall be subjected to gas chromatography/mass spectrophotometry (GC/MS) testing. If the GC/MS confirmation test also is positive, the employee may request a portion of the urine sample to be supplied to a qualified laboratory for independent analysis, the cost of which will be paid by the employee. 5. Drugs, their metabolites, alcohol and other substances for which the Town will screen an employee's urine and/or blood sample include, but are not limited to the following: alcohol, amphetamines, barbiturates, benzodiazepines, cocaine metabolites (benzoylecogonine), marijuana metabolites (delta-9-tetrahydrocannabinol-9-carboxylic acid), methaqualone, opiates, phencyclidine and propoxyphene. All testing shall be done by a qualified laboratory with expertise in toxicology testing and methodology. All positive test results shall be evaluated by a certified toxicologist. All samples which test positive on a screening test shall be confirmed by gas chromatography/mass spectrophotometry ("GC/MS"). Employees shall be required to document their legal drug and/or substance use, as defined above, within twenty-four (24) hours after the specimen is donated. Test results shall be treated with the same confidentiality as other medical records (except that they may be released to the employee; the PBA FOP [if applicable]; in any proceedings held regarding any disciplinary action on account of a positive drug test result; and to any governmental agency). The standards to be used for employee drug testing are as follows: DRUG/METABOLITE TEST SCREENING CONFIRMATION Amphetamines 1000 ng/ml 500 ng/ml Barbiturates 300 ng/ml 150 ng/ml Benzodiazepines 300 ng/ml 150 ng/ml Cocaine 300 ng/ml 150 ng/ml Marijuana 100 ng/ml 15 ng/ml Methaqualone 300 ng/ml 300 ng/ml Opiates 300 ng/ml 300 ng/ml Phencyclidine 25 ng/ml 25 ng/ml Phopoxyphene 300 ng/ml 150 ng/ml An employee will be considered to test positive for alcohol at the level equal to or exceeding 0.04g%. Other drugs and substances may be tested for by the Town in its discretion. In that event, they will be tested at levels according to generally accepted toxicology standards. 6. Non-probationary employees have the right to challenge the Town's adherence to the contractual requirements of drug testing set forth herein in the same manner that the employee may grieve any managerial decision. 7. The Town, in its discretion, may discipline (up to and including termination) an employee for alcohol use/abuse and/or the Town may choose to rehabilitate the employee. It is recognized that the Town must maintain its discretion in making any determination as to whether to discipline and/or attempt to rehabilitate an individual who tests positive for alcohol, or otherwise violates this policy on a case-by-case basis. Prohibited drug use/abuse will be dealt with by immediate termination. If the FOP believes the Town has acted arbitrarily and capriciously in its determination of whether to recommend rehabilitation of an employee, the FOP may grieve the Town's decision, based upon that standard. In the event the Town chooses to rehabilitate an employee, the Town may place the employee on administrative leave without pay during the period of rehabilitation. An employee who fails to complete the entire rehabilitation program, including follow-up care, may be immediately terminated. Also, in the event the Town elects to rehabilitate an employee for a violation of this Article, the Town is not obligated to offer rehabilitation to an employee a second time, and future "relapses" may be dealt with by immediate termination. 8. It is recognized that technology may, from time to time, improve the type and/or testing methods available for drug and/or alcohol testing. In that event, the Town may change its testing methods or procedures and the FOP may challenge said change through the grievance procedure if it believes the Town acted arbitrarily and capriciously. 9. An employee who refuses and/or tampers with a drug or alcohol test may be subject to disciplinary action up to and including termination.