Common use of PROCEDURE FOR TESTING Clause in Contracts

PROCEDURE FOR TESTING. The Commanding Officer/Superior Officer making the initial determination of reasonable suspicion shall document, in writing, all circumstances, information and facts leading to and supporting the existence of reasonable suspicion. The report will include pertinent dates and times of suspect behavior, reliable/credible sources of information, rationale leading to referral for testing and action(s) taken. The information will be forwarded to the Commanding Officer’s/Superior Officer’s Commanding Officer for review and determination. The determination of reasonable suspicion shall only be made by those employees holding the rank of Lieutenant or above. 1. Those holding the rank of Sergeant or Master Sergeant shall not be required to make any determination of reasonable suspicion but shall be required to provide information and/or testimony where applicable. 2. The Union shall be promptly notified when a determination of reasonable suspicion has been made. Documentation regarding that determination will be made available to the Union, upon request, if approved by the subject employee. 3. An employee’s refusal to submit to testing when directed to do so by a Commanding Officer/Superior Officer will constitute insubordination and the employee will be subject to discipline. In addition, an employee will be required to read and sign a consent and release form authorizing the collection and analysis of a specimen and the release of the test results to the Department. Refusal to sign this form will constitute insubordination and the employee will be subject to discipline. 4. Once an employee has been referred for testing based on reasonable suspicion, it will be the responsibility of the Commanding Officer or Superior Officer to advise the employee of such decision and to escort the employee to the collection facility. The Commanding Officer or Superior Officer shall remain with the employee at the collection site until testing is concluded. If the employee so desires, a Union representative may accompany the employee to the collection facility to act as an observer. The Union representative shall not unreasonably delay nor interfere in any way with the procedures. Once the collection procedures are over the Commanding Officer or Superior Officer shall transport the employee to his/her normal job site and arrange for transportation for the employee to be taken home. The Commanding Officer or Superior Officer shall also notify the employee that the employee is not to return to work pending receipt of the test results. 5. At the time of the drug test, the employee’s urine sample will be divided into two collection bottles (split sampling). If a specimen is reported as positive, the employee, upon written application to the Colonel, and within ten (10) days of the notification of a positive result, may have the untested specimen independently tested by a laboratory, as defined herein. 6. At the time that the employee provides a urine sample, the employee shall also provide a confidential, written statement as to whether the employee is using any prescription drugs. If the test is positive the employee must present evidence of the use of prescription drugs, which shall include all written confirmation from the employee’s prescribing physician, and copies of the prescription.

PROCEDURE FOR TESTING. The Commanding Officer/Superior Officer making Department Director or his or her designees shall make the initial determination of reasonable suspicion and shall document, in writing, all circumstances, information and facts leading to and supporting the existence of reasonable his or her suspicion. The report will include pertinent appropriate dates and times of suspect the suspected behavior, reliable/credible sources of information, rationale leading to referral for testing and action(sactions(s) taken. The information will be forwarded to the Commanding Officer’s/Superior Officer’s Commanding Officer for review and determination. The determination of reasonable suspicion shall only be made by those employees holding the rank of Lieutenant or above. 1. Those holding the rank of Sergeant or Master Sergeant shall not be required to make any determination of reasonable suspicion but shall be required to provide information and/or testimony where applicable. 2. The Union shall be promptly notified immediately by the Department Director or his or her designees when a determination of reasonable suspicion has been made. Documentation is made and will be provided all documentation regarding that determination will be made available determination. The Department Director or his or her designees shall advise the employee of such decision and escort the employee to the Union, upon request, if approved by the subject employee. 3collection facility. An employee’s refusal to submit to testing a test when directed to do so by a Commanding Officer/Superior Officer Department Director or his or her designees will constitute insubordination and the employee will be subject to discipline. In addition, an employee will be required to read and sign a consent and consent-and-release form authorizing the collection and analysis of a the specimen and the release of the test results to the DepartmentCity. Refusal to sign this form will constitute insubordination and the employee will be subject to discipline. 4. Once an In those cases where the immediate supervisor determines that the employee’s condition or behavior causes a potential threat of harm to himself/herself or others, the employee has been referred for testing based on reasonable suspicion, it will be immediately placed on paid administrative leave and immediately escorted by the responsibility of the Commanding Officer or Superior Officer to advise the employee of such decision and to escort the employee immediate supervisor to the collection facility. The Commanding Officer Department Director or Superior Officer shall his or her designees will remain with the employee at the collection site until testing is concludedconcluded except in situations that require the immediate action of the immediate supervisor. If the employee so desires, a Union representative may official shall be notified and accompany the employee to the collection facility to act as an observer. The Union representative shall site, provided the procedures are not unreasonably delay nor interfere delayed or interfered with in any way with the proceduresway. Once the collection procedures are over over, the Commanding Officer Department Director or Superior Officer his or her designees shall transport the employee to his/his or her normal job site and arrange for transportation for the employee to be taken brought home. The Commanding Officer Department Director or Superior Officer his or her designees shall also notify the employee that the employee he or she is not to return to work pending receipt of the test results. 5, or until a determination is made that reasonable suspicion was not substantiated. At the time of the drug test, the employee’s urine sample will be divided into two (2) collection bottles (split sampling). If a specimen is reported as positive, the employee, upon written application to the Colonel, and within ten (10) days of the notification of a positive result, may have the untested specimen independently tested by a laboratory, as defined herein. 6bottles. At the time that the employee provides a urine sample, the employee shall also provide a confidential, written statement as to whether the employee he or she is using any prescription drugs. If the test is positive positive, the employee must present evidence of the use of prescription drugs, drugs which shall include all written confirmation from the employee’s prescribing physician, physician and copies of the prescriptionprescriptions.