Common use of Positive Test Results Clause in Contracts

Positive Test Results. In the case of alcohol testing, if a covered employee tests at a level greater than .04 grams per 210 liters of breath during the preliminary test, that employee will be immediately relieved from duty and not permitted to return to work for 24 hours following the administration of the test. In the event the 24 hour time period overlaps an employee’s regularly scheduled shift, the employee shall use leave in the following order to cover the overlapping time period: vacation and/or holidays; compensatory time; and then sick leave. No further action will be taken until the results of confirmatory blood tests are received through the MRO, if such test has been requested by the bargaining unit member. In the case of a first time positive confirmatory test for alcohol or a positive test for drugs after review by the MRO, appropriate notification and receipt of results as indicated in Section E(4) above, the employee shall be provided the opportunity to participate in and satisfy a rehabilitation treatment program as recommended and administrated by the Employer’s EAP. Employees who complete such rehabilitation program will be re-tested at random times, once every quarter for the following twenty-four months. Treatment and rehabilitation shall be paid for by the employee’s insurance program. Employees will be allowed to use any accrued and earned paid time off for the necessary time off involved in the rehabilitation program. Once the employee successfully completes the required rehabilitation treatment, they shall be returned to regular full duty status. Once all follow-up care has been completed, and five (5) years have passed since the employee entered the program, the employee’s personnel file shall be purged of any reference to drug/alcohol testing and treatment. If an employee declines to participate in the EAP, they shall be immediately subject to disciplinary action as per the Department Rules and Regulations and in accordance with Article IX. If an employee tests positive for drugs and/or alcohol during the twenty-four month period after initial entry into the EAP, they shall be subject to disciplinary action as per the Department Rules and Regulations and in accordance with Article IX. The employee shall be solely responsible for any costs, not covered by insurance, which arise from necessary additional counseling or treatment. If an employee tests positive for drugs and/or alcohol a second or subsequent time, after completion of a required EAP and the passing of the twenty-four month quarterly testing period, they shall be subject to disciplinary action as per the Department Rules and Regulations up to and including discharge and in accordance with Article IX. Any employee who fails to provide a sample or appear for testing under any of the three testing circumstances in Sections B, C, and D of this Article will be considered to have a positive test result for purposes of disciplinary actions in accordance with Article IX.

Positive Test Results. In Any test resulting in a positive report will be referred to the case Chief for a complete investigation. A urine sample determined to be a "dilute sample" by the Town's Medical Review Officer shall require the member to undergo an unannounced immediate re-collection under direct observation, as a safeguard for the integrity of alcohol testingthe testing program. Upon completion of such investigation, if it is found that a covered employee tests at member has used any drug which has not been legally prescribed and/or dispensed, or has abused a level greater than .04 grams per 210 liters legally prescribed drug or has reported for duty under the influence of breath during drugs or alcohol, a report of such shall be prepared. Upon service, the preliminary testmember against whom such report has been made shall receive a copy of the laboratory test results, that employee and will be immediately relieved suspended from duty and not permitted to return to work for 24 hours following the administration of the test. In the event the 24 hour time period overlaps an employee’s regularly scheduled shift, the employee shall use leave in the following order to cover the overlapping time period: vacation and/or holidays; compensatory time; and then sick leave. No further action will be taken until the results of confirmatory blood tests are received through the MRO, if such test has been requested by the bargaining unit member. In the case of a first time positive confirmatory test for alcohol or a positive test for drugs after review by the MRO, appropriate notification and receipt of results as indicated in Section E(4) above, the employee shall be provided the opportunity to participate in and satisfy a rehabilitation treatment program as recommended and administrated by the Employer’s EAP. Employees who complete such rehabilitation program will be re-tested at random times, once every quarter for the following twenty-four months. Treatment and rehabilitation shall be paid for by the employee’s insurance program. Employees will be allowed to use any accrued and earned paid time off for the necessary time off involved in the rehabilitation program. Once the employee successfully completes the required rehabilitation treatment, they shall be returned to regular full duty status. Once all follow-up care has been completedwithout pay, and five (5) years have passed since the employee entered the program, the employee’s personnel file shall be purged of any reference to drug/alcohol testing and treatment. If an employee declines to participate in the EAP, they shall be immediately subject to disciplinary action as per the Department Rules and Regulations and in accordance with Article IX. If an employee tests positive for drugs and/or alcohol during the twenty-four month period after initial entry into the EAP, they shall be subject to disciplinary action which may include discharge, except as per provided in the Department Rules and Regulations and in accordance with Article IXsection below concerning rehabilitation. The employee opportunity for rehabilitation (rather than discipline) shall be solely responsible granted once for a member who is not involved in any costs, not covered by insurance, which arise from necessary additional counseling drug/alcohol related criminal activity and voluntarily admits to alcohol or treatmentdrug abuse prior to testing. If an employee Any member who voluntarily admits to the Chief his/her use of or dependence upon illegal drugs or alcohol shall be afforded the opportunity to participate in a mutually acceptable rehabilitation program. The first time a member tests positive for drugs and/or or alcohol in the course of random testing, he/she shall have the same opportunity for rehabilitation as does a second member who voluntarily seeks rehabilitation. The opportunity for rehabilitation will only be provided prior to any allegation of impropriety by the public or subsequent timeanother member or prior to initiation of an investigation of the member's use or sale of a controlled substance by any competent state of federal authority. The member shall use accumulated sick or vacation leave for the period of absence for the purpose of obtaining treatment. All treatment will be at the sole expense of the member, to the extent not covered by the member's health benefits plan. As part of any rehabilitation program, the member may be required to undergo periodic screening for drugs or alcohol. If, after completion of a required EAP screening the member has tested positive, he will be immediately suspended and the passing of the twenty-four month quarterly testing period, they shall will be subject to disciplinary action as per the Department Rules and Regulations up to and including discharge and in accordance with Article IX. Any employee who fails to provide a sample or appear for testing under any of the three testing circumstances in Sections B, C, and D of this Article will be considered to have a positive test result for purposes of disciplinary actions in accordance with Article IXdischarge.

Positive Test Results. In the case of alcohol testing, if a covered employee tests at a level greater than .04 grams per 210 liters of breath during the preliminary test, that employee will be immediately relieved from duty and not permitted to return to work for 24 hours following the administration of the test. In the event the 24 hour time period overlaps an employee’s regularly scheduled shiftother than sick or compensatory time, the employee shall use leave in the following order to cover the overlapping time period: vacation and/or holidays; compensatory time; and then sick leave. No further action will be taken until the results of confirmatory blood tests are received through the MRO, if such test has been requested by the bargaining unit member. In the case of a first time positive confirmatory test for alcohol or a positive test for drugs after review by the MRO, appropriate notification and receipt of results as indicated in Section E(4) above, the employee shall be provided the opportunity to participate in and satisfy a rehabilitation treatment program as recommended and administrated by the Employer’s EAP. Employees who complete such rehabilitation program will be re-tested at random times, once every quarter for the following twenty-four months. Treatment and rehabilitation shall be paid for by Any costs over and above any applicable insurance coverage shall be paid for by the employee’s insurance programEmployer for initial treatment and rehabilitation. Employees will be allowed to use any accrued and earned paid time off for the necessary time off involved in the rehabilitation program. Once the employee successfully completes the required rehabilitation treatment, they shall be returned to regular full duty status. Once all follow-up care has been completed, and five (5) years have passed since the employee entered the program, the employee’s personnel file shall be purged of any reference to drug/alcohol testing and treatment. If an employee declines to participate in the EAP, they shall be immediately subject to disciplinary action as per the Department Rules and Regulations and in accordance with Article IXVIII. If an employee tests positive for drugs and/or alcohol during the twenty-four month period after initial entry into the EAP, they shall be subject to disciplinary action as per the Department Rules and Regulations and in accordance with Article IXVIII. The employee shall be solely responsible for any costs, not covered by insurance, which arise from necessary additional counseling or treatment. If an employee tests positive for drugs and/or alcohol a second or subsequent time, after completion of a required EAP and the passing of the twenty-four month quarterly testing period, they shall be subject to disciplinary action as per the Department Rules and Regulations up to and including discharge and in accordance with Article IXVIII. Any employee who fails to provide a sample or appear for testing under any of the three testing circumstances in Sections B, C, and D of this Article will be considered to have a positive test result for purposes of disciplinary actions in accordance with Article IXVIII. G Employee Rights Covered employees who voluntarily seek assistance with drug and/or alcohol related problems, shall not be subject to any disciplinary or adverse employment action by the Employer by reason of seeking such assistance, other than the Employer may require reassignment of the employee with pay if he is then unfit for duty in his current assignment. Such assistance must be sought prior to the provision of any biological sample which results in a positive test for the employee. The Teamsters Local 436 and/or the employee, with or without the Teamsters Local 436, shall have the right to file a grievance concerning any aspect of this Article in accordance with Article X, including, but not limited to: contesting the basis for reasonable suspicion testing under Section C above, contesting the administration of any required test, contesting the significance and accuracy of any test, and contesting the consequences of any required test or result. The Parties agree that this Article is in no way intended to restrict, diminish, or otherwise injure or impair any legal right that an employee may have with regard to such testing. Employees retain any such rights as may exist and may pursue the same at their own discretion, with or without the assistance of the Teamsters Local 436. Any employee who tests positive for drugs and/or alcohol may request, within fourteen (14) days of notification of a positive result, that the separately maintained split portion of the sample that resulted in the positive test be submitted to an independent laboratory, certified as required in Section E (4) above, at the the accuracy of the testing expense for such independent confirmation. defined in Ohio Rev. Code § 149.43 (A)(3) if they are utilized for diagnosis and treatment of a medical condition are therefore not public records subject to release by the Employer. The Employer agrees that any communication, whether verbal, written, electronic or otherwise, made by an employee to any professional involved in an EAP is confidential and privileged. Such communication shall be protected from disclosure unless otherwise legally required. participation in an EAP shall not be disclosed to anyone without written permission from the employee.