IDENTIFICATION AND CONSENT PROCEDURES. A. An employee may be required to submit to urine drug or alcohol testing by a physician or laboratory only if management has reasonable cause that the employee is under the influence of drugs or alcohol in violation of this policy. The Employer may order urine testing only. B. If a supervisor makes observations of an employee which the supervisor believes may constitute reasonable cause for drug or alcohol testing, the supervisor shall immediately inform the employee of the suspicions, and inform the employee that he/she may have a Union representative present. If the employee wishes not to have a Union representative, then that desire should be put in writing, and signed off by the employee, on the Incident Report Form. C. If the two trained supervisors believe that there is reasonable cause for a drug or alcohol urine test, then the Incident Report Form shall be filled out, including a statement of the specific objective facts constituting reasonable cause for the test, and the names of the persons making those observations. D. A completed copy of this Incident Report Form shall be given to the bargaining unit employee before he/she is required to be tested, and one copy made available to the Union representative, if present. After being given a copy of the Incident Report Form, the bargaining unit employee shall be allowed enough time to read the entire document, and to understand the reasons for the test. E. The employee will be offered an opportunity to give an explanation of his/her condition, such as reaction to a prescribed drug, fatigue, lack of sleep, exposure to noxious fumes, reaction to over-the-counter medication or illness. The Union representative shall be present during such explanation and shall be entitled to confer with the employee before the explanation is requested. If the supervisor, after observing the employee, concludes that there is in fact reasonable cause to believe that the employee is under the influence of drugs or alcohol, then, by a written order signed by the supervisor, the employee may be ordered to submit to a urine drug test. The employee shall be informed that refusal to submit to testing may constitute a presumption of intoxication. This presumption will be raised if the Employer had reasonable cause to require a urine drug test in the first place. F. Prior to the actual drug testing, the employee will be examined by a medical doctor at the designated hospital, laboratory or clinic. This examination will be conducted to determine if the supervisors’ observations are caused by a reason other being under the influence of drugs and/or alcohol. If the opinion of the medical doctor is that the supervisors’ observations are for a reason other than possible influence of drugs and/or alcohol, no test will be given, and the employee will be returned to the work place without loss of pay. If the medical doctor releases the employee to return to work, such release must be in writing. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered; the test results shall be destroyed. and no discipline shall be imposed against the bargaining unit employee. G. Before a drug and alcohol test is administered, employees and job applicants will be asked to sign a consent form authorizing the clinic or laboratory to obtain a urine specimen. On a separate form, the employee will be asked to release the results of the testing to the General Manager and to Human Resources Representative. The consent form shall provide space for employees and applicants to indicate current or recent use of prescription or over-the-counter medication. H. Unless there is an objective reason to believe that the employee has previously altered a sample, or unless the employee agrees in writing, individuals shall be allowed to provide the required specimen in the privacy of a stall or otherwise partitioned area. I. A job applicant who refuses to consent to a drug or alcohol test will be denied employment for a period of three months. J. An employee who refuses to consent to a drug or alcohol test shall not be subject to disciplinary action for that refusal. However, the fact of the refusal shall constitute a rebuttable presumption that the employee was under the influence of drugs and or alcohol at the time of the order to submit to the urine test.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
IDENTIFICATION AND CONSENT PROCEDURES. A. 1. An employee Employee may be required to submit to urine drug testing for drugs or alcohol testing by a physician or laboratory only if management the Company has “reasonable cause cause” that the employee is under the influence of drugs or alcohol in violation of this policy. The Employer Company may order urine testing only.
B. 2. If a supervisor Company representative makes observations observation of an employee which the supervisor representative believes may constitute reasonable cause for drug or alcohol testing, the supervisor representative shall immediately inform the employee of the suspicions, and inform the employee that he/she may have a Union representative witness present. If the employee wishes not to have a Union representativewitness, then that desire should be put in writing, writing and signed off by the employee, employee on the Incident Report Form. A witness can acknowledge an employee’s refusal to sign the Form.
C. 3. The employee will be offered an opportunity to give an explanation of his/her condition, such as reaction to a prescribed drug, fatigue, lack of sleep, exposure to noxious fumes, reaction to over the counter medication or illness. A union representative may be present, if available, during such explanation.
4. If the two trained supervisors believe representative believes that there is reasonable cause for a drug or alcohol urine test, then the Incident Report Form shall be filled out, including a statement of the specific objective facts constituting reasonable cause for the test, and the names name of the persons making those observations, before the employee is tested.
D. 5. A completed copy of this the Incident Report Form shall be given to the bargaining unit employee before he/she is required to be tested, and one copy made available to the Union representative, if present. After being given If circumstances do not allow for a copy of complete Report to be prepared at once, then the Incident Report Form, the bargaining unit employee shall be allowed enough time given a concise written statement of why he/she is being referred to read testing and a complete written Incident Report Form shall be provided to the entire document, employee and to understand the reasons for Union no later than 24 hours after the testincident.
E. The employee will be offered an opportunity to give an explanation of his/her condition, such as reaction to a prescribed drug, fatigue, lack of sleep, exposure to noxious fumes, reaction to over-the-counter medication or illness6. The Union representative shall be present during such explanation and shall be entitled to confer with the employee before the explanation is requested. If the supervisor, after observing the employee, concludes that there is in fact reasonable cause to believe that the employee is under the influence of drugs or alcohol, then, by a written order signed by the supervisor, the employee may be ordered to submit to a urine drug test. The employee shall be informed that refusal to submit to testing may constitute a presumption of intoxication. This presumption will be raised if the Employer had reasonable cause to require a urine drug test in the first place.
F. Prior to the actual drug testingtesting for reasonable cause, the employee will be examined by a trained medical doctor professional at the designated hospital, laboratory laboratory, or clinic. This examination will be conducted to determine if the supervisors’ Company representative’s observations are were caused by a reason other than being under the influence of drugs and/or alcohol. If the opinion of the trained medical doctor professional is that the supervisors’ Company representative’s observations are for a reason other than possible influence of drugs and/or alcohol, no test will be given, given and the employee will be returned to the work place workplace without loss of pay. If the trained medical doctor representative releases the employee to return to work, such release must be in writing.
7. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered; , the test results shall be destroyed. , and no discipline shall be imposed against the bargaining unit employee.
G. Before a drug and alcohol test is administered, employees and job applicants will be asked to sign a consent form authorizing the clinic or laboratory to obtain a urine specimen8. On a separate form, the employee will be asked to release the results of the testing to the General Manager and to Human Resources Representative. The consent form shall provide space for employees and applicants to indicate current or recent use of prescription or over-the-counter medication.
H. Unless there is an objective reason to believe that the employee has previously altered a sample, or unless the employee agrees in writing, individuals shall be allowed to provide the required specimen in the privacy of a stall or otherwise partitioned area.
I. A job applicant who refuses 9. If the Company has reasonable cause to consent to a drug or alcohol test will be denied employment for a period of three months.
J. An believe an employee who refuses to consent to a drug or alcohol test shall not be subject to disciplinary action for that refusal. However, the fact of the refusal shall constitute a rebuttable presumption that the employee was is under the influence of drugs or alcohol, as set forth in this policy, and or alcohol at the time of the order employee refuses to submit to a drug test, this constitutes insubordination and subjects the urine testemployee to possible discipline up to and including discharge.
Appears in 1 contract
Samples: Collective Bargaining Agreement
IDENTIFICATION AND CONSENT PROCEDURES. A. An employee may be required to submit to urine drug or alcohol testing by a physician or laboratory only if management has reasonable cause that the employee is under the influence of drugs or alcohol in violation of this policy. The Employer may order urine testing only.
B. If a supervisor makes observations of an employee which the supervisor believes may constitute reasonable cause for drug or alcohol testing, the supervisor shall immediately inform the employee of the suspicions, and inform the employee that he/she may have a Union representative present. If the employee wishes not to have a Union representative, then that desire should be put in writing, and signed off by the employee, on the Incident Report Form.
C. If the two trained supervisors believe that there is reasonable cause for a drug or alcohol urine test, then the Incident Report Form shall be filled out, including a statement of the specific objective facts constituting reasonable cause for the test, and the names of the persons making those observations.
D. A completed copy of this Incident Report Form shall be given to the bargaining unit employee before he/she is required to be tested, and one copy made available to the Union representative, if present. After being given a copy of the Incident Report Form, the bargaining unit employee shall be allowed enough time to read the entire document, and to understand the reasons for the test.
E. The employee will be offered an opportunity to give an explanation of his/her condition, such as reaction to a prescribed drug, fatigue, lack of sleep, exposure to noxious fumes, reaction to over-the-counter medication or illness. The Union representative shall be present during such explanation and shall be entitled to confer with the employee before the explanation is requested. If the supervisor, after observing the employee, concludes that there is in fact reasonable cause to believe that the employee is under the influence of drugs or alcohol, then, by a written order signed by the supervisor, the employee may be ordered to submit to a urine drug test. The employee shall be informed that refusal to submit to testing may constitute a presumption of intoxication. This presumption will be raised if the Employer had reasonable cause to require a urine drug test in the first place.
F. Prior to the actual drug testing, the employee will be examined by a medical doctor at the designated hospital, laboratory or clinic. This examination will be conducted to determine if the supervisors’ observations are caused by a reason other being under the influence of drugs and/or alcohol. If the opinion of the medical doctor is that the supervisors’ observations are for a reason other than possible influence of drugs and/or alcohol, no test will be given, and the employee will be returned to the work place without loss of pay. If the medical doctor releases the employee to return to work, such release must be in writing. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered; the test results shall be destroyed. destroyed and no discipline shall be imposed against the bargaining unit employee.
G. Before a drug and alcohol test is administered, employees and job applicants will be asked to sign a consent form authorizing the clinic or laboratory to obtain a urine specimen. On a separate form, the employee will be asked to release the results of the testing to the General Manager and to Human Resources Representative. The consent form shall provide space for employees and applicants to indicate current or recent use of prescription or over-the-counter medication.
H. Unless there is an objective reason to believe that the employee has previously altered a sample, or unless the employee agrees in writing, individuals shall be allowed to provide the required specimen in the privacy of a stall or otherwise partitioned area.
I. A job applicant who refuses to consent to a drug or alcohol test will be denied employment for a period of three months.
J. An employee who refuses to consent to a drug or alcohol test shall not be subject to disciplinary action for that refusal. However, the fact of the refusal shall constitute a rebuttable presumption that the employee was under the influence of drugs and or alcohol at the time of the order to submit to the urine test.
Appears in 1 contract
Samples: Memorandum of Understanding