Common use of Drug Screening Clause in Contracts

Drug Screening. The City and the Union will make a good faith effort to maintain a drug free workplace by complying with the requirements of the Federal Drug Free Workplace Act of 1988, enhancing the health and safety of employees and the public, thereby providing more cost efficient delivery of municipal services. A. Drug and/or alcohol screening or testing shall be conducted upon reasonable suspicion. Reasonable suspicion means a conclusion based on personal observation of specific objective instances of employee conduct, that an employee is exhibiting aberrant or unusual on duty behavior which is the type of behavior which is recognized and accepted as a symptom of intoxication or impairment caused by controlled substances or alcohol and is not reasonably explained as a result of other causes such as fatigue, side effects to prescription or over-the-counter medication, reaction to fumes, smoke or other job related causes or factors. Such behavior may include, but is not limited to, a substantial drop in the employee’s performance level, impaired judgment or reasoning, decreased level of attention or sensory abilities, or other behavioral changes. B. This testing shall be conducted solely for administrative purposes and the results obtained shall not be used in any criminal proceeding. The following procedures shall not preclude the employer from other administrative action. C. Drug and/or alcohol testing may also be ordered when an employee is involved in an on duty motor vehicle accident which results in bodily injuries to any vehicle occupants or to the employee, has caused damage to City property in excess of $1,000.00, or when the employee has discharged a weapon while on duty. A drug test may also be ordered when an employee returns from an injury or illness after 30 consecutive calendar days of absence. D. The City may subject a bargaining unit member to random drug and alcohol screening no more than twice in any calendar year; however, the total number of members subjected to random testing in a calendar year shall not exceed 50% of the bargaining unit. All covered employees will be included in a computer-based random selection pool and names of employees selected for testing shall be returned to the random pool after testing to ensure that each employee’s chances of being selected are the same. The City shall notify the Union prior to initiating any random selection. A Union representative may be present when any random selection is initiated in order to oversee the process. E. All drug screening tests shall be conducted by medical laboratories licensed by the state of Ohio and accredited by the College of American Pathologists or other mutually agreed upon entity. The procedures utilized by the testing lab shall correspond to accepted medical practice. Any positive drug screening result shall be confirmed by a mass spectrophotometry procedure (GS-MS), or any approved subsequent state-of-the-art confirmatory test. F. Blood alcohol screening tests shall be conducted by a properly certified medical laboratory. Breath alcohol tests shall be conducted upon a properly calibrated breath alcohol analysis machine by a certified law enforcement officer or certified medical laboratory pursuant to applicable Ohio statutes and regulations. Either method of testing shall be ordered by the Chief or his designee depending on the surrounding circumstances and consistent with the terms of this Agreement. G. The foregoing drugs test positive at the following thresholds: Amphetamines 1,000 ng/ml Amphetamine 500 ng/ml GC-MS Marijuana Megabolites 50 ng/xx Xxxxx-THC 15 ng/ml GC-MS Cocaine Metabolites 300 ng/ml Metabolites 150 ng/ml GC-MS Opiates Morphine 2,000 ng/ml 2,000 ng/ml GC-MS PCP 25 ng/ml PCP 25 ng/ml GC-MS H. Drug screening tests shall be given to employees to detect the illegal use of the above controlled substances. 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 by the College of American Pathologists or other mutually agreed upon entity. The employee may have a second confirmatory test of the split sample done at a lab of his/her choosing, at his/her expense. This test shall be given the same evidentiary weight as the previous test, provided a neutral chain of custody remains unbroken. 1. If all of the drug screening and confirmatory tests are positive, the City may discipline the employee consistent with just cause. 2. Prior to any drug and/or alcohol screening which is mandated, an employee may elect to participate in a rehabilitation or detoxification program, as determined by appropriate medical personnel. The cost of the program will be covered according to the provisions of the employee’s health insurance plan. 3. 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. 4. Upon completion of the program and a 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 random retesting upon return to his/her position for a period of one (1) year from the date of his/her return. 5. Any employee in the above-mentioned rehabilitation program will not lose any seniority or health benefits should it be necessary that he/she be required to take a medical leave of absence without pay for a period not to exceed ninety (90) days. 6. If an employee refuses to undergo rehabilitation or detoxification pursuant to a lawful order, or if an employee fails to complete a program of rehabilitation, or if an employee should test positive at any time within one (1) year after his/her return to work upon completion of the rehabilitation program, the employee shall be subject to disciplinary action up to and including termination. 7. Except as otherwise provided herein, the cost of all drug and alcohol screening shall be borne by the City. I. For the purpose 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 and/or alcohol 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 and/or alcohol screening test. Such medical releases shall be provided by the employer. Failure to execute said release shall result in a disciplinary hearing.

Drug Screening. The City and the Union will make a good faith effort to maintain a drug free workplace by complying with the requirements of the Federal Drug Free Workplace Act of 1988, enhancing the health and safety of employees and the public, thereby providing more cost efficient delivery of municipal services. A. Drug and/or alcohol screening or testing shall be conducted upon reasonable suspicion. Reasonable suspicion means a conclusion based on personal observation of specific objective instances of employee conduct, that an employee is exhibiting aberrant or unusual on duty behavior which is the type of behavior which is recognized and accepted as a symptom of intoxication or impairment caused by controlled substances or alcohol and is not reasonably reasonable explained as a result of other causes such as fatigue, side effects to prescription or over-the-counter medication, reaction to fumes, smoke or other job related causes or factors. Such behavior may include, but is not limited to, a substantial drop in the employee’s performance level, impaired judgment or reasoning, decreased level of attention or sensory abilities, or other behavioral changes. B. This testing shall be conducted solely for administrative purposes and the results obtained shall not be used in any criminal proceeding. The following procedures shall not preclude the employer from other administrative action. C. Drug and/or alcohol testing may also be ordered when an employee is involved in an on duty motor vehicle accident which results in bodily injuries to any vehicle occupants or to the employee, has caused damage to City property in excess of $1,000.00, or when the employee has discharged a weapon while on duty. A drug test may also be ordered when an employee returns from an injury or illness after 30 consecutive calendar days of absence. D. The City may subject a bargaining unit member to random drug and alcohol screening no more than twice in any calendar year; however, the total number of members subjected to random testing in a calendar year shall not exceed 50% of the bargaining unit. All covered employees will be included in a computer-based random selection pool and names of employees selected for testing shall be returned to the random pool after testing to ensure that each employee’s chances of being selected are the same. The City shall notify the Union prior to initiating any random selection. A Union representative may be present when any random selection is initiated in order to oversee the process. E. All drug screening tests shall be conducted by medical laboratories licensed by the state of Ohio and accredited by the College of American Pathologists or other mutually agreed upon entity. The procedures utilized by the testing lab shall correspond to accepted medical practice. Any positive drug screening result shall be confirmed by a mass spectrophotometry procedure (GS-MS), or any approved subsequent state-of-the-art confirmatory test. F. E. Blood alcohol screening tests shall be conducted by a properly certified medical laboratory. Breath alcohol tests shall be conducted upon a properly calibrated breath alcohol analysis machine by a certified law enforcement officer or certified medical laboratory pursuant to applicable Ohio statutes and regulations. Either method of testing shall be ordered by the Chief or his designee depending on the surrounding circumstances and consistent with the terms of this Agreementbased upon a reasonable suspicion. G. The foregoing drugs test positive at the following thresholds: Amphetamines 1,000 ng/ml Amphetamine 500 ng/ml GC-MS Marijuana Megabolites 50 ng/xx Xxxxx-THC 15 ng/ml GC-MS Cocaine Metabolites 300 ng/ml Metabolites 150 ng/ml GC-MS Opiates Morphine 2,000 ng/ml 2,000 ng/ml GC-MS PCP 25 ng/ml PCP 25 ng/ml GC-MS H. F. Drug screening tests shall be given to employees to detect the illegal use of controlled substances as defined in Chapter 3719 of the above controlled substancesOhio 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 by the College of American Pathologists or other mutually agreed upon entity. The employee may have a second confirmatory test of the split sample done at a lab of his/her choosing, at his/her expense. This test shall be given the same evidentiary weight as the previous test, provided a neutral chain of custody remains unbroken. 1. If all of the drug screening and confirmatory tests are positive, the City may shall discipline the employee consistent with just causeup to and including termination, pursuant to due process. 2. Prior to any drug and/or alcohol screening which is mandated, an employee may elect to participate in a rehabilitation or detoxification program, as determined by appropriate medical personnel. The cost of the program will be covered according to the provisions of the employee’s health insurance plan. 3. 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. 4. Upon completion of the program and a 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 random retesting upon return to his/her position for a period of one (1) year from the date of his/her return. 5. Any employee in the above-mentioned rehabilitation program will not lose any seniority or health benefits should it be necessary that he/she be required to take a medical leave of absence without pay for a period not to exceed ninety (90) days. 6. If an employee refuses to undergo rehabilitation or detoxification pursuant to a lawful order, or if an employee fails to complete a program of rehabilitation, or if an employee should test positive at any time within one (1) year after his/her return to work upon completion of the rehabilitation program, the employee shall be subject to disciplinary action up to and including termination. 7. Except as otherwise provided herein, the cost of all drug and alcohol screening shall be borne by the City. I. For the purpose 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 and/or alcohol 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 and/or alcohol screening test. Such medical releases shall be provided by the employer. Failure to execute said release shall result in a disciplinary hearing.ninety