Management Responsibilities and Guidelines. A. Supervisors and department heads shall not physically search the persons of employees nor shall they search the personal possessions of employees without the freely given consent of, and in the presence of, the employee. B. Supervisors and department heads shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in their possession or in an area jointly or fully controlled by the City of Xxxxxxxx. C. Any supervisor or department head encountering an employee who refuses to consent to a drug and/or alcohol analysis when “reasonable suspicion” has been identified, shall remind the employee of the requirements of the policy and that they may be subject to disciplinary action. The reason(s) for the refusal shall be considered in determining the appropriate disciplinary action. Where there is reasonable suspicion that the employee is under the influence of alcohol or drugs, the supervisor should direct the employee to remain at work for a reasonable time until the employee can be safely transported home. D. Nothing in this policy shall be interpreted as constituting any waiver of or limitation on the City’s responsibility to maintain discipline, or the right to invoke disciplinary measures, nor the employee’s right to due process and the processing of grievances concerning such disciplinary measures in accordance with the grievance procedure outlined in Article 19. E. Whenever disciplinary action is used in this policy, it shall include but is not limited to; oral reprimand, written reprimand, suspension, demotion or discharge. F. Each employee will be given a copy of the City’s policy on Drug and Alcohol Substance Abuse. G. No employee’s job security or promotional opportunities will be jeopardized by their request for assistance in problems relating to alcohol and chemical abuse. Employees who refuse evaluation/diagnosis (and treatment if indicated) or who do not respond to treatment will be handled in accordance with the city policy for unacceptable job performance.
Appears in 4 contracts
Samples: Bargaining Agreement, Bargaining Agreement, Bargaining Agreement
Management Responsibilities and Guidelines. A. Supervisors 1. Managers and department heads shall not physically search the persons supervisors are responsible for reasonable enforcement of employees nor shall they search the personal possessions of employees without the freely given consent ofthis policy, and in for the presence ofadministration of discipline as deemed appropriate, consistent with the employeeDiscipline section.
B. Supervisors 2. Managers and department heads shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe 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. "Reasonable suspicion" is a belief based on objective fact 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 their job safely is reduced. In addition, reasonable suspicion may have illegal drugs in their possession be based on:
a) Possession of alcohol or in drugs; or
b) 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 area jointly or fully controlled by the City of Xxxxxxxxemployee to submit to a drug test.
C. 3. If the manager or supervisor reasonably believes that an employee is under the influence, the employee shall be advised of their 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.
4. Any manager or supervisor requesting or department head 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. The manager or supervisor shall seek confirmation of their "reasonable suspicion" determination through another supervisory management employee. 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 consent submit to a drug and/or alcohol analysis when “reasonable suspicion” has been identified, shall remind the employee of that failure to comply is insubordination, constitutes a positive test and the requirements of the policy consequences that flow from such a test and that they may be subject to disciplinary action. The reason(s) for the refusal shall be considered result in determining the appropriate disciplinary action. Where there is reasonable suspicion that the employee is under the influence of or impairment by alcohol or drugs, the manager or supervisor should direct shall, for safety purposes, provide the employee transportation from the work site to remain at work for a reasonable time until the employee can facility to be safely transported hometested.
D. Nothing in this policy shall be interpreted as constituting any waiver of or limitation on the City’s responsibility to maintain discipline, or the right to invoke disciplinary measures, nor the employee’s right to due process and the processing of grievances concerning such disciplinary measures in accordance with the grievance procedure outlined in Article 19.
E. Whenever disciplinary action is used in this policy, it shall include but is not limited to; oral reprimand, written reprimand, suspension, demotion or discharge.
F. Each employee will be given a copy of the City’s policy on Drug and Alcohol Substance Abuse.
G. No employee’s job security or promotional opportunities will be jeopardized by their request for assistance in problems relating to alcohol and chemical abuse. Employees who refuse evaluation/diagnosis (and treatment if indicated) or who do not respond to treatment will be handled in accordance with the city policy for unacceptable job performance.
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Management Responsibilities and Guidelines. A. Supervisors 1. Managers and department heads shall not physically search the persons supervisors are responsible for reasonable enforcement of employees nor shall they search the personal possessions of employees without the freely given consent ofthis policy, and in for the presence ofadministration of discipline as deemed appropriate, consistent with the employeeDiscipline Section.
B. Supervisors 2. Managers and department heads shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe 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. “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. In addition, reasonable suspicion may have illegal drugs in their possession be based on:
a. Possession of alcohol or in drugs; or
b. Information obtained from a reliable person with personal knowledge. The supervisor shall make reasonable attempts to verity or corroborate such information prior to requesting or ordering an area jointly or fully controlled by the City of Xxxxxxxxemployee to submit to a drug test.
C. 3. If the manager or supervisor reasonably believes that an employee is under the influence, 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.
4. Any manager or supervisor requesting or department head 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 consent submit to a drug and/or alcohol analysis when “reasonable suspicion” has been identified, shall remind the employee of the requirements of the policy that failure to comply is insubordination and that they may be subject to disciplinary action. The reason(s) for the refusal shall be considered will result in determining the appropriate disciplinary action. Where there is reasonable suspicion that the employee is under the influence of alcohol or drugs, the manager or supervisor should direct shall, for safety purposes, provide the employee to remain at transportation from the work for a reasonable time until the employee can be safely transported homesite.
D. Nothing in this policy shall be interpreted as constituting any waiver of or limitation on the City’s responsibility to maintain discipline, or the right to invoke disciplinary measures, nor the employee’s right to due process and the processing of grievances concerning such disciplinary measures in accordance with the grievance procedure outlined in Article 19.
E. Whenever disciplinary action is used in this policy, it shall include but is not limited to; oral reprimand, written reprimand, suspension, demotion or discharge.
F. Each employee will be given a copy of the City’s policy on Drug and Alcohol Substance Abuse.
G. No employee’s job security or promotional opportunities will be jeopardized by their request for assistance in problems relating to alcohol and chemical abuse. Employees who refuse evaluation/diagnosis (and treatment if indicated) or who do not respond to treatment will be handled in accordance with the city policy for unacceptable job performance.
Appears in 1 contract
Samples: Memorandum of Understanding