Common use of EMPLOYEE DRUG TESTING Clause in Contracts

EMPLOYEE DRUG TESTING. Sworn employees will be required to take drug tests as 1069 a) All sworn employees shall be required to submit to a drug test prior to 1070 January 1, 1993, provided they are notified of such test at least 30 days in 1071 advance. Employees receiving inpatient treatment for a dependency problem 1072 at the time of the mass testing shall not be tested. 1073 b) A non-union supervisor may order an employee to take a drug test upon 1074 documented reasonable suspicion that the employee is or has been using 1075 drugs. A summary of the facts supporting the order shall be made available 1076 to the employee prior to the actual test. 1077 c) A drug test will be administered as part of all promotional procedures. Any 1078 member who refuses to submit to this form of testing for judgment, fitness, 1079 and readiness for duty, shall be immediately removed from their special 1080 assignments. 1081 d) Any sworn employee of this department who is directly involved in a serious 1082 fire incident shall be required by a non-union supervisor to participate in a 1083 drug screening test immediately following the event, or as soon as the 1084 tactical situation allows. A serious incident is defined as a fire vehicle 1085 accident in which serious injury is sustained by any involved employee or 1086 citizen requiring immediate medical attention by hospital personnel. If it is 1087 clearly evident that the employee is not at fault in the accident, no drug test 1088 will be required. A directly involved employee is one who is the driver of the 1089 fire vehicle. 1090 e) Any employee who in the carrying on of their duties, ingests, either directly 1091 or indirectly, any drug or narcotic substance, is required to document, as 1092 soon as possible thereafter such contact. Documentation should occur in 1093 writing explaining all circumstances, and the employee’s supervisor should 1094 be notified as soon as possible. Drug tests will be administered and no 1095 disciplinary action will be taken if the tests are positive and the employee can 1096 prove that ingestion was involuntary. 1097 f) Beginning in 1993, the department shall randomly test members of the 1098 bargaining unit. Such test shall occur once per year per shift with no 1099 announcement of time or date. The method for random selection shall be 1100 such that each member of the bargaining unit has an equal chance of being 1101 selected. No one shall be tested randomly more than twice every 5 years. 1102 Every employee in the department shall be tested at least once every 5 1103 years. This shall not apply to causes for testing provided elsewhere in this 1104 article.

EMPLOYEE DRUG TESTING. Sworn employees Employees will be required to take drug tests asas a condition of continued employment in order to ascertain prohibited drug use as provided below: 1069 a) All sworn employees shall be required to submit to a drug test prior to 1070 January 1, 1993, provided they are notified of such test at least 30 days in 1071 advance. Employees receiving inpatient treatment for a dependency problem 1072 at the time of the mass testing shall not be tested. 1073 b) A non-union supervisor may order an employee to take a drug test upon 1074 documented reasonable suspicion that the employee is or has been using 1075 drugs. A written summary of the facts supporting the order shall be made available 1076 to the employee prior to the actual test. 1077 c) 2. A drug test will may be administered as part of all promotional procedures. 3. Employees, as a condition of their employment, shall not submit to random drug testing more than one time in a calendar year. 4. Any 1078 member who refuses to submit to this form of testing for judgment, fitness, 1079 and readiness for duty, shall be immediately removed from their special 1080 assignments. 1081 d) Any sworn employee of this department who is directly involved in a serious 1082 fire incident shall defined by the following cases: a. Discharge of a firearm at a human being or a vehicle in which human beings are contained. b. Auto accident involving an employee's vehicle in which a personal injury occurs and which requires a report as defined by Wisconsin State Statute 346.70. May be required by a non-union the supervisor to participate in a 1083 drug screening test immediately following the event, or as soon as the 1084 tactical situation allows. A serious incident is defined as a fire vehicle 1085 accident in which serious injury is sustained by any involved employee or 1086 citizen requiring immediate medical attention by hospital personnel. If it is 1087 clearly evident that the employee is not at fault in the accident, no drug test 1088 will be required. A directly involved employee is one the employee who actually discharges the weapon in case #a, and is the driver of the 1089 fire vehicle.police vehicle in case #b. 1090 e) 5. Any employee employee, who in the carrying on of their his/her duties, ingests, either directly 1091 or indirectly, any drug or narcotic substance, is required to document, as 1092 soon as possible thereafter thereafter, such contact. Documentation should occur in 1093 writing explaining all circumstances, and the employee’s 's supervisor should 1094 be notified as soon as possible. Drug tests will be administered and no 1095 disciplinary action will be taken if the tests are positive under the following conditions: a. The employee was in physical danger if he did not ingest the drug or narcotic substance. Nothing in this policy shall be construed as granting permission for employees and/or narcotics agents to ingest any illegal drug, marijuana, narcotic substance, or controlled substance under any circumstances except as cited herein. 6. On a yearly basis, random drug testing may be conducted on up to five (5) employees of the police department: a. The random pool will include all department personnel. b. The random selection of the names of five (5) employees will be observed by the selected designee of the Union and the Chief of Police or his/her designee. 7. Any employee can 1096 prove that ingestion was involuntaryrequired to comply with this procedure on off-duty time shall be entitled to overtime pursuant to the applicable collective bargaining agreement. 1097 f) Beginning in 1993, the department shall randomly test members of the 1098 bargaining unit. Such test shall occur once per year per shift with no 1099 announcement of time or dateDrug Testing Procedures 1. The method for random selection testing procedures and safeguards provided in this policy to ensure the integrity of department drug testing shall be 1100 such that adhered to by all personnel administering drug tests. 2. Personnel authorized to administer drug tests shall require positive identification from each member of the bargaining unit has an equal chance of being 1101 selected. No one shall employee to be tested randomly more than twice every 5 years. 1102 Every employee in before they enter the department shall be tested at least once every 5 1103 yearstesting area. This shall consist of a picture ID or driver's license. 3. A pre-test interview shall be conducted by testing personnel with each employee in order to ascertain and document the recent use of any prescription or non-prescription drugs, or any indirect exposure to drugs that may result in a false positive test result. 4. The bathroom facility of the testing area shall be private and secure. 5. Where the employee appears unable or unwilling to give a specimen at the time of the test, testing personnel shall document the circumstances on the drug test report form. The employee shall be permitted no more than eight hours to give a sample, during which time he shall remain in the testing area. Reasonable amounts of water may be given to the employee to encourage urination. Failure to submit a sample shall be considered a refusal to submit to a drug test, unless the employee agrees to a blood test in lieu of a urine test. Documented medical inability to submit a sample shall not apply be considered a refusal. 6. The employee shall have the right to causes request that his/her urine sample be split and stored in case of legal disputes. The urine samples must be provided at the same time, and marked and placed in identical specimen containers by authorized testing personnel. One sample shall be submitted for immediate drug testing. The other sample shall remain at the facility in frozen storage for one year. This sample shall be made available to the employee or his/her attorney should the original sample result in a legal dispute or the chain of custody be broken. The employee may request a second test of the master sample be performed at a NIDA certified laboratory of his/her choice and the parties mutually agree to maintain the chain of custody. Specimen samples shall be sealed in the presence of the participants, labeled, and checked against the identity of the employee to ensure the results match the tested specimen. All collections are handled forensically, which means they are labeled, double- sealed, double-checked for accuracy and completeness, stored in a secure, locked refrigerator until testing, and accompanied by a forensic chain-of-custody. Whenever there is a reason to believe that the employee may have altered or substituted the specimen to be provided, a second specimen shall be obtained immediately under direct observation of the testing provided elsewhere in this 1104 articlepersonnel.

EMPLOYEE DRUG TESTING. Sworn employees will be required to take drug tests as 1069 1074 a) All sworn employees shall be required to submit to a drug test prior to 1070 1075 January 1, 1993, provided they are notified of such test at least 30 days in 1071 1076 advance. Employees receiving inpatient treatment for a dependency problem 1072 1077 at the time of the mass testing shall not be tested. 1073 1078 b) A non-union supervisor may order an employee to take a drug test upon 1074 1079 documented reasonable suspicion that the employee is or has been using 1075 1080 drugs. A summary of the facts supporting the order shall be made available 1076 1081 to the employee prior to the actual test. 1077 1082 c) A drug test will be administered as part of all promotional procedures. Any 1078 1083 member who refuses to submit to this form of testing for judgment, fitness, 1079 1084 and readiness for duty, shall be immediately removed from their special 1080 1085 assignments. 1081 1086 d) Any sworn employee of this department who is directly involved in a serious 1082 1087 fire incident shall be required by a non-union supervisor to participate in a 1083 1088 drug screening test immediately following the event, or as soon as the 1084 1089 tactical situation allows. A serious incident is defined as a fire vehicle 1085 1090 accident in which serious injury is sustained by any involved employee or 1086 1091 citizen requiring immediate medical attention by hospital personnel. If it is 1087 1092 clearly evident that the employee is not at fault in the accident, no drug test 1088 1093 will be required. A directly involved employee is one who is the driver of the 1089 1094 fire vehicle. 1090 1095 e) Any employee who in the carrying on of their duties, ingests, either directly 1091 1096 or indirectly, any drug or narcotic substance, is required to document, as 1092 1097 soon as possible thereafter such contact. Documentation should occur in 1093 1098 writing explaining all circumstances, and the employee’s supervisor should 1094 1099 be notified as soon as possible. Drug tests will be administered and no 1095 1100 disciplinary action will be taken if the tests are positive and the employee can 1096 1101 prove that ingestion was involuntary. 1097 . 1102 f) Beginning in 1993, the department shall randomly test members of the 1098 1103 bargaining unit. Such test shall occur once per year per shift with no 1099 1104 announcement of time or date. The method for random selection shall be 1100 1105 such that each member of the bargaining unit has an equal chance of being 1101 1106 selected. No one shall be tested randomly more than twice every 5 years. 1102 1107 Every employee in the department shall be tested at least once every 5 1103 1108 years. This shall not apply to causes for testing provided elsewhere in this 1104 1109 article.