Common use of EMPLOYEE DRUG TESTING Clause in Contracts

EMPLOYEE DRUG TESTING. Sworn officers will be required to take drug tests as a condition of continued employment in order to ascertain prohibited drug use as provided below: (a) All sworn officers shall be required to submit to a drug test prior to January 1, 1991. Officers receiving inpatient treatment for a dependency problem at the time of the mass testing shall not be tested. (b) A supervisor may order an employee to take a drug test upon documented reasonable suspicion that the employee is or has been using drugs. A summary of the facts supporting the order shall be made available to the employee prior to the actual test. (c) A drug test will be administered as part of all promotional procedures. (d) Members of the following units, as a condition of their assignment to the unit, shall be subject to random drug testing no more than 2-times in a calendar year: 1. Emergency Response Unit. 2. Metropolitan Drug Enforcement Unit. 3. Officers assigned drug investigations on a regular basis. Any member, who refuses to submit to this form of testing for judgment, fitness, and readiness for duty, shall be immediately removed from their special assignments. (e) Any sworn officer of this department who is directly involved in a serious police incident shall be required by his/her supervisor to participate in a drug screening test immediately following the event, or as soon as the tactical situation allows. A serious incident is defined as: 1. Discharge of a firearm at a human being or a vehicle in which human beings are contained. 2. Police vehicle auto accident in which serious injury is sustained by any involved officer or citizen requiring immediate medical attention by hospital personnel. If it is clearly evident that the officer is not at fault in the accident, no drug test will be required. A directly involved officer is one who actually discharges the weapon in case #1 or is the driver of the police vehicle in case #2. (f) Any officer, who, in the carrying on of his/her police duties, ingests, either directly or indirectly, any drug or narcotic substance, is required to document, as soon as possible thereafter, such contact. Documentation should occur in writing explaining all circumstances, and the employee’s supervisor should be notified as soon as possible. Drug tests will be administered and no disciplinary action will be taken if the tests are positive under the following conditions. 1. The officer was in physical danger if he/she did not ingest the drug or narcotic substance. 2. Nothing in this policy shall be construed as granting permission for police officers and/or narcotics agents to ingest any illegal drug, marijuana, narcotic substance, or controlled substance under any circumstance except as cited in (f) 1. (g) Beginning in 1992, the department shall randomly test up to 10% of the bargaining unit. Such test shall occur once per year per shift with no announcement of time or date. The method for random selection shall be such that each member of the bargaining unit has an equal chance of being selected.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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