Common use of DRUG TESTING AND FITNESS FOR DUTY Clause in Contracts

DRUG TESTING AND FITNESS FOR DUTY. 12.1 It is the policy of the University that its employees shall not use illegal drugs or abuse alcohol or otherwise lawful drugs. The possession, use or sale of illegal drugs or drugs obtained illegally is forbidden to all employees, regardless of whether such use, possession or sale occurs on or off duty and may serve as grounds for discipline up to and including dismissal. The use or possession of alcoholic beverages (including break and meal periods) while on duty is expressly prohibited. 12.2 Any employee covered by this Agreement shall be subject to a blood, urine, hair or intoxilizer test accomplished by certified and qualified operators if there is reasonable suspicion on the part of the employee's immediate supervisor and the Police Chief or designee, that the employee is under the influence of alcohol, drugs or controlled substances while on duty or is otherwise in violation of Article 12.1 any specimen collected will be tested by a certified and accredited laboratory. For purposes of determining reasonable suspicion, the Department will use the standards described under Section 112.0455, Fla. Stat. 12.3 When an employee tests positive (e.g., a drug or drugs is detected), a second test will be run on the sample originally taken. The standards for determining whether a test is positive will be as provided under Chapter 59A-24, Florida Administrative Code, or any successor thereto. If the second test does not detect the presence of a drug or drugs, the second test shall prevail. 12.4 Testing will be done at the University’s expense. Prior to testing, the employee shall be afforded the opportunity to disclose any medications or substances that may impact the test results. If the test results establish with reasonable scientific certainty that an employee is present at work with the presence of alcohol or drugs in his or her system, the employee may be disciplined or dismissed. 12.5 The failure or refusal of an employee to submit to a blood, urine hair, or intoxilizer test when ordered to take such test shall result in dismissal. 12.6 In the event that an employee informs the University of his or her abuse of alcohol/drugs prior to reporting for duty and prior to testing, disciplinary action may be taken, up to and including dismissal. The University may, at its sole discretion, instead allow an employee the option of enrolling in a bona fide rehabilitation/treatment program. Failure to successfully complete the rehabilitation/treatment program, as verified by the Division of Human Resources, shall result in dismissal. Sick leave and/or vacation may be utilized for rehabilitation and treatment. If sick leave and vacation credits have been exhausted, employee may be granted a leave of absence, without pay. Leaves under this Section may be designated as FMLA where permitted or required by law. If a rehabilitation opportunity is afforded, it shall be permitted for a first offense only. 12.7 The parties agree that during the term of this Agreement, the University shall have the right to establish a Drug Free Workplace Program as set forth in the Florida Workers’ Compensation Law, and that the University may update the program to conform to changes in the law and regulations. The University will provide the PBA with a copy of any proposed Drug Free Workplace program at least thirty (30) calendar days before implementation, and upon request, consult with the PBA before the Program’s effective date.

DRUG TESTING AND FITNESS FOR DUTY. 12.1 8.1 It is the policy of the University that its employees shall not use illegal drugs or abuse alcohol or otherwise lawful drugs. The possession, use or sale of illegal drugs or drugs obtained illegally is forbidden to all employees, regardless of whether such use, possession or sale occurs on or off duty and may serve as grounds for discipline up to and including dismissal. The use or possession of alcoholic beverages (including break and meal periods) while on duty is expressly prohibited. 12.2 8.2 Any employee covered by this Agreement shall be subject to a blood, urine, hair or intoxilizer test accomplished by certified and qualified operators if there is reasonable suspicion on the part of the employee's immediate supervisor and the Police Chief or designee, that the employee is under the influence of alcohol, drugs or controlled substances while on duty or is otherwise in violation of Article 12.1 any 12. 1. Any specimen collected will be tested by a certified and accredited laboratory. For purposes of determining reasonable suspicion, the Department will use the standards described under Section 112.0455112.0455(5)(j), Fla. Stat. 12.3 8.3 When an employee tests positive (e.g., a drug or drugs is detected), a second test will be run on the sample originally taken. The standards for determining whether a test is positive will be as provided under Chapter 59A-2459A-24.006, Florida Administrative Code, or any successor thereto. If the second test does not detect the presence of a drug or drugs, the second test shall prevail. 12.4 8.4 Testing will be done at the University’s expense. Prior to testing, the employee shall be afforded the opportunity to disclose any medications or substances to the MRO/testing facility that may impact the test results. If the test results establish with reasonable scientific certainty that an employee is present at work with the presence of alcohol or drugs in his or her system, the employee may be disciplined or dismissed. 12.5 8.5 The failure or refusal of an employee to submit to a blood, urine urine, hair, or intoxilizer test when ordered to take such test shall result in dismissal. 12.6 8.6 In the event that an employee informs the University of his or her abuse of alcohol/drugs prior to reporting for duty and prior to testing, disciplinary action may be taken, up to and including dismissal. The University may, at its sole discretion, instead allow an employee the option of enrolling in a bona fide rehabilitation/rehabilitation/ treatment program. Failure to successfully complete the rehabilitation/treatment program, as verified by the Division Department of Human Resources, shall may result in dismissal. Sick leave and/or vacation may be utilized for rehabilitation and treatment. If sick leave and vacation credits have been exhausted, employee may be granted a leave of absence, without pay. Leaves under this Section may be designated as FMLA where permitted or required by law. If a rehabilitation opportunity is afforded, it shall be permitted for a first offense only. 12.7 8.7 The parties agree that during the term of this Agreement, the University shall have the right to establish a Drug Free Workplace Program as set forth in the Florida Workers’ Compensation Law, and that the University may update the program to conform to changes in the law and regulations. The University will provide the PBA with a copy of any proposed Drug Free Workplace program at least thirty (30) calendar days before implementation, and upon request, consult with the PBA before the Program’s effective date.

DRUG TESTING AND FITNESS FOR DUTY. 12.1 8.1 It is the policy of the University that its employees shall not use illegal drugs or abuse alcohol or otherwise lawful drugs. The possession, use or sale of illegal drugs or drugs obtained illegally is forbidden to all employees, regardless of whether such use, possession or sale occurs on or off duty and may serve as grounds for discipline up to and including dismissal. The use or possession of alcoholic beverages (including break and meal periods) while on duty is expressly prohibited. 12.2 8.2 Any employee covered by this Agreement shall be subject to a blood, urine, hair or intoxilizer test accomplished by certified and qualified operators if there is reasonable suspicion on the part of the employee's immediate supervisor and the Police Chief or designee, that the employee is under the influence of alcohol, drugs or controlled substances while on duty or is otherwise in violation of Article 12.1 any 12. 1. Any specimen collected will be tested by a certified and accredited laboratory. For purposes of determining reasonable suspicion, the Department will use the standards described under Section 112.0455112.0455(5)(j), Fla. Stat. 12.3 8.3 When an employee tests positive (e.g., a drug or drugs is detected), a second test will be run on the sample originally taken. The standards for determining whether a test is positive will be as provided under Chapter 59A-2459A-24.006A, Florida Administrative Code, or any successor thereto. If the second test does not detect the presence of a drug or drugs, the second test shall prevail. 12.4 8.4 Testing will be done at the University’s expense. Prior to testing, the employee shall be afforded the opportunity to disclose any medications or substances to the MRO/testing facility that may impact the test results. If the test results establish with reasonable scientific certainty that an employee is present at work with the presence of alcohol or drugs in his or her system, the employee may be disciplined or dismissed. 12.5 8.5 The failure or refusal of an employee to submit to a blood, urine urine, hair, or intoxilizer test when ordered to take such test shall result in dismissal. 12.6 8.6 In the event that an employee informs the University of his or her abuse of alcohol/drugs prior to reporting for duty and prior to testing, disciplinary action may be taken, up to and including dismissal. The University may, at its sole discretion, instead allow an employee the Approved: Approved: For the FAU Board of Trustees For the PBA option of enrolling in a bona fide rehabilitation/treatment program. Failure to successfully complete the rehabilitation/treatment program, as verified by the Division Department of Human Resources, shall may result in dismissal. Sick leave and/or vacation may be utilized for rehabilitation and treatment. If sick leave and vacation credits have been exhausted, employee may be granted a leave of absence, without pay. Leaves under this Section may be designated as FMLA where permitted or required by law. If a rehabilitation opportunity is afforded, it shall be permitted for a first offense only. 12.7 8.7 The parties agree that during the term of this Agreement, the University shall have the right to establish a Drug Free Workplace Program as set forth in the Florida Workers’ Compensation Law, and that the University may update the program to conform to changes in the law and regulations. The University will provide the PBA with a copy of any proposed Drug Free Workplace program at least thirty (30) calendar days before implementation, and upon request, consult with the PBA before the Program’s effective date.

DRUG TESTING AND FITNESS FOR DUTY. 12.1 12.1. It is the policy of the University that its employees shall not use illegal drugs or abuse alcohol or otherwise lawful drugs. The possession, use or sale of illegal drugs or drugs obtained illegally is forbidden to all employees, regardless of whether such use, possession or sale occurs on or off duty and may serve as grounds for discipline up to and including dismissal. The use or possession of alcoholic beverages while on duty (including break and meal periods) while on duty is expressly prohibited. 12.2 12.2. Any employee covered by this Agreement shall be subject to a blood, urine, hair or intoxilizer test accomplished by certified and qualified operators if there is reasonable suspicion on the part of the employee's immediate supervisor and the Police Chief or designee, that the employee is under the influence of alcohol, drugs or controlled substances while on duty or is otherwise in violation of Article 12.1 any 12. 1. Any specimen collected will be tested by a certified and accredited laboratory. For purposes of determining reasonable suspicion, the Department will use the standards described under Section 112.0455, Fla. StatFlorida Statutes. 12.3 12.3. When an employee tests positive (e.g., a drug or drugs is detected), a second test will be run on the sample originally taken. The standards for determining whether a test is positive will be as provided under Chapter 59A-24, Florida Administrative Code, or any successor thereto. If the second test does not detect the presence of a drug or drugs, the second test shall prevail. 12.4 12.4. Testing will be done at the University’s expense. Prior to testing, the employee shall be afforded the opportunity to disclose any medications or substances that may impact the test results. If the test results establish with reasonable scientific certainty that an employee is present at work with the presence of alcohol or drugs in his or her system, the employee may be disciplined or dismissed. 12.5 12.5. The failure or refusal of an employee to submit to a blood, urine hair, or intoxilizer test when ordered to take such test shall result in dismissal. 12.6 12.6. In the event that an employee informs the University of his or her abuse of alcohol/drugs prior to reporting for duty and prior to testing, disciplinary action may be taken, up to and including dismissal. The ; however, the University may, at its sole discretion, instead allow an employee the option of enrolling in a bona fide rehabilitation/treatment program. Failure to successfully complete the rehabilitation/treatment program within the time frame specified by the rehabilitation/treatment program/healthcare provider and, as verified by the Division University of Florida Human Resources, shall result in dismissal. Sick leave and/or vacation may be utilized for rehabilitation and treatment. If sick leave and vacation credits have been exhausted, employee may be granted a leave of absence, without pay. Leaves under this Section may be designated as FMLA where permitted or required by law. If a rehabilitation opportunity is afforded, it shall be permitted for a first offense only. 12.7 12.7. The parties agree that during the term of this Agreement, the University shall have the right to establish a Drug Free Workplace Program as set forth in the Chapter 440, Florida Workers’ Compensation LawStatutes, and that the University may update the program to conform to changes in the law and regulations. The University will provide the PBA PBA-LT with a copy of any proposed proposed. Drug Free Workplace program at least thirty (30) calendar days before implementation, and upon request, consult with the PBA PBA-LT before the Program’s effective date.

DRUG TESTING AND FITNESS FOR DUTY. 12.1 8.1 It is the policy of the University that its employees shall not use illegal drugs or abuse alcohol or otherwise lawful drugs. The possession, use or sale of illegal drugs or drugs obtained illegally is forbidden to all employees, regardless of whether such use, possession or sale occurs on or off duty and may serve as grounds for discipline up to and including dismissal. The use or possession of alcoholic beverages (including break and meal periods) while on duty is expressly prohibited. 12.2 8.2 Any employee covered by this Agreement shall be subject to a blood, urine, hair or intoxilizer test accomplished by certified and qualified operators in accordance with a random testing policy and/or if there is reasonable suspicion on the part of the employee's immediate supervisor and the Police Chief or designee, that the employee is under the influence of alcohol, drugs or controlled substances while on duty or is otherwise in violation of Article 12.1 any 13.1. Any specimen collected will be tested by a certified and accredited laboratory. For purposes of determining reasonable suspicion, the Department will use the standards described under Section 112.0455112.0455(5)(j), Fla. Stat. 12.3 8.3 When an employee tests positive (e.g., a drug or drugs is detected), a second test will be run on the sample originally taken. The standards for determining whether a test is positive will be as provided under Chapter 59A-2459A-24.006, Florida Administrative Code, or any successor thereto. If the second test does not detect the presence of a drug or drugs, the second test shall prevail. 12.4 8.4 Testing will be done at the University’s expense. Prior to testing, the employee shall be afforded the opportunity to disclose any medications or substances to the MRO/testing facility that may impact the test results. If the test results establish with reasonable scientific certainty that an employee is present at work with the presence of alcohol or drugs in his or her system, the employee may be disciplined or dismissed. 12.5 8.5 The failure or refusal of an employee to submit to a blood, urine urine, hair, or intoxilizer test when ordered to take such test shall result in dismissal. 12.6 8.6 In the event that an employee informs the University of his or her abuse of alcohol/drugs prior to reporting for duty and prior to testing, disciplinary action may be taken, up to and including dismissal. The University may, at its sole discretion, instead allow an employee the option of enrolling in a bona fide rehabilitation/rehabilitation/ treatment program. Failure to successfully complete the rehabilitation/treatment program, as verified by the Division Department of Human Resources, shall may result in dismissal. Sick leave and/or vacation may be utilized for rehabilitation and treatment. If sick leave and vacation credits have been exhausted, employee may be granted a leave of absence, without pay. Leaves under this Section may be designated as FMLA where permitted or required by law. If a rehabilitation opportunity is afforded, it shall be permitted for a first offense only. 12.7 8.7 The parties agree that during the term of this Agreement, the University shall have the right to establish a Drug Free Workplace Program as set forth in the Florida Workers’ Compensation Law, and that the University may update the program to conform to changes in the law and regulations. The University will provide the PBA with a copy of any proposed Drug Free Workplace program at least thirty (30) calendar days before implementation, and upon request, consult with the PBA before the Program’s effective date.