Common use of Drug Screening Clause in Contracts

Drug Screening. A. Drug screening or testing may be conducted upon reasonable suspicion that an employee has violated county or departmental drug and alcohol policies. Reasonable suspicion means specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee, or an abrupt and observable decline in employee performance. This testing shall be conducted solely for administrative purposes and the results obtained shall not be used in any criminal proceeding. Under no circumstances may the results of the drug screening or testing be released to a third party for the use in criminal prosecution against the affected employee. The following procedures shall not preclude the employer from taking disciplinary action, but such actions shall not be based solely upon the test results. B. All drug screening tests shall be conducted by medical laboratories licensed by the State of Ohio. The procedures utilized by the testing lab shall correspond to accepted medical practice. Any positive result shall be confirmed by a mass spectroscopy procedure or a similarly reliable procedure. All samples taken from the employee shall be split and a second sample maintained for any confirmation of the original results. C. Drug screening tests conducted upon reasonable suspicion shall be given to employees to detect the illegal use of controlled substances as defined in Section 3719.01 of the Ohio Revised Code. The employee may have a second confirmatory test done at a lab of his choosing, at his expense. 1. If all the screening and confirmatory tests are positive, the employee must have notified the employer of any alcohol or drug addiction prior to being tested to avoid termination, the Employer shall require the employee to participate in a rehabilitation or detoxification program, as determined appropriate by qualified medical personnel. The Employer may require the employee to participate in any State of Ohio certified rehabilitation or detoxification program which may not be covered by the employee’s health insurance plan in network. 2. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, or personal days for the period of rehabilitation. If no such leave credit is available, such employee shall be placed on medical leave of absence without pay for the period of rehabilitation leave. Such leave may also be counted as Family Medical Leave by the Employer. 3. Upon completion of the program and retest that demonstrates that the employee is no longer illegally using a controlled substance, the employee shall be returned to his/her position. Such employee may be subject to periodic retesting upon return to his/her position for a period of one (1) year (three hundred sixty-five [365] days) from the date of his/her return. 4. Any employee in the above mentioned rehabilitation program will not lose any seniority should it be necessary that he/she be required to take a medical leave of absence without pay for a period not to exceed twelve

Drug Screening. A. Section 1. Drug screening or testing may shall be conducted upon reasonable suspicion that an employee has violated county or departmental drug and alcohol policies. Reasonable suspicion means specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee, or an abrupt and observable decline in employee performanceon a random basis. This testing shall be conducted solely for administrative purposes and the results obtained shall not be used in any criminal proceeding. Under no circumstances may the results of the drug screening or testing be released to a third party for the use in criminal prosecution against the affected employee. The following procedures shall not preclude the employer Employer from taking disciplinary other administrative action, but such actions shall not be based solely upon the test results. B. Section 2. All drug screening tests shall be conducted by medical laboratories licensed by the State of OhioOhio and accredited by the College of American Pathologists and/or standards of the U.S. Department of Health and Human Services (DHHS). The procedures utilized by the testing lab shall correspond to accepted medical practice. Any positive result shall be confirmed by a mass spectroscopy procedure or a similarly reliable procedure. All samples taken from the employee shall be split and a second sample maintained for any confirmation of the original results. C. Section 3. Drug screening tests conducted upon reasonable suspicion shall be given to employees to detect the illegal use of controlled substances as defined in Section 3719.01 of the Ohio Revised Code. If the screening is positive, the employee shall be ordered to undergo a confirmatory test that shall be administered by a medical laboratory licensed by the State of Ohio and accredited the College of American Pathologists and/or standards of the U.S. Department of Health and Human Services (DHHS. The employee may have a second confirmatory test done at a lab of his choosing, at his expense. This test shall be given the same evidentiary weight as the previous test. 1. A. If all the screening and confirmatory tests are positive, the employee must have notified the employer of any alcohol or drug addiction prior to being tested to avoid termination, the Employer City shall require the employee to participate in a rehabilitation or detoxification program, as determined by appropriate by qualified medical personnel. The Employer may require cost of the employee to participate in any State of Ohio certified rehabilitation or detoxification program which may not will be covered by the employee’s health insurance plan in networkplan. 2. B. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, or personal days for the period of the rehabilitation. If no such leave credit is available, such employee shall be placed on medical leave of absence without pay for the period of the rehabilitation leave. Such leave may also be counted as Family Medical Leave by the Employer. 3. C. Upon completion of the program and retest that demonstrates that the employee is no longer illegally using a controlled substance, the employee shall be returned to his/her his position. Such employee may be subject to periodic retesting upon return to his/her his position for a period of one (1) year (three hundred sixty-five [365] days) from the date of his/her his return. 4. D. Any employee in the above mentioned rehabilitation program will not lose any seniority or non-accrual based benefits should it be necessary that he/she he be required to take a medical leave of absence without pay for a period not to exceed twelveninety (90) days. E. If the employee refuses to undergo rehabilitation or detoxification, or he fails to complete a program of rehabilitation, or if he should test positive at any time within one (1) year after his return to work upon completion of the rehabilitation program, such employee shall be subject to disciplinary action. F. Except as otherwise provided herein, the cost of all drug screening shall be borne by the City. G. For the purpose of this article, “periodic” shall mean not more than one time per year, except that a drug test may be performed at any time upon reasonable suspicion of drug use. An employee may be tested more frequently during the one (1) year period after his return from a rehabilitation program. Section 4. For purposes of implementing the provisions of this article, each bargaining unit member shall execute medical releases in order for the City to obtain the results of the drug screening provided for in this article. The release referred to in this section shall authorize only the release of examination results pertaining to the drug screening test. Such medical releases shall be provided by the Employer.

Drug Screening. A. Section 13.1. Drug screening or testing may be conducted upon reasonable suspicion that an employee has violated county or departmental drug and alcohol policies. Reasonable suspicion means specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee, or an abrupt and or observable decline in employee performance. This testing shall be conducted solely for administrative purposes and the results obtained shall not be used in any criminal proceeding. Under no circumstances may the results of the drug screening screen or testing be released to a third party for the use in criminal prosecution against the affected employee. The following procedures shall not preclude the employer from taking disciplinary action, but such actions shall not be based solely upon the test results. B. Section 13.2. All drug screening tests shall be conducted by medical laboratories licensed by the State of Ohio. The procedures utilized by the testing lab shall correspond to accepted medical practice. Any positive result shall be confirmed by a mass spectroscopy procedure or a similarly reliable procedure. All samples taken from the employee shall be split and a second sample maintained for any confirmation of the original results. C. Section 13.3. Drug screening tests conducted upon reasonable suspicion shall be given to employees to detect the illegal use of controlled substances as defined in Section 3719.01 of the Ohio Revised Code. The employee may have a second confirmatory test done at a lab of his choosing, at his expense. 1. A. If all the screening and confirmatory tests are positive, positive and the employee must have notified the employer of any alcohol or drug addiction prior to being tested to avoid terminationis not terminated, the Employer shall require the employee to participate in a rehabilitation or detoxification program, as determined appropriate by qualified medical personnel. The Employer may shall not require the employee to participate in any State of Ohio certified a rehabilitation or detoxification program which may is not be covered by the employee’s health insurance plan in networkplan. 2. B. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, or personal days for the period of the rehabilitation. If no such leave credit is available, such employee shall be placed on medical leave of absence without pay for the period of the rehabilitation leave. Such leave may also be counted as Family Medical Leave by the Employer. 3. C. Upon completion of the program and retest that demonstrates that the employee is no longer illegally using a controlled substance, the employee shall be returned to his/her his position. Such employee may be subject to periodic retesting upon return to his/her his position for a period of one (1) year (three hundred sixty-five [365] days) from the date of his/her his return. 4. D. Any employee in the above mentioned rehabilitation program will not lose any seniority should it be necessary that he/she he be required to take a medical leave of absence without pay for a period not to exceed twelveninety (90) days. E. If the employee refuses to undergo rehabilitation or detoxification, or he fails to complete a program of rehabilitation, or if he should test positive at any time within one (1) year after his return to work upon completion of the rehabilitation program, such employee shall be subject to disciplinary action including discharge. F. Except as otherwise provided herein, the cost of all drug screening shall be borne by the Employer. Section 13.4. For the purpose of implementing the provisions of this Article, each bargaining unit member shall execute medical releases in order for the Employer to obtain the results of the drug screening provided for in this Article. The release referred to in this Section shall authorize only the release of examination results pertaining to the drug screening test. Such medical releases shall be provided by the Employer.

Drug Screening. ‌ A. Drug screening or testing may be conducted upon reasonable suspicion that an employee has violated county or departmental drug and alcohol policies. Reasonable suspicion means specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee, or an abrupt and observable decline in employee performance. This testing shall be conducted solely for administrative purposes and the results obtained shall not be used in any criminal proceeding. Under no circumstances may the results of the drug screening or testing be released to a third party for the use in criminal prosecution against the affected employee. The following procedures shall not preclude the employer from taking disciplinary action, but such actions shall not be based solely upon the test results. B. All drug screening tests shall be conducted by medical laboratories licensed by the State of Ohio. The procedures utilized by the testing lab shall correspond to accepted medical practice. Any positive result shall be confirmed by a mass spectroscopy procedure or a similarly reliable procedure. All samples taken from the employee shall be split and a second sample maintained for any confirmation of the original results. C. Drug screening tests conducted upon reasonable suspicion shall be given to employees to detect the illegal use of controlled substances as defined in Section 3719.01 of the Ohio Revised Code. The employee may have a second confirmatory test done at a lab of his choosing, at his expense. 1. If all the screening and confirmatory tests are positive, the employee must have notified the employer of any alcohol or drug addiction prior to being tested to avoid termination, the Employer shall require the employee to participate in a rehabilitation or detoxification program, as determined appropriate by qualified medical personnel. The Employer may require the employee to participate in any State of Ohio certified rehabilitation or detoxification program which may not be covered by the employee’s health insurance plan in network. 2. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, or personal days for the period of rehabilitation. If no such leave credit is available, such employee shall be placed on medical leave of absence without pay for the period of rehabilitation leave. Such leave may also be counted as Family Medical Leave by the Employer. 3. Upon completion of the program and retest that demonstrates that the employee is no longer illegally using a controlled substance, the employee shall be returned to his/her position. Such employee may be subject to periodic retesting upon return to his/her position for a period of one (1) year (three hundred sixty-five [365] days) from the date of his/her return. 4. Any employee in the above mentioned rehabilitation program will not lose any seniority should it be necessary that he/she be required to take a medical leave of absence without pay for a period not to exceed twelve