Common use of Management Responsibilities and Guidelines Clause in Contracts

Management Responsibilities and Guidelines. 1. Managers and supervisors are responsible for reasonable enforcement of this policy, and for the administration of discipline as deemed appropriate, consistent with the Discipline Section (B-XV). Managers and supervisors will be provided training regarding their responsibilities. 2. Managers and supervisors may request and, if necessary, subsequently order that an employee submit to a drug and/or alcohol test when a manager or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol while on the job or subject to being called. "Reasonable suspicion" is a belief based on objective facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced. For example, any of the following, alone or in combination, may constitute reasonable suspicion: a. Slurred speech; b. Odor of an alcoholic beverage on breath; c. Unsteady walking and movement; d. An accident involving the employee and/or equipment or property where the cause may be symptomatic of suspected use; e. Physical altercation; f. Verbal altercation; g. Unusual behavior where the cause may be symptomatic of suspected use; h. Possession of alcohol or drugs; or i. Information obtained from a reliable person with personal knowledge. The supervisor shall make reasonable attempts to verify or corroborate such information prior to requesting or ordering an employee to submit to a drug test. 3. If the manager or supervisor reasonably believes that an employee is under the influence, and wants to talk to the employee before sending him/her to a test, the employee shall be advised of his/her right to representation. Upon the employee's request for representation, any interrogation or testing shall cease until representation is present, unless representation is not immediately available. However, if based on the reasonable suspicion, the manager or supervisor wants to send the employee to the test without interrogating the employee, he/she may do so. 4. Any manager or supervisor requesting or ordering an employee to submit to a drug and/or alcohol test shall document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs. When possible, the supervisor shall seek the opinion of a person such as a police officer who is trained to recognize persons under the influence prior to ordering an employee to submit to a drug test. 5. Any manager or supervisor encountering an employee who refuses an order to submit to a drug and/or alcohol analysis shall remind the employee that failure to comply is insubordination and will result in disciplinary action. Where there is reasonable suspicion that the employee is under the influence of alcohol or drugs, the manager or supervisor shall, for safety purposes, provide the employee transportation from the work site to the collection facility to submit to the test. 6. Managers and supervisors shall not physically search the person or employees, nor shall they search the personal possession(s) of employees without the consent of the employee. 7. Managers and supervisors shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in his or her possession, or when the supervisor is unable to reasonably control a situation where the employee poses a potential liability to himself/herself, or others.

Appears in 5 contracts

Samples: Memorandum of Understanding (Mou), Memorandum of Understanding (Mou), Memorandum of Understanding

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Management Responsibilities and Guidelines. 1. 15.5.1 Managers and supervisors are responsible for reasonable enforcement of this policy, and for the administration of discipline as deemed appropriate, consistent with the Discipline Section (B-XV). Managers and supervisors will be provided training regarding their responsibilities. 2. Managers and supervisors 15.5.2 The Superintendent or his/her designee may authorize a manager or supervisor to request and, if necessary, subsequently order that an employee submit to a drug and/or alcohol test when a manager or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol while on the job or subject to being called. "Reasonable suspicion" is a belief based on objective facts sufficient to lead a reasonably prudent person supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced. For example, any of the following, alone or in combination, may constitute reasonable suspicion: a. Slurred speech; b. Odor of an alcoholic beverage Alcohol odor on breath; c. Unsteady walking and movement; d. An accident involving the employee and/or equipment or property where the cause may be symptomatic of suspected useAgency property; e. Physical altercation; f. Verbal altercation; g. Unusual behavior where the cause may be symptomatic of suspected usebehavior; h. Possession of alcohol or drugs; or; i. Information obtained from a reliable person with Based on personal knowledge. The supervisor shall make reasonable attempts to verify observation of one or corroborate such information prior to requesting or ordering an employee to submit to a drug test.more of the above criteria 3. If the manager or supervisor reasonably believes that an employee is under the influence, and wants to talk to the employee before sending him/her to a test, the employee shall be advised of his/her right to representation. Upon the employee's request for representation, any interrogation or testing shall cease until representation is present, unless representation is not immediately available. However, if based on the reasonable suspicion, the manager or supervisor wants to send the employee to the test without interrogating the employee, he/she may do so. 4. 15.5.3 Any manager or supervisor requesting requesting, after authorization from the Superintendent or ordering his/her designee, an employee to submit to a drug and/or alcohol test shall should document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs. When possible, the supervisor shall seek the opinion of a person such as a police officer who is trained to recognize persons under the influence prior to ordering an employee to submit to a drug test. 5. 15.5.4 Any manager or supervisor encountering an employee who refuses an order to submit to a drug and/or alcohol analysis upon request, after authorization from the Superintendent or his/her designee, shall remind the employee that failure to comply is insubordination of the requirements and will result in disciplinary actionconsequences of this policy. Where there is reasonable suspicion that the employee is then under the influence of alcohol or drugs, the manager or supervisor shall, for safety purposes, provide should detain the employee transportation from for a reasonable time until the work site to the collection facility to submit to the testemployee can be safely transported home. 6. 15.5.5 Managers and supervisors supervisor shall not physically search the person or of employees, nor shall they search the personal possession(s) possessions of employees without the freely given consent of of, and in the presence of, the employee. 7. 15.5.6 Managers and supervisors supervisor shall notify the appropriate law enforcement agency Superintendent or designee when they have reasonable suspicion to believe that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the District. If the Superintendent or designee concurs that there is reasonable suspicion of illegal drug possession, or when the supervisor is unable department head shall notify the appropriate law enforcement agency. 15.5.7 The laboratory retained by the District for testing purposes will have a chain of custody process, which insures the integrity of the sample. Where a drug test comes back positive, a second, more sensitive test such as Gas Chromatography/Mass Spectrometry Test (GC/MS) will be done. 15.5.8 Where the best interest of the district and community can be accommodated, first time offenders will be treated in a positive manner. Employees with an alcohol and drug abuse problem are encouraged to reasonably control attend and complete a situation where the employee poses a potential liability to himself/herself, or otherssubstance abuse program.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Classified Collective Bargaining Agreement, Classified Collective Bargaining Agreement

Management Responsibilities and Guidelines. 1. Managers and supervisors are responsible for reasonable enforcement of this policy, and for the administration of discipline as deemed appropriate, consistent with the Discipline Section (B-XV). Managers and supervisors will be provided training regarding their responsibilities. 2. Managers and supervisors may request and, if necessary, subsequently order that an employee submit to a drug and/or alcohol test when a manager or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol while on the job or subject to being called. "Reasonable suspicion" is a belief based on objective facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job fob safely is reduced. For example, any of the following, alone or in combination, may constitute reasonable suspicion: a. Slurred speech; b. Odor of an alcoholic beverage on breath; c. Unsteady walking and movement; d. An accident involving the employee and/or equipment or property where the cause may be symptomatic of suspected use; e. Physical altercation; f. Verbal altercation; g. Unusual behavior where the cause may be symptomatic of suspected use; h. Possession of alcohol or drugs; or i. Information obtained from a reliable person with personal knowledge. The supervisor shall make reasonable attempts to verify or corroborate such information prior to requesting or ordering an employee to submit to a drug test. 3. Any manager or supervisor requesting or ordering an employee to submit to a drug and/or alcohol test shall document in writing the facts constituting reasonable suspicion that the employee in questions is intoxicated or under the influence of drugs. Whenever possible the manager or supervisor who has the reasonable suspicion will ask a witness to observe the employee as well. 4. If the manager or supervisor reasonably believes that an employee is under the influence, and wants to talk to the employee before sending him/her to a test, the employee shall be advised of his/her right to representation. Upon the employee's request for representation, any interrogation or testing shall cease until representation is present, unless representation is not immediately availableavailable within thirty (30) minutes. However, if based on the reasonable suspicion, the manager or supervisor wants to send the employee to the test without interrogating the employee, he/she may do so. 4. Any manager or supervisor requesting or ordering an employee to submit to a drug and/or alcohol test shall document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs. When possible, the supervisor shall seek the opinion of a person such as a police officer who is trained to recognize persons under the influence prior to ordering an employee to submit to a drug test. 5. Any manager or supervisor encountering an employee who refuses an order to submit to a drug and/or alcohol analysis shall remind the employee that failure to comply is insubordination and will result in disciplinary action. Where there is reasonable suspicion that the employee is under the influence of alcohol or drugs, the manager or supervisor shall, for safety purposes, provide the employee transportation from the work site to the collection facility to submit to the test. 6. Managers and supervisors shall not physically search the person or employees, nor shall they search the personal possession(s) possession of employees without the consent of the employee. 7. Managers and supervisors shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in his or his/her possession, or when the supervisor is unable to reasonably reasonable control a situation where the employee poses a potential liability to himself/herself, or others.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

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Management Responsibilities and Guidelines. 1. Managers and supervisors are responsible for reasonable enforcement of this policy, and for the administration of discipline as deemed appropriate, consistent with the Discipline Section (B-XVXVII). Managers and supervisors will be provided training regarding their responsibilities. 2. Managers and supervisors may request and, if necessary, subsequently order that an employee submit to a drug and/or alcohol test when a manager or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol while on the job or subject to being calledjob. "Reasonable suspicion" is a belief clear indication based on objective facts and personal observation of at least two employees, one which must be a supervisor, sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job safely, effectively and efficiently is impaired or so that the employee's ability to perform his/her job safely is reducedimpaired. For example, any combination of any of the following, alone or in combination, following may constitute reasonable suspicion: a. a) Slurred speech; b. b) Odor of an alcoholic beverage on breath; c. Unsteady c) Unusual, anti-social behavior which is so unusual that it warrants summoning a supervisor or anyone else with authority; d) Xxxxxxxx walking and movement; d. e) An accident involving the employee and/or equipment or property where the cause may be symptomatic of suspected useuse of drugs or alcohol; e. Physical f) Patterns of physical altercation; f. Verbal altercation; g. g) Unusual behavior where the cause may be symptomatic of suspected useuse of drugs or alcohol; h. h) Possession of alcohol or drugs; ordrugs unrelated to job responsibilities; i. i) Information obtained from a reliable person with personal knowledge. The supervisor shall make reasonable attempts to verify or corroborate such information prior to requesting or ordering an employee to submit to a drug test. 3. If the manager or supervisor reasonably believes that an employee is under the influence, and wants to talk to the employee before sending him/her to a test, the employee shall be advised of his/her right to representation. Upon the employee's request for representation, any interrogation or testing shall cease until representation is present, unless representation is not immediately available. However, if based on the reasonable suspicion, the manager or supervisor wants to send the employee to the test without interrogating the employee, he/she may do so. 41. Any manager or supervisor requesting or ordering an employee to submit to a drug and/or alcohol test shall shall, prior to or within 24 hours of such requests, document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence (as defined above) of drugs. When possible, the supervisor shall seek the opinion of a person such as a police officer who is trained to recognize persons under the influence prior to ordering an employee to submit to a drug testdrugs or alcohol. 52. Any manager or supervisor encountering an employee who refuses an order to submit to a drug and/or alcohol analysis shall remind the employee that failure to comply is insubordination and will result in disciplinary action. Where there is reasonable suspicion that the employee is under the influence of alcohol or drugs, the manager or supervisor shall, for safety purposes, provide the employee transportation from the work site to the collection facility to submit to the test. 63. Managers In addition to the reasonable suspicion testing set forth above, individuals serving in the capacity as Helicopter Pilots, K-9 Handlers and supervisors Special Investigation Section shall not physically search be subject to random drug testing. Individuals serving in these sections shall be subject on a random periodic basis. Individuals wishing to enter these assignments may be subject to testing prior to being assigned. Testing conducted pursuant to the person or employees, nor shall they search the personal possession(s) of employees without the consent provisions of the employeerandom testing program shall be conducted pursuant to the provisions of this section. 7. Managers and supervisors shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in his or her possession, or when the supervisor is unable to reasonably control a situation where the employee poses a potential liability to himself/herself, or others.

Appears in 1 contract

Samples: Memorandum of Understanding

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