Common use of RANDOM DRUG/ALCOHOL TESTING Clause in Contracts

RANDOM DRUG/ALCOHOL TESTING. In addition to the City’s right to conduct Reasonable Suspicion Drug and Alcohol Testing, employees may be drug and alcohol tested randomly. Such random testing protocol shall begin 1/1/2016. Employees will be randomly selected for unannounced drug and/or alcohol testing on an indiscriminate basis that assures that all employees shall have an equal chance of being selected; as a result, some employees may be tested more than once per year while other employees may not be tested at all. Testing may be administered up to 4 times each calendar year at the discretion of the City and 10% of the total pool shall be selected for each test date. When an employee is selected for a random drug and/or alcohol test, the employee shall promptly submit to such test(s). Sergeants and Lieutenants will be placed in the same pool as other Kettering Police Department employees that are subject to random testing. Except as provided herein, all random drug and/or alcohol tests will be provided at the cost of the City. All employees sworn and non-sworn subject to random drug and/or alcohol testing shall be placed in a single pool of Police Department employees. The selected employees will be tested in the least disruptive manner and testing of selected employees shall occur during their assigned shifts on the date of the test(s). The random drug and/or alcohol testing shall be conducted by a certified vendor of the City’s choice. At a minimum, such vendor will be certified by the Department of Health and Human Services (DHHS), or certified by a DHHS recognized certification program, or Substance Abuse and Mental Health Services (SAMHSA), or certified by a SAMHSA-recognized certified program or any other future named agency that has jurisdiction over such standards. The screening panel and acceptable limits for random drug testing shall be consistent with the City’s pre-employment screening panel and acceptable limits in place for Police Department personnel at the time the random drug/alcohol test is conducted. No drug test shall be considered positive until it has been confirmed by a gas chromatography/mass spectrometry full scan test or its equivalent. If the initial drug test is positive for any controlled substance, a confirmation test shall be run on the same sample using the most accurate testing method reasonably available. An employee who tests positive may, at his or her own expense, have another test run on the same sample. If the analysis of the “primary” specimen confirms the presence of an illegal controlled substance, the employee has 72 hours to request that the “split” specimen be retested at the same lab or be sent to another certified laboratory for analysis, at the employee’s expense. In the event that the “split” specimen sample reveals no confirmation of a controlled substance, the City will reimburse the employee for the cost of the “split” sample test. Random alcohol testing shall be conducted by a BAT (Breath Alcohol Test). In determining positive or negative results or removal from performing safety sensitive functions/duties the City will adhere to the standards and guidelines established by the Federal Motor Carrier Safety Administration (FMCSA) or any other future named agency that has jurisdiction over such standards. Employees shall be provided with a copy of such results standards on an annual basis or more frequently in the case of modification of such standards by the applicable agency. If an initial drug test is positive, an employee may be suspended pending receipt of the confirmation test. A positive alcohol and/or positive drug confirmation test shall be deemed a violation. If an employee refuses to submit to a drug and/or alcohol test; or has a positive alcohol test; or a positive drug confirmation test the City may initiate disciplinary action, up to and including dismissal subject to the just cause standard in Article 15 section 4. If an employee has a positive drug and/or alcohol test on a test covered by this Article, the Union, the affected employee, and the City may enter into a “Last Chance Agreement.” A positive random drug and/or alcohol test by itself will not result in a Kettering Police Department initiated prosecution. Information resulting from such tests will not be divulged except to the extent necessary to protect the legitimate interest of the City or to the extent required by law. The Chief may adopt a General Order to administer the random drug and/or alcohol testing program so long as such Order is not in conflict with this Article.

RANDOM DRUG/ALCOHOL TESTING. In addition to the City’s right to conduct Reasonable Suspicion Drug and Alcohol Testing, employees may be drug and alcohol tested randomly. Such random testing protocol shall begin 1/1/2016 and employees will have the opportunity to attend training on the testing process prior to 1/1/2016. Employees will be randomly selected for unannounced drug and/or alcohol testing on an indiscriminate basis that assures that all employees shall have an equal chance of being selected; as a result, some employees may be tested more than once per year while other employees may not be tested at all. Testing may be administered up to 4 times each calendar year at the discretion of the City and 10% of the total pool shall be selected for each test date. The selection of employees from the random pool shall be performed by the City’s certified vendor. When an employee is selected for a random drug and/or alcohol test, the employee shall promptly submit to such test(s). Sergeants and Lieutenants Patrol Officers will be placed in the same pool as other Kettering Police Department employees that are subject to random testing. Except as provided herein, all random drug and/or alcohol tests will be provided at the cost of the City. All employees sworn and non-sworn subject to random drug and/or alcohol testing shall be placed in a single pool of Police Department employees. The selected employees will be tested in the least disruptive manner and testing of selected employees shall occur during their assigned shifts on the date of the test(s). The random drug and/or alcohol testing shall be conducted by a certified vendor of the City’s choice. At a minimum, such vendor will be certified by the Department of Health and Human Services (DHHS), or certified by a DHHS recognized certification program, or Substance Abuse and Mental Health Services (SAMHSA), or certified by a SAMHSA-recognized certified program or any other future named agency that has jurisdiction over such standards. The screening panel and acceptable limits for random drug testing shall be consistent with the City’s pre-employment screening panel and acceptable limits in place for Police Department personnel at the time the random drug/alcohol test is conducted. No drug test shall be considered positive until it has been confirmed by a gas chromatography/mass spectrometry full scan test or its equivalent. If the initial drug test is positive for any controlled substance, a confirmation test shall be run on the same sample using the most accurate testing method reasonably available. An employee who tests positive may, at his or her own expense, have another test run on the same sample. If the analysis of the “primary” specimen confirms the presence of an illegal controlled substance, the employee has 72 hours to request that the “split” specimen be retested at the same lab or be sent to another certified laboratory for analysis, at the employee’s expense. In the event that the “split” specimen sample reveals no confirmation of a controlled substance, the City will reimburse the employee for the cost of the “split” sample test. Random alcohol testing shall be conducted by a BAT (Breath Alcohol Test). In determining positive or negative results or removal from performing safety sensitive functions/duties the City will adhere to the standards and guidelines established by the Federal Motor Carrier Safety Administration (FMCSA) or any other future named agency that has jurisdiction over such standards. Employees shall be provided with a copy of such results standards on an annual basis or more frequently in the case of modification of such standards by the applicable agency. If an initial drug test is positive, an employee may be suspended pending receipt of the confirmation test. A positive alcohol and/or positive drug confirmation test shall be deemed a violation. If an employee refuses to submit to a drug and/or alcohol test; or has a positive alcohol test; or a positive drug confirmation test the City may initiate disciplinary action, up to and including dismissal subject to the just cause standard in Article 15 section 4. If an employee has a positive drug and/or alcohol test on a test covered by this Article, the Union, the affected employee, and the City may enter into a “Last Chance Agreement.” A positive random drug and/or alcohol test by itself will not result in a Kettering Police Department initiated prosecution. Information resulting from such tests will not be divulged except to the extent necessary to protect the legitimate interest of the City or to the extent required by law. The Chief may adopt a General Order to administer the random drug and/or alcohol testing program so long as such Order is not in conflict with this Article.

RANDOM DRUG/ALCOHOL TESTING. In addition to the City’s right to conduct Reasonable Suspicion Drug and Alcohol Testing, employees may be drug and alcohol tested randomly. Such random testing protocol shall begin 1/1/20163/1/2016. Employees will be randomly selected for unannounced drug and/or alcohol testing on an indiscriminate basis that assures that all employees shall have an equal chance of being selected; as a result, some employees may be tested more than once per year while other employees may not be tested at all. Testing may be administered up to 4 times each calendar year at the discretion of the City and 10% of the total pool shall be selected for each test date. When an employee is selected for a random drug and/or alcohol test, the employee shall promptly submit to such test(s). Sergeants and Lieutenants will be placed in the same pool as other Kettering Police Department employees that are subject to random testing. Except as provided herein, all random drug and/or alcohol tests will be provided at the cost of the City. All employees sworn and non-sworn subject to random drug and/or alcohol testing shall be placed in either a single pool of Police Fire Department employeesemployees or by platoon. The selected employees will be tested in the least disruptive manner and testing of selected employees shall occur during their assigned shifts on the date of the test(s)manner. The random drug and/or alcohol testing shall be conducted by a certified vendor of the City’s choice. At a minimum, such vendor will be certified by the Department of Health and Human Services (DHHS), or certified by a DHHS recognized certification program, or Substance Abuse and Mental Health Services (SAMHSA), or certified by a SAMHSA-recognized certified program or any other future named agency that has jurisdiction over such standards. The screening panel and acceptable limits for random drug testing shall be consistent with the City’s pre-employment screening panel and acceptable limits in place for Police Fire Department personnel at the time the random drug/alcohol test is conducted. No drug test shall be considered positive until it has been confirmed by a gas chromatography/mass spectrometry full scan test or its equivalent. If the initial drug test is positive for any controlled substance, a confirmation test shall be run on the same sample using the most accurate testing method reasonably available. An employee who tests positive may, at his or her own expense, have another test run on the same sample. If the analysis of the “primary” specimen confirms the presence of an illegal controlled substance, the employee has 72 hours to request that the “split” specimen be retested at the same lab or be sent to another certified laboratory for analysis, at the employee’s expense. In the event that the “split” specimen sample reveals no confirmation of a controlled substance, the City will reimburse the employee for the cost of the “split” sample test. Random alcohol testing shall be conducted by a BAT (Breath Alcohol Test). In determining positive or negative results or removal from performing safety sensitive functions/duties the City will adhere to the standards and guidelines established by the Federal Motor Carrier Safety Administration (FMCSA) or any other future named agency that has jurisdiction over such standards. Employees shall be provided with a copy of such results standards on an annual basis or more frequently in the case of modification of such standards by the applicable agency. If an initial drug test is positive, an employee may be suspended pending receipt of the confirmation test. A positive alcohol and/or positive drug confirmation test shall be deemed a violation. If an employee refuses to submit to a drug and/or alcohol test; or has a positive alcohol test; or a positive drug confirmation test the City may initiate disciplinary action, up to and including dismissal subject to the a just cause standard in Article 15 section 4standard. If an employee has a positive drug and/or alcohol test on a test covered by this Article, the Union, the affected employee, and the City may enter into a “Last Chance Agreement.” A positive random drug and/or alcohol test by itself will not result in a Kettering Police Department initiated prosecution. Information resulting from such tests will not be divulged except to the extent necessary to protect the legitimate interest of the City or to the extent required by law. The Chief may adopt a General Order an Administrative Policy to administer the random drug and/or alcohol testing program so long as such Order Policy is not in conflict with this Article.

RANDOM DRUG/ALCOHOL TESTING. In addition to the City’s right to conduct Reasonable Suspicion Drug and Alcohol Testing, employees may be drug and alcohol tested randomly. Such random testing protocol shall begin 1/1/2016 and employees will have the opportunity to attend training on the testing process prior to 1/1/2016. Employees will be randomly selected for unannounced drug and/or alcohol testing on an indiscriminate basis that assures that all employees shall have an equal chance of being selected; as a result, some employees may be tested more than once per year while other employees may not be tested at all. Testing may be administered up to 4 times each calendar year at the discretion of the City and 10% of the total pool shall be selected for each test date. The selection of employees from the random pool shall be performed by the City’s certified vendor. When an employee is selected for a random drug and/or alcohol test, the employee shall promptly submit to such test(s). Sergeants and Lieutenants Dispatchers will be placed in the same pool as other Kettering Police Department employees that are subject to random testing. Except as provided herein, all random drug and/or alcohol tests will be provided at the cost of the City. All employees sworn and non-sworn subject to random drug and/or alcohol testing shall be placed in a single pool of Police Department employees. The selected employees will be tested in the least disruptive manner and testing of selected employees shall occur during their assigned shifts on the date of the test(s). The random drug and/or alcohol testing shall be conducted by a certified vendor of the City’s choice. At a minimum, such vendor will be certified by the Department of Health and Human Services (DHHS), or certified by a DHHS recognized certification program, or Substance Abuse and Mental Health Services (SAMHSA), or certified by a SAMHSA-recognized certified program or any other future named agency that has jurisdiction over such standards. The screening panel and acceptable limits for random drug testing shall be consistent with the City’s pre-employment screening panel and acceptable limits in place for Police Department personnel at the time the random drug/alcohol test is conducted. No drug test shall be considered positive until it has been confirmed by a gas chromatography/mass spectrometry full scan test or its equivalent. If the initial drug test is positive for any controlled substance, a confirmation test shall be run on the same sample using the most accurate testing method reasonably available. An employee who tests positive may, at his or her own expense, have another test run on the same sample. If the analysis of the “primary” specimen confirms the presence of an illegal controlled substance, the employee has 72 hours to request that the “split” specimen be retested at the same lab or be sent to another certified laboratory for analysis, at the employee’s expense. In the event that the “split” specimen sample reveals no confirmation of a controlled substance, the City will reimburse the employee for the cost of the “split” sample test. Random alcohol testing shall be conducted by a BAT (Breath Alcohol TestTest (BAT). In determining positive or negative results or removal from performing safety sensitive functions/duties the City will adhere to the standards and guidelines established by the Federal Motor Carrier Safety Administration (FMCSA) or any other future named agency that has jurisdiction over such standards. Employees shall be provided with a copy of such results standards on an annual basis or more frequently in the case of modification of such standards by the applicable agency. If an initial drug test is positive, an employee may be suspended pending receipt of the confirmation test. A positive alcohol and/or positive drug confirmation test shall be deemed a violation. If an employee refuses to submit to a drug and/or alcohol test; or has a positive alcohol test; or a positive drug confirmation test the City may initiate disciplinary action, up to and including dismissal subject to the a just cause standard in Article 15 section 4standard. If an employee has a positive drug and/or alcohol test on a test covered by this Article, the Union, the affected employee, and the City may enter into a “Last Chance Agreement.” A positive random drug and/or alcohol test by itself will not result in a Kettering Police Department initiated prosecution. Information resulting from such tests will not be divulged except to the extent necessary to protect the legitimate interest of the City or to the extent required by law. The Chief may adopt a General Order to administer the random drug and/or alcohol testing program so long as such Order is not in conflict with this Article.

RANDOM DRUG/ALCOHOL TESTING. In addition to the City’s right to conduct Reasonable Suspicion Drug and Alcohol Testing, employees may be drug and alcohol tested randomly. Such random testing protocol shall begin 1/1/2016. Employees will be randomly selected for unannounced drug and/or alcohol testing on an indiscriminate basis that assures that all employees shall have an equal chance of being selected; as a result, some employees may be tested more than once per year while other employees may not be tested at all. Testing may be administered up to 4 times each calendar year at the discretion of the City and 10% of the total pool shall be selected for each test date. When an employee is selected for a random drug and/or alcohol test, the employee shall promptly submit to such test(s). Sergeants and Lieutenants will be placed in the same pool as other Kettering Police Department employees that are subject to random testing. Except as provided herein, all random drug and/or alcohol tests will be provided at the cost of the City. All employees sworn and non-sworn subject to random drug and/or alcohol testing shall be placed in either a single pool of Police Fire Department employeesemployees or by platoon. The selected employees will be tested in the least disruptive manner and testing of selected employees shall occur during their assigned shifts on the date of the test(s)manner. The random drug and/or alcohol testing shall be conducted by a certified vendor of the City’s choice. At a minimum, such vendor will be certified by the Department of Health and Human Services (DHHS), or certified by a DHHS recognized certification program, or Substance Abuse and Mental Health Services (SAMHSA), or certified by a SAMHSA-recognized certified program or any other future named agency that has jurisdiction over such standards. The screening panel and acceptable limits for random drug testing shall be consistent with the City’s pre-employment screening panel and acceptable limits in place for Police Fire Department personnel at the time the random drug/alcohol test is conducted. No drug test shall be considered positive until it has been confirmed by a gas chromatography/mass spectrometry full scan test or its equivalent. If the initial drug test is positive for any controlled substance, a confirmation test shall be run on the same sample using the most accurate testing method reasonably available. An employee who tests positive may, at his or her own expense, have another test run on the same sample. If the analysis of the “primary” specimen confirms the presence of an illegal controlled substance, the employee has 72 hours to request that the “split” specimen be retested at the same lab or be sent to another certified laboratory for analysis, at the employee’s expense. In the event that the “split” specimen sample reveals no confirmation of a controlled substance, the City will reimburse the employee for the cost of the “split” sample test. Random alcohol testing shall be conducted by a BAT (Breath Alcohol Test). In determining positive or negative results or removal from performing safety sensitive functions/duties the City will adhere to the standards and guidelines established by the Federal Motor Carrier Safety Administration (FMCSA) or any other future named agency that has jurisdiction over such standards. Employees shall be provided with a copy of such results standards on an annual basis or more frequently in the case of modification of such standards by the applicable agency. If an initial drug test is positive, an employee may be suspended pending receipt of the confirmation test. A positive alcohol and/or positive drug confirmation test shall be deemed a violation. If an employee refuses to submit to a drug and/or alcohol test; or has a positive alcohol test; or a positive drug confirmation test the City may initiate disciplinary action, up to and including dismissal subject to the a just cause standard in Article 15 section 4standard. If an employee has a positive drug and/or alcohol test on a test covered by this Article, the Union, the affected employee, and the City may enter into a “Last Chance Agreement.” A positive random drug and/or alcohol test by itself will not result in a Kettering Police Department initiated prosecution. Information resulting from such tests will not be divulged except to the extent necessary to protect the legitimate interest of the City or to the extent required by law. The Chief may adopt a General Order an Administrative Policy to administer the random drug and/or alcohol testing program so long as such Order Policy is not in conflict with this Article.

RANDOM DRUG/ALCOHOL TESTING. In addition to the City’s right to conduct Reasonable Suspicion Drug and Alcohol Testing, employees may be drug and alcohol tested randomly. Such random testing protocol shall begin 1/1/2016no later than January 1, 2019. Employees will be randomly selected for unannounced drug and/or alcohol testing on an indiscriminate basis that assures that all employees shall have an equal chance of being selected; as a result, some employees may be tested more than once per year while other employees may not be tested at all. Testing may be administered up to 4 times each calendar year at the discretion of the City and 10% of the total pool shall be selected for each test date. When an employee is selected for a random drug and/or alcohol test, the employee shall promptly submit to such test(s). Sergeants and Lieutenants will be placed in the same pool as other Kettering Police Department employees that are subject to random testing. Except as provided herein, all random drug and/or alcohol tests will be provided at the cost of the City. All employees sworn and non-sworn subject to random drug and/or alcohol testing shall be placed in either a single pool of Police Fire Department employeesemployees or by platoon. The selected employees will be tested in the least disruptive manner and testing of selected employees shall occur during their assigned shifts on the date of the test(s)manner. The random drug and/or alcohol testing shall be conducted by a certified vendor of the City’s choice. At a minimum, such vendor will be certified by the Department of Health and Human Services (DHHS), or certified by a DHHS recognized certification program, or Substance Abuse and Mental Health Services (SAMHSA), or certified by a SAMHSA-recognized certified program or any other future named agency that has jurisdiction over such standards. The screening panel and acceptable limits for random drug testing shall be consistent with the City’s pre-employment screening panel and acceptable limits in place for Police Fire Department personnel at the time the random drug/alcohol test is conducted. No drug test shall be considered positive until it has been confirmed by a gas chromatography/mass spectrometry full scan test or its equivalent. If the initial drug test is positive for any controlled substance, a confirmation test shall be run on the same sample using the most accurate testing method reasonably available. An employee who tests positive may, at his or her own expense, have another test run on the same sample. If the analysis of the “primary” specimen confirms the presence of an illegal controlled substance, the employee has 72 hours to request that the “split” specimen be retested at the same lab or be sent to another certified laboratory for analysis, at the employee’s expense. In the event that the “split” specimen sample reveals no confirmation of a controlled substance, the City will reimburse the employee for the cost of the “split” sample test. Random alcohol testing shall be conducted by a BAT (Breath Alcohol Test). In determining positive or negative results or removal from performing safety sensitive functions/duties the City will adhere to the standards and guidelines established by the Federal Motor Carrier Safety Administration (FMCSA) or any other future named agency that has jurisdiction over such standards. Employees shall be provided with a copy of such results standards on an annual basis or more frequently in the case of modification of such standards by the applicable agency. If an initial drug test is positive, an employee may be suspended pending receipt of the confirmation test. A positive alcohol and/or positive drug confirmation test shall be deemed a violation. If an employee refuses to submit to a an drug and/or alcohol test; or has a positive alcohol test; or a positive drug confirmation test the City may initiate disciplinary action, up to and including dismissal subject to the a just cause standard in Article 15 section 4standard. If an employee has a positive drug and/or alcohol test on a test covered by this Article, the Union, the affected employee, and the City may enter into a “Last Chance Agreement.” A positive random drug and/or alcohol test by itself will not result in a Kettering Police Department initiated prosecution. Information resulting from such tests will not be divulged except to the extent necessary to protect the legitimate interest of the City or to the extent required by law. The Chief may adopt a General Order an Administrative Policy to administer the random drug and/or alcohol testing program so long as such Order Policy is not in conflict with this Article.

RANDOM DRUG/ALCOHOL TESTING. In addition to the City’s right to conduct Reasonable Suspicion Drug and Alcohol Testing, employees may be drug and alcohol tested randomly. Such random testing protocol shall begin 1/1/2016. Employees will be randomly selected for unannounced drug and/or alcohol testing on an indiscriminate basis that assures that all employees shall have an equal chance of being selected; as a result, some employees may be tested more than once per year while other employees may not be tested at all. Testing may be administered up to 4 times each calendar year at the discretion of the City and 10% of the total pool shall be selected for each test date. When an employee is selected for a random drug and/or alcohol test, the employee shall promptly submit to such test(s). Sergeants and Lieutenants will be placed in the same pool as other Kettering Police Department employees that are subject to random testing. Except as provided herein, all random drug and/or alcohol tests will be provided at the cost of the City. All employees sworn and non-sworn subject to random drug and/or alcohol testing shall be placed in a single pool of Police Department employees. The selected employees will be tested in the least disruptive manner and testing of selected employees shall occur during their assigned shifts on the date of the test(s). The random drug and/or alcohol testing shall be conducted by a certified vendor of the City’s choice. At a minimum, such vendor will be certified by the Department of Health and Human Services (DHHS), or certified by a DHHS recognized certification program, or Substance Abuse and Mental Health Services (SAMHSA), or certified by a SAMHSA-recognized certified program or any other future named agency that has jurisdiction over such standards. The screening panel and acceptable limits for random drug testing shall be consistent with the City’s pre-employment screening panel and acceptable limits in place for Police Department personnel at the time the random drug/alcohol test is conducted. No drug test shall be considered positive until it has been confirmed by a gas chromatography/mass spectrometry full scan test or its equivalent. If the initial drug test is positive for any controlled substance, a confirmation test shall be run on the same sample using the most accurate testing method reasonably available. An employee who tests positive may, at his or her their own expense, have another test run on the same sample. If the analysis of the “primary” specimen confirms the presence of an illegal controlled substance, the employee has 72 hours to request that the “split” specimen be retested at the same lab or be sent to another certified laboratory for analysis, at the employee’s expense. In the event that the “split” specimen sample reveals no confirmation of a controlled substance, the City will reimburse the employee for the cost of the “split” sample test. Random alcohol testing shall be conducted by a BAT (Breath Alcohol Test). In determining positive or negative results or removal from performing safety sensitive functions/duties the City will adhere to the standards and guidelines established by the Federal Motor Carrier Safety Administration (FMCSA) or any other future named agency that has jurisdiction over such standards. Employees shall be provided with a copy of such results standards on an annual basis or more frequently in the case of modification of such standards by the applicable agency. If an initial drug test is positive, an employee may be suspended pending receipt of the confirmation test. A positive alcohol and/or positive drug confirmation test shall be deemed a violation. If an employee refuses to submit to a drug and/or alcohol test; or has a positive alcohol test; or a positive drug confirmation test the City may initiate disciplinary action, up to and including dismissal subject to the just cause standard in Article 15 section 4. If an employee has a positive drug and/or alcohol test on a test covered by this Article, the Union, the affected employee, and the City may enter into a “Last Chance Agreement.” A positive random drug and/or alcohol test by itself will not result in a Kettering Police Department initiated prosecution. Information resulting from such tests will not be divulged except to the extent necessary to protect the legitimate interest of the City or to the extent required by law. The Chief may adopt a General Order to administer the random drug and/or alcohol testing program so long as such Order is not in conflict with this Article.

RANDOM DRUG/ALCOHOL TESTING. In addition to the City’s right to conduct Reasonable Suspicion Drug and Alcohol Testing, employees may be drug and alcohol tested randomly. Such random testing protocol shall begin 1/1/20163/1/2016. Employees will be randomly selected for unannounced drug and/or alcohol testing on an indiscriminate basis that assures that all employees shall have an equal chance of being selected; as a result, some employees may be tested more than once per year while other employees may not be tested at all. Testing may be administered up to 4 times each calendar year at the discretion of the City and 10% of the total pool shall be selected for each test date. When an employee is selected for a random drug and/or alcohol test, the employee shall promptly submit to such test(s). Sergeants and Lieutenants will be placed in the same pool as other Kettering Police Department employees that are subject to random testing. Except as provided herein, all random drug and/or alcohol tests will be provided at the cost of the City. All employees sworn and non-sworn subject to random drug and/or alcohol testing shall be placed in either a single pool of Police Fire Department employeesemployees or by platoon. The selected employees will be tested in the least disruptive manner and testing of selected employees shall occur during their assigned shifts on the date of the test(s)manner. The random drug and/or alcohol testing shall be conducted by a certified vendor of the City’s choice. At a minimum, such vendor will be certified by the Department of Health and Human Services (DHHS), or certified by a DHHS recognized certification program, or Substance Abuse and Mental Health Services (SAMHSA), or certified by a SAMHSA-recognized certified program or any other future named agency that has jurisdiction over such standards. The screening panel and acceptable limits for random drug testing shall be consistent with the City’s pre-employment screening panel and acceptable limits in place for Police Fire Department personnel at the time the random drug/alcohol test is conducted. No drug test shall be considered positive until it has been confirmed by a gas chromatography/mass spectrometry full scan test or its equivalent. If the initial drug test is positive for any controlled substance, a confirmation test shall be run on the same sample using the most accurate testing method reasonably available. An employee who tests positive may, at his or her own expense, have another test run on the same sample. If the analysis of the “primary” specimen confirms the presence of an illegal controlled substance, the employee has 72 hours to request that the “split” specimen be retested at the same lab or be sent to another certified laboratory for analysis, at the employee’s expense. In the event that the “split” specimen sample reveals no confirmation of a controlled substance, the City will reimburse the employee for the cost of the “split” sample test. Random alcohol testing shall be conducted by a BAT (Breath Alcohol Test). In determining positive or negative results or removal from performing safety sensitive functions/duties the City will adhere to the standards and guidelines established by the Federal Motor Carrier Safety Administration (FMCSA) or any other future named agency that has jurisdiction over such standards. Employees shall be provided with a copy of such results standards on an annual basis or more frequently in the case of modification of such standards by the applicable agency. If an initial drug test is positive, an employee may be suspended pending receipt of the confirmation test. A positive alcohol and/or positive drug confirmation test shall be deemed a violation. If an employee refuses to submit to a drug and/or alcohol test; or has a positive alcohol test; or a positive drug confirmation test the City may initiate disciplinary action, up to and including dismissal subject to the just cause standard in Article 15 section 4. If an employee has a positive drug and/or alcohol test on a test covered by this Article, the Union, the affected employee, and the City may enter into a “Last Chance Agreement.” A positive random drug and/or alcohol test by itself will not result in a Kettering Police Department initiated prosecution. Information resulting from such tests will not be divulged except to the extent necessary to protect the legitimate interest of the City or to the extent required by law. The Chief may adopt a General Order to administer the random drug and/or alcohol testing program so long as such Order is not in conflict with this Article.