Common use of Reasonable Suspicion Testing Clause in Contracts

Reasonable Suspicion Testing. a. Reasonable suspicion to test a Covered Employee will exist when contemporaneous, articulable and specific observations concerning the symptoms or manifestations of impairment can be made. These observations shall be documented on the Reasonable Suspicion Report Form attached to this Appendix as Exhibit B. At least three (3) indicia of drug or alcohol impairment must exist, in two (2) separate categories, as listed on the Reasonable Suspicion Report Form. In the alternative, the employer representatives must confirm direct evidence of drug or alcohol impairment as listed on the Reasonable Suspicion Report Form. b. Any individual or employee may report another employee who may appear to that individual or employee to be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or drug use or impairment in the workplace, two (2) trained supervisory employer representatives will independently verify the basis for the suspicion and request testing in person. The first employer representative shall verify and document the employee’s appearance and behavior and, if appropriate, recommend testing to the second employer representative. The second employer representative shall verify the contemporaneous basis for the suspicion. If reasonable suspicion to test a Covered Employee arises between 11:00 p.m. and 7:00 a.m., or at a location outside the geographic boundaries of the City and County of San Francisco (excluding San Francisco International Airport), and where a second trained supervisory employer representative cannot reasonably get to the location within thirty (30) minutes, then the second employer representative shall not be required to verify the basis for the suspicion in person, but instead shall verify by telephone or email. After completing the verification, and consulting with the first employer representative, the second employer representative has final authority to require that the Covered Employee be tested. c. If the City requires an employee under reasonable suspicion to be tested, then the employee may ask for representation. Representation may include, but is not limited to, union representatives and shop stewards. If the employee requests representation, the City shall allow a reasonable amount of time from the time the employee is notified that the employee will be tested (up to a maximum of one hour) for the employee to obtain representation. Such request shall not delay the administration of the tests for more than one hour from the time the employee is notified that the employee will be tested. d. Department representative(s) shall document the incident. If a Covered Employee Refuses to Submit to testing, then the City shall treat the refusal as a positive test, and shall take appropriate disciplinary action pursuant to the attached discipline matrix.

Reasonable Suspicion Testing. a. Reasonable suspicion to test a Covered Employee will exist when contemporaneous, articulable and specific observations concerning the symptoms or manifestations of impairment can be made. These observations shall be documented on the Reasonable Suspicion Report Form attached to this Appendix as Exhibit B. At least three (3) indicia of drug or alcohol impairment must exist, in two (2) separate categories, as listed on the Reasonable Suspicion Report Form. In the alternative, the employer representatives must confirm direct evidence of drug or alcohol impairment as listed on the Reasonable Suspicion Report Form. b. Any individual or employee may report another employee who may appear to that individual or employee to be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or drug use or impairment in the workplace, two (2) trained supervisory employer representatives will independently verify the basis for the suspicion and request testing in person. The first employer representative shall verify and document the employee’s appearance and behavior and, if appropriate, recommend testing to the second employer representative. The second employer representative shall verify the contemporaneous basis for the suspicion. If reasonable suspicion to test a Covered Employee arises between 11:00 p.m. and 7:00 a.m., or at a location outside the geographic boundaries of the City and County of San Francisco (excluding San Francisco International Airport), and where a second trained supervisory employer representative cannot reasonably get to the location within thirty (30) minutes, then the second employer representative shall not be required to verify the basis for the suspicion in person, but instead shall verify by telephone or email. After completing the verification, and consulting with the first employer representative, the second employer representative has final authority to require that the Covered Employee be tested. c. If the City requires an employee under reasonable suspicion to be tested, then the employee may ask for representation. Representation may include, but is not limited to, union representatives and shop stewards. If the employee requests representation, the City shall allow a reasonable amount of time from the time the employee is notified that the employee he or she will be tested (up to a maximum of one hour) for the employee to obtain representation. Such request shall not delay the administration of the tests for more than one hour from the time the employee is notified that the employee he or she will be tested. d. Department representative(s) shall document the incident. If a Covered Employee Refuses to Submit to testing, then the City shall treat the refusal as a positive test, and shall take appropriate disciplinary action pursuant to the attached discipline matrix.

Reasonable Suspicion Testing. a. Reasonable suspicion to test a Covered Employee will exist when contemporaneous, articulable and specific observations concerning the symptoms or manifestations of impairment can be made. These observations shall be documented on the Reasonable Suspicion Report Form attached to this Appendix as Exhibit B. At least three (3) indicia of drug or alcohol impairment must exist, in two (2) separate categories, as listed on the Reasonable Suspicion Report Form. In the alternative, the employer representatives must confirm direct evidence of drug or alcohol impairment as listed on the Reasonable Suspicion Report Form. b. Any individual or employee may report another employee who may appear to that individual or employee to be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or drug use or impairment in the workplace, two (2) trained supervisory employer representatives will independently verify the basis for the suspicion and request testing in person. The first employer representative shall verify and document the employee’s appearance and behavior and, if appropriate, recommend testing to the second employer representative. The second employer representative shall verify the contemporaneous basis for the suspicion. If reasonable suspicion to test a Covered Employee arises between 11:00 p.m. and 7:00 a.m., or at a location outside the geographic boundaries of the City and County of San Francisco (excluding San Francisco International Airport), and where a second trained supervisory employer representative cannot reasonably get to the location within thirty (30) minutes, then the second employer representative shall not be required to verify the basis for the suspicion in person, but instead shall verify by telephone or email. After completing the verification, and consulting with the first employer representative, the second employer representative has final authority to require that the Covered Employee be tested. c. If the City requires an employee under reasonable suspicion to be tested, then the employee may ask for representation. Representation may include, but is not limited to, union representatives and shop stewards. If the employee requests representation, the City shall allow a reasonable amount of time from the time the employee is notified that of the employee will be tested test (up to a maximum of one hour) for the employee to obtain representation. Such request shall not delay the administration of the tests for more than one hour from the time the employee is notified that the employee they will be tested. d. Department representative(s) shall document the incident. If a Covered Employee Refuses to Submit to testing, then the City shall treat the refusal as a positive test, and shall take appropriate disciplinary action pursuant to the attached discipline matrix.

Reasonable Suspicion Testing. a. Reasonable suspicion A. Employees may be subject to test drug and alcohol testing when there is a Covered Employee will exist when contemporaneous, articulable and specific observations concerning the symptoms or manifestations of impairment can be made. These observations shall be documented belief based on the Reasonable Suspicion Report Form attached to this Appendix as Exhibit B. At least three (3) indicia of objective facts that drug or alcohol impairment must existuse is adversely affecting their ability to safely and effectively perform their job. Examples of conduct that may constitute reasonable suspicion include, in two (but are not limited to: 1. Slurred speech; 2) separate categories, as listed . Alcohol odor on the Reasonable Suspicion Report Formbreath; 3. In the alternative, the employer representatives must confirm direct evidence of drug or alcohol impairment as listed on the Reasonable Suspicion Report Form.Unsteady walking and movement; b. Any individual or employee may report another employee who may appear to that individual or employee to be under the influence 4. Physical altercation; 5. Verbal altercation; 6. Unusual behavior; 7. Possession of alcohol or drugs; 8. Upon receiving Information obtained from a report reliable person with personal knowledge. B. Although the City representative (supervisor or other City employee designated by the Director of possible Human Resources) is not authorized to reach a conclusion that an employee’s job performance impairment is due to alcohol or drug use or impairment in influence, the workplace, two (2) trained supervisory employer representatives will independently verify the basis for the City representative is authorized to observe and document those job performance impairments consistent with reasonable suspicion characteristics and request testing in personto require a reasonable suspicion test. The first employer City representative must make a written record of the observations leading to a drug or alcohol test within 24 hours of the observed behavior or before the test results are reported, whichever is earlier. C. Any employee who demonstrates job performance impairments consistent with reasonable suspicion characteristics shall verify be relieved of duty with pay pending an investigation and document verification of condition. Management transports the employee’s appearance and behavior and, if appropriate, recommend testing employee to the second employer representative. The second employer representative shall verify the contemporaneous basis for the suspicion. If reasonable suspicion sample collection location and to test a Covered Employee arises between 11:00 p.m. and 7:00 a.m., or at a location outside the geographic boundaries of the City and County of San Francisco (excluding San Francisco International Airport), and where a second trained supervisory employer representative cannot reasonably get to the location within thirty (30) minutes, then the second employer representative shall not be required to verify the basis for the suspicion in person, but instead shall verify by telephone or email. After completing the verification, and consulting with the first employer representative, the second employer representative has final authority to require that the Covered Employee be tested. c. If the City requires an employee under reasonable suspicion to be tested, then the employee may ask for representation. Representation may include, but is not limited to, union representatives and shop stewardshis/her home. If the employee requests representationrefuses transportation but attempts to drive him/herself, the City shall allow Police are notified. D. Employees with a reasonable amount of time from the time the employee confirmed negative drug test or confirmed alcohol test that is notified that the employee at or below .02 will be tested (up returned to a maximum of one hour) for the employee to obtain representation. Such request shall their job if not delay the administration otherwise in violation of the tests for more than one hour from the time the employee is notified that the employee will be testedpolicy. d. Department representative(s) shall document the incident. If E. An employee who has a Covered Employee Refuses confirmed alcohol test with a concentration of .04 percent or greater is considered to Submit to testing, then the City shall treat the refusal as have a positive alcohol test, and is in violation of this policy. A confirmed alcohol test where the concentration is less than .04 percent and greater than .02 percent shall take appropriate disciplinary action pursuant be considered as non-conclusive and the employee shall be placed on paid leave if available or unpaid leave if paid leave is not available for the rest of their scheduled duty day and no discipline shall result. This section shall not apply to the attached discipline matrixfollow-up testing that occurs after a confirmed positive drug test result or positive alcohol test.

Reasonable Suspicion Testing. a. Reasonable suspicion to test a Covered Employee will exist when contemporaneous, articulable and specific observations concerning the symptoms or manifestations of impairment can be made. These observations shall be documented on the Reasonable Suspicion Report Form attached to this Appendix as Exhibit B. At least three (3) indicia of drug or alcohol impairment must exist, in two (2) separate categories, as listed on the Reasonable Suspicion Report Form. In the alternative, the employer representatives must confirm direct evidence of drug or alcohol impairment as listed on the Reasonable Suspicion Report Form. b. Any individual or employee may report another employee who may appear to that individual or employee to be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or drug use or impairment in the workplace, two (2) trained supervisory employer representatives will independently verify the basis for the suspicion and request testing in person. The first employer representative shall verify and document the employee’s appearance and behavior and, if appropriate, recommend testing to the second employer representative. The second employer representative shall verify the contemporaneous basis for the suspicion. If reasonable suspicion to test a Covered Employee arises between 11:00 p.m. and 7:00 a.m., or at a location outside the geographic boundaries of the City and County of San Francisco (excluding San Francisco International Airport), and where a second trained supervisory employer representative cannot reasonably get to the location within thirty (30) minutes, then the second employer representative shall not be required to verify the basis for the suspicion in person, but instead shall verify by telephone or email. After completing the verification, and consulting with the first employer representative, the second employer representative has final authority to require that the Covered Employee be tested. c. If the City requires an employee under reasonable suspicion to be tested, then the employee may ask for representation. Representation may include, but is not limited to, union representatives and shop stewards. If the employee requests representation, the City shall allow a reasonable amount of time from the time the employee is notified that the employee will be tested (up to a maximum of one hour) for the employee to obtain representation. Such request shall not delay the administration of the tests for more than one hour from the time the employee is notified that the employee will be tested. d. Department representative(s) shall document the incident. If a Covered Employee Refuses to Submit to testing, then the City shall treat the refusal as a positive test, and shall take appropriate disciplinary action pursuant to the attached discipline matrix.of

Reasonable Suspicion Testing. a. Reasonable A. If objective evidence exists establishing reasonable suspicion to test a Covered Employee will exist when contemporaneous, articulable and specific observations concerning the symptoms or manifestations of impairment can be made. These observations shall be documented on the Reasonable Suspicion Report Form attached believe an employee’s work performance is impaired due to this Appendix as Exhibit B. At least three (3) indicia of drug or alcohol impairment must existabuse or violation of this policy, the employer will require the employee to undergo a test consistent with the conditions set for in this Addendum. Reasonable suspicion testing shall be initiated after the circumstances are reviewed and agreed upon by at least two (2) separate categoriessupervisor level personnel (Lieutenant, as listed on Captain, Major, Deputy Chief, or Chief). However, only one supervisor is necessary to require an employee to submit to drug/alcohol testing if an officer observes the Reasonable Suspicion Report Formemployee ingest, smoke or use a controlled substance or alcohol. In the alternative, the employer representatives must confirm direct evidence of Supervisors are prohibited from demanding or encouraging drug or alcohol impairment as listed on the Reasonable Suspicion Report Formtesting without reasonable suspicion. b. Any individual B. If reasonable suspicion exists, the employee must be prohibited from working or employee may report another employee who may appear continuing to that individual or employee work and should be placed on administrative leave with pay. Written documentation of the observations of the officer/supervisor leading to a drug and/or alcohol test shall be under created prior to the influence end of alcohol or drugsthe shift in which the behavior was observed and forwarded to the Chief’s office. Upon receiving a report of possible alcohol or drug use or impairment in Additionally, when possible, the workplace, two (2) trained supervisory employer representatives will independently verify officer/supervisor should communicate the basis for the reasonable suspicion and request to an Assistant Municipal Counselor through the Chief or his designee, prior to requiring such a test. C. The employee shall be transported immediately to the designated testing in personfacility by a supervisor. The first employer representative employee will not be permitted to return to work prior to receiving the results of the drug/alcohol test. The supervisor shall verify and document make arrangements for safe transportation to the employee’s appearance and behavior andresidence or a place selected by the employee or a relative or friend of the employee, if appropriate, recommend testing to the second employer representative. The second employer representative shall verify employee appears incapable of making a selection. D. If the contemporaneous basis for the suspicion. If reasonable suspicion to test a Covered Employee arises between 11:00 p.m. and 7:00 a.m., or at a location outside the geographic boundaries results of the City and County of San Francisco (excluding San Francisco International Airport), and where a second trained supervisory employer representative cannot reasonably get drug/alcohol test prove to the location within thirty (30) minutes, then the second employer representative shall not be required to verify the basis for the suspicion in person, but instead shall verify by telephone or email. After completing the verification, and consulting with the first employer representativenegative, the second employer representative has final authority employee shall be returned to require that the Covered Employee be tested. c. If the City requires an employee under reasonable suspicion to be tested, then the employee may ask for representation. Representation may include, but is not limited to, union representatives and shop stewardswork. If the employee requests representationdrug/alcohol tests prove to be positive, the City process of Section 14 of this Addendum shall allow a reasonable amount of time from the time the employee is notified that the employee will be tested (up to a maximum of one hour) for the employee to obtain representation. Such request shall not delay the administration of the tests for more than one hour from the time the employee is notified that the employee will be testedapply. d. Department representative(s) shall document the incident. If a Covered Employee Refuses to Submit to testing, then the City shall treat the refusal as a positive test, and shall take appropriate disciplinary action pursuant to the attached discipline matrix.