Common use of Reasonable Suspicion Testing Clause in Contracts

Reasonable Suspicion Testing. a. Where the Agency has a reasonable suspicion that en employee is under the influence of any alcoholic intoxicants or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the body, the Agency may require that the employee immediately consent and submit to field and impairment tests and sampling (blood, urine or Breathalyzer test) at an approved laboratory. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall be deemed the same as a positive test result. b. When the employee is notified he or she is required to consent and submit to such test, or to searches as described in Section 8 of this Article, he or she may request the presence of a Union representative to witness the tests or searches. The tests or searches may not be unduly delayed in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches, however the Agency shall make every reasonable effort to provide a Union representative. The presence of a representative shall not disrupt or interfere with the tests or searches. c. Before a supervisor, acting on behalf of the Agency under this policy, may require an employee to consent and submit to any test(s) specified in this section, the supervisor must first obtain concurrence from the supervisor’s department head or his designee that the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as a result of such test(s). d. The employee shall give consent to a blood, urine or Breathalyzer test by signing a consent form. The form shall contain the following information: 1. Employees consent to release test results to the Agency; 2. The procedure for confirming an initial positive test result for a controlled substance, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substance, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above .02% by volume/weight of alcohol in the blood; 5. A listing provided by the employee of legally prescribed and over-the-counter medications which may be in the employee’s body. At the employee’s option, this information may be submitted in a sealed envelope to be opened only by the Medical Review Officer if the test result is positive; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol to the Medical Review Officer; 7. The right to have a Union representative present during the preliminary interview and any follow-up investigation; 8. The consequences of refusing to consent to the blood, urine, or Breathalyzer test. e. The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as (1) urinalysis using an enzymatic assay screening test, with the positive screening results being confirmed using gas chromatography before a sample is considered positive, or (2) breath sample testing using breath analyzing instruments which meet NIDA/SAMSHA testing standards. f. If a blood or urine test is confirmed as positive, the Agency will instruct the laboratory to retain the blood or urine sample for a period of not less than thirty (30) calendar days from the date the test results are communicated to the employee for the purpose of allowing the employee to conduct an independent test of the sample at his or her own expense at a laboratory approved by the State of Oregon. g. The procedure followed under this Agreement to obtain, handle and store blood and urine samples and to conduct laboratory tests shall be documented to establish procedural integrity and chain of evidence. Such procedures shall be administered with due regard for the employee’s privacy and the need to maintain confidentiality of test results to an extent which is not inconsistent with the needs of this policy. The employee shall be notified of the results of all tests conducted pursuant to this policy. Additionally, all facts and circumstances upon which the reasonable suspicion testing is based, shall be documented and given to the employee when he or she is notified of the test results.

Reasonable Suspicion Testing. a. Where A. The Union acknowledges and recognizes the Agency has a right of the City to investigate possible alcohol or drug abuse by bargaining unit members which impairs job performance and to require employees to submit to various specified, approved and recognized medical procedures, provided reasonable suspicion exists, in accordance with proper procedure and applicable law, as well as the terms of this Agreement. In this regard, it is understood that en the City shall adequately train its supervisory personnel who have authority to investigate the reasonable suspicion standard in detecting symptoms and effects of alcohol and/or controlled substance abuse. Reasonable suspicion is defined as the actions, appearance or conduct of an employee which are indicative of or consistent with the use and/or presence in the employee’s body of a controlled substance or alcohol. Reasonable suspicion is under based on specific, contemporaneous, articulable observations concerning the influence appearance, behavior, speech or body odors of any alcoholic intoxicants the employee. This Article in no way establishes or permits testing in violation of a right provided by this Agreement. B. Whenever there are discrepancies in records regarding controlled substances that require the Fire Department to file a report with the Drug Enforcement Administration, the responsible crew will be required to submit to drug testing. C. In addition to reasonable suspicion testing as provided for above, the parties acknowledge the right of the City to require employees who receive special assignments to be tested. As used herein, special assignments shall include assignments to Haz-Mat, Paramedic, and/or Arson units where the assignment requires (1) the carrying of a firearm; (2) contact with or access to extremely dangerous materials; and (3) the administration of controlled substances, including marijuana, or has a controlled substance, including marijuana, present . Testing must be approved pursuant to recognized medical procedures in accordance with applicable clinical protocols as well as the body, the Agency may require that the employee immediately consent and submit to field and impairment tests and sampling (blood, urine or Breathalyzer test) at an approved laboratory. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall be deemed the same as a positive test result. b. When the employee is notified he or she is required to consent and submit to such test, or to searches as described in Section 8 terms of this Article, he or she may request Agreement. Employees applying for such positions must be informed at the presence of a Union representative outset that such testing will be required prior to witness promotion/assignment to the tests or searchesposition sought. The tests or searches may not In no event will employees be unduly delayed in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches, however the Agency shall make every reasonable effort to provide a Union representative. The presence of a representative shall not disrupt or interfere with the tests or searches. c. Before a supervisor, acting on behalf of the Agency tested under this policy, may require an employee to consent and submit to any test(s) specified in this section, the supervisor must first obtain concurrence from the supervisor’s department head or his designee that the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established subsection as a result of such test(s). d. The employee shall give consent involuntary assignment to an affected position, unless said assignment is the result of a blood, urine or Breathalyzer test by signing a consent form. The form shall contain the following information: 1promotion. Employees consent subject to release test results to tests under this subsection shall take the Agency; 2. The procedure for confirming an initial positive test result for a controlled substancetest, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substanceand the City must administer the same, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above .02% by volume/weight of alcohol in the blood; 5. A listing provided by the employee of legally prescribed and over-the-counter medications which may be in the employee’s body. At the employee’s option, this information may be submitted in a sealed envelope to be opened only by the Medical Review Officer if the test result is positive; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol to the Medical Review Officer; 7. The right to have a Union representative present during the preliminary interview and any follow-up investigation; 8. The consequences of refusing to consent to the blood, urine, or Breathalyzer test. e. The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as (1) urinalysis using an enzymatic assay screening test, with the positive screening results being confirmed using gas chromatography before a sample is considered positive, or (2) breath sample testing using breath analyzing instruments manner which meet NIDA/SAMSHA testing standards. f. If a blood or urine test is confirmed as positive, the Agency will instruct the laboratory to retain the blood or urine sample for a period of not less than thirty (30) calendar days from the date the test results are communicated to the employee for the purpose of allowing the employee to conduct an independent test of the sample at his or her own expense at a laboratory approved by the State of Oregon. g. The procedure followed under this Agreement to obtain, handle and store blood and urine samples and to conduct laboratory tests shall be documented to establish procedural integrity and chain of evidence. Such procedures shall be administered with due regard for assures the employee’s privacy and to the greatest extent possible consistent with the City’s need to maintain confidentiality of test results to an extent which is not inconsistent with preserve the needs of this policy. The employee shall be notified of the results of all tests conducted pursuant to this policy. Additionally, all facts and circumstances upon which the reasonable suspicion testing is based, shall be documented and given to the employee when he or she is notified integrity of the test procedures and results.

Reasonable Suspicion Testing. a. a) Where the Agency has a reasonable suspicion that en an employee is under the influence of any alcoholic intoxicants or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the body, the Agency may require that the employee immediately consent and submit to field and impairment tests and sampling (blood, urine or Breathalyzer test) at an approved laboratory. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall be deemed the same as a positive test result. b. b) When the employee is notified he or she is required to consent and submit to such test, or to searches as described in Section 8 of this Article, he or she may request the presence of a Union representative to witness the tests or searches. The tests or searches may not be unduly delayed in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches, however the Agency shall make every reasonable effort to provide a Union representative. The presence of a representative shall not disrupt or interfere with the tests or searches. c. c) Before a supervisor, acting on behalf of the Agency under this policy, may require an employee to consent and submit to any test(s) specified in this section, the supervisor must first obtain concurrence from the supervisor’s department head or his designee that the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as a result of such test(s). d. d) The employee shall give consent to a blood, urine or Breathalyzer test by signing a consent form. The form shall contain the following information: 1. Employees consent to release test results to the Agency; 2. The procedure for confirming an initial positive test result for a controlled substance, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substance, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above .02% by volume/weight of alcohol in the blood; 5. A listing provided by the employee of legally prescribed and over-the-the- counter medications which may be in the employee’s body. At the employee’s option, this information may be submitted in a sealed envelope to be opened only by the Medical Review Officer if the test result is positive; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol to the Medical Review Officer; 7. The right to have a Union representative present during the preliminary interview and any follow-up investigation; 8. The consequences of refusing to consent to the blood, urine, or Breathalyzer test. e. e) The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as (1) urinalysis using an enzymatic assay screening test, with the positive screening results being confirmed using gas chromatography before a sample is considered positive, or (2) breath sample testing using breath analyzing instruments which meet NIDA/SAMSHA testing standards. f. f) If a blood or urine test is confirmed as positive, the Agency will instruct the laboratory to retain the blood or urine sample for a period of not less than thirty (30) calendar days from the date the test results are communicated to the employee for the purpose of allowing the employee to conduct an independent test of the sample at his or her own expense at a laboratory approved by the State of Oregon. g. g) The procedure followed under this Agreement to obtain, handle and store blood and urine samples and to conduct laboratory tests shall be documented to establish procedural integrity and chain of evidence. Such procedures shall be administered with due regard for the employee’s privacy and the need to maintain confidentiality of test results to an extent which is not inconsistent with the needs of this policy. The employee shall be notified of the results of all tests conducted pursuant to this policy. Additionally, all facts and circumstances upon which the reasonable suspicion testing is based, shall be documented and given to the employee when he or she is notified of the test results.

Reasonable Suspicion Testing. a. Where the Agency has a reasonable suspicion that en employee is under the influence of any alcoholic intoxicants or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the body, the Agency may require that the employee immediately consent and submit to field and impairment tests and sampling (blood, urine or Breathalyzer test) at an approved laboratory. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall be deemed the same as a positive test result. b. When the employee is notified he or she is required to consent and submit to such test, or to searches as described in Section 8 of this Article, he or she may request the presence of a Union representative to witness the tests or searches. The tests or searches may not be unduly delayed in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches, however the Agency shall make every reasonable effort to provide a Union representative. The presence of a representative shall not disrupt or interfere with the tests or searches. c. Before a supervisor, acting on behalf of the Agency under this policy, may require an employee to consent and submit to any test(s) specified in this section, the supervisor must first obtain concurrence from the supervisor’s department head or his designee that the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as a result of such test(s). d. The employee shall give consent to a blood, urine or Breathalyzer test by signing a consent form. The form shall contain the following information: 1. Employees consent to release test results to the Agency; 2. The procedure for confirming an initial positive test result for a controlled substance, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substance, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above .02% by volume/weight of alcohol in the blood; 5. A listing provided by the employee of legally prescribed and over-the-counter medications which may be in the employee’s body. At the employee’s option, this information may be submitted in a sealed envelope to be opened only by the Medical Review Officer if the test result is positive; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol to the Medical Review Officer; 7. The right to have a Union representative present during the preliminary interview and any follow-up investigation; 8. The consequences of refusing to consent to the blood, urine, or Breathalyzer test. e. The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as (1) urinalysis using an enzymatic assay screening test, with the positive screening results being confirmed using gas chromatography before a sample is considered positive, or (2) breath sample testing using breath analyzing instruments which meet NIDA/SAMSHA testing standards. f. If a blood or urine test is confirmed as positive, the Agency will instruct the laboratory to retain the blood or urine sample for a period of not less than thirty (30) calendar days from the date the test results are communicated to the employee for the purpose of allowing the employee to conduct an independent test of the sample at his or her own expense at a laboratory approved by the State of Oregon. g. The procedure followed under this Agreement to obtain, handle and store blood and urine samples and to conduct laboratory tests shall be documented to establish procedural integrity and chain of evidence. Such procedures shall be administered with due regard for the employee’s privacy and the need to maintain confidentiality of test results to an extent which is not inconsistent with the needs of this policy. The employee shall be notified of the results of all tests conducted pursuant to this policy. Additionally, all facts and circumstances upon which the reasonable suspicion testing is based, shall be documented and given to the employee when he or she is notified of the test results.

Reasonable Suspicion Testing. a. a) Where the Agency has a reasonable suspicion that en an employee is under the influence of any alcoholic intoxicants or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the body, the Agency may require that the employee immediately consent and submit to field and impairment tests and sampling (blood, urine or Breathalyzer test) at an approved laboratory. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall be deemed the same as a positive test result. b. b) When the employee is notified he or she is required to consent and submit to such test, or to searches as described in Section 8 of this Article, he or she may request the presence of a Union Federation representative to witness the tests or searches. The tests or searches may not be unduly delayed in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches, however the Agency shall make every reasonable effort to provide a Union Federation representative. The presence of a representative shall not disrupt or interfere with the tests or searches. c. c) Before a supervisor, acting on behalf of the Agency under this policy, may require an employee to consent and submit to any test(s) specified in this section, the supervisor must first obtain concurrence from the supervisor’s department head or his designee that the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as a result of such test(s). d. d) The employee shall give consent to a blood, urine or Breathalyzer test by signing a consent form. The form shall contain the following information: 1. Employees consent to release test results to the Agency; 2. The procedure for confirming an initial positive test result for a controlled substance, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substance, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above .02% by volume/weight of alcohol in the blood; 5. A listing provided by the employee of legally prescribed and over-the-the- counter medications which may be in the employee’s body. At the employee’s option, this information may be submitted in a sealed envelope to be opened only by the Medical Review Officer if the test result is positive; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol to the Medical Review Officer; 7. The right to have a Union Federation representative present during the preliminary interview and any follow-up investigation; 8. The consequences of refusing to consent to the blood, urine, or Breathalyzer test. e. The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as (1) urinalysis using an enzymatic assay screening test, with the positive screening results being confirmed using gas chromatography before a sample is considered positive, or (2) breath sample testing using breath analyzing instruments which meet NIDA/SAMSHA testing standards. f. If a blood or urine test is confirmed as positive, the Agency will instruct the laboratory to retain the blood or urine sample for a period of not less than thirty (30) calendar days from the date the test results are communicated to the employee for the purpose of allowing the employee to conduct an independent test of the sample at his or her own expense at a laboratory approved by the State of Oregon. g. The procedure followed under this Agreement to obtain, handle and store blood and urine samples and to conduct laboratory tests shall be documented to establish procedural integrity and chain of evidence. Such procedures shall be administered with due regard for the employee’s privacy and the need to maintain confidentiality of test results to an extent which is not inconsistent with the needs of this policy. The employee shall be notified of the results of all tests conducted pursuant to this policy. Additionally, all facts and circumstances upon which the reasonable suspicion testing is based, shall be documented and given to the employee when he or she is notified of the test results.

Reasonable Suspicion Testing. a. Where the Agency has a A. If objective evidence exists establishing reasonable suspicion that en employee to believe an employee’s work performance is under the influence of any alcoholic intoxicants impaired due to drug or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the bodyalcohol abuse, the Agency may employer will require that the employee immediately consent and submit to field and impairment tests and sampling (blood, urine or Breathalyzer test) at an approved laboratory. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall be deemed the same as a positive test result. b. When the employee is notified he or she is required to consent and submit to such test, or to searches as described in Section 8 of this Article, he or she may request the presence of a Union representative to witness the tests or searches. The tests or searches may not be unduly delayed in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches, however the Agency shall make every reasonable effort to provide undergo a Union representative. The presence of a representative shall not disrupt or interfere medical test consistent with the tests or searches. c. Before a supervisor, acting on behalf of the Agency under conditions set forth in this policy. Reasonable suspicion testing shall be initiated after the circumstances are properly reviewed and agreed upon by at least two (2) officer level personnel (Captain, may Major, Station Officer or acting Station Officer, District Chief or higher rank). However, only one officer/supervisor is necessary to require an employee to consent and submit to any test(s) specified in this sectiondrug/alcohol testing if the supervisor observes the employee ingest, smoke, or use a controlled dangerous substance or alcohol. Officers/supervisors are prohibited from demanding or encouraging drug or alcohol testing without reasonable suspicion. B. The employee must be prohibited from working or continuing to work. C. Written documentation of the officer’s/supervisor’s observations leading to a drug and/or alcohol test shall be created within 24 hours after the observation and forwarded to the Chief’s office. Additionally, whenever possible, the officer/supervisor must first obtain concurrence from should communicate the supervisor’s department head or his designee that basis for the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as to an Assistant Municipal Counselor through the Chief/designee, prior to requiring such a result of such test(s). d. test. The employee shall give consent have the right to notify his/her IAFF representative and have representation present at the testing facility. D. The employee shall be transported immediately to the designated testing facility by an officer/supervisor. Prior to testing, the employee will be required to sign a blood, urine or Breathalyzer test by signing a drug/alcohol testing consent form. Failure or refusal to sign the consent form and to submit to testing will be cause for a conclusion of an adverse inference relative to the employee being under the influence, as well as a charge of insubordination, and appropriate disciplinary action, up to and including termination, will be administered. The form employee will not be permitted to return to work prior to receiving the results of the drug/alcohol test. The officer/supervisor shall contain make arrangements for safe transportation to the following employee’s residence or a place selected by a relative or friend of the employee. E. The Occupational Health Manager, located in the City’s designated medical facility, shall receive and retain all drug and alcohol testing related information: 1. Employees consent to release test , and provide the results to the Agency; 2appropriate office within the Fire Department. The procedure for confirming an initial positive Drug/alcohol test result for a controlled substance, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substance, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above .02% by volume/weight of alcohol in the blood; 5. A listing provided by the employee of legally prescribed and over-the-counter medications which may results will only be in the employee’s body. At the employee’s option, this information may be submitted in a sealed envelope disclosed to be opened only by the Medical Review Officer if the test result is positive; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol to the Medical Review Officer; 7. The right to those persons who have a Union representative present during the preliminary interview and any follow-up investigation; 8. The consequences of refusing to consent to the blood, urine, or Breathalyzer test. e. The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as (1) urinalysis using an enzymatic assay screening test, with the positive screening results being confirmed using gas chromatography before a sample is considered positive, or (2) breath sample testing using breath analyzing instruments which meet NIDA/SAMSHA testing standards. f. If a blood or urine test is confirmed as positive, the Agency will instruct the laboratory to retain the blood or urine sample for a period of not less than thirty (30) calendar days from the date the test results are communicated to the employee for the purpose of allowing the employee to conduct an independent test of the sample at his or her own expense at a laboratory approved by the State of Oregon. g. The procedure followed under this Agreement to obtain, handle and store blood and urine samples and to conduct laboratory tests shall be documented to establish procedural integrity and chain of evidence. Such procedures shall be administered with due regard for the employee’s privacy and the “need to maintain confidentiality know.” Willful disclosure of test results to an extent which is persons not inconsistent with involved in the needs of this policy. The employee shall be notified of disciplinary procedure or who do not have a need to know, may result in appropriate disciplinary action, up to and including termination. F. If the results of all tests conducted pursuant the drug/alcohol test prove to this policy. Additionallybe negative, all facts and circumstances upon which the reasonable suspicion testing is based, any time off work without pay shall be documented and given returned to the employee when he or she is notified employee. If the drug/alcohol test prove to be positive, any unpaid time off work will be assessed in the final disposition of the test resultsdiscipline.

Reasonable Suspicion Testing. a. Where the Agency has a reasonable suspicion that en employee is under the influence of any alcoholic intoxicants or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the body, the Agency may require that the employee immediately consent and submit to field and impairment tests and sampling (blood, urine or Breathalyzer test) at an approved laboratory. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall be deemed the same as a positive test result. b. When the employee is notified he or she is required to consent and submit to such test, or to searches as described in Section 8 of this Article, he or she may request the presence of a Union representative to witness the tests or searches. The tests or searches may not be unduly delayed in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches, however the Agency shall make every reasonable effort to provide a Union representative. The presence of a representative shall not disrupt or interfere with the tests or searches. c. Before a supervisor, acting on behalf of the Agency under this policy, may require an employee to consent and submit to any test(s) specified in this section, the supervisor must first obtain concurrence from the supervisor’s supervisor‟s department head or his designee that the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as a result of such test(s). d. The employee shall give consent to a blood, urine or Breathalyzer test by signing a consent form. The form shall contain the following information: 1. Employees consent to release test results to the Agency; 2. The procedure for confirming an initial positive test result for a controlled substance, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substance, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above .02% by volume/weight of alcohol in the blood; 5. A listing provided by the employee of legally prescribed and over-the-counter medications which may be in the employee’s employee‟s body. At the employee’s employee‟s option, this information may be submitted in a sealed envelope to be opened only by the Medical Review Officer if the test result is positive; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol to the Medical Review Officer; 7. The right to have a Union representative present during the preliminary interview and any follow-up investigation; 8. The consequences of refusing to consent to the blood, urine, or Breathalyzer test. e. The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as (1) urinalysis using an enzymatic assay screening test, with the positive screening results being confirmed using gas chromatography before a sample is considered positive, or (2) breath sample testing using breath analyzing instruments which meet NIDA/SAMSHA testing standards. f. If a blood or urine test is confirmed as positive, the Agency will instruct the laboratory to retain the blood or urine sample for a period of not less than thirty (30) calendar days from the date the test results are communicated to the employee for the purpose of allowing the employee to conduct an independent test of the sample at his or her own expense at a laboratory approved by the State of Oregon. g. The procedure followed under this Agreement to obtain, handle and store blood and urine samples and to conduct laboratory tests shall be documented to establish procedural integrity and chain of evidence. Such procedures shall be administered with due regard for the employee’s employee‟s privacy and the need to maintain confidentiality of test results to an extent which is not inconsistent with the needs of this policy. The employee shall be notified of the results of all tests conducted pursuant to this policy. Additionally, all facts and circumstances upon which the reasonable suspicion testing is based, shall be documented and given to the employee when he or she is notified of the test results.

Reasonable Suspicion Testing. a. a) Where the Agency has a reasonable suspicion that en an employee is under the influence of any alcoholic intoxicants or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the body, the Agency may require that the employee immediately consent and submit to field and impairment tests and sampling (blood, urine or Breathalyzer test) at an approved laboratory. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall be deemed the same as a positive test result. b. b) When the employee is notified he or she is required to consent and submit to such test, or to searches as described in Section 8 of this Article, he or she may request the presence of a Union representative to witness the tests or searches. The tests or searches may not be unduly delayed in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches, however the Agency shall make every reasonable effort to provide a Union representative. The presence of a representative shall not disrupt or interfere with the tests or searches. c. c) Before a supervisor, acting on behalf of the Agency under this policy, may require an employee to consent and submit to any test(s) specified in this section, the supervisor must first obtain concurrence from the supervisor’s department head or his designee that the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as a result of such test(s). d. d) The employee shall give consent to a blood, urine or Breathalyzer test by signing a consent form. The form shall contain the following information: 1. Employees consent to release test results to the Agency; 2. The procedure for confirming an initial positive test result for a controlled substance, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substance, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above .02% by volume/weight of alcohol in the blood; 5. A listing provided by the employee of legally prescribed and over-the-the- counter medications which may be in the employee’s body. At the employee’s option, this information may be submitted in a sealed envelope to be opened only by the Medical Review Officer if the test result is positive; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol to the Medical Review Officer; 7. The right to have a Union representative present during the preliminary interview and any follow-up investigation; 8. The consequences of refusing to consent to the blood, urine, or Breathalyzer test. e. e) The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as (1) urinalysis using an enzymatic assay screening test, with the positive screening results being confirmed using gas chromatography before a sample is considered positive, or (2) breath sample testing using breath analyzing instruments which meet NIDA/SAMSHA testing standards. f. f) If a blood or urine test is confirmed as positive, the Agency will instruct the laboratory to retain the blood or urine sample for a period of not less than thirty (30) calendar days from the date the test results are communicated to the employee for the purpose of allowing the employee to conduct an independent test of the sample at his or her own expense at a laboratory approved by the State of Oregon. g. The procedure followed under this Agreement to obtain, handle and store blood and urine samples and to conduct laboratory tests shall be documented to establish procedural integrity and chain of evidence. Such procedures shall be administered with due regard for the employee’s privacy and the need to maintain confidentiality of test results to an extent which is not inconsistent with the needs of this policy. The employee shall be notified of the results of all tests conducted pursuant to this policy. Additionally, all facts and circumstances upon which the reasonable suspicion testing is based, shall be documented and given to the employee when he or she is notified of the test results.thirty

Reasonable Suspicion Testing. a. A. Where the Agency has a reasonable suspicion that en an employee is under the influence of any alcoholic intoxicants or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the body, the Agency may require that the employee immediately consent and submit to field and impairment tests and sampling (blood, urine or Breathalyzer test) at an approved laboratory. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall be deemed the same as a positive test result. b. B. When the employee is notified he or she is required to consent and submit to such test, or to searches as described in Section 8 of this ArticleAgreement, he or she may request the presence of a Union representative to witness the tests or searches. The tests test or searches may not be unduly delayed in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches, however the Agency shall make every reasonable effort to provide a Union representative. The presence of a representative shall not disrupt or interfere with the tests or searches. c. C. Before a supervisor, acting on behalf of the Agency under this policy, may require an employee to consent and submit to any test(s) specified in this section, the supervisor must first obtain concurrence from the supervisor’s supervisors department head or his designee that the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as a result of such test(s). d. D. The employee shall give consent to a blood, urine or Breathalyzer test by signing a consent form. The form shall contain the following information: 1. Employees consent to release test results to the Agency; 2. The procedure for confirming an initial positive test result for a controlled substance, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substance, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above .02% by volume/weight of alcohol in the blood; 5. A listing provided by the employee of legally prescribed and over-the-counter medications which may be in the employee’s body. At the employee’s option, this information may be submitted in a sealed envelope to be opened only by the Medical Review Officer if the test result is positive; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol to the Medical Review Officer; 7. The right to have a Union representative present during the preliminary interview and any follow-up investigation; 8. The consequences of refusing to consent to the blood, urine, or Breathalyzer test. e. E. The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as (1) urinalysis using an enzymatic assay screening test, with the positive screening results being confirmed using gas chromatography before a sample is considered positive, positive or (2) breath sample testing using breath analyzing instruments which meet NIDA/SAMSHA testing standards. f. F. If a blood or urine test is confirmed as positive, the Agency will instruct the laboratory to retain the blood or urine sample for a period of not less than thirty (30) calendar days from the date the test results are communicated to the employee for the purpose of allowing the employee to conduct an independent test of the sample at his or her own expense at a laboratory approved by the State of Oregon. g. G. The procedure followed under this Agreement to obtain, handle and store blood and urine samples and to conduct laboratory tests shall be documented to establish procedural integrity and chain of evidence. Such procedures shall be administered with due regard for the employee’s privacy and the need to maintain confidentiality of test results to an extent which is not inconsistent with the needs of this policy. The employee shall be notified of the results of all tests conducted pursuant to this policy. Additionally, all facts and circumstances upon which the reasonable suspicion testing is based, shall be documented and given to the employee when he or she is notified of the test results.

Reasonable Suspicion Testing. a. a) Where the Agency has a reasonable suspicion that en an employee is under the influence of any alcoholic intoxicants or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the body, the Agency may require that the employee immediately consent and submit to field and impairment tests and sampling (blood, urine or Breathalyzer test) at an approved laboratory. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall be deemed the same as a positive test result. b. b) When the employee is notified he or she is required to consent and submit to such test, or to searches as described in Section 8 of this Article, he or she may request the presence of a Union representative to witness the tests or searches. The tests or searches may not be unduly delayed in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches, however the Agency shall make every reasonable effort to provide a Union representative. The presence of a representative shall not disrupt or interfere with the tests or searches. c. c) Before a supervisor, acting on behalf of the Agency under this policy, may require an employee to consent and submit to any test(s) specified in this section, the supervisor must first obtain concurrence from the supervisor’s supervisor‘s department head or his designee that the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as a result of such test(s). d. d) The employee shall give consent to a blood, urine or Breathalyzer test by signing a consent form. The form shall contain the following information: 1. Employees consent to release test results to the Agency; 2. The procedure for confirming an initial positive test result for a controlled substance, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substance, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above .02% by volume/weight of alcohol in the blood; 5. A listing provided by the employee of legally prescribed and over-the-the- counter medications which may be in the employee’s employee‘s body. At the employee’s employee‘s option, this information may be submitted in a sealed envelope to be opened only by the Medical Review Officer if the test result is positive; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol to the Medical Review Officer; 7. The right to have a Union representative present during the preliminary interview and any follow-up investigation; 8. The consequences of refusing to consent to the blood, urine, or Breathalyzer test. e. e) The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as (1) urinalysis using an enzymatic assay screening test, with the positive screening results being confirmed using gas chromatography before a sample is considered positive, or (2) breath sample testing using breath analyzing instruments which meet NIDA/SAMSHA testing standards. f. f) If a blood or urine test is confirmed as positive, the Agency will instruct the laboratory to retain the blood or urine sample for a period of not less than thirty (30) calendar days from the date the test results are communicated to the employee for the purpose of allowing the employee to conduct an independent test of the sample at his or her own expense at a laboratory approved by the State of Oregon. g. g) The procedure followed under this Agreement to obtain, handle and store blood and urine samples and to conduct laboratory tests shall be documented to establish procedural integrity and chain of evidence. Such procedures shall be administered with due regard for the employee’s employee‘s privacy and the need to maintain confidentiality of test results to an extent which is not inconsistent with the needs of this policy. The employee shall be notified of the results of all tests conducted pursuant to this policy. Additionally, all facts and circumstances upon which the reasonable suspicion testing is based, shall be documented and given to the employee when he or she is notified of the test results.

Reasonable Suspicion Testing. a. a) Where the Agency has a reasonable suspicion that en an employee is under the influence of any alcoholic intoxicants or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the body, the Agency may require that the employee immediately consent and submit to field and impairment tests and sampling (blood, urine or Breathalyzer test) at an approved laboratory. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall be deemed the same as a positive test result. b. b) When the employee is notified he or she is required to consent and submit to such test, or to searches as described in Section 8 of this Article, he or she may request the presence of a Union representative to witness the tests or searches. The tests or searches may not be unduly delayed in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches, however the Agency shall make every reasonable effort to provide a Union representative. The presence of a representative shall not disrupt or interfere with the tests or searches. c. c) Before a supervisor, acting on behalf of the Agency under this policy, may require an employee to consent and submit to any test(s) specified in this section, the supervisor must first obtain concurrence from the supervisor’s department head or his designee that the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as a result of such test(s). d. d) The employee shall give consent to a blood, urine or Breathalyzer test by signing a consent form. The form shall contain the following information: 1. Employees consent to release test results to the Agency; 2. The procedure for confirming an initial positive test result for a controlled substance, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substance, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above .02% by volume/weight of alcohol in the blood; 5. A listing provided by the employee of legally prescribed and over-the-the- counter medications which may be in the employee’s body. At the employee’s option, this information may be submitted in a sealed envelope to be opened only by the Medical Review Officer if the test result is positive; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol to the Medical Review Officer; 7. The right to have a Union representative present during the preliminary interview and any follow-up investigation; 8. The consequences of refusing to consent to the blood, urine, or Breathalyzer test. e. The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as (1) urinalysis using an enzymatic assay screening test, with the positive screening results being confirmed using gas chromatography before a sample is considered positive, or (2) breath sample testing using breath analyzing instruments which meet NIDA/SAMSHA testing standards. f. If a blood or urine test is confirmed as positive, the Agency will instruct the laboratory to retain the blood or urine sample for a period of not less than thirty (30) calendar days from the date the test results are communicated to the employee for the purpose of allowing the employee to conduct an independent test of the sample at his or her own expense at a laboratory approved by the State of Oregon. g. The procedure followed under this Agreement to obtain, handle and store blood and urine samples and to conduct laboratory tests shall be documented to establish procedural integrity and chain of evidence. Such procedures shall be administered with due regard for the employee’s privacy and the need to maintain confidentiality of test results to an extent which is not inconsistent with the needs of this policy. The employee shall be notified of the results of all tests conducted pursuant to this policy. Additionally, all facts and circumstances upon which the reasonable suspicion testing is based, shall be documented and given to the employee when he or she is notified of the test results.

Reasonable Suspicion Testing. a. a) Where the Agency has a reasonable suspicion that en an employee is under the influence of any alcoholic intoxicants or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the body, the Agency may require that the employee immediately consent and submit to field and impairment tests and sampling (blood, urine or Breathalyzer test) at an approved laboratory. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall be deemed the same as a positive test result. b. b) When the employee is notified he or she is required to consent and submit to such test, or to searches as described in Section 8 of this Article, he or she may request the presence of a Union Federation representative to witness the tests or searches. The tests or searches may not be unduly delayed in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches, however the Agency shall make every reasonable effort to provide a Union Federation representative. The presence of a representative shall not disrupt or interfere with the tests or searches. c. c) Before a supervisor, acting on behalf of the Agency under this policy, may require an employee to consent and submit to any test(s) specified in this section, the supervisor must first obtain concurrence from the supervisor’s department head or his designee that the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as a result of such test(s). d. d) The employee shall give consent to a blood, urine or Breathalyzer test by signing a consent form. The form shall contain the following information: 1. Employees consent to release test results to the Agency; 2. The procedure for confirming an initial positive test result for a controlled substance, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substance, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above .02% by volume/weight of alcohol in the blood; 5. A listing provided by the employee of legally prescribed and over-the-the- counter medications which may be in the employee’s body. At the employee’s option, this information may be submitted in a sealed envelope to be opened only by the Medical Review Officer if the test result is positive; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol to the Medical Review Officer; 7. The right to have a Union Federation representative present during the preliminary interview and any follow-up investigation; 8. The consequences of refusing to consent to the blood, urine, or Breathalyzer test. e. e) The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as (1) urinalysis using an enzymatic assay screening test, with the positive screening results being confirmed using gas chromatography before a sample is considered positive, or (2) breath sample testing using breath analyzing instruments which meet NIDA/SAMSHA testing standards. f. f) If a blood or urine test is confirmed as positive, the Agency will instruct the laboratory to retain the blood or urine sample for a period of not less than thirty (30) calendar days from the date the test results are communicated to the employee for the purpose of allowing the employee to conduct an independent test of the sample at his or her own expense at a laboratory approved by the State of Oregon. g. g) The procedure followed under this Agreement to obtain, handle and store blood and urine samples and to conduct laboratory tests shall be documented to establish procedural integrity and chain of evidence. Such procedures shall be administered with due regard for the employee’s privacy and the need to maintain confidentiality of test results to an extent which is not inconsistent with the needs of this policy. The employee shall be notified of the results of all tests conducted pursuant to this policy. Additionally, all facts and circumstances upon which the reasonable suspicion testing is based, shall be documented and given to the employee when he or she is notified of the test results.