Employees Tested Clause Samples
The "Employees Tested" clause establishes requirements for testing employees, typically for compliance with health, safety, or security standards. In practice, this clause may mandate that employees undergo drug screening, background checks, or other assessments either before hiring or periodically during employment. Its core function is to ensure that all personnel meet specific criteria, thereby reducing risks to the organization and maintaining a safe and compliant workplace.
Employees Tested. All employees of the Trenton Police Department are subject to on-duty drug and or alcohol testing by urine sample conducted under any of the following conditions:
1. Reasonable suspicion of drug and/or alcohol use: Whenever the Chief of Police or other qualified supervisor has reasonable suspicion to believe that an employee is under the influence of alcohol or a controlled substance, the Chief or supervisor may require such employee to submit a urine for alcohol and/or controlled substances testing. Reasonable suspicion must be based on specific, contemporaneous, articulated observations concerning the appearance, behavior, speech or body odors of the employee.
2. Random testing: Each year, fifty percent (50%) of the City Police Department's employees shall be subject to random alcohol and controlled substance testing. The selection of employees for random testing shall be made by a scientifically valid method provided by the City's drug-testing facility. Under the selection process used, each employee shall have an equal chance of being tested each time selections are made.
Employees Tested. A. Drug/alcohol testing may be conducted on employees post-incident or upon reasonable suspicion. (Random testing may take place when the inclusion of these bargaining unit members would make sixty percent (60%) or more of the City employees subject to random testing.) Reasonable suspicion that an employee used or is using a controlled substance or alcohol in an unlawful or abusive manner may be based upon, but not limited to:
1. Observable phenomena, such as direct observation of drug or alcohol use or possession and/or the physical symptoms of being under the influence of a drug or alcohol;
2. A pattern of abnormal conduct or erratic behavior.
3. Arrest or conviction for a drug or alcohol-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug or alcohol possession, use, or trafficking;
4. Information provided either by reliable and credible sources and independently corroborated;
5. Evidence that an employee had tampered with a previous drug test, and
6. Facts or circumstances developed in the course of an authorized investigation of an accident or unsafe working practice.
B. A bargaining unit employee may voluntary, even if not ordered to do so, undergo a drug and/or alcohol screening test if the employee is involved in an on duty incident or accident involving bodily injury, extensive property damage or death. Testing done under these circumstances will be treated in the same manner as if the employee had been ordered to undergo screening.
Employees Tested. Drug/alcohol testing may be conducted on employees at random, post-incident or reasonable suspicion. For random testing, the City shall contract with a laboratory meeting the requirements of Section 17.2. Random tests will be conducted no more than four times per calendar year. A bargaining unit employee may of his own volition, even if not ordered to do so, undergo a drug and/or alcohol screening test if he is involved in an on-duty incident or accident involving bodily injury, extensive property damage or death. Testing done under these circumstances will be treated in the same manner as if the employee had been ordered to undergo screening.
Employees Tested. All Employees of the Trenton Police Department are subject to on-duty drug and or alcohol testing by urine sample conducted under any of the following conditions:
1. Reasonable suspicion of drug and/or alcohol use: Whenever the Chief of Police or other qualified supervisor has reasonable suspicion to believe that an Employee is under the influence of alcohol or a controlled substance, the Chief or supervisor may require such Employee to submit a urine for alcohol and/or controlled substances testing. Reasonable suspicion must be based on specific, contemporaneous, articulated observations concerning the appearance, behavior, speech or body odors of the Employee.
Employees Tested. All employees may be subjected to drug and or alcohol testing conducted under any of the following conditions:
1. Reasonable suspicion of drug and/or alcohol use: Whenever the Chief of Police or other qualified supervisor has reasonable suspicion to believe that an employee is under the influence of alcohol or a controlled substance, the Chief or supervisor may require such employee to submit urine or other sample for alcohol and/or controlled substances testing. Reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee.
2. Random testing: Each year, fifty percent (50%) of the employees shall be subject to random alcohol and controlled substance testing. The selection of employees for random testing shall be made by a scientifically valid method provided by the City’s drug-testing facility. Under the selection process used, each employee shall have an equal chance of being tested each time selections are made.
3. Post-accident testing: As soon as practicable following an accident involving a City vehicle, the City shall test each involved employee for alcohol and controlled substances. Any employee who is subject to post-accident testing shall make himself/herself readily available for such testing or shall be deemed to have refused to submit to testing. If the test is not administered within eight (8) hours following the accident, the test shall not be administered and a written statement explaining why the test was not administered shall be submitted to the Police Chief.
4. Return to duty testing: The City shall ensure that, before an employee returns to duty after engaging in prohibited alcohol and/or controlled substance conduct, the employee undergoes a return to duty alcohol test with a result indicating an alcohol concentration of less than two-hundredths (0.02) and a verified negative result for controlled substance abuse.
5. Follow-up drug and or alcohol testing: Any employee who tests positive for the use of alcohol or controlled substances while on duty may be evaluated by a substance abuse professional. If, following an evaluation, the City directs the employee to undergo substance abuse counseling, such employee shall be subject to unannounced follow-up alcohol and/or controlled substances testing consisting of at least six (6) tests in the first twelve (12) months after the employee’s return to duty. Any employee may, of his/her own volit...