Common use of EMPLOYEE DRUG AND ALCOHOL TESTING Clause in Contracts

EMPLOYEE DRUG AND ALCOHOL TESTING. 27.1 The right to develop and implement alcohol and drug testing programs. PURPOSE: To protect the personal safety of employees, State property and the general public. Employees shall not be permitted to perform their duties or enter upon the premises of the Employer while under the influence of alcohol, the illegal use of drugs, and/or controlled substances. It is not the intent of the Employer to take disciplinary action as a direct consequence of receiving a confirmed positive result. However, nothing prohibits the employee from being subject to disciplinary action for inappropriate or illegal acts performed while under the influence of the illegal use of a controlled substance while on duty. The Employer may take disciplinary action only for just cause, with consideration to mitigating information, as a result of the employee’s inability to perform required duties. The employee retains his/her grievance rights provided for in the NAPE/AFSCME Labor Agreement. APPLICABILITY: All employees, however, employees with commercial driver’s licenses will be subject to testing as specified by the Federal Department of Transportation. Testing to be conducted by the Employer or contracted licensed vendor hired by the Employer. The following situations/conditions may require tests to be conducted of employees. For employees, failure or refusal to submit to such tests may result in disciplinary action: 1. Pre-employment 2. Work accident 3. Critical incident 4. Commercial Drivers (CD) 5. Return to duty 6. Reasonable Suspicion 7. There shall be no random testing A. Rights and Privacy: The rights and privacy of employees shall be safeguarded to the maximum extent possible. All records and/or results generated in compliance with this procedure will be confidential. Under no circumstances shall the employee be required to provide their social security numbers or home address to the drug collection site. All information and reports concerning such incidents are to be maintained in the strictest of confidence ensuring that the alleged substance abuse is not discussed at or outside the workplace. Any breach of confidentiality is subject to severe disciplinary actions.

EMPLOYEE DRUG AND ALCOHOL TESTING. ‌ 27.1 The right to develop and implement alcohol and drug testing programs. PURPOSE: To protect the personal safety of employees, State property and the general public. Employees shall not be permitted to perform their duties or enter upon the premises of the Employer while under the influence of alcohol, the illegal use of drugs, and/or controlled substances. It is not the intent of the Employer to take disciplinary action as a direct consequence of receiving a confirmed positive result. However, nothing prohibits the employee from being subject to disciplinary action for inappropriate or illegal acts performed while under the influence of the illegal use of a controlled substance while on duty. The Employer may take disciplinary action only for just cause, with consideration to mitigating information, as a result of the employee’s inability to perform required duties. The employee retains his/her grievance rights provided for in the NAPE/AFSCME Labor Agreement. APPLICABILITY: All employees, however, employees with commercial driver’s licenses will be subject to testing as specified by the Federal Department of Transportation. Testing to be conducted by the Employer or contracted licensed vendor hired by the Employer. The following situations/conditions may require tests to be conducted of employees. For employees, failure or refusal to submit to such tests may result in disciplinary action: 1. Pre-employment 2. Work accident 3. Critical incident 4. Commercial Drivers (CD) 5. Return to duty 6. Reasonable Suspicion 7. There shall be no random testing A. Rights and Privacy: The rights and privacy of employees shall be safeguarded to the maximum extent possible. All records and/or results generated in compliance with this procedure will be confidential. Under no circumstances shall the employee be required to provide their social security numbers or home address to the drug collection site. All information and reports concerning such incidents are to be maintained in the strictest of confidence ensuring that the alleged substance abuse is not discussed at or outside the workplace. Any breach of confidentiality is subject to severe disciplinary actions.