Common use of Drug Testing Clause in Contracts

Drug Testing. (A) The state and the PBA agree to drug testing of employees in accordance with section 112.0455, F.S., Drug-Free Workplace Act. In accordance with section 944.474, F.S., and Department of Corrections Personnel Procedures, all employees in the Correctional Officer and Correctional Probation Officer series shall be subject to random drug testing. (B) Special risk classes for drug testing purposes within the bargaining unit are denoted by an asterisk in Appendix A. Special risk means employees who are required as a condition of employment to be certified under Chapter 633 or Chapter 943, F.S. (C) An employee shall have the right to grieve a disciplinary action taken under section 112.0455, F.S. or section 944.474, F.S., subject to the limitations on the grievability of disciplinary actions in Article 7. If an employee is not disciplined but is denied a demotion, reassignment, or promotion as a result of a positive confirmed drug test, the employee shall have the right to grieve such action in accordance with Article 6. (D) Searches of employees of the Department of Corrections shall be in accordance with provisions of the Rules of the Department of Corrections, Chapter 33-4, F.A.C. (E) If an employee’s personal property suffers damage or destruction in the course of a drug search on Department of Corrections’ property, the employee may submit a claim for reimbursement under the provisions of Article 19. (F) The Department of Corrections and the PBA agree that an employee who commits a violent act(s) or violent behavior, not within the performance of the employee’s duties, while on or off duty, may be required to submit to a reasonable suspicion test for the illegal use of controlled substances, steroids, or alcohol.