Probable Cause Testing. An Individual Employer may require an Employee to submit to a drug test as provided for in this Policy if it has probable cause that the Employee is impaired, intoxicated, and/or under the influence of a drug. Probable cause must be based on a trained Management Representative's (preferably not in the bargaining unit) objective observations and must be based upon abnormal coordination, appearance, behavior, absenteeism, speech or odor. The indicators shall be recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol and shall be indicators not reasonably explained as resulting from causes other than the use of such controlled substance and/or alcohol (such as, but not by way of limitation, fatigue, lack of sleep, side effects of proper use of prescription drugs, reaction to noxious fumes or smoke, etc.). Probable cause may not be established, and thus not a basis for testing, if it is based solely on the observations and reports of third parties. The trained Management Representative's observations and conclusions must be confirmed by another trained Management Representative. The grounds for probable cause must be documented by the use of an Incident Report Form (see Form "B" attached). The Management Representative shall give the Employee a completed copy of this Incident Report Form and shall give the Union Representative, if present, a copy of the Incident Report Form before the Employee is required to be tested. After being given a copy of the Incident Report Form, the Employee shall be allowed enough time to read the entire document and to understand the reasons for the test. The Management Representative also shall provide the Employee with 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. If available, the Union Representative shall be present during such explanation and shall be entitled to confer with the Employee before the explanation is required. If the Management Representative(s), after observing the Employee, and hearing any explanation, concludes that there is in fact probable cause to believe that the Employee is under the influence of or impaired by, drugs or alcohol, the Employee may be ordered to submit to a drug test. The Individual Employer shall advise the Employee of his/her right to consult with a Union Representative (including a Xxxxxxx) and allow ...
Probable Cause Testing. The Appointing Authority may request or require an employee to undergo drug and alcohol testing if the Appointing Authority has probable cause related to the performance of the job that the employee:
Probable Cause Testing. The Appointing Authority may request or require a nurse to undergo drug and alcohol testing if the Appointing Authority has probable cause related to the performance of the job that the nurse:
Probable Cause Testing. Upon probable cause, the City will require an employee to be tested for the use of alcohol. Probable cause requirements include facts and circumstances sufficient to warrant a reasonable and prudent person's belief that the individual to be tested more probably than not has used alcohol. The belief must be based upon reliable, specific and objective facts. The employee's conduct must be witnessed by at least two (2) supervisors and/or managerial employees. The witnesses must have received training in observing a person's behavior to determine if a medical evaluation is required. When the supervisors confront an employee, a Union representative should be made available. If no Union representative is available, the employee may select another bargaining unit member to accompany him or her. Documentation of the employee's conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the observed behavior, or before test results are released, whichever is earlier. In addition, a copy will be sent to the Union in a timely manner.
Probable Cause Testing. All bargaining unit employees will be required to immediately submit to blood, breathalyzer and/or urinalysis testing for the detection of alcohol and/or drugs when there is probable cause that the employee has reported to work or has returned to duty with drugs or alcohol in his/her system. When feasible, the signs and symptoms giving rise to the determination of probable cause will be observed by another bargaining unit employee. Employees who engage in prohibited conduct or fail to fully cooperate with the County's enforcement of this policy are subject to suspension and discipline, including discharge for just cause.
Probable Cause Testing. The Employer and the Union have agreed that drugs and alcohol have no place in the workplace. The Company has the right to implement a Drug and Alcohol Program, which includes a Drug and Alcohol Testing Program. If there is probable cause to believe that an employee has reported to work or is working under the influence of drugs or alcohol, he/she will be asked to submit to the testing procedures agreed to by the Employer and the Union. Probable Cause will include witnessed evidence of impairment by two (2) supervisors. Probable Cause is based on, but not limited to, direct observation of one or all of the following behaviors: Slurred speech Disorientation Odor or alcoholic beverage on breath Odor of marijuana Glassy or unusual appearing eyes Sharp mood swings Unsteadiness-unable to walk a straight line The witnesses to "Probable Cause" will exercise his/her best efforts to follow the steps as outlined below:
Probable Cause Testing. In circumstances where the facts are sufficient to constitute a reasonable suspicion that an employee is a user of certain non-prescription controlled substances, the Chief of Police shall have the right to require that employee to submit without delay to a supervised urine drug test. The employee involved shall be advised by the Chief of Police of the facts and circumstances constituting his determination of “probable cause” in each instance. Probable cause shall be based on information of objective facts obtained by the Town of Boxford and the rational inferences which may be drawn from those facts. The credibility of the sources of information, the reliability of the facts or information, the degree of corroboration, the results of Town of Boxford inquiry and/or other factors shall be weighed in determining the presence or absence of probable cause. Such determination shall be made by the Chief of Police in each instance. Notwithstanding the foregoing, determination of probable cause shall comport with constitutional guarantees and limits.
Probable Cause Testing. The parties agree certain raising questions as to the employee's fitness to work. Employees may be required to take a drug and/or alcohol test under the following circumstances:
