Common use of Fitness for Duty Examination Clause in Contracts

Fitness for Duty Examination. Section 1. Where there is reasonable cause to believe that an individual employee is using, soliciting or is under the influence of drugs or alcohol at work, such employee will be directed to report to a County designated physician or medical clinic for a fitness for duty examination. Section 2. The exam will be performed on County time and at County expense and will involve appropriate testing, including possible urine or blood tests or breathalyzer exam as determined by the appropriate medical personnel. Section 3. An employee may be referred for such fitness for duty screening if at least one (1) supervisor and one manager has reasonable suspicion that the employee is then under the influence of alcohol or a controlled chemical substance and shall be made based only upon specific, objective facts and reasonable inferences drawn from those facts in the light of experience, that the employee is then under the influence of drugs or alcohol so as to endanger fellow employees or otherwise adversely impact on the employee’s ability to perform, the employee’s job duties. Section 4. When a supervisor has reasonable suspicion that an employee is impaired, the supervisor and one manager will complete a form which will be presented to the County Department of Human Resources the same day. If Human Resources determines that there is probable cause, IT shall arrange for a Fitness of Duty Examination and notify the Union prior to testing. Section 5. An employee may also be referred for mandatory urine or breathalyzer tests to determine substance abuse under the following circumstances: (A) As part of a disciplinary probation for employees who have violated the County’s drug and alcohol rules, or (B) For employees returning from leaves of absence if they have given management a reason to suspect possible illegal drug and/or alcohol abuse. Possible reasons to suspect substance abuse include, but are not limited to, documented evidence of deteriorating job performance or documentation of aberrant behavior in instances where these reasons arose in the six (6) month period immediately preceding the leave of absence. If the employee consents, then the County may refer the employee for a blood test. Section 6. An employee shall be entitled to the presence of a Union representative before testing is administered. Section 7. As concerns urine samples for drug testing, subject employees will undergo an initial screen (EMIT) test. For any positive results, a confirmatory test employing the gas chromatography/mass spectrometry (GC/MS) test will be used. The County will ensure that there is a continuous chain of custody of any sample taken from an employee. Specifically, the County shall ensure that each individual who handles the sample shall provide written documentation of test performed (or necessity for handling the sample), the date and time of the testing, and their name, as well as the next individual to whom the sample is delivered. Specimen collection will occur in a medical setting and every precaution shall be taken to ensure that the procedures shall not demean, embarrass, or cause physical discomfort to the employee. Section 8. To the extent permitted by law, the results of any drug and alcohol screening test will be kept strictly confidential. An employee who tests positive for drugs and/or alcohol will have the opportunity to rebut the results. Copies of any such evaluation shall be provided to the County and to the individual tested. Where urine or blood samples have been taken, the samples will be preserved for a reasonable period of time and such employee will have the opportunity to take these samples to a reputable physician or laboratory of their choosing for re-testing. Section 9. Employees who may be drug or alcohol dependent are encouraged to voluntarily seek professional assistance through a reputable treatment program. The County’s Employee’s Assistance Program (EAP) can provide counseling and referral. To the extent permitted by law, all records of an employee seeking medical rehabilitation for drug or alcohol dependency, either through EAP or otherwise, will be kept strictly confidential. Voluntary assistance should be sought before dependence affects job performance so as to endanger fellow employees or otherwise adversely impact the employee’s ability to perform their job duties. Section 10. The EAP program does not supplant or alter the normal discipline and grievance procedure. An employee subjected to disciplinary charges which include substance abuse on the job will be given access to the drug or alcohol screening results, the ability to have privately tested the blood or urine sample at an independent laboratory, and the opportunity to rebut the allegation of substance abuse. Any disciplinary order issued to an employee which includes allegations or substance abuse on the job shall list the basis upon which it was determined that there was reasonable cause to believe that the employee was using drugs or was under the influence of drugs or alcohol at work. Section 11. Any employee found to have positive screens for drugs and/or alcohol must be given medical clearance by a qualified physician acceptable to the County before returning to work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Fitness for Duty Examination. Section 1. Where there is reasonable cause to believe that an individual employee is using, soliciting or is under the influence of drugs or alcohol at work, such employee will be directed to report to a County designated physician or medical clinic for a fitness for duty examination. Section 2. The exam will be performed on County time and at County expense and will involve appropriate testing, including possible urine or blood tests or breathalyzer exam as determined by the appropriate medical personnel. Section 3. An employee may be referred for such fitness for duty screening if at least one (1) supervisor and one manager has reasonable suspicion that the employee is then under the influence of alcohol or a controlled chemical substance and shall be made based only upon specific, objective facts and reasonable inferences drawn from those facts in the light of experience, that the employee is then under the influence of drugs or alcohol so as to endanger fellow employees or otherwise adversely impact on the employee’s ability to perform, the employee’s his or her job duties. Section 4. When a supervisor determines that he/she has reasonable suspicion that an employee is impaired, the supervisor and one manager will complete a form which will be presented to the County Department of Human Resources the same day. If Human Resources determines that there is probable cause, IT shall arrange for a Fitness of Duty Examination and notify the Union prior to testing. Section 5. An employee may also be referred for mandatory urine or breathalyzer tests to determine substance abuse under the following circumstances: (A) A. As part of a disciplinary probation for employees who have violated the County’s drug and alcohol rules, ; or (B) B. For employees returning from leaves of absence if they have given management a reason to suspect possible illegal drug and/or alcohol abuse. Possible reasons to suspect substance abuse include, but are not not-limited to, documented evidence of deteriorating job performance or documentation of aberrant behavior in instances where these reasons arose in the six (6) month period immediately preceding the leave of absence. If the employee consents, then the County Employer may refer the employee him or her for a blood test. Section 6. An employee shall be entitled to the presence of a Union representative before testing is administered. Section 7. As concerns urine samples for drug testing, subject employees will undergo an initial screen (EMIT) test. For any positive results, a confirmatory test employing the gas chromatography/mass spectrometry (GC/MS) test will be used. The County will ensure that there is a continuous chain of custody of any sample taken from an employee. Specifically, the County shall ensure that each individual who handles the sample shall provide written documentation of test performed (or necessity for handling the sample), the date and time of the testing, and their name, as well as the next individual to whom the sample is delivered. Specimen collection will occur in a medical setting and every precaution shall be taken to ensure that the procedures shall not demean, embarrass, or cause physical discomfort to the employee. Section 8. To the extent permitted by law, the results of any drug and alcohol screening test will be kept strictly confidential. An employee who tests positive for drugs and/or alcohol will have the opportunity to rebut the results. Copies of any such evaluation shall be provided to the County and to the individual tested. Where urine or blood samples have been taken, the samples will be preserved for a reasonable period of time and such employee will have the opportunity to take these samples to a reputable physician or laboratory of their his/her choosing for re-testing. Section 9. Employees who may be drug or alcohol dependent are encouraged to voluntarily seek professional assistance through a reputable treatment program. The County’s Employee’s Assistance Program (EAP) can provide counseling and referral. To the extent permitted by law, all records of an employee seeking medical rehabilitation for drug or alcohol dependency, either through EAP or otherwise, will be kept strictly confidential. Voluntary assistance should be sought before dependence affects job performance so as to endanger fellow employees or otherwise adversely impact the employee’s ability to perform their his or her job duties. Section 10. The EAP program does not supplant or alter the normal discipline and grievance procedure. An employee subjected to disciplinary charges which include substance abuse on the job will be given access to the drug or alcohol screening results, the ability to have privately tested the blood or urine sample at an independent laboratory, and the opportunity to rebut the allegation of substance abuse. Any disciplinary order issued to an employee which includes allegations or substance abuse on the job shall list the basis upon which it was determined that there was reasonable cause to believe that the employee was using drugs or was under the influence of drugs or alcohol at work. Section 11. Any employee found to have positive screens for drugs and/or alcohol must be given medical clearance by a qualified physician acceptable to the County before returning to work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fitness for Duty Examination. Section SECTION 1. Where The Employer and the Union agree that the Employer has a responsibility to provide its employees with the safest possible work conditions. Therefore, where there is reasonable cause to believe that an individual employee is using, soliciting soliciting, or is under the influence of drugs or alcohol at work, brought forth by a properly trained supervisor, such employee will be directed to report to a County designated physician or medical clinic for a fitness for duty examination. Section SECTION 2. The exam will be performed on County time and at County expense and will involve appropriate testing, including possible urine or blood tests or breathalyzer exam as determined by the appropriate medical personnel. Section SECTION 3. An employee may be referred for such fitness for duty screening if at least one (1) properly trained supervisor and one manager has a reasonable suspicion that the employee is then under the influence of alcohol or a controlled chemical substance and shall be made based only upon specific, objective facts and reasonable inferences drawn from those facts in the light of experience, that the employee is then under the influence of drugs or alcohol so as to endanger fellow employees or otherwise adversely impact on the employee’s 's ability to perform, the employee’s perform his or her job duties. Section SECTION 4. When a supervisor properly trained supervisor, determines that he/she has reasonable suspicion that an employee is impaired, the supervisor and one manager will complete a form which will be presented to the County Department of Human Resources the same day. If the Department of Human Resources Resources, in consultation with the Director or his/her designee, determines that there is probable cause, IT Human Resources shall arrange for a Fitness of for Duty Examination exam and notify the Union prior to testing. Section SECTION 5. An employee may also be referred for mandatory urine urine, blood or breathalyzer tests to determine substance abuse under the following circumstances: (A) : A. As part of a disciplinary probation for employees who have violated the County’s 's drug and alcohol rules, or (B) ; or B. For employees returning from leaves of absence if they have given management a reason to suspect possible illegal drug and/or alcohol abuse. Possible reasons to suspect substance abuse include, but are not limited to, a history of excessive absenteeism not related to a specific illness, documented evidence of deteriorating job performance or documentation of aberrant behavior in instances where these reasons arose in the six (6) month period immediately preceding the leave of absence. If the employee consents, then the County may refer the employee for a blood test. Section SECTION 6. An employee shall be entitled to the presence of a Union representative Representative before testing is administered. Section SECTION 7. As concerns urine samples for drug testing, subject employees will undergo an initial screen (EMIT) test. For any positive results, a confirmatory test employing the gas chromatography/mass spectrometry (GC/MS) test will be used. The County will ensure that there is a continuous chain of custody of any sample taken from an employee. Specifically, the County shall ensure that each individual who handles the sample shall provide written documentation of test performed (or necessity for handling the sample), the date and time of the testing, and their name, as well as the next individual to whom the sample is delivered. Specimen collection will occur in a medical setting and every precaution shall be taken to ensure that the procedures shall not demean, embarrass, or cause physical discomfort to the employee. Section SECTION 8. To the extent permitted by law, the The results of any drug and alcohol screening test will be kept strictly confidential. An employee who tests positive for drugs and/or alcohol will have the opportunity to review the test results, and, if desired, a reasonable opportunity to rebut the results. Copies of any such evaluation shall be provided to the County and to the individual tested. Where urine or blood samples have been taken, the samples will be preserved for a reasonable period of time and such employee will have the opportunity to take these samples to a reputable physician or laboratory of their his/her choosing for re-testing. An employee who believes a positive result is in error, may request a second test from the split sample. In the event the second test is negative, the cost of the test shall be paid by the County. In the event the second test is positive, the cost shall be paid by the employee. Section SECTION 9. Employees who may be drug or alcohol dependent are encouraged to voluntarily seek professional assistance through a reputable treatment program. The County’s Employee’s 's Employee Assistance Program (EAPE.A.P.) can provide counseling and referral. To the extent permitted by law, all All records of an employee seeking medical rehabilitation for drug or alcohol dependency, either through EAP E.A.P. or otherwise, will be kept strictly confidential. Voluntary assistance should be sought before dependence affects job performance so as to endanger fellow employees or otherwise adversely impact the employee’s 's ability to perform their his or her job duties. There shall be no discipline administered against any employee for voluntarily entering an E.A.P. program. Section 10. The EAP program does not supplant or alter the normal discipline and grievance procedure. An employee subjected to disciplinary charges which include substance abuse on the job will be given access to the drug or alcohol screening results, the ability to have privately tested the blood or urine sample at an independent laboratory, and the opportunity to rebut the allegation of substance abuse. Any disciplinary order issued to an employee which includes allegations or substance abuse on the job shall list the basis upon which it was determined that there was reasonable cause to believe that the employee was using drugs or was under the influence of drugs or alcohol at work. Section 11. Any employee found to have positive screens for drugs and/or alcohol must be given medical clearance by a qualified physician acceptable to the County before returning to work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fitness for Duty Examination. Section SECTION 1. Where The Employer and the Union agree that the Employer has a responsibility to provide its employees with the safest possible work conditions. Therefore, where there is reasonable cause to believe that an individual employee is using, soliciting soliciting, or is under the influence of drugs or alcohol at work, brought forth by a properly trained supervisor, such employee will be directed to report to a County designated physician or medical clinic for a fitness for duty examination. Section SECTION 2. The exam will be performed on County time and at County expense and will involve appropriate testing, including possible urine or blood tests or breathalyzer exam as determined by the appropriate medical personnel. Section SECTION 3. An employee may be referred for such fitness for duty screening if at least one (1) properly trained supervisor and one manager has a reasonable suspicion that the employee is then under the influence of alcohol or a controlled chemical substance and shall be made based only upon specific, objective facts and reasonable inferences drawn from those facts in the light of experience, that the employee is then under the influence of drugs or alcohol so as to endanger fellow employees or otherwise adversely impact on the employee’s 's ability to perform, the employee’s perform his or her job duties. Section SECTION 4. When a supervisor properly trained supervisor, determines that he/she has reasonable suspicion that an employee is impaired, the supervisor and one manager will complete a form which will be presented to the County Department of Human Resources the same day. If the Department of Human Resources Resources, in consultation with the Director or his/her designee, determines that there is probable cause, IT Human Resources shall arrange for a Fitness of for Duty Examination exam and notify the Union prior to testing. Section SECTION 5. An employee may also be referred for mandatory urine urine, blood, or breathalyzer tests to determine substance abuse under the following circumstances: (A) : A. As part of a disciplinary probation for employees who have violated the County’s 's drug and alcohol rules, or (B) ; or B. For employees returning from leaves of absence if they have given management a reason to suspect possible illegal drug and/or alcohol abuse. Possible reasons to suspect substance abuse include, but are not limited to, a history of excessive absenteeism not related to a specific illness, documented evidence of deteriorating job performance or documentation of aberrant behavior in instances where these reasons arose in the six (6) month period immediately preceding the leave of absence. If the employee consents, then the County may refer the employee for a blood test. Section SECTION 6. An employee shall be entitled to the presence of a Union representative Representative before testing is administered. Section SECTION 7. As concerns urine samples for drug testing, subject employees will undergo an initial screen (EMIT) test. For any positive results, a confirmatory test employing the gas chromatography/mass spectrometry (GC/MS) test will be used. The County will ensure that there is a continuous chain of custody of any sample taken from an employee. Specifically, the County shall ensure that each individual who handles the sample shall provide written documentation of test performed (or necessity for handling the sample), the date and time of the testing, and their name, as well as the next individual to whom the sample is delivered. Specimen collection will occur in a medical setting and every precaution shall be taken to ensure that the procedures shall not demean, embarrass, or cause physical discomfort to the employee. Section SECTION 8. To the extent permitted by law, the The results of any drug and alcohol screening test will be kept strictly confidential. An employee who tests positive for drugs and/or alcohol will have the opportunity to review the test results, and, if desired, a reasonable opportunity to rebut the results. Copies of any such evaluation shall be provided to the County and to the individual tested. Where urine or blood samples have been taken, the samples will be preserved for a reasonable period of time and such employee will have the opportunity to take these samples to a reputable physician or laboratory of their his/her choosing for re-testing. An employee who believes a positive result is in error, may request a second test from the split sample. In the event the second test is negative, the cost of the test shall be paid by the County. In the event the second test is positive, the cost shall be paid by the employee. Section SECTION 9. Employees who may be drug or alcohol dependent are encouraged to voluntarily seek professional assistance through a reputable treatment program. The County’s Employee’s 's Employee Assistance Program (EAPE.A.P.) can provide counseling and referral. To the extent permitted by law, all All records of an employee seeking medical rehabilitation for drug or alcohol dependency, either through EAP E.A.P. or otherwise, will be kept strictly confidential. Voluntary assistance should be sought before dependence affects job performance so as to endanger fellow employees or otherwise adversely impact the employee’s 's ability to perform their his or her job duties. There shall be no discipline administered against any employee for voluntarily entering an E.A.P. program. Section 10. The EAP program does not supplant or alter the normal discipline and grievance procedure. An employee subjected to disciplinary charges which include substance abuse on the job will be given access to the drug or alcohol screening results, the ability to have privately tested the blood or urine sample at an independent laboratory, and the opportunity to rebut the allegation of substance abuse. Any disciplinary order issued to an employee which includes allegations or substance abuse on the job shall list the basis upon which it was determined that there was reasonable cause to believe that the employee was using drugs or was under the influence of drugs or alcohol at work. Section 11. Any employee found to have positive screens for drugs and/or alcohol must be given medical clearance by a qualified physician acceptable to the County before returning to work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fitness for Duty Examination. Section SECTION 1. Where there is reasonable cause suspicion to believe that an individual employee is using, soliciting soliciting, or is under the influence of drugs or alcohol at work, such employee will be directed to report to a County designated physician or medical clinic for a fitness for duty examination. Section SECTION 2. The exam will be performed on County Employer time and at County Employer expense and will involve appropriate testing, including possible urine or blood tests or breathalyzer exam as determined by the appropriate medical personnel. Section SECTION 3. An employee may be referred for such fitness for duty screening if at least one (1) supervisor and one manager has a reasonable suspicion that the employee is then under the influence of alcohol or a controlled chemical substance and shall be made based only upon specific, objective facts and reasonable inferences drawn from those facts in the light of experience, that the employee is then under the influence of drugs or alcohol so as to endanger fellow employees employees, the public or otherwise adversely impact on the employee’s 's ability to perform, the employee’s perform his or her job duties. Section SECTION 4. When a supervisor determines that he/she has reasonable suspicion that an employee is impaired, the supervisor and one manager will complete a form which will be presented to the County Department of Human Resources the same day. If Human Resources determines determine that there is probable cause, IT it shall arrange for a Fitness of for Duty Examination Exam and notify the Union prior to testing. Section SECTION 5. An employee may also be referred for mandatory urine urine, blood or breathalyzer tests to determine substance abuse under the following circumstances: (A) : A. As part of a disciplinary probation for employees who have violated the County’s 's drug and alcohol rules, ; or B. An employee involved in a motor vehicle accident while in the course and scope of employment or (B) For employees returning from leaves of absence while operating a County vehicle shall be subject to a test if they have given management a the Employer has reason to suspect possible alcohol or illegal drug and/or alcohol abuse. Possible reasons to suspect substance abuse include, but are not limited to, documented evidence of deteriorating job performance or documentation of aberrant behavior in instances where these reasons arose in the six (6) month period immediately preceding the leave of absence. If the employee consents, then the County may refer the employee for a blood testuse. Section SECTION 6. An employee shall be entitled to the presence of speak to a Union representative before testing is administeredadministered unless none is available. SECTION 7. Where the Employer determines that there is reasonable suspicion, as defined in Section 71, a refusal to be tested shall be treated as a positive test result and a cause for removal. If an employee’s first test is positive for drugs or alcohol, the employee shall be given the opportunity to voluntarily submit to substance abuse treatment. If an employee refuses to submit to treatment, said employee shall be subject to the disciplinary procedure. However, this section shall not absolve an employee from discipline for a work rule infraction. SECTION 8. As concerns urine samples for drug testing, subject employees will undergo an initial screen (EMIT) test. For any positive results, a confirmatory test employing the gas chromatography/mass spectrometry (GC/MS) test will be used. The County Employer will ensure that there is a continuous chain of custody of any sample taken from an employee. Specifically, the County shall ensure that each individual who handles the sample shall provide written documentation of test performed (or necessity for handling the sample), the date and time of the testing, and their name, as well as the next individual to whom the sample is delivered. Specimen collection will occur in a medical setting and every precaution shall be taken to ensure insure that the procedures shall not demean, embarrass, or cause physical discomfort to the employee. Section 8SECTION 9. To the extent permitted by law, the The results of any drug and alcohol screening test will be kept strictly confidential. An employee who tests positive for drugs and/or alcohol will have the opportunity to review the test results and, if desired, a reasonable opportunity to rebut the results. Copies of any such evaluation shall be provided to the County Employer and to the individual tested. Where urine or blood samples have been taken, the samples will be preserved for a reasonable period of time and such employee will have the opportunity to take have these samples sent to a reputable physician or NIDA certified laboratory of their his/her choosing for re-testingretesting. If the retest result is negative,the expense shall be paid by the Employer. Section 9SECTION 10. Employees who may be drug or alcohol dependent are encouraged to voluntarily seek professional assistance through a reputable treatment program. The County’s Employee’s Employer's Employee Assistance Program (EAP) can provide counseling and referral. To the extent permitted by law, all All records of an employee seeking medical rehabilitation for drug or alcohol dependency, either through EAP EAP. or otherwise, will be kept strictly confidential. Voluntary assistance should be sought before dependence dependency affects job performance so as not to endanger fellow employees employees, clients, the public, or otherwise adversely impact the employee’s 's ability to perform their his/her job duties. Section 10SECTION 11. The EAP EAP. program does not supplant or alter the normal discipline and grievance procedure. An employee subjected to disciplinary charges which include substance abuse on the job will be given access to the drug or alcohol screening results, the ability to have privately tested the blood or urine sample at an independent laboratory, and the opportunity to rebut the allegation of substance abuse. Any disciplinary order issued to an employee which includes allegations or substance abuse on the job shall list the basis upon which it was determined that there was reasonable cause to believe that the employee was using drugs or was under the influence of drugs or alcohol at work. Section 11SECTION 12. Any employee found to have positive screens for drugs and/or alcohol must be given medical clearance by a qualified physician acceptable to the County Employer before returning to work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fitness for Duty Examination. Section SECTION 1. Where The County and the Union agree that the County has a responsibility to provide its employees with the safest possible work conditions. Therefore, where there is reasonable cause suspicion to believe that an individual employee is using, soliciting soliciting, or is under the influence of drugs or alcohol at work, such employee will be directed to report to a County designated physician or medical clinic for a fitness for duty examination. Section SECTION 2. The exam will be performed on County time and at County expense and will involve appropriate testing, including possible urine or blood tests or breathalyzer exam as determined by the appropriate medical personnel. Section SECTION 3. An employee may be referred for such fitness for duty screening if at least one (1) supervisor and one manager has a reasonable suspicion that the employee is then under the influence of alcohol or a controlled chemical substance substance, and shall be made based only upon specific, objective facts facts, and reasonable inferences drawn from those facts in the light of experience, that the employee is then under the influence of drugs or alcohol alcohol, so as to endanger fellow employees or otherwise adversely impact on the employee’s 's ability to perform, the employee’s perform his or her job duties. Section SECTION 4. When a supervisor determines that he/she has reasonable suspicion that an employee is impaired, the supervisor and one manager will complete a form which will be presented to the County Department Division of Human Resources Employee Relations the same day. If Human Resources determines the Employee Relations Office, in consultation with the Director or his/her designee, determine that there is probable causereasonable suspicion, IT Employee Relations shall arrange for a Fitness of for Duty Examination exam and notify the Union prior to testing. Section SECTION 5. An employee may also be referred for mandatory urine urine, blood or breathalyzer tests to determine substance abuse under the following circumstances: (A) : A. As part of a disciplinary probation for employees who have violated the County’s 's drug and alcohol rules, or (B) ; or B. For employees returning from leaves of absence if they have given management a reason to suspect possible illegal drug and/or alcohol abuse. Possible reasons to suspect substance abuse include, but are not limited to, documented evidence of deteriorating job performance or documentation of aberrant behavior in instances where these reasons arose in the six (6) month period immediately preceding the leave of absence. If . C. When the employee consents, then the County may refer the employee for has been involved in a blood testmotor vehicle while in work status. Section SECTION 6. An employee shall be entitled to the presence of a Union representative Representative before testing is administeredadministered if one is available without undue delay. Section SECTION 7. As concerns urine samples for drug testing, subject employees will undergo an initial screen (EMIT) test. For any positive results, a confirmatory test employing the gas chromatography/mass spectrometry (GC/MS) test will be used. The County will ensure that there is a continuous chain of custody of any sample taken from an employee. Specifically, the County shall ensure that each individual who handles the sample shall provide written documentation of test performed (or necessity for handling the sample), the date and time of the testing, and their name, as well as the next individual to whom the sample is delivered. Specimen collection will occur in a medical setting and every precaution shall be taken to ensure insure that the procedures shall not demean, embarrass, or cause physical discomfort to the employee. Section SECTION 8. To the extent permitted by law, the The results of any drug and alcohol screening test will be kept strictly confidential, to the extent possible under the Ohio Public Records law. An employee who tests positive for drugs and/or alcohol will have the opportunity to review the test results and, if desired, a reasonable opportunity to rebut the results. Copies of any such evaluation shall be provided to the County and to the individual tested. Where urine or blood samples sample have been taken, the samples will be preserved for a reasonable period of time and such employee will have the opportunity to take these samples to a reputable physician or laboratory of their his/her choosing for re-testing. Section SECTION 9. Employees who may be drug or alcohol dependent are encouraged to voluntarily seek professional assistance through a reputable treatment program. The County’s 's Employee’s 's Assistance Program (EAPE.A.P.) can provide counseling and referral. To the extent permitted by law, all All records of an employee seeking medical rehabilitation for drug or alcohol dependency, either through EAP E.A.P. or otherwise, will be kept strictly confidential. Voluntary assistance should be sought before dependence affects job performance so as to endanger fellow employees employees, or otherwise adversely impact the employee’s 's ability to perform their his or her job duties. Section 10. The EAP program does not supplant or alter the normal discipline and grievance procedure. An employee subjected to disciplinary charges which include substance abuse on the job will be given access to the drug or alcohol screening results, the ability to have privately tested the blood or urine sample at an independent laboratory, and the opportunity to rebut the allegation of substance abuse. Any disciplinary order issued to an employee which includes allegations or substance abuse on the job shall list the basis upon which it was determined that there was reasonable cause to believe that the employee was using drugs or was under the influence of drugs or alcohol at work. Section 11. Any employee found to have positive screens for drugs and/or alcohol must be given medical clearance by a qualified physician acceptable to the County before returning to work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Fitness for Duty Examination. Section SECTION 1. Where The Employer and the Union agree that the Employer has a responsibility to provide its employees with safe working conditions. Therefore, where there is reasonable cause to believe that an individual employee is using, soliciting soliciting, or is under the influence of drugs or alcohol at work, such employee will be directed to report to a County an Employer designated physician or medical clinic for a fitness for duty examinationFitness For Duty Examination. Section SECTION 2. The exam will be performed on County Employer time and at County Employer expense and will involve appropriate testing, including possible urine or blood tests or breathalyzer Breathalyzer exam as determined by the appropriate medical personnel. Section SECTION 3. An employee may be referred for such fitness for duty screening Fitness For Duty Examination if at least one one (1) supervisor and one manager the Maintenance Administrator or his designee has a reasonable suspicion that the employee is then under the influence of alcohol or a controlled chemical substance and shall be made based only upon specific, objective facts and reasonable inferences drawn from those facts in the light of experience, that the employee is then under the influence of drugs or alcohol so as to endanger fellow employees or otherwise adversely impact on the employee’s ability to perform, the employee’s perform his job duties. Section SECTION 4. When a supervisor determines that he has reasonable suspicion that an employee is impaired, the supervisor and one manager will complete a form which will be presented the Maintenance Administrator or his designee shall refer the matter to the Cuyahoga County Department of Human Resources the that same day. If the Department of Human Resources Resources, in consultation with the supervisor or his designee, determines that there is probable causereasonable suspicion, IT that employee shall arrange be sent for a Fitness of For Duty Examination and notify the Union prior to testingExamination. Section SECTION 5. An employee may also be referred for mandatory urine urine, blood or breathalyzer Breathalyzer tests to determine substance abuse under the following circumstances: (A) : A. As part of a disciplinary probation for employees who have violated the CountyEmployer’s drug and alcohol rules, or (B) ; or B. For employees returning from leaves of absence if they have given management a reason to suspect possible illegal drug and/or alcohol abuse. Possible reasons to suspect substance abuse include, but are not limited to, documented evidence of deteriorating job performance or documentation of aberrant behavior in instances where these reasons arose in the six (6) month period immediately preceding the leave of absence. If the employee consents; or C. Possession of alcohol or illegal drugs; an accident while working, then the County may refer the employee for a blood teston work premises, or involving Employer property; physical altercation; excessive or unexcused absenteeism; and excessive or unexcused tardiness. Section SECTION 6. An employee shall be entitled to the presence of a Union representative before testing is administered. Section 7. As it concerns urine samples for drug testing, subject employees will undergo an initial screen (EMIT) test. For any positive results, a confirmatory test employing the gas chromatography/mass spectrometry (GC/MS) test will be used. The County Employer will ensure that there is a continuous chain of custody of any sample taken from an employee. Specifically, the County Employer shall ensure that each individual who handles the sample shall provide written documentation of test performed (or necessity for handling the sample), the date and time of the testing, and their his name, as well as as, the next individual to whom the sample is delivered. Specimen collection will occur in a medical setting and every precaution shall be taken to ensure that the procedures shall not demean, embarrass, or cause physical discomfort to the employee. Section 8SECTION 7. To the extent permitted by law, the The results of any drug and alcohol alcohol-screening test will be kept strictly confidential. An employee who tests positive for drugs and/or alcohol will have the opportunity to review the test results and, if desired, will be provided with a reasonable opportunity to rebut the results. Copies of any such evaluation shall be provided to the County Employer and to the individual tested. Where urine or blood samples have been taken, the samples will be preserved for a reasonable period of time and such employee will have the opportunity to take these samples to a reputable physician or laboratory of their his choosing for re-testing. Section 9SECTION 8. Employees who may be drug or alcohol dependent are encouraged to voluntarily seek professional assistance through a reputable treatment program. The County’s Employee’s Employee Assistance Program (EAPE.A.P.) can provide counseling and referral. To the extent permitted by law, all All records of an employee seeking medical rehabilitation for drug or alcohol dependency, either through EAP E.A.P. or otherwise, will be kept strictly confidential. Voluntary assistance should be sought before dependence affects job performance so as to endanger fellow employees or otherwise adversely impact the employee’s ability to perform their his or her job duties. Section 10. The EAP program does not supplant or alter the normal discipline and grievance procedure. An employee subjected to disciplinary charges which include substance abuse on the job will be given access to the drug or alcohol screening results, the ability to have privately tested the blood or urine sample at an independent laboratory, and the opportunity to rebut the allegation of substance abuse. Any disciplinary order issued to an employee which includes allegations or substance abuse on the job shall list the basis upon which it was determined that there was reasonable cause to believe that the employee was using drugs or was under the influence of drugs or alcohol at work. Section 11. Any employee found to have positive screens for drugs and/or alcohol must be given medical clearance by a qualified physician acceptable to the County before returning to work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fitness for Duty Examination. Section 1. Where The DHS and the Union agree that the DHS has a responsibility to provide its employees, its clients and the public with the safest possible work conditions. Therefore, where there is reasonable cause to believe that an individual employee is using, soliciting soliciting, or is under the influence of drugs or alcohol at work, such employee will be directed to report to a County designated physician or medical clinic for a fitness for duty examination. Section 2. The exam will be performed on County time and at County expense and will involve appropriate testing, including possible urine or blood tests or breathalyzer exam as determined by the appropriate medical personnel. Section 3. An employee may be referred for such fitness for duty screening if at least one (1) supervisor and one manager has a reasonable suspicion that the employee is then under the influence of alcohol or a controlled chemical substance and shall be made based only upon specific, objective facts and reasonable inferences drawn from those facts in the light of experience, that the employee is then under the influence of drugs or alcohol so as to endanger fellow employees employees, the public or otherwise adversely impact on the employee’s 's ability to perform, the employee’s perform his or her job duties. Section 4. When a supervisor determines that he has reasonable suspicion that an employee is impaired, the supervisor and one manager will complete a form which will be presented to the County Department Office of Human Resources Labor Relations the same day. If Human Resources determines the Office of Labor Relations, in consultation with the Director or his/her designee, determine that there is probable causereasonable suspicion, IT the Office of Labor Relations shall arrange for a Fitness of for Duty Examination Exam and notify the Union prior to testing. Section 5. An employee may also be referred for mandatory urine urine, blood or breathalyzer tests to determine substance abuse under the following circumstances: (A) : A. As part of a disciplinary probation for employees who have violated the County’s 's drug and alcohol rules, or (B) ; or B. For employees returning from leaves of absence if they have given management a reason to suspect possible illegal drug and/or alcohol abuse. Possible reasons to suspect substance abuse include, but are not limited to, a history of excessive absenteeism not related to a specific illness, documented evidence of deteriorating job performance or documentation of aberrant behavior in instances where these reasons arose in the six (6) month period immediately preceding the leave of absence. C. An employee involved in any motor vehicle accident while operating a county vehicle shall immediately report the accident to his/her supervisor. If Employees who are involved in a motor vehicle accident while driving their own vehicle in the course and scope of employment shall immediately report an accident that: 1. occurs while transporting client(s); or 2. results in personal injury to anyone; or 3. results in property damage to a third party; or 4. results in any vehicle being disabled. The employee consents, then shall be subject to a test if the County may refer Employer has reason to suspect alcohol or illegal drug use or if an accident occurs involving a county vehicle or if the employee for a blood testaccident entails any of the issues listed in 1-4 above. Section 6. An employee shall be entitled to the presence of a Union representative before testing is administered. Section 7. As concerns urine samples for drug testing, subject employees will undergo an initial screen (EMIT) test. For any positive results, a confirmatory test employing the gas chromatography/mass spectrometry (GC/MS) test will be used. The County will ensure that there is a continuous chain of custody of any sample taken from an employee. Specifically, the County shall ensure that each individual who handles the sample shall provide written documentation of test performed (or necessity for handling the sample), the date and time of the testing, and their name, as well as the next individual to whom the sample is delivered. Specimen collection will occur in a medical setting and every precaution shall be taken to ensure insure that the procedures shall not demean, embarrass, or cause physical discomfort to the employee. Section 8. To the extent permitted by law, the The results of any drug and alcohol screening test will be kept strictly confidential. An employee who tests positive for drugs and/or alcohol will have the opportunity to review the test results and, if desired, a reasonable opportunity to rebut the results. Copies of any such evaluation shall be provided to the County and to the individual tested. Where urine or blood samples have been taken, the samples will be preserved for a reasonable period of time and such employee will have the opportunity to take have these samples to retested at a reputable physician or laboratory of their choosing for re-testinghis or her choosing. Section 9. Employees who may be drug or alcohol dependent are encouraged to voluntarily seek professional assistance through a reputable treatment program. The County’s Employee’s 's Employee Assistance Program (EAP) can provide counseling and referral. To the extent permitted by law, all All records of an employee seeking medical rehabilitation for drug or alcohol dependency, either through EAP E.A.P. or otherwise, will be kept strictly confidential. Voluntary assistance should be sought before dependence dependency affects job performance so as to endanger fellow employees employees, the public, or otherwise adversely impact the employee’s 's ability to perform their his or her job duties. Section 10. The EAP program does not supplant or alter the normal discipline and grievance procedure. An employee subjected to disciplinary charges which include substance abuse on the job will be given access to the drug or alcohol screening results, the ability to have privately tested the blood or urine sample at an independent laboratory, and the opportunity to rebut the allegation of substance abuse. Any disciplinary order issued to an employee which includes allegations or substance abuse on the job shall list the basis upon which it was determined that there was reasonable cause to believe that the employee was using drugs or was under the influence of drugs or alcohol at work. Section 11. Any employee found to have positive screens for drugs and/or alcohol must be given medical clearance by a qualified physician acceptable to the County before returning to work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fitness for Duty Examination. Section 1. Where there is reasonable cause to believe that an individual employee is using, soliciting or is under the influence of drugs or alcohol at work, such employee will be directed to report to a County designated physician or medical clinic for a fitness for duty examination. Section 2. The exam will be performed on County time and at County expense and will involve appropriate testing, including possible urine or blood tests or breathalyzer exam as determined by the appropriate medical personnel. Section 3. An employee may be referred for such fitness for duty screening if at least one (1) supervisor and one manager has reasonable suspicion that the employee is then under the influence of alcohol or a controlled chemical substance and shall be made based only upon specific, objective facts and reasonable inferences drawn from those facts in the light of experience, that the employee is then under the influence of drugs or alcohol so as to endanger fellow employees or otherwise adversely impact on the employee’s ability to perform, the employee’s his or her job duties. Section 4. When a supervisor determines that he/she has reasonable suspicion that an employee is impaired, the supervisor and one manager will complete a form which will be presented to the County Department of Human Resources the same day. If Human Resources determines that there is probable cause, IT shall arrange for a Fitness of Duty Examination and notify the Union prior to testing. Section 5. An employee may also be referred for mandatory urine or breathalyzer tests to determine substance abuse under the following circumstances: (A) A. As part of a disciplinary probation for employees who have violated the County’s drug and alcohol rules, ; or (B) B. For employees returning from leaves of absence if they have given management a reason to suspect possible illegal drug and/or alcohol abuse. Possible reasons to suspect substance abuse include, but are not not-limited to, documented evidence of deteriorating job performance or documentation of aberrant behavior in instances where these reasons arose in the six (6) month period immediately preceding the leave of absence. If the employee consents, then the County Employer may refer the employee him or her for a blood test. Section 6. An employee shall be entitled to the presence of a Union representative before testing is administered. Section 7. As concerns urine samples for drug testing, subject employees will undergo an initial screen (EMIT) test. For any positive results, a confirmatory test employing the gas chromatography/mass spectrometry (GC/MS) test will be used. The County will ensure that there is a continuous chain of custody of any sample taken from an employee. Specifically, the County shall ensure that each individual who handles the sample shall provide written documentation of test performed (or necessity for handling the sample), the date and time of the testing, and their name, as well as the next individual to whom the sample is delivered. Specimen collection will occur in a medical setting and every precaution shall be taken to ensure that the procedures shall not demean, embarrass, or cause physical discomfort to the employee.handling Section 8. To the extent permitted by law, the results of any drug and alcohol screening test will be kept strictly confidential. An employee who tests positive for drugs and/or alcohol will have the opportunity to rebut the results. Copies of any such evaluation shall be provided to the County and to the individual tested. Where urine or blood samples have been taken, the samples will be preserved for a reasonable period of time and such employee will have the opportunity to take these samples to a reputable physician or laboratory of their his/her choosing for re-testing. Section 9. Employees who may be drug or alcohol dependent are encouraged to voluntarily seek professional assistance through a reputable treatment program. The County’s Employee’s Assistance Program (EAP) can provide counseling and referral. To the extent permitted by law, all records of an employee seeking medical rehabilitation for drug or alcohol dependency, either through EAP or otherwise, will be kept strictly confidential. Voluntary assistance should be sought before dependence affects job performance so as to endanger fellow employees or otherwise adversely impact the employee’s ability to perform their his or her job duties. Section 10. The EAP program does not supplant or alter the normal discipline and grievance procedure. An employee subjected to disciplinary charges which include substance abuse on the job will be given access to the drug or alcohol screening results, the ability to have privately tested the blood or urine sample at an independent laboratory, and the opportunity to rebut the allegation of substance abuse. Any disciplinary order issued to an employee which includes allegations or substance abuse on the job shall list the basis upon which it was determined that there was reasonable cause to believe that the employee was using drugs or was under the influence of drugs or alcohol at work. Section 11. Any employee found to have positive screens for drugs and/or alcohol must be given medical clearance by a qualified physician acceptable to the County before returning to work. Section 12. In the event of a disagreement between the doctor selected by the County and the doctor selected by the Union, the County and the Union doctors shall together select a third (3rd) doctor within thirty (30) days, whose opinion shall be final and the cost of the third opinion shall be borne equally by the Union and the County. Section 13. If the County has reason to believe an employee is physically or mentally incapable of performing the essential functions of his/her position, the County may require an employee to take an examination, conducted by a licensed physician, to Section 14. Notwithstanding the foregoing, the County may conduct any examination mandated by Ohio and/or federal law. Section 15. Hepatitis B shots and boosters will be provided by the County for those requesting the same due to work hazards.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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