Common use of Reasonable Cause Testing Clause in Contracts

Reasonable Cause Testing. All persons designated by this employer who supervise the employees must complete supervisory training in accordance with Part 382.603. When the designated person(s) has reasonable suspicion that an employee is under the influence of drugs or alcohol that employee shall be required to submit to an alcohol and/or drug test. This employer’s determination that reasonable suspicion exists to require the employee to undergo an alcohol and/or drug test must be based on specific contemporaneous, articulable observations concerning the appearance, behavior, speech or body odor of the employee. Alcohol testing is authorized only when observations of the employee are made during, just before or just after the period of the work day the employee is required to be in compliance with Part 382. The employee may be required to undergo reasonable suspicion alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased such functions. If a reasonable cause alcohol test is not conducted within two hours after observing the employee, this employer shall prepare and maintain on file a record stating the reason why the test was not promptly administered. If the test is not conducted within eight hours after observing the employee, this employer shall cease attempts to conduct the test and prepare and maintain on file a record stating the reasons why the test was not administered. No employee shall report for duty or remain on duty when this employer’s designated person(s) has observed the employee as under the influence of alcohol or impaired by alcohol. This employer shall not permit the employee to perform or continue to perform safety-sensitive functions until an alcohol test is conducted and the employee’s alcohol test result is less than .02 or 24 hours have elapsed since this employer’s first suspicion of the employee being under the influence of or impaired by alcohol. Refusal to submit to a reasonable cause test shall be considered a positive test.

Reasonable Cause Testing. All employees will be required to submit to a drug and alcohol test when the Village, through observations made by two Department supervisors, have reasonable suspicion that the employee has used a prohibited drug or misused alcohol contrary to the terms of this policy. All persons designated by this employer the Village who supervise the employees must complete supervisory training in accordance the facts, circumstances, physical evidence, physical signs and symptoms, and patterns of performance and/or behavior associated with Part 382.603drug use and alcohol misuse. When the designated person(s) has reasonable suspicion that an employee is under has violated the influence “Use Prohibited” provision of drugs or alcohol Section 19.3 of this policy, that employee shall be required to submit to an alcohol and/or drug test. This employerThe Village’s determination that reasonable suspicion exists to require the an employee to undergo an alcohol and/or drug test must be based on specific contemporaneous, articulable observations concerning the appearance, behavior, speech speech, or body odor of the employee. Alcohol testing No employee shall report for duty or remain on duty when the Village’s designated person(s) has observed the employee as under the influence of alcohol or impaired by alcohol. The Village shall not permit the employee to perform or continue to perform his/her job duties until an alcohol test is authorized only when observations conducted and the employee’s alcohol test result is less than 0.02 or 24 hours have elapsed since the Village’s first suspicion of the employee are made during, just before being under the influence of or just after the period of the work day the employee is required to be in compliance with Part 382. The employee may be required to undergo reasonable suspicion alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased such functionsimpaired by alcohol. If a reasonable cause alcohol test is not conducted within two hours after observing the employee, this employer the Village shall prepare and maintain on file a record stating the reason why the test was not promptly administered. If the test is not conducted within eight hours after observing the employee, this employer the Village shall cease attempts to conduct the test and prepare and maintain on file a record stating the reasons why the test was not administered. No employee shall report for duty or remain on duty when this employer’s designated person(s) has observed the employee as under the influence of alcohol or impaired by alcohol. This employer shall not permit the employee to perform or continue to perform safety-sensitive functions until an alcohol test is conducted and the employee’s alcohol test result is less than .02 or 24 hours have elapsed since this employer’s first suspicion of the employee being under the influence of or impaired by alcohol. administered Refusal to submit to a reasonable cause test shall be considered a positive test. The reasonable cause observation form must be completed and signed by both of the Village’s designated person(s) who made the observations either within 24 hours of the observed behavior or before the drug test results are released, whichever is earlier.