Common use of Probable Suspicion Testing Clause in Contracts

Probable Suspicion Testing. Employees subject to DOT probable suspicion alcohol testing under this Appendix shall be tested in accordance with current, applicable DOT regulations. For all purposes herein, the parties agree that the terms "probable suspicion" and "reasonable cause" shall be synonymous. Probable suspicion is defined as an employee's specific observable appearance, behavior, speech or body odor that clearly indicates the need for probable suspicion alcohol testing. In the event the Employer is unable to determine whether the abnormal behavior or appearance is due to alcohol or drugs, the Employer shall specify that the basis for any disciplinary action or testing is for alcohol and/or drug intoxication. In such cases, the employee shall be tested in accordance with Section A, and applicable DOT alcohol testing regulations. In cases where an employee has specific, observable, abnormal indicators regarding appearance, behavior, speech or body odor, and at least one (1) supervisor, two (2) if available, have probable suspicion to believe that the employee is under the influence of alcohol, the Employer may require the employee, in the presence of a union shop ▇▇▇▇▇▇▇ or other employee requested by the employee under observation, to submit to a breath alcohol test. Suspicion is not probable and thus not a basis for testing if it is based solely on third party observation and reports. The supervisor(s) must make a written statement of these observations within twenty-four (24) hours. Upon request, a copy must be provided to the shop ▇▇▇▇▇▇▇ or other union official after the employee is discharged or suspended or taken out of service. All supervisors and Employer representatives designated to determine whether probable suspicion exists to require an employee to undergo alcohol testing shall receive specific training on the physical, behavioral, speech and performance indicators of how to detect probable suspicion alcohol misuse and use of controlled substances as required by DOT regulations. In the event the Employer requires a probable suspicion test, the Employer shall provide transportation to and from the testing location.

Probable Suspicion Testing. Employees subject to DOT probable suspicion alcohol testing under this Appendix Section shall be tested in accordance with current, applicable DOT regulations. For all purposes herein, the parties agree that the terms "“probable suspicion" ” and "“reasonable cause" ” shall be synonymous. Probable suspicion is defined as an employee's ’s specific observable appearance, behavior, speech or body odor that clearly indicates the need for probable suspicion alcohol testing. In the event the Employer is unable to determine whether the abnormal behavior or appearance is due to alcohol or drugs, the Employer shall specify that the basis for any disciplinary action or testing is for “alcohol and/or drug intoxication. .” In such cases, the employee shall be tested in accordance with Appendix A, Section A3(a), and applicable DOT alcohol testing regulations. In cases where an employee has specific, observable, abnormal indicators regarding appearance, behavior, speech or body odor, and at least one (1) supervisor, two (2) if available, have probable suspicion to believe that the employee is under the influence of alcohol, the Employer may require the employee, in the presence of a union shop ▇▇▇▇▇▇▇ or other employee requested by the employee under observation, to submit to a breath alcohol test. Suspicion is not probable and thus not a basis for testing if it is based solely on third (3rd) party observation and reports. The supervisor(s) must make a written statement of these observations within twenty-four (24) hours. Upon request, a copy must be provided to the shop ▇▇▇▇▇▇▇ or other union official after the employee is discharged or suspended or taken out of service. All supervisors and Employer representatives designated to determine whether probable suspicion exists to require an employee to undergo alcohol testing shall receive specific training on the physical, behavioral, speech and performance indicators of how to detect probable suspicion alcohol misuse and use of controlled substances as required by DOT regulations. In the event the Employer requires a probable suspicion test, the Employer shall provide transportation to and from the testing location.

Probable Suspicion Testing. Employees subject to DOT probable suspicion alcohol testing under this Appendix shall be tested in accordance with current, applicable DOT regulations. For all purposes herein, the parties agree that the terms "probable suspicion" and "reasonable cause" shall be synonymous. Probable suspicion is defined as an employee's specific observable appearance, behavior, speech or body odor that clearly indicates the need for probable suspicion alcohol testing. In the event the Employer is unable to determine whether the abnormal behavior or appearance is due to alcohol or drugs, the Employer shall specify that the basis for any disciplinary action or testing is for alcohol and/or drug intoxication. In such cases, the employee shall be tested in accordance with Section A, and applicable DOT alcohol testing regulations. In cases where in which an employee has specific, observable, is acting in an abnormal indicators regarding appearance, behavior, speech or body odor, manner and at least one (1) supervisor, two (2) if available, have probable suspicion to believe that the employee is under the influence of alcoholcontrolled substances, the Employer may require the employee, employee (in the presence of a union shop ▇▇▇▇steward, if possible) to go to a medical clinic to provide both urine and blood specimens for laboratory testing. The supervisor(s) must have received training in the signs of drug intoxication in a prescribed training program which is endorsed by the Employer. Probable suspicion means suspicion based on specific personal observations that the Employer representative (s) can describe concerning the appearance, behavior, speech or breath odor of the employee. ▇▇▇ ▇upervisor(s) must make a written statement of these observations within twenty-four (24) hours. A copy must be provided to the shop steward or other employee requested by union official after the employee under observation, to submit to a breath alcohol testis discharged. Suspicion is not probable and thus not a basis for testing if it is based solely on third (3rd) party observation and reports. The supervisor(s) must make If requested, the employee will sign a written statement consent form authorizing the clinic to withdraw specimens of these observations within twenty-four (24) hours. Upon requestblood and urine and release the results of the urine laboratory testing to his/her Employer's Medical Review Officer, a copy must be provided to in the shop case of DOT covered employees, and the blood ▇▇▇▇▇▇▇ results to the Employer, but shall not be required to waive any claim or other union official after cause of action under the law. For all purposes herein, the parties agree that the terms "probable suspicion" and "reasonable cause" shall be synonymous. An employee may raise an affirmative defense that the positive blood test result was attributable to the proper use of a prescription medication. If the employee is discharged or suspended or taken out of service. All supervisors and Employer representatives designated raises such a defense to determine whether probable suspicion exists to require an the Company, at the employee's request, the Company shall refer the employee to undergo alcohol testing shall receive specific training on a qualified physician to discuss the physical, behavioral, speech employee's explanation for the positive blood test result. The qualified physician may decide that there is a legitimate explanation and performance indicators declare the blood drug test to be negative. The employee may be required to provide evidence that a prescription has been lawfully prescribed by a physician. A refusal to provide either specimen will constitute a presumption of how intoxication and the employee will be subject to detect probable suspicion alcohol misuse and use discharge without the receipt of controlled substances as required by DOT regulationsa prior warning letter. In the event the Employer requires case of a probable suspicion test, the Employer shall provide transportation to and from the testing location.non-DOT

Probable Suspicion Testing. Employees subject to DOT probable suspicion alcohol testing under this Appendix Section shall be tested in accordance with current, applicable DOT regulations. For all purposes herein, the parties agree that the terms "probable suspicion" and "reasonable cause" shall be synonymous. Probable suspicion is defined as an employee's specific observable appearance, behavior, speech or body odor that clearly indicates the need for probable suspicion alcohol testing. In the event the Employer is unable to determine whether the abnormal behavior or appearance is due to alcohol or drugs, the Employer shall specify that the basis for any disciplinary action or testing is for "alcohol and/or drug intoxication. ." In such cases, the employee shall be tested in accordance with Article 35, Section 3 A, and applicable DOT alcohol testing regulations. In cases where an employee has specific, observable, abnormal indicators regarding appearance, behavior, speech or body odor, and at least one (1) supervisor, two (2) if available, have probable suspicion to believe that the employee is under the influence of alcohol, the Employer may require the employee, in the presence of a union shop ▇▇▇▇stew▇▇▇ or ▇▇ other employee requested by the employee under observation, to submit to a breath alcohol test. Suspicion is not probable and thus not a basis for testing if it is based solely on third party observation and reports. The supervisor(s) must make a written statement of these observations within twenty-four (24) hours. Upon request, a copy must be provided to the shop ▇▇▇▇stew▇▇▇ or ▇▇ other union official after the employee is discharged or suspended or taken out of service. All supervisors and Employer representatives designated to determine whether probable suspicion exists to require an employee to undergo alcohol testing shall receive specific training on the physical, behavioral, speech and performance indicators of how to detect probable suspicion alcohol misuse and use of controlled substances as required by DOT regulations. In the event the Employer requires a probable suspicion test, the Employer shall provide transportation to and from the testing location.

Probable Suspicion Testing. Employees subject to DOT probable suspicion alcohol testing under this Appendix Section shall be tested in accordance with current, applicable DOT regulations. For all purposes herein, the parties agree that the terms "“probable suspicion" ” and "“reasonable cause" ” shall be synonymous. Probable suspicion is defined as an employee's ’s specific observable appearance, behavior, speech or body odor that clearly indicates the need for probable suspicion alcohol testing. In the event the Employer is unable to determine whether the abnormal behavior or appearance is due to alcohol or drugs, the Employer shall specify that the basis for any disciplinary action or testing is for alcohol and/or drug intoxication. In such cases, the employee shall be tested in accordance with Article 35, Section 3 A, and applicable DOT alcohol testing regulations. In cases where an employee has specific, observable, abnormal indicators regarding appearance, behavior, speech or body odor, and at least one (1) supervisor, two (2) if available, have probable suspicion to believe that the employee is under the influence of alcohol, the Employer may require the employee, in the presence of a union shop ▇s▇▇▇▇▇▇ or other employee requested by the employee under observation, to submit to a breath alcohol test. Suspicion is not probable and thus not a basis for testing if it is based solely on third party observation and reports. The supervisor(s) must make a written statement of these observations within twenty-four (24) hours. Upon request, a copy must be provided to the shop ▇s▇▇▇▇▇▇ or other union official after the employee is discharged or suspended or taken out of service. All supervisors and Employer representatives designated to determine whether probable suspicion exists to require an employee to undergo alcohol testing shall receive specific training on the physical, behavioral, speech and performance indicators of how to detect probable suspicion alcohol misuse and use of controlled substances as required by DOT regulations. In the event the Employer requires a probable suspicion test, the Employer shall provide transportation to and from the testing location.