Fitness for Duty Testing. Section 1. Chemical tests and/or medical examinations may be administered to any bargaining unit member to determine his or her fitness for duty, when such tests are part of an official internal investigation or when there is “reasonable suspicion” that an employee may be unfit for duty. Any chemical tests may be tested at two different levels; an initial screening, which if positive, will be followed by a confirming test using gas chromatography/mass spectrometry. Such tests will be conducted in a manner so as to minimize an invasion of the employee’s privacy. Chain of custody procedures will be maintained. The employee will be advised that the results may not be used against him or her in criminal proceedings, and the employee will be given the opportunity to give explanation why the test may be positive. NOTE: Examples of evidence that would give the City a reasonable basis to test for drug or alcohol use includes, but are not limited to, observation of an employee’s behavior patterns and physical manifestations; circumstantial evidence, such as drug paraphernalia; and the occurrence of on-the-job accidents or incidents associated with physical manifestation of impaired functioning. Section 2. Bargaining unit members will participate in substance use testing, as required by the City to be in compliance with the BWC's Drug Free Workplace Program. These tests may include random drug testing. Testing procedures and frequencies will not exceed that which is required by the DFWP. Those members who test positive for substance use will be given the opportunity for rehabilitation and a "last chance agreement" as allowed through DFWP. This Section will only be enforceable while the City is in compliance with DFWP, and upon request, the City will provide the Union with notification of its compliance any time testing is required.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
