Reasonable Suspicion. a. Reasonable suspicion to test a Covered Employees for illegal drugs or alcohol will exist when specific, reliable objective facts and circumstances would create a good faith belief in a prudent person that the employee has used a drug or alcohol. Such circumstances include, but are not limited to, the employee’s behavior or appearance while on any SFMTA jobsite, while on SFMTA business or in SFMTA facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes or smoke. b. Any individual or employee can report an employee who may be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or illegal drugs on the job, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsite, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested. c. If the SFMTA requires an employee to be tested under reasonable suspicion, 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 SFMTA may allow a reasonable amount (a maximum of one hour) of time 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. Moreover, if the SFMTA has reasonable suspicion or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested. e. The department representative(s) shall be required to accurately document and file the incident and the employee shall be required to complete a consent form prior to any testing. If an employee refuses to Submit to testing, then the SFMTA shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix. f. The SFMTA shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s cost.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Reasonable Suspicion. a. Reasonable suspicion to test a Covered Employees for illegal drugs or alcohol will exist when specific, reliable objective facts and circumstances would create a good faith belief in a prudent person that the employee has used a drug or alcohol. Such circumstances include, but are not limited to, the employee’s behavior or appearance while on any SFMTA jobsite, while on SFMTA business or in SFMTA facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes or smoke.
b. Any individual or employee can report an employee who may be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or illegal drugs on the job, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-above- stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsite, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.
c. If the SFMTA requires an employee to be tested under reasonable suspicion, 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 SFMTA may allow a reasonable amount (a maximum of one hour) of time 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. Moreover, if the SFMTA has reasonable suspicion or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.
e. The department representative(s) shall be required to accurately document and file the incident and the employee shall be required to complete a consent form prior to any testing. If an employee refuses to Submit to testing, then the SFMTA shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.
f. The SFMTA shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s cost.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Reasonable Suspicion. a. “Reasonable suspicion” or “reasonable cause” is a belief based upon facts gathered from the totality of the circumstances that would cause a reasonable manager to suspect impaired performance or reduced job safety by an employee on the job. Reasonable suspicion is not to test a Covered Employees be based upon unconfirmed rumors, but shall be based upon individual observation by an individual of managerial rank trained by the District to recognize the symptoms of substance abuse. The Manager is required to take into account other possible explanations for illegal drugs observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious fumes or alcohol will exist when specific, reliable objective smoke. The facts supporting the reasonable suspicion shall be documented and circumstances would create a good faith belief recorded in a prudent person that manner provided in Attachment I. In determining if reasonable suspicion exists, the employee has used a drug or alcohol. Such circumstances includemanager shall consider factors such as, but are not limited to, the employee’s behavior or appearance while on any SFMTA jobsite, while on SFMTA business or in SFMTA facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use side effects of prescription drugsand/or over the counter medications, or reaction reactions to noxious nauseous fumes or smoke, etc.
b. Any individual or employee can report , which may explain the behavior of the employee. The involvement of an employee who in an accident or on-the-job injury shall not, standing alone, constitute the reasonable suspicion required by this Policy. The subject employee shall, where possible, be interviewed prior to a reasonable suspicion determination being made. The employee shall have the right to Teamsters, Local 1932 representation during such interview unless acquiring such representation would delay the interview and possible test for an unreasonable period of time. An unreasonable delay is one which may impact the validity of any test results. The suspected employee shall have the right to Teamsters, Local 1932 representation during such interview, if requested, and the employee shall be advised of that right by the Fire Chief or designee prior to any such interview. The employee and, if applicable, the Teamsters, Local 1932 representation shall upon request be given copies of all available documentation of reasonable suspicion and have reasonable time to review these documents before the interview commences. During the interview, the Fire Chief or designee shall give the employee the opportunity to explain his or her condition, and the Fire Chief or designee shall keep a record of the interview. A non-inclusive description of behavior that may constitute evidence of reasonable suspicion is as follows: Slurred speech; Physical altercation; Verbal altercation; On-duty possession of alcohol or drugs; Information obtained from a reliable person with personal knowledge as to an employee’s drug or alcohol use or possession; Disorientation or job impairment (inability to perform employee’s job in a routine manner); Any bargaining unit member arrested and/or convicted for driving any type of vehicle under the influence of alcohol or drugs. Upon receiving a report ; Any bargaining unit member arrested and/or convicted of possible an alcohol or illegal drugs drug-related criminal charge; Odor of alcohol on the job, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsite, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.
c. If the SFMTA requires an employee to be tested under reasonable suspicion, 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 SFMTA may allow a reasonable amount (a maximum of one hour) of time 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. Moreover, if the SFMTA has reasonable suspicion breath; Unsteady gait or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.
e. The department representative(s) shall be required to accurately document and file the incident and the employee shall be required to complete a consent form prior to any testing. If an employee refuses to Submit to testing, then the SFMTA shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.
f. The SFMTA shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s cost.balance Glassy eyes;
Appears in 4 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Reasonable Suspicion. a. Reasonable (a) The reasonable suspicion standard requires that the City must have some "factual foundation and rationale which is interpreted in light of experience." In other words, a decision to test an employee shall be based on factors such as changes in job performance; physical symptoms commonly associated with drug usage such as slurred speech, altered motor skills and other changes; changes in attention span or attendance; reports or actual witnessing of possession or use of substances; changes in appetite or sleeping habits; or other mannerisms or behavioral changes which indicate the suspicion of drug usage.
(b) The supervisor having reasonable suspicion of the use of alcohol or drugs shall immediately contact the City's Employee Relations Division to arrange for referral for testing. The City shall meet with and inform an employee that, in the opinion of the City, there is a Covered Employees basis for illegal drugs or alcohol will exist when specific, reliable objective facts reasonable suspicion and circumstances would create a good faith belief in a prudent person that of the employee has used City's intention to schedule a drug or alcoholalcohol screen or test. Such circumstances include, but are not limited toAt said meeting, the employee’s behavior City shall consider the comments from the employee regarding the matter and shall then make the determination of whether to proceed and require the screen or appearance while on any SFMTA jobsitetest. If it is determined, while on SFMTA business or in SFMTA facilities, and recognized and accepted symptoms at the sole discretion of intoxication or impairment caused by drugs or alcoholthe City, that are not reasonably explained by other causes such as fatiguea drug test will be required, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes or smoke.
b. Any individual or the employee can report an employee who may shall be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or illegal drugs on the job, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing immediately escorted to the second employer representativeappropriate facility for tests. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsite, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.
c. If the SFMTA requires Refusal by an employee to submit to said test shall be tested under reasonable suspiciongrounds for dismissal. The employee shall not be allowed to drive. Prior to transport, then the supervisor shall obtain the employee's signature on the "Consent to Perform" and obtain a witness of the signature. The "Consent to Perform" must be presented upon arrival at the facility for testing.
(c) Pending the results of the test, the employee may ask for representation. Representation may include, but is not limited to, union representatives and shop stewardsbe placed on sick leave. If the employee requests representationdoes not have a sufficient sick leave balance, the SFMTA employee may allow a reasonable amount be placed on annual leave or Absence Without Pay (a maximum of one hourAWP) of time 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 testedwhen an insufficient annual leave balance exists.
d. Moreover(d) If an employee tests positive, if the SFMTA has reasonable suspicion or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.
e. The department representative(s) shall be required to accurately document and file the incident and the employee shall be required placed on sick leave (or a medical leave of absence if eligible when there is an insufficient leave balance) and shall be referred to the City's Employee Assistance Program (EAP) for counseling, further drug testing, and/or enrollment in an appropriate program. Upon completion of the program, the City shall require medical substantiation regarding fitness for duty and resolution of drug or alcohol use or dependency prior to reinstatement from sick leave or the medical leave of absence. Reinstatement shall be conditioned on continued monitoring and testing to ensure continued and complete recovery. Only one such referral to the Employee Assistance Program shall be permitted. An employee who fails to complete a consent form prior the program or who resumes use of said substances after the original reinstatement to any testing. work shall be dismissed.
(e) If the employee tests positive for an illegal substance, the employee shall be dismissed.
(f) If an employee refuses to Submit to testingtests negative, then any paid or unpaid leave utilized pending the SFMTA shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.
f. The SFMTA shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services test results shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off corrected to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s costregular pay status.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Reasonable Suspicion. a. Any employee of the City may be required to undergo testing for drugs and/or alcohol with ‘reasonable suspicion’. ‘Reasonable suspicion suspicion’ is defined as cause based on specific and articulated observations concerning the appearance, unusual behavior, speech, breath odor, body symptoms or other reliable indicators that an employee has reported to work or returned to duty with alcohol or drugs present in his/her body. Whenever practicable, the decision to test a Covered Employees for illegal drugs or alcohol ‘reasonable suspicion’ will exist when specific, reliable objective facts and circumstances would create a good faith belief in a prudent person that the employee has used a drug or alcohol. Such circumstances include, but are not limited to, be made by the employee’s behavior supervisor and confirmed by another supervisory or appearance while on any SFMTA jobsitemanagement employee. To ensure validity, while on SFMTA business or in SFMTA facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes or smoke.
b. Any individual or employee can report the City requires prompt re-collection for negative dilute reasonable suspicion tests. At the time an employee who may be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or illegal drugs on the jobis tested, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsite, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.
c. If the SFMTA requires an employee to be tested under reasonable suspicion, 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 SFMTA may allow a reasonable amount (a maximum of one hour) of time 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. Moreover, if the SFMTA has reasonable suspicion or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.
e. The department representative(s) shall be required to accurately document and file the incident and the employee shall be informed that the employee shall have the right to Union representative at the time the test results are shared with the employee and at any subsequent interviews regarding violations of the Policy. An employee shall also be told of his/her right to representation at the time test results are shared with the employee and told again at any subsequent interviews regarding violations of the Policy. Employees in safety-sensitive positions that require a CDL will be tested for alcohol and illegal drugs on an unannounced, random basis in accordance with DOT regulations. Employees selected must immediately and directly proceed to the collection/testing site upon notification. Random testing for drugs and alcohol will be limited to regular work hours. Return to Duty Employees must submit to testing as set forth in the Consequences of Prohibited Conduct section of this Policy before being permitted to return to work. Employees who test positive in a return to duty test will be subject to discharge. A negative return to duty test is a condition for returning to work. Follow up tests will be required when an employee in a CDL or other safety-sensitive position has engaged in prohibited conduct under this Policy. These tests are performed after the employee has been evaluated by an SAP, and has followed the recommended treatment plan. The employee, upon returning to duty, will be subject to a minimum of six (6) unannounced follow-up tests over the first twelve (12) months following the employee’s return to work. The SAP may recommend any number of tests over a period of up to sixty (60) months. Employees who test positive in any follow up test will be subject to discharge. The actual number and frequency of the tests are to be determined by the SAP. Moreover, the City may require follow-up testing under its own authority pursuant to Rehabilitation and Return to Work Agreement. Both drug and alcohol testing will be performed on any employee with a CDL following any on-the- job accident involving a fatality, or vehicular accident in which he/she receives a citation for a moving violation arising from the accident AND there is an injury treated away from the scene OR a vehicle that must be towed away from the scene. Employees who are in safety sensitive, but not CDL positions, will be tested for drugs, but not alcohol following any on-the-job accident involving a fatality, or vehicular accident in which the driver in a safety-sensitive position receives a citation under state or local law for a moving violation arising from the accident AND there is an injury treated away from the scene OR a vehicle that must be towed away from the scene. In addition, any employee may be required to complete a consent form prior to any testing. If an employee refuses to Submit to testing, then the SFMTA shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.
f. The SFMTA shall bear the costs for any required undergo testing for alcohol and/or drugs under this sectionfollowing any type of accident when there is reasonable suspicion to believe the employee had alcohol or drugs in his/her system as described in the “Reasonable Suspicion” testing provisions set forth above. Any counseling and rehabilitation services The accident by itself is not “reasonable suspicion” for testing. Employees who are required to undergo testing for alcohol will be required to do so as soon as possible after the accident. Post-accident alcohol testing should take place within two (2) hours of the accident, but no later than eight (8) hours after the accident. If alcohol testing is not conducted within two (2) hours of the decision to test, the City will document the reasons the test was not promptly administered. Employees will be required to undergo testing for drugs as soon as possible after the accident, but in no case later than thirty-two (32) hours after the incident. An employee who is subject to post-accident testing is required to remain readily available for testing. At the time an employee is tested, the employee shall be on informed that the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees employee shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be Union representative at the employee’s costtime the test results are shared with the employee and at any subsequent interviews regarding violations of the Policy. An employee shall also be told of his/her right to representation at the time test results are shared with the employee and told again at any subsequent interviews regarding violations of the Policy. Employees who are injured as a result of an accident, but are unable to timely submit to testing as required under this Policy, due to the need to obtain emergency or other medical treatment, are required to release the results of all alcohol and drug tests conducted by law enforcement or medical authorities to the City.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Reasonable Suspicion. a. Reasonable suspicion to test a Covered Employees for illegal drugs or alcohol will exist when specific, reliable objective facts and circumstances would create a good faith belief in a prudent person that the employee has used a drug or alcohol. Such circumstances include, but are not limited to, the employee’s behavior or appearance while on any SFMTA City jobsite, while on SFMTA City business or in SFMTA City facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes fumes, smoke or smokeillnesses.
b. Any individual or employee can report an employee who may be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or illegal drugs on the job, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsiteon-site, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.
c. If the SFMTA City requires an employee to be tested under reasonable suspicion, 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 SFMTA may City shall allow a reasonable amount of time (a maximum of one hour) of time 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. Moreover, if the SFMTA City has reasonable suspicion reason to believe or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be testedtested unless the City has prior knowledge and approval of a Covered Employee’s health condition requiring the use of prescription medication.
e. The department representative(s) shall be required to accurately document and file the incident and the employee shall be required to complete a consent form prior to any testing. If an employee refuses to Submit to testing, then the SFMTA City shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.
f. The SFMTA City shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s cost.
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Reasonable Suspicion. a. Reasonable suspicion to test a Covered Employees for illegal drugs or alcohol will exist when specific, reliable objective facts and circumstances would create a good faith belief in a prudent person that the employee has used a drug or alcohol. Such circumstances include, but are not limited to, the employee’s behavior or appearance while on any SFMTA City jobsite, while on SFMTA City business or in SFMTA City facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes fumes, smoke or smokeillnesses.
b. Any individual or employee can report an employee who may be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or illegal drugs on the job, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsiteon-site, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.
c. If the SFMTA City requires an employee to be tested under reasonable suspicion, 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 SFMTA may City shall allow a reasonable amount of time (a maximum of one hour) of time 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. Moreover, if the SFMTA City has reasonable suspicion reason to believe or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.tested unless the City has prior knowledge and approval of a Covered Employee’s health condition requiring the use of prescription medication..
e. The department representative(s) shall be required to accurately document and file the incident and the employee shall be required to complete a consent form prior to any testing. If an employee refuses to Submit to testing, then the SFMTA City shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.
f. The SFMTA City shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s cost.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Reasonable Suspicion. a. Reasonable suspicion to test a Covered Employees for illegal drugs or alcohol will exist when specific, reliable objective facts and circumstances would create a good faith belief in a prudent person that the employee has used a drug or alcohol. Such circumstances include, but are not limited to, the employee’s behavior or appearance while on any SFMTA City jobsite, while on SFMTA City business or in SFMTA City facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes fumes, smoke or smokeillnesses.
b. Any individual or employee can report an employee who may be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or illegal drugs on the job, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsiteon-site, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.
c. If the SFMTA City requires an employee to be tested under reasonable suspicion, 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 SFMTA may City shall allow a reasonable amount of time (a maximum of one hour) of time 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. Moreover, if the SFMTA City has reasonable suspicion reason to believe or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.tested unless the City has prior knowledge and approval of a Covered Employee’s health condition requiring the use of prescription medication..
e. The department representative(s) shall be required to accurately document and file the incident and the employee shall be required to complete a consent form prior to any testing. If an employee refuses to Submit to testing, then the SFMTA City shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.
f. The SFMTA City shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s cost.
Appears in 1 contract
Samples: Memorandum of Understanding
Reasonable Suspicion. a. Reasonable suspicion to test Conducted when a Covered Employees for illegal drugs Supervisor observes specific indicators characteristic of prohibited drug or alcohol use is present in the employee's appearance, behavior, speech or body. The Supervisor will exist when specificrequest a second opinion from another non-represented management employee who has been trained (both must agree) prior to requesting an employee to take a reasonable suspicion drug/alcohol test. At this time, reliable objective facts and circumstances would create a good faith belief in a prudent person that the employee has used a drug or alcoholshall be informed of the right to Guild representation. Such circumstances include, but are not limited to, the employee’s behavior or appearance while on any SFMTA jobsite, while on SFMTA business Guild representation shall be available either by phone or in SFMTA facilities, and recognized and accepted symptoms person within thirty (30) minutes of intoxication or impairment caused by drugs or alcohol, that are the notification of a reasonable suspicion situation involving one of their members. This will not reasonably explained by other causes such be construed as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes or smoke.
b. Any individual or employee can report an opportunity for an employee who to delay testing. Employees may not operate County motor vehicles or equipment after being notified that a reasonable suspicion test is warranted. Employees may not use tobacco products once they have been informed that reasonable suspicion has been observed until after the test has been completed. Additionally, employees believed to be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol impaired for any reason shall be tested at the job site, collector’s office or illegal drugs on the job, two medical facility (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators andtransportation, if appropriatenecessary, recommend testing to will be provided). Following the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport)testing, the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsite, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.
c. If the SFMTA requires an employee to be tested under reasonable suspicion, 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 SFMTA may allow a reasonable amount (a maximum of one hour) of time 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. Moreovertransported home via a local cab company, at the County's expense, or provided the opportunity to contact a non-duty-employee or non-employee for a ride. The employee will be informed that the law enforcement authorities shall be notified of his/her vehicle license number if the SFMTA employee insists on driving. In no case will a Supervisor or other on-duty employee transport the employee. Refusal to Test. Refusing or failing to submit an adequate specimen for drug or alcohol testing or specimen tampering during specimen collection, as defined by the Medical Review Officer (MRO), will be treated as if the employee has reasonable suspicion tested positive. The employee will be evaluated by a Substance Abuse Professional (SAP) or suspect that Chemical Dependency Professional (CDP) and will be subject to discipline up to and including immediate termination. Providing False Information. Any employee providing false information will be treated as if they have tested positive, be evaluated by a prescription medication may have interfered with SAP or may have had a direct impact on an employee’s job performanceCDP, it may require that employee and will be subject to be tested.
e. The department representative(s) discipline up to and including immediate termination. Drug/Alcohol Testing Processes. Drug and alcohol testing shall be required conducted in strict accordance with federal regulations to accurately document ensure accuracy, reliability, and file confidentiality. Testing records and results will be released only to those authorized by the incident federal drug and alcohol testing rules to receive such information. Xxxxx County will make every appropriate effort to protect the employee shall employee's privacy and dignity during the sample collection, testing and notification process. Drug Testing. Specimen collection for drug testing will conform to controlled certified laboratory standards to maintain documented chain of custody and assure sample reliability. Testing for drugs will be required to complete a consent form prior to any conducted at the job site, collector’s office or medical facility. The specific procedure used for testing is as follows: 1 Delta-9-tetrahydrocannabinol-9-carboxylic acid (THCA). 2 Morphine is the target analyte for codeine/morphine testing. If an employee refuses to Submit to testing, then 3 Either a single initial test kit or multiple initial test kits may be used provided the SFMTA shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.
f. The SFMTA shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and single test kit detects each target analyte independently at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s costspecified cutoff.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Reasonable Suspicion. a. “reasonable suspicion” or “reasonable cause” is a belief based upon facts gathered from the totality of the circumstances that would cause a reasonable supervisor or manager to suspect impaired performance or reduced job safety by an employee on the job. Reasonable suspicion is not to test a Covered Employees be based upon unconfirmed rumors, but shall be based upon “individual observation by an individual of Supervisory or Managerial” rank trained by the District to recognize the symptoms of substance abuse. The Supervisor or Manager is required to take into account other possible explanations for illegal drugs observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious fumes or alcohol will exist when specific, reliable objective smoke. The facts supporting the reasonable suspicion shall be documented and circumstances would create a good faith belief recorded in a prudent person that manner provided in Attachment I. In determining if reasonable suspicion exists, the employee has used a drug or alcohol. Such circumstances includesupervisor shall consider factors such as, but are not limited to, the employee’s behavior or appearance while on any SFMTA jobsite, while on SFMTA business or in SFMTA facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use side effects of prescription drugsand/or over the counter medications, or reaction reactions to noxious nauseous fumes or smoke, etc.
b. Any individual or employee can report , which may explain the behavior of the employee. The involvement of an employee who in an accident or on- the-job injury shall not, standing alone, constitute the reasonable suspicion required by this Policy. The subject employee shall, where possible, be interviewed prior to a reasonable suspicion determination being made. The employee shall have the right to CVPF representation during such interview unless acquiring such representation would delay the interview and possible test for an unreasonable period of time. An unreasonable delay is one which may be impact the validity of any test results. The suspected employee shall have the right to CVPF representation during such interview, if
1) Slurred Speech;
2) Physical altercation;
3) Verbal altercation;
4) On-duty possession of alcohol or drugs;
5) Information obtained from a reliable person with personal knowledge as to an employee’s drug or alcohol use or possession;
6) Disorientation or job impairment (inability to perform employee’s job in a routine manner);
7) Any bargaining unit member arrested and/or convicted for driving any type of vehicle under the influence of alcohol or drugs. Upon receiving a report ;
8) Any bargaining unit member arrested and/or convicted of possible an alcohol or illegal drugs drug-related criminal charge;
9) Odor of alcohol on the job, two (2breath;
10) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsite, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.Unsteady gait or balance;
c. If the SFMTA requires an employee to be tested under reasonable suspicion, 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 SFMTA may allow a reasonable amount (a maximum of one hour11) of time 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.Glassy eyes;
d. Moreover, if the SFMTA has reasonable suspicion or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.12) Drowsiness
e. The department representative(s13) shall be required to accurately document and file the incident and the employee shall be required to complete a consent form prior to any testing. If an employee refuses to Submit to testing, then the SFMTA shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.Euphoria;
f. The SFMTA shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s cost.14) Mood swings;
15) Inattentiveness;
16) Confusion;
Appears in 1 contract
Samples: Memorandum of Understanding
Reasonable Suspicion. a. “reasonable suspicion” or “reasonable cause” is a belief based upon facts gathered from the totality of the circumstances that would cause a reasonable supervisor or manager to suspect impaired performance or reduced job safety by an employee on the job. Reasonable suspicion is not to test a Covered Employees be based upon unconfirmed rumors, but shall be based upon “individual observation by an individual of Supervisory or Managerial” rank trained by the District to recognize the symptoms of substance abuse. The Supervisor or Manager is required to take into account other possible explanations for illegal drugs observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious fumes or alcohol will exist when specific, reliable objective smoke. The facts supporting the reasonable suspicion shall be documented and circumstances would create a good faith belief recorded in a prudent person that manner provided in Attachment I. In determining if reasonable suspicion exists, the employee has used a drug or alcohol. Such circumstances includesupervisor shall consider factors such as, but are not limited to, the employee’s behavior or appearance while on any SFMTA jobsite, while on SFMTA business or in SFMTA facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use side effects of prescription drugsand/or over the counter medications, or reaction reactions to noxious nauseous fumes or smoke, etc.
b. Any individual or employee can report , which may explain the behavior of the employee. The involvement of an employee who may in an accident or on- the-job injury shall not, standing alone, constitute the reasonable suspicion required by this Policy. The subject employee shall, where possible, be interviewed prior to a reasonable suspicion determination being made. The employee shall have the right to CVPF representation during such interview unless acquiring such
1) Slurred Speech;
2) Physical altercation;
3) Verbal altercation;
4) On-duty possession of alcohol or drugs;
5) Information obtained from a reliable person with personal knowledge as to an employee’s drug or alcohol use or possession;
6) Disorientation or job impairment (inability to perform employee’s job in a routine manner);
7) Any bargaining unit member arrested and/or convicted for driving any type of vehicle under the influence of alcohol or drugs. Upon receiving a report ;
8) Any bargaining unit member arrested and/or convicted of possible an alcohol or illegal drugs drug-related criminal charge;
9) Odor of alcohol on the job, two (2breath;
10) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsite, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.Unsteady gait or balance;
c. If the SFMTA requires an employee to be tested under reasonable suspicion, 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 SFMTA may allow a reasonable amount (a maximum of one hour11) of time 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.Glassy eyes;
d. Moreover, if the SFMTA has reasonable suspicion or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.12) Drowsiness
e. The department representative(s13) shall be required to accurately document and file the incident and the employee shall be required to complete a consent form prior to any testing. If an employee refuses to Submit to testing, then the SFMTA shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.Euphoria;
f. The SFMTA shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s cost.14) Mood swings;
15) Inattentiveness;
16) Confusion;
Appears in 1 contract
Samples: Memorandum of Understanding
Reasonable Suspicion. a. Reasonable suspicion to test a Covered Employees for illegal drugs or alcohol will exist when specific, reliable exists if certain objective facts and circumstances would create warrant rational inferences that a good faith belief in a prudent person that the employee has used a drug or alcohol. Such circumstances include, but are not limited to, the employee’s behavior or appearance while on any SFMTA jobsite, while on SFMTA business or in SFMTA facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes or smoke.
b. Any individual or employee can report an employee who may be under the influence of alcohol alcohol, cannabis, or drugsa banned substance. Upon receiving Illustrative, but not all-inclusive criteria of reasonable suspicion are (generally, a report person under the influence exhibits a combination of possible alcohol such criteria):
(1) A pattern of abnormal conduct or illegal drugs on the joberratic behavior, two a marked decline in work performance, excessive sick time usage.
(2) trained employer representatives will verify Information provided by reliable and document credible sources.
(3) Observation, such as direct observation of use and/or physical symptoms of being under the basis for influence of alcohol, cannabis, or a banned substance.
(4) Difficulty walking, slurred speech, needle marks, glazed stare.
(5) Possession of alcohol, cannabis, or a banned substance. Upon completion of the suspicion and request testingtest, the employee shall be transported to his/her residence. Under no circumstances shall an employee suspected of being under the influence of alcohol, cannabis, or using drugs be allowed to leave the work site or the test site driving his/her own or an Employer vehicle. The first employer representative employee shall verify remain in paid status until the results are received. Testing for alcohol shall be by evidential breath testing (EBT) and document for drugs shall be conducted using urinalysis. Any employee testing positive for alcohol, cannabis, and/or drugs will be disciplined according to Employer policy. Reasonable suspicion shall also be used if applicable to post-accident situations. If an employee believes there is reasonable suspicion that another employee is under the employee’s appearance and behavior based on influence of alcohol, cannabis, or a banned substance, he/she must immediately notify his/her supervisor or the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border Director of the City and County of San Francisco Department (including San Francisco International Airportor designee), who will in turn immediately notify the second employer representative shall verify and document the appearance and behavior Department of the employee based on the above-stated indicators and has final authority to require the employee to be testedPersonnel of their suspicions. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsite, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.
c. If the SFMTA requires an employee to be tested under Department of Personnel agrees that there is reasonable suspicion, 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 SFMTA may allow a reasonable amount (a maximum of one hour) of time 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. Moreover, if the SFMTA has reasonable suspicion or suspect notified that a prescription medication may have interfered with or may have had blood and/or urine specimen will be required. The Employer’s reasons for requesting a direct impact on an employee’s job performance, it may require that employee to be tested.
e. The department representative(s) “reasonable suspicion” test shall be required to accurately document simultaneously documented, and file the incident and provided the employee signs a written release, the documentation shall be required made available to complete a consent form prior to any testing. If an employee refuses to Submit to testing, then the SFMTA shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.
f. The SFMTA shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and union. A bargaining unit employee may request a union representative to be present at the time of testing if the bargaining agent is at the job site, prior to the employee being escorted to the “drawing” facility, in a reasonable period of time. This period should not exceed one-half (1/2) hour in length. If the bargaining agent is present, he/she will have time, not to exceed one-half (1/2) hour, to privately confer with the employee’s cost, except that employees may use accrued paid time off . Prior to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by testing an employee based on reasonable suspicion, the Department of Personnel will utilize police personnel to re-confirm the reasonable suspicion observation and, if needed, to test and/or transport to a specimen shall be at the employee’s costtesting location.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Reasonable Suspicion. a. Reasonable suspicion to test a Covered Employees for illegal drugs or alcohol will exist when specific, reliable objective facts and circumstances would create a good faith belief in a prudent person that the employee has used a drug or alcohol. Such circumstances include, but are not limited to, the employee’s behavior or appearance while on any SFMTA City jobsite, while on SFMTA City business or in SFMTA City facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes fumes, smoke or smokeillnesses.
b. Any individual or employee can report an employee who may be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or illegal drugs on the job, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsiteon-site, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.
c. If the SFMTA City requires an employee to be tested under reasonable suspicion, 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 SFMTA may City shall allow a reasonable amount of time (a maximum of one hour) of time 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. Moreover, if the SFMTA City has reasonable suspicion reason to believe or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.tested unless the City has prior knowledge and approval of a Covered Employee’s health condition requiring the use of prescription medication..
e. The department representative(s) shall be required to accurately document and file the incident and the employee shall be required to complete a consent form prior to any testing. If an employee refuses to Submit to testing, then the SFMTA City shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.
f. The SFMTA shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s cost.
Appears in 1 contract
Samples: Memorandum of Understanding
Reasonable Suspicion. a. Reasonable suspicion to test a Covered Employees for illegal drugs or alcohol will exist when specific, reliable objective facts and circumstances would create a good faith belief in a prudent person that the employee has used a drug or alcohol. Such circumstances include, but are not limited to, the employee’s behavior or appearance while on any SFMTA City jobsite, while on SFMTA City business or in SFMTA City facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes fumes, smoke or smokeillnesses.
b. Any individual or employee can report an employee who may be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or illegal drugs on the job, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsiteon-site, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.
c. If the SFMTA City requires an employee to be tested under reasonable suspicion, 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 SFMTA may City shall allow a reasonable amount of time (a maximum of one hour) of time 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. Moreover, if the SFMTA City has reasonable suspicion reason to believe or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.tested unless the City has prior knowledge and approval of a Covered Employee’s health condition requiring the use of prescription medication..
e. The department representative(s) shall be required to accurately document and file the incident and the employee shall be required to complete a consent form prior to any testing. If an employee refuses Refuses to Submit to testing, then the SFMTA City shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.
f. The SFMTA City shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s cost.
Appears in 1 contract
Samples: Memorandum of Understanding
Reasonable Suspicion. a. Reasonable suspicion An employee may be required to test undergo testing based on "reasonable suspicion" when objective facts and observations are brought to the attention of a Covered Employees for superior officer and, based upon the reliability and weight of such information, the superior officer can reasonably infer or suspect that the member is using illegal drugs or alcohol will exist when specific, reliable objective is reporting for duty under the influence of illegal drugs. Reasonable suspicion must be supported by specific facts and circumstances would create a good faith belief in a prudent person that the employee has used a drug or alcohol. Such circumstances which may include, but are not limited to, : reports and observations of the employee’s member's drug related activities; an otherwise unexplained change in the member's behavior or appearance while on any SFMTA jobsite, while on SFMTA business or in SFMTA facilities, and recognized and accepted symptoms of intoxication or work performance; an observed impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes or smoke.
b. Any individual or employee can report an employee who may be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or illegal drugs on the job, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority member's ability to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsite, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.
c. If the SFMTA requires an employee to be tested under reasonable suspicion, then the employee may ask for representation. Representation may include, but is not limited to, union representatives and shop stewardsperform his or her duties. If the employee requests representationis ordered to submit to a drug test, the SFMTA may allow a reasonable amount (a maximum of one hour) of time 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. Moreover, if the SFMTA has reasonable suspicion or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.
e. The department representative(s) shall be required to accurately document and file the incident and the employee shall be required given a brief verbal statement of the basis for reasonable suspicion. A written record of the basis for reasonable suspicion testing shall be signed by the supervisor within twenty-four (24) hours and made available to complete the employee upon his/her request. However, the testing shall not be delayed to await the written record. A superior officer, when making a consent form determination that he/she has reasonable suspicion that an employee has engaged in substance abuse, shall consult with and receive approval from his /her immediate supervisor prior to any testingordering the officer to undergo a test. If Immediate notification must also be made to the Chief of Police or his/her designee. When an employee refuses is informed of the supervisory determination to Submit undergo a test, such employee shall be entitled to testingXxxxxxxxxx rights and Xxxxxxx advisements. An employee tested under reasonable suspicion shall be placed on paid administrative leave pending the results of such test. The City shall provide training for supervisory officers, then but the SFMTA lack of such training of a particular supervisor shall treat not prevent his/her determination of reasonable suspicion of substance abuse, unless the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant lack of training is shown to have undermined the attached discipline matrix.
f. The SFMTA shall bear reliability of the costs for any required testing for alcohol and/or drugs under determination. Under this section. Any counseling and rehabilitation services , the consequences of a positive test for use of an illegal drug shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s costdischarge.
Appears in 1 contract
Samples: Working Agreement
Reasonable Suspicion. a. “reasonable suspicion” or “reasonable cause” is a belief based upon facts gathered from the totality of the circumstances that would cause a reasonable supervisor or manager to suspect impaired performance or reduced job safety by an employee on the job. Reasonable suspicion is not to test a Covered Employees be based upon unconfirmed rumors, but shall be based upon “individual observation by an individual of Supervisory or Managerial” rank trained by the District to recognize the symptoms of substance abuse. The Supervisor or Manager is required to take into account other possible explanations for illegal drugs observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious fumes or alcohol will exist when specific, reliable objective smoke. The facts supporting the reasonable suspicion shall be documented and circumstances would create a good faith belief recorded in a prudent person that manner provided in Attachment I. In determining if reasonable suspicion exists, the employee has used a drug or alcohol. Such circumstances includesupervisor shall consider factors such as, but are not limited to, the employee’s behavior or appearance while on any SFMTA jobsite, while on SFMTA business or in SFMTA facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use side effects of prescription drugsand/or over the counter medications, or reaction reactions to noxious nauseous fumes or smoke, etc.
b. Any individual or employee can report , which may explain the behavior of the employee. The involvement of an employee who in an accident or on- the-job injury shall not, standing alone, constitute the reasonable suspicion required by this Policy. The subject employee shall, where possible, be interviewed prior to a reasonable suspicion determination being made. The employee shall have the right to CVPF representation during such interview unless acquiring such representation would delay the interview and possible test for an unreasonable period of time. An unreasonable delay is one which may impact the validity of any test results. The suspected employee shall have the right to CVPF representation during such interview, if requested, and the employee shall be advised of that right by the Fire Chief or designee prior to any such interview. The employee and, if
1) Slurred Speech;
2) Physical altercation;
3) Verbal altercation;
4) On-duty possession of alcohol or drugs;
5) Information obtained from a reliable person with personal knowledge as to an employee’s drug or alcohol use or possession;
6) Disorientation or job impairment (inability to perform employee’s job in a routine manner);
7) Any bargaining unit member arrested and/or convicted for driving any type of vehicle under the influence of alcohol or drugs. Upon receiving a report ;
8) Any bargaining unit member arrested and/or convicted of possible an alcohol or illegal drugs drug-related criminal charge;
9) Odor of alcohol on the job, two (2breath;
10) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsite, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.Unsteady gait or balance;
c. If the SFMTA requires an employee to be tested under reasonable suspicion, 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 SFMTA may allow a reasonable amount (a maximum of one hour11) of time 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.Glassy eyes;
d. Moreover, if the SFMTA has reasonable suspicion or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.
e. The department representative(s12) shall be required to accurately document and file the incident and the employee shall be required to complete a consent form prior to any testing. If an employee refuses to Submit to testing, then the SFMTA shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.
f. The SFMTA shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s cost.Drowsiness 13) Euphoria;
Appears in 1 contract
Samples: Memorandum of Understanding
Reasonable Suspicion. a. Reasonable suspicion An employee may be required to test undergo testing based on “reasonable suspicion” when objective facts and observations are brought to the attention of a Covered Employees for superior officer and, based upon the reliability and weight of such information, the superior officer can reasonably infer or suspect that the member is using illegal drugs or alcohol will exist when specific, reliable objective is reporting for duty under the influence of illegal drugs. Reasonable suspicion must be supported by specific facts and circumstances would create a good faith belief in a prudent person that the employee has used a drug or alcohol. Such circumstances which may include, but are not limited to, : reports and observations of the employeemember’s drug related activities; an otherwise unexplained change in the member’s behavior or appearance while on any SFMTA jobsite, while on SFMTA business or in SFMTA facilities, and recognized and accepted symptoms of intoxication or work performance; an observed impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes or smoke.
b. Any individual or employee can report an employee who may be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or illegal drugs on the job, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority member’s ability to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsite, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.
c. If the SFMTA requires an employee to be tested under reasonable suspicion, then the employee may ask for representation. Representation may include, but is not limited to, union representatives and shop stewardsperform his or her duties. If the employee requests representationis ordered to submit to a drug test, the SFMTA may allow a reasonable amount (a maximum of one hour) of time 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. Moreover, if the SFMTA has reasonable suspicion or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.
e. The department representative(s) shall be required to accurately document and file the incident and the employee shall be required given a brief verbal statement of the basis for reasonable suspicion. A written record of the basis for reasonable suspicion testing shall be signed by the supervisor within twenty-four (24) hours and made available to complete the employee upon his/her request. However, the testing shall not be delayed to await the written record. A superior officer, when making a consent form determination that he/she has reasonable suspicion that an employee has engaged in substance abuse, shall consult with and receive approval from his/her immediate supervisor prior to any testingordering the officer to undergo a test. If Immediate notification must also be made to the Chief of Police or his/her designee. When an employee refuses is informed of the supervisory determination to Submit undergo a test, such employee shall be entitled to testingXxxxxxxxxx rights and Xxxxxxx advisements. An employee tested under reasonable suspicion shall be placed on paid administrative leave pending the results of such test. The City shall provide training for supervisory officers, then but the SFMTA lack of such training of a particular supervisor shall treat not prevent his/her determination of reasonable suspicion of substance abuse, unless the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant lack of training is shown to have undermined the attached discipline matrix.
f. The SFMTA shall bear reliability of the costs for any required testing for alcohol and/or drugs under determination. Under this section. Any counseling and rehabilitation services , the consequences of a positive test for use of an illegal drug shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s costdischarge.
Appears in 1 contract
Samples: Working Agreement
