Common use of Free and Alcohol-Free Workplace Clause in Contracts

Free and Alcohol-Free Workplace. The College and Union recognize that drug and alcohol abuse are treatable illnesses which must be initially treated through medical, psychiatric and life-style support education and not punitive measures. This program will include training education and assistance to employees. All employees at Oberlin College will receive a copy of the Drug and Alcohol Free Workplace Policy. All employees will be screened during their probationary employment period at the College’s sole discretion. After joining the Bargaining Unit, should an employee’s behavior provide “reasonable cause” through their behavior, a written statement will trigger an investigation that will be conducted with Human Resources and the designated Union Representative to determine basic sobriety/drug-free status. The employee in question will be tested at an agreed to medical facility and provided transportation home and be put on paid leave until test results have been received. “Reasonable Cause” will be defined as observed behavior/physical characteristics that are unstable, unresponsive, and/or incoherent, which includes slurred speech, dilated pupils, or erratic interpersonal behavior. The same criteria shall be used when an employee is involved in an accident involving a motor vehicle, and/or they are involved in an accident causing injury that necessitates medical attention at a healthcare facility, and/or there is damage resulting in excess of $500 to Oberlin College property. Should the employee test positive for being under the influence of alcohol or a controlled substance, they can opt for a secondary safety screen at the expense of the College. All positively verified employees will be required to successfully complete a rehabilitation program paid by Oberlin College and demonstrate drug/alcohol free status for twelve (12) consecutive months. A second College-paid rehabilitation program may be offered at the discretion of the College. Employees who either do not complete the rehabilitation program or test positive after the rehabilitation program will be subject to discipline up to and including termination. There will be no random testing of employees except for those currently under “rehabilitation status” of the above stated 12 months. The parties agree to meet to determine threshold limits prior to implementation of the program. All Stewards and Supervisors will complete training in the observation/detection of “reasonable cause” behavior. Any disputes which may arise over compliance with the policy will be resolved through the grievance provisions of this Labor Contract. September 2008 MEMORANDUM OF UNDERSTANDING #12‌

Free and Alcohol-Free Workplace. The College and Union recognize that drug and alcohol abuse are treatable illnesses which must be initially treated through medical, psychiatric and life-style support education and not punitive measures. This program The College will include training provide training, education and assistance to employees. All employees at Oberlin College OCOPE bargaining unit members will receive a copy of the Drug and Alcohol Alcohol-Free Workplace Policy. All Drug and alcohol testing will occur only if "reasonable cause" is demonstrated Bargaining unit employees will shall be screened during subject to drug/alcohol testing should their probationary employment period at the College’s sole discretion. After joining the Bargaining Unit, should an employee’s behavior provide “"reasonable cause” through their ". Reasonable Cause shall be defined as observed behavior/physical characteristics that are unstable, unresponsive, and/or incoherent, which includes slurred speech, dilated pupils, or erratic interpersonal behavior. In this event, a written statement will trigger an investigation that will be conducted with Human Resources and the designated Union Representative to determine basic sobriety/drug-free status. The employee in question Where appropriate, the College will be tested at an agreed to medical facility and provided provide transportation home and the employee will be put on paid leave until test results have been receivedreceived where the employee's duties include driving. “Reasonable Cause” will be defined as observed behavior/physical characteristics that are unstableOnce hired, unresponsive, and/or incoherent, which includes slurred speech, dilated pupils, or erratic interpersonal behavior. The same criteria shall be used when should an employee is involved in an accident involving a motor vehicle, and/or they are involved in an accident causing injury that necessitates medical attention at a healthcare facility, and/or there is damage resulting in excess of $500 to Oberlin College property. Should the employee test positive for being under the influence of alcohol or a controlled substance, they can opt for a secondary safety screen second confirmatory test, in the case of drugs, employing the gas chromatography/mass spectrometry (GC/MS) test will be used at the expense of the College. All testing shall occur at a facility certified by the Department of Transportation. All positively verified employees will be required to successfully complete a rehabilitation program paid by Oberlin College and demonstrate successfully pass any drug/alcohol free status test for twelve (12) consecutive months. A second College-paid rehabilitation program may be offered at the discretion of the College. Employees who either do not complete the rehabilitation program or test positive after the rehabilitation program will be be-subject to discipline up to and including termination. There will be no random testing of employees except for those currently under “"rehabilitation status” " of the above stated 12 months. The parties agree to meet to determine threshold limits prior to implementation of the program. All Stewards OCOPE officials and Supervisors will complete training in the observation/detection of “reasonable cause” " behavior. Any disputes which may arise over compliance with the policy will be resolved through the grievance provisions of this Labor Contract. September 2008 MEMORANDUM OF UNDERSTANDING #12‌PROTECTION FOR EMPLOYEES • Employee records, such as testing results and referrals for help, will be kept confidential. Information will be shared on a need-to-know basis with the chair (or his/her designee) of the bargaining committee. Any violation of confidentiality rights is subject to disciplinary action up to and including termination of employment. • Oberlin College is committed to getting help for employees who have a substance problem. Each situation will be reviewed individually. Employee assistance is available for employees and their families. A list of resources will be available through our Drug- Free Coordinator and through the CIGNA EAP program. Oberlin College wants you to come forward if you have a substance problem and not wait. • All supervisors, managers and OCOPE officials will be trained in their duties related to substance testing before this program begins. EMPLOYEE AWARENESS EDUCATION: OCOPE employees will be given a copy of the Oberlin College Drug Free Workplace Policy and be required to attend an awareness question and answer training session. Each employee will be expected to sign a form acknowledging receipt of the policy. New employees will receive the policy and information about the program during their benefits orientation. DRUG AND ALCOHOL TESTING: Testing will be used to detect problems, to get employees not to use substances in a way that will violate the Policy, and to allow Oberlin College to take appropriate action to correct the situation. In addition to alcohol, the drugs that we are testing for include: A test is considered positive when the result is equal to or higher than the threshold. Oberlin College and the bargaining committee will sit down together to bargain appropriate changes to the above list if mandated by changes in existing Federal or State laws. Breath alcohol concentrations equal to or greater than .08 will be considered a verified positive result. Evidentiary Breath Test (EBT) will be used to confirm any initial positive test result The EBT (second test) of .06 is considered a positive test when done within 45 minutes of first test. An employee will be found to violate this Policy only if the result is positive both for the initial and the confirmatory tests.

Free and Alcohol-Free Workplace. The College and Union recognize that drug and alcohol abuse are treatable illnesses which must be initially treated through medical, psychiatric and life-style support education and not punitive measures. This program The College will include training provide training, education and assistance to employees. All employees at Oberlin College OCOPE bargaining unit members will receive a copy of the Drug and Alcohol Free Workplace Policy. All Drug and alcohol testing will occur only if “reasonable cause” is demonstrated. Bargaining unit employees will shall be screened during subject to drug/alcohol testing should their probationary employment period at the College’s sole discretion. After joining the Bargaining Unit, should an employee’s behavior provide “reasonable cause” through their ”. Reasonable Cause shall be defined as observed behavior/physical characteristics that are unstable, unresponsive, and/or incoherent, which includes slurred speech, dilated pupils, or erratic interpersonal behavior. In this event, a written statement will trigger an investigation that will be conducted with Human Resources and the designated Union Representative to determine basic sobriety/drug-free status. The employee in question Where appropriate, the College will be tested at an agreed to medical facility and provided provide transportation home and the employee will be put on paid leave until test results have been receivedreceived where the employee’s duties include driving. “Reasonable Cause” will be defined as observed behavior/physical characteristics that are unstableOnce hired, unresponsive, and/or incoherent, which includes slurred speech, dilated pupils, or erratic interpersonal behavior. The same criteria shall be used when should an employee is involved in an accident involving a motor vehicle, and/or they are involved in an accident causing injury that necessitates medical attention at a healthcare facility, and/or there is damage resulting in excess of $500 to Oberlin College property. Should the employee test positive for being under the influence of alcohol or a controlled substance, they can opt for a secondary safety screen second confirmatory test, in the case of drugs, employing the gas chromatography/mass spectrometry (GC/MS) test will be used at the expense of the College. All testing shall occur at a facility certified by the Department of Transportation. All positively verified employees will be required to successfully complete a rehabilitation program paid by Oberlin College and demonstrate successfully pass any drug/alcohol free status test for twelve (12) consecutive months. A second College-paid rehabilitation program may be offered at the discretion of the College. Employees who either do not complete the rehabilitation program or test positive after the rehabilitation program will be subject to discipline up to and including termination. There will be no random testing of employees except for those currently under “rehabilitation status” of the above stated 12 months. The parties agree to meet to determine threshold limits prior to implementation of the program. All Stewards OCOPE officials and Supervisors will complete training in the observation/detection of “reasonable cause” behavior. Any disputes which may arise over compliance with the policy will be resolved through the grievance provisions of this Labor Contract. September 2008 MEMORANDUM OF UNDERSTANDING #12‌Protection for Employees • Employee records, such as testing results and referrals for help, will be kept confidential. Information will be shared on a need-to-know basis with the chair (or his/her designee) of the bargaining committee. Any violation of confidentiality rights is subject to disciplinary action up to and including termination of employment. • Oberlin College is committed to getting help for employees who have a substance problem. Each situation will be reviewed individually. Employee assistance is available for employees and their families. A list of resources will be available through our Drug-Free Coordinator and through the CIGNA EAP program. Oberlin College wants you to come forward if you have a substance problem and not wait. • All supervisors, managers and OCOPE officials will be trained in their duties related to substance testing before this program begins. Employee Awareness Education: OCOPE employees will be given a copy of the Oberlin College Drug Free Workplace Policy and be required to attend an awareness question and answer training session. Each employee will be expected to sign a form acknowledging receipt of the policy. New employees will receive the policy and information about the program during their benefits orientation. Drug and Alcohol Testing: Testing will be used to detect problems, to get employees not to use substances in a way that will violate the Policy, and to allow Oberlin College to take appropriate action to correct the situation. In addition to alcohol, the drugs that we are testing for include: Drug List Initial Threshold Confirmatory Amphetamines (speed,uppers, etc) 1,000 ng/mL 500 ng/mL Cocaine (including crackcocaine, etc) 300 ng/mL 150 ng/mL Marijuana 50 ng/mL 15 ng/mL Opiates (codeine, heroin,morphine, etc.) 2,000 ng/mL 2,000 ng/mL Phencyclidine (PCP, “angel dust”,etc) 25 ng/mL 25 ng/mL Barbiturates (Seconal,Phenobarbitol, etc.) 300 ng/mL 200 ng/mL Benzodiazepines (Valium,Librium, etc.) 300 ng/mL 300 ng/mL Methadone 300 ng/mL 300 ng/mL Propoxyphene (Darvon,Darvocet, etc.) 300 ng/mL 300 ng/mL Oxycontin 100 ng/mL 100 ng/mL Alcohol .08 grams per 210 Liters of breath .06 grams per210 Liters ofbreath A test is considered positive when the result is equal to or higher than the threshold. Oberlin College and the bargaining committee will sit down together to bargain appropriate changes to the above list if mandated by changes in existing Federal or State laws. Breath alcohol concentrations equal to or greater than .08 will be considered a verified positive result. Evidentiary Breath Test (EBT) will be used to confirm any initial positive test result. The EBT (second test) of .06 is considered a positive test when done within 45 minutes of first test. An employee will be found to violate this Policy only if the result is positive both for the initial and the confirmatory tests. Employee Assistance Oberlin College believes in offering assistance to employees with a substance use problem. The College is supportive of employees taking action on their own behalf to address such a problem, and we believe in offering a second chance to employees who are willing to do something about their problem. To help those who come forward voluntarily and those who test positive in violation of the Policy, Oberlin College has established relationships with certified substance abuse counselors. When an employee is determined to have a substance problem, a representative from Human Resources and a union representative will meet with the employee to discuss the problem and the violation of the Policy. It is important for the employee to come to an understanding regarding the extent of the problem in order to correct the problem and be able to avoid future usage in violation of Oberlin College’s policy. If an employee is willing to actively engage in resolving the substance use problem, Oberlin College will refer the employee to a provider for an assessment which could lead to possible outpatient or inpatient counseling with a substance professional. You need to be aware that the Oberlin College health plan does not cover the cost of any treatment or program if the substance abuse services are ordered as a condition of parole, probation or custody, or visitation evaluations, or court ordered.