Common use of Prevention of Substance Abuse/Employee Rehabilitation Clause in Contracts

Prevention of Substance Abuse/Employee Rehabilitation. (a) Alcoholism shall be recognized and treated as a disease. Bargaining unit employees suffering from alcoholism shall be afforded the opportunity for counseling and rehabilitation through an appropriate County program. Alcohol-related disciplinary problems will not be exclusively dealt with in a punitive fashion. Incidents of apparent substance abuse by bargaining unit employees and/or the need for rehabilitation of bargaining unit employees shall be administered pursuant to Administrative Procedure 4-11, Employee Drug/Alcohol Abuse. (b) Integration of U.S. Department of Transportation Drug and Alcohol Testing Regulations with Contract (1) The implementation of federal regulations (49 CFR Part 40 dated February 15, 1994 and August 19, 1994, and CFR Parts 382, et al., dated February 15, 1994) will not expand, diminish, or alter existing procedures under Administrative Procedure 4-11 relating to employee substance abuse unless it is specifically required by the cited federal regulations. (2) All rights of bargaining unit employees to counseling and rehabilitation for substance abuse problems will not be diminished or altered, unless required by the cited federal regulations. (3) The Employer will provide all employee protections and rights mandated by federal law and Maryland State law. (4) In post-accident and "for cause" situations where an alcohol test is required by law or this Agreement, a breath alcohol test will be conducted rather than a blood alcohol test. (c) Bargaining unit employees who are directed by the Employer to submit to drug and/or alcohol testing shall be permitted to contact a Union representative prior to testing. However, this shall not unreasonably delay the testing and it shall be within the sole discretion of the Employer to complete the testing process.

Appears in 8 contracts

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

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