Common use of Reasonable Suspicion Clause in Contracts

Reasonable Suspicion. “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 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 observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious fumes or smoke. The facts supporting the reasonable suspicion shall be documented and recorded in a manner provided in Attachment I. In determining if reasonable suspicion exists, the supervisor shall consider factors such as, but not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior of the employee. The involvement of an employee 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 applicable, CVPF 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 their 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:

Reasonable Suspicion. Subject to the provisions of this article, an employee shall be subject to urinalysis drug testing (which shall be drug specific) if reasonable suspicion of non-prescriptive drug use exists, as determined by the Chief of the Police Department or a Superior Officer (a sergeant or lieutenant). If the determination is made by a Superior Officer, he or she shall consult with a second Superior Officer and/or with the Chief of Police and they shall jointly decide whether reasonable suspicion exists and if the employee shall be referred for drug testing. If the Superior Officer making the initial determination is a Sergeant, reasonable efforts will be made to have the second Superior Officer be either a Lieutenant or the Chief of Police. Determination of “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 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 observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious fumes or smoke. The facts supporting the reasonable suspicion shall be documented and recorded in a manner provided in Attachment I. In determining if reasonable suspicion exists, the supervisor shall consider factors such as, but not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior of the employee. The involvement of an employee 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 madecomport with constitutional/legal guidelines. The employee shall have be advised by the right Chief or Superior in writing, (and in a manner which protects the privacy of the officer), of the facts and circumstances constituting his determination of “reasonable suspicion,” and such notice shall inform the employee of his rights and obligations under this article. If the individual or the Union challenges the reasonable suspicion upon which the Chief relies, the individual must still provide the test sample according to CVPF representation during the procedures and safeguards set forth below, however, the physician office/laboratory obtaining said sample shall not test such interview sample as described herein unless acquiring such representation would delay and until permitted to do so pursuant to the interview arbitration provisions described herein. Immediately upon the individual or the Union contesting the Chief’s order for urinalysis, the City and possible test for an unreasonable period the Union jointly agree to submit the question of time. An unreasonable delay is one which may impact whether or not the validity of any test resultsChief had reasonable suspicion to order drug testing to a permanent arbitrator selected by the parties to decide this issue. The suspected employee parties agree that absent mutual agreement to choose different arbitrators, Arbitrator Xxxxx Xxxxxx shall have be the right to CVPF representation during primary individual who shall make such interview, if requesteddetermination, and the employee if he is unable to render a decision promptly, an alternative arbitrator, Xxxxx Xxxx Xxxxxxx, shall be advised of that right the alternate. The hearing (which can be by phone conference or other expedited method chosen by the Fire Chief or designee prior to any such interview. The employee and, if applicable, CVPF 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 their condition, arbitrator) and the Fire Chief decision shall be rendered on an expedited basis within seven days, or designee such other time as the parties agree. Such decision shall keep a record of be final and binding on the interview. A non-inclusive description of behavior that may constitute evidence of reasonable suspicion is as follows:parties.

Reasonable Suspicion. An employee may be required to undergo testing based on “reasonable suspicion” or “reasonable cause” is when objective facts and observations are brought to the attention of a belief superior officer and, based upon facts gathered from the totality reliability and weight of such information, the circumstances superior officer can reasonably infer or suspect that would cause a reasonable supervisor the member is using illegal drugs or manager to suspect impaired performance or reduced job safety by an employee on is reporting for duty under the jobinfluence of illegal drugs. Reasonable suspicion is not to must be based upon unconfirmed rumorssupported by specific facts which may include, but are not limited to: reports and observations of the member’s drug related activities; an otherwise unexplained change in the member’s behavior or work performance; an observed impairment of the member’s ability to perform his or her duties. If the employee is ordered to submit to a drug test, the employee shall be based upon “individual observation by an individual given a brief verbal statement of Supervisory or Managerial” rank trained the basis for reasonable suspicion. A written record of the basis for reasonable suspicion testing shall be signed by the District supervisor within twenty-four (24) hours and made available to recognize the symptoms of employee upon his/her request. However, the testing shall not be delayed to await the written record. A superior officer, when making a 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 ordering the officer to undergo a test. The Supervisor Immediate notification must also be made to the Chief of Police or Manager his/her designee. When an employee is required informed of the supervisory determination to take into account other possible explanations for observed behaviorundergo a test, such as illness, lack of sleep, fatigue, employee shall be entitled to Xxxxxxxxxx rights and reactions to noxious fumes or smokeXxxxxxx advisements. The facts supporting the An employee tested under reasonable suspicion shall be documented and recorded in placed on paid administrative leave pending the results of such test. The City shall provide training for supervisory officers, but the lack of such training of a manner provided in Attachment I. In determining if reasonable suspicion exists, the particular supervisor shall consider factors such as, but not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior of the employee. The involvement of an employee 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 prevent his/her 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 applicable, CVPF representation shall upon request be given copies of all available documentation of reasonable suspicion and of substance abuse, unless the lack of training is shown to have reasonable time to review these documents before undermined the interview commencesreliability of the determination. During the interviewUnder this section, the Fire Chief or designee consequences of a positive test for use of an illegal drug shall give the employee the opportunity to explain their 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:be discharge.

Reasonable Suspicion. “An employee may be subjected to reasonable suspicion” suspicion testing, if the University believes the employee has violated the policy and is suspected of impairment by use of alcohol or “controlled substances. Two (2) duly certified managers/supervisors shall make a determination that reasonable cause” is a belief cause exists to require the employee to undergo an alcohol or drug testing 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 be based upon unconfirmed rumorsspecific contemporaneous, 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 observed articulable observations concerning appearance, behavior, such as illnessspeech, lack of sleep, fatigue, and reactions to noxious fumes or smoke. The facts supporting the reasonable suspicion shall be documented and recorded in a manner provided in Attachment I. In determining if reasonable suspicion exists, the supervisor shall consider factors such as, but not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior body odors of the employee. Alcohol testing for reasonable suspicion must take place within eight (8) hours of the observations. Employees may not report for duty or stay on the job while under the influence of alcohol. The involvement University will not allow any employee to perform any job duties until his/her alcohol concentration is less than 0.02 or twenty-four (24) hours have passed from the time of the initial testing. Managers/Supervisors charged with the responsibility of determining reasonable suspicion must have a minimum of sixty (60) minutes of training on controlled substances and a minimum of sixty (60) minutes of training on alcohol misuse. The training must cover the physical, behavioral, speech and performance indications of probably use of controlled substances. Testing for reasonable suspicion shall require thorough documentation. A written record of the observations leading to alcohol and controlled substances testing must be created by the managers/supervisors making the observation within twenty-four (24) hours of the observed behavior. All alcohol and drug abuse suspected violations on site (University of Massachusetts, Amherst) shall be thoroughly documented and monitored by at least two (2) certified personnel. What Happens If I Refuse to Be Tested? Employees must submit to alcohol and drug testing either post-incident or if reasonable suspicion has been determined. If a unit member refuses to be tested, it shall be considered to be a positive test, the consequences of which are enumerated later in the policy. Refusal to test is defined as any time the employee either fails to provide enough breath for alcohol testing or enough urine for controlled substances testing (without a valid medical excuse previously provided to the designated employee representative) after being notified of the test, failure to remain available for testing, leaves the scene of an accident/incident before the test is administered, or if the employee in otherwise obstructs the testing process. How Is Alcohol Testing Done? Alcohol testing* is done by analyzing an accident or on- the-job injury shall not, standing alone, constitute the reasonable suspicion required by this Policyemployee's breath alcohol. The subject employee shall, where possible, be interviewed prior to test is given by a reasonable suspicion determination being madeBreathalyzer Alcohol Technician. The results are reported immediately to the employee shall have and the right MRO. If the blood alcohol concentration is 0.02 or higher, the employee will be asked 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 resultstake a second breathalyzer test. The suspected employee shall have first test is called a screening test and the right second test is referred to CVPF representation during such interviewas a confirmation test. If the confirmation test confirms a blood alcohol concentration of 0.02 or greater but less than 0.04, if requested, and the employee shall be advised sent home for the balance of that right the work day and placed in a no pay status. Separate successive incidences, by the Fire Chief same employee, will subject him/her to the disciplinary process enumerated in the existing collective bargaining agreement. If an employee tests negative, except for the noted requirements above, the testing provider will inform the employee and the Designated Employee Representative that the employee is eligible to return to work. If the employee refuses to be tested or designee to sign the testing form, the test is considered positive and the laboratory will immediately notify the appropriate Designated Employee Representative. *Alcohol Testing: Under the University's current CDL Alcohol and Controlled Substance Testing Policy, CDL drivers shall only be tested for alcohol immediately prior to any such interviewperforming, during, or immediately after performing safety sensitive functions. The employee andUnder this NON DOT policy, if applicableCDL drivers, CVPF representation shall upon request when not performing safety sensitive functions, may be given copies of all available documentation of tested anytime for reasonable suspicion and have reasonable time to review these documents before the interview commences. During the interview, the Fire Chief or designee shall give while the employee is at work. If a CDL driver is not performing safety sensitive functions and is tested for alcohol pursuant to this NON DOT policy, he/she must be so advised that the opportunity testing shall occur pursuant to explain their condition, and the Fire Chief or designee shall keep this NON DOT policy. How Is Drug Testing Done? Controlled Substances Testing is done by analyzing a record of the interview. A non-inclusive description of behavior that may constitute evidence of reasonable suspicion urine sample which is as follows:collected in a private location.

Reasonable Suspicion. “reasonable suspicion” Conducted when a Supervisor observes specific indicators characteristic of prohibited drug or “reasonable cause” alcohol use is a belief based upon facts gathered from present in the totality of the circumstances that would cause a reasonable supervisor employee's appearance, behavior, speech or manager to suspect impaired performance or reduced job safety by an employee on the job. Reasonable suspicion is not to 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 abusebody. The Supervisor or Manager is required will request a second opinion from another non-represented management employee who has been trained (both must agree) prior to requesting an employee to take into account other possible explanations for observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious fumes or smoke. The facts supporting the reasonable suspicion shall be documented and recorded in a manner provided in Attachment I. In determining if reasonable suspicion exists, the supervisor shall consider factors such as, but not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior of the employee. The involvement of an employee 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 madedrug/alcohol test. 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 At this 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 informed of the right to Guild representation. Guild representation shall be available either by phone or in person within thirty (30) minutes of the notification of a reasonable suspicion situation involving one of their members. This will not be construed as an opportunity for an employee to delay testing. Employees may not operate County motor vehicles or equipment after being notified that right by 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 Fire Chief test has been completed. Additionally, employees believed to be under the influence or designee prior impaired for any reason shall be tested at the job site, collector’s office or medical facility (transportation, if necessary, will be provided). Following the testing, the employee will be transported home via a local cab company, at the County's expense, or provided the opportunity to any such interviewcontact a non-duty-employee or non-employee for a ride. The employee and, will be informed that the law enforcement authorities shall be notified of his/her vehicle license number if applicable, CVPF 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 insists on driving. In no case will a Supervisor or other on-duty employee transport the opportunity employee. Refusal to explain their conditionTest. 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 tested positive. The employee will be evaluated by a Substance Abuse Professional (SAP) or Chemical Dependency Professional (CDP) and will be subject to discipline up to and including immediate termination. Refusal to submit to a test includes: • Refusal to take a drug or alcohol test • Tampering with or attempting to adulterate the specimen or collection procedure • Not reporting to the collection site in the time allotted, or • Leaving the scene of an accident or incident without a valid reason before testing. Providing False Information. Any employee providing false information will be treated as if they have tested positive, be evaluated by a SAP or CDP, and will be subject to discipline up to and including immediate termination. Drug/Alcohol Testing Processes. Drug and alcohol testing shall be conducted in strict accordance with federal regulations to ensure accuracy, reliability, and confidentiality. Testing records and results will be released only to those authorized by the federal drug and alcohol testing rules to receive such information. Xxxxx County will make every appropriate effort to protect the 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 conducted at the job site, collector’s office or medical facility. The specific procedure used for testing is as follows: • The collection site personnel will obtain the appropriate urine custody and control forms and inspect the collection room. • The donor will be asked to present picture identification to the collection site person. • The donor will check belongings and remove unnecessary outer garments. • Donor will wash hands, take the collection cup and enter the privacy enclosure to collect at least forty-five (45) milliliters of specimen unobserved. • The collection site person records the temperature of the specimen. • The specimen will be split into two (2) bottles. • Both bottles will be labeled and sealed in front of the donor. • The custody control form will be completed, transferring custody from the donor to the collection site person. • The split specimen will be placed in secure storage until shipped for analysis. The integrity of the testing process is ensured through a variety of methods. The collection site is secured when not in use, access to the site is restricted during specimen collection, water sources are controlled to discourage specimen adulteration, trained site collection personnel carefully follow prescribed procedures, specimens are labeled and sealed in front of the donor, chain of custody forms are used, specimens are left in locked storage, and the Fire Chief or designee laboratories used for analysis must meet strict standards to be certified by the U.S. Department of Health and Human Services. The initial drug screen shall keep a record of use the interviewImmunoassay (EMIT) process and the confirmatory test will be by gas chromatography/mass spectrometry. A nonThe drug testing results will be reviewed and positive tests interpreted by the MRO. The following tests and positive test levels shall be used: Initial test analyte Initial test cutoff concentration Confirmatory test analyte Confirmatory test cutoff concentration Marijuana metabolites…... 50 ng/mL……………………. THCA1…………….…………… 15 ng/mL Cocaine metabolites……. 150 ng/mL……………….….. Benzoylecgonine……………. 100 ng/mL Opiate metabolites Codeine/Morphine2…..….. 2000 ng/mL………………. Codeine ……….…….…… 2000 ng/mL Hydrocodone……………. Hydromophone Oxycodone………………. 300 ng/mL ………………. 100 ng/mL ………………. Morphine…………….…….….. Hydrocodone………………. Hydromorophone……………. Oxycodone………………. Oxymorphone………………. 2000 ng/mL 100 ng/mL 100 ng/mL 100 ng/mL 100 ng/mL 6–Acetylmorphine…….…. 10 ng/mL……………………. 6–Acetylmorphine……………. 10 ng/mL Phencyclidine……….…… 25 ng/mL……………………. Phencyclidine………………… 25 ng/mL Amphetamines3 Methamphetamines AMP/MAMP4…..…..…... 500 ng/mL…………………… Amphetamine………….……. 250 ng/mL Methamphetamine5…………. 250 ng/mL MDMA6……………………. 500 ng/mL………………….. MDMA………………………… 250 ng/mL MDA MDA7………………….……… 250 ng/mL 1 Delta-9-inclusive description of behavior that may constitute evidence of reasonable suspicion is as follows:tetrahydrocannabinol-9-carboxylic acid (THCA).

Reasonable Suspicion. “An employee may be required to undergo testing based on "reasonable suspicion” or “reasonable cause” is " when objective facts and observations are brought to the attention of a belief superior officer and, based upon facts gathered from the totality reliability and weight of such information, the circumstances superior officer can reasonably infer or suspect that would cause a reasonable supervisor the member is using illegal drugs or manager to suspect impaired performance or reduced job safety by an employee on is reporting for duty under the jobinfluence of illegal drugs. Reasonable suspicion is not to must be based upon unconfirmed rumorssupported by specific facts which may include, but are not limited to: reports and observations of the member's drug related activities; an otherwise unexplained change in the member's behavior or work performance; an observed impairment of the member's ability to perform his or her duties. If the employee is ordered to submit to a drug test, the employee shall be based upon “individual observation by an individual given a brief verbal statement of Supervisory or Managerial” rank trained the basis for reasonable suspicion. A written record of the basis for reasonable suspicion testing shall be signed by the District supervisor within twenty-four (24) hours and made available to recognize the symptoms of employee upon his/her request. However, the testing shall not be delayed to await the written record. A superior officer, when making a 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 ordering the officer to undergo a test. The Supervisor Immediate notification must also be made to the Chief of Police or Manager his/her designee. When an employee is required informed of the supervisory determination to take into account other possible explanations for observed behaviorundergo a test, such as illness, lack of sleep, fatigue, employee shall be entitled to Xxxxxxxxxx rights and reactions to noxious fumes or smokeXxxxxxx advisements. The facts supporting the An employee tested under reasonable suspicion shall be documented and recorded in placed on paid administrative leave pending the results of such test. The City shall provide training for supervisory officers, but the lack of such training of a manner provided in Attachment I. In determining if reasonable suspicion exists, the particular supervisor shall consider factors such as, but not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior of the employee. The involvement of an employee 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 prevent his/her 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 applicable, CVPF representation shall upon request be given copies of all available documentation of reasonable suspicion and of substance abuse, unless the lack of training is shown to have reasonable time to review these documents before undermined the interview commencesreliability of the determination. During the interviewUnder this section, the Fire Chief or designee consequences of a positive test for use of an illegal drug shall give the employee the opportunity to explain their 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:be discharge.

Reasonable Suspicion. “reasonable suspicion” Conducted when a Supervisor observes specific indicators characteristic of prohibited drug or “reasonable cause” alcohol use is a belief based upon facts gathered from present in the totality of the circumstances that would cause a reasonable supervisor employee's appearance, behavior, speech or manager to suspect impaired performance or reduced job safety by an employee on the job. Reasonable suspicion is not to 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 abusebody. The Supervisor or Manager is required will request a second opinion from another non-represented management employee who has been trained (both must agree) prior to requesting an employee to take into account other possible explanations for observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious fumes or smoke. The facts supporting the reasonable suspicion shall be documented and recorded in a manner provided in Attachment I. In determining if reasonable suspicion exists, the supervisor shall consider factors such as, but not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior of the employee. The involvement of an employee 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 madedrug/alcohol test. 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 At this 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 informed of the right to Guild representation. Guild representation shall be available either by phone or in person within thirty (30) minutes of the notification of a reasonable suspicion situation involving one of their members. This will not be construed as an opportunity for an employee to delay testing. Employees may not operate County motor vehicles or equipment after being notified that right by 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 Fire Chief test has been completed. Additionally, employees believed to be under the influence or designee prior impaired for any reason shall be tested at the job site, collector’s office or medical facility (transportation, if necessary, will be provided). Following the testing, the employee will be transported home via a local cab company, at the County's expense, or provided the opportunity to any such interviewcontact a non-duty-employee or non-employee for a ride. The employee and, will be informed that the law enforcement authorities shall be notified of his/her vehicle license number if applicable, CVPF 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 insists on driving. In no case will a Supervisor or other on-duty employee transport the opportunity employee. Refusal to explain their conditionTest. 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 tested positive. The employee will be evaluated by a Substance Abuse Professional (SAP) or Chemical Dependency Professional (CDP) and will be subject to discipline up to and including immediate termination. Refusal to submit to a test includes: • Refusal to take a drug or alcohol test • Tampering with or attempting to adulterate the specimen or collection procedure • Not reporting to the collection site in the time allotted, or • Leaving the scene of an accident or incident without a valid reason before testing. Providing False Information. Any employee providing false information will be treated as if they have tested positive, be evaluated by a SAP or CDP, and will be subject to discipline up to and including immediate termination. Drug/Alcohol Testing Processes. Drug and alcohol testing shall be conducted in strict accordance with federal regulations to ensure accuracy, reliability, and confidentiality. Testing records and results will be released only to those authorized by the federal drug and alcohol testing rules to receive such information. Xxxxx County will make every appropriate effort to protect the 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 conducted at the job site, collector’s office or medical facility. The specific procedure used for testing is as follows: • The collection site personnel will obtain the appropriate urine custody and control forms and inspect the collection room. • The donor will be asked to present picture identification to the collection site person. • The donor will check belongings and remove unnecessary outer garments. • Donor will wash hands, take the collection cup and enter the privacy enclosure to collect at least forty-five (45) milliliters of specimen unobserved. • The collection site person records the temperature of the specimen. • The specimen will be split into two (2) bottles. • Both bottles will be labeled and sealed in front of the donor. • The custody control form will be completed, transferring custody from the donor to the collection site person. • The split specimen will be placed in secure storage until shipped for analysis. The integrity of the testing process is ensured through a variety of methods. The collection site is secured when not in use, access to the site is restricted during specimen collection, water sources are controlled to discourage specimen adulteration, trained site collection personnel carefully follow prescribed procedures, specimens are labeled and sealed in front of the donor, chain of custody forms are used, specimens are left in locked storage, and the Fire Chief laboratories used for analysis must meet strict standards to be certified by the U.S. Department of Health and Human Services. The initial drug screen shall use the Immunoassay (EMIT) process and the confirmatory test will be by gas chromatography/mass spectrometry. The drug testing results will be reviewed and positive tests interpreted by the MRO. The following tests and positive test levels shall be used: Initial test analyte Initial test cutoff concentration Confirmatory test analyte Confirmatory test cutoff concentration Marijuana metabolites…... 50 ng/mL……………………. THCA1…………….…………… 15 ng/mL Cocaine metabolites……. 150 ng/mL……………….….. Benzoylecgonine……………. 100 ng/mL Opiate metabolites Codeine/Morphine2…..….. 2000 ng/mL………………. Codeine ……….…….…… 2000 ng/mL Hydrocodone……………. Hydromophone Oxycodone………………. 300 ng/mL ………………. 100 ng/mL ………………. Morphine…………….…….….. Hydrocodone………………. Hydromorophone……………. Oxycodone………………. Oxymorphone………………. 2000 ng/mL 100 ng/mL 100 ng/mL 100 ng/mL 100 ng/mL 6–Acetylmorphine…….…. 10 ng/mL……………………. 6–Acetylmorphine……………. 10 ng/mL Phencyclidine……….…… 25 ng/mL……………………. Phencyclidine………………… 25 ng/mL Amphetamines3 Methamphetamines AMP/MAMP4…..…..…... 500 ng/mL…………………… Amphetamine………….……. 250 ng/mL Methamphetamine5…………. 250 ng/mL MDMA6……………………. 500 ng/mL………………….. MDMA………………………… 250 ng/mL MDA MDA7………………….……… 250 ng/mL 1 Delta-9-tetrahydrocannabinol-9-carboxylic acid (THCA). 2 Morphine is the target analyte for codeine/morphine testing. 3 Either a single initial test kit or designee shall keep a record of multiple initial test kits may be used provided the interview. A non-inclusive description of behavior that may constitute evidence of reasonable suspicion is as follows:single test kit detects each target analyte independently at the specified cutoff.

Reasonable Suspicion. “For purposes of this policy, "reasonable suspicion” " means observed condition(s), appearance, odor, behavior, attitude, mood or “reasonable cause” is a belief based upon facts gathered from the totality speech of the circumstances employee suggesting the possibility that would cause the employee is under the influence of a reasonable controlled substance, drug, or alcohol. VOLUNTARY ADMISSION OF DRUG AND/OR ALCOHOL PROBLEM If an employee, prior to being requested to submit to testing as provided in this policy, and prior to engaging in conduct subjecting the employee to discipline, approaches his or her supervisor or manager other designated Company representative and clearly states that he or she has a drug or alcohol problem which he or she wishes to suspect impaired have handled as a confidential medical matter, the Company shall offer such employee a non-paid leave of absence of reasonable duration, not to exceed 120 days, without any loss of seniority, for the purpose of enrolling and participating in a Company-approved drug or alcohol rehabilitation program at the employee’s expense, to the extent not covered by health insurance. Failure to participate in, meet the obligations of, or successfully complete the program shall result in discharge. The fact that an employee has advised his or her supervisor that he or she has a drug or alcohol problem shall not preclude the Company from taking disciplinary action against the employee for any subsequent violation of Company policy, or failure to meet Company attendance, safety or performance or reduced job safety expectations. The Company may condition the return to work by an employee who has taken such a leave of absence on a favorable final report of the job. Reasonable suspicion is not rehabilitation agency, on receipt of negative results of testing for non-prescribed controlled substances or alcohol conducted at a date subsequent to be based upon unconfirmed rumors, but shall be based upon “individual observation by an individual the date 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 observed behavior, such as illness, lack of sleep, fatigueinitial testing, and reactions on execution of a return to noxious fumes or smoke. The facts supporting the reasonable suspicion shall be documented and recorded in a manner provided in Attachment I. In determining if reasonable suspicion existswork agreement providing for, the supervisor shall consider factors such asamong other things, but not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior random testing of the employee. A PPENDIX D V OLUNTARY EMPLOYEE BUYOUT The involvement of an Company may establish/maintain/discontinue a Voluntary Employee Buyout Program. No eligible employee in an accident or on- the-job injury shall not, standing alone, constitute the reasonable suspicion be required by this Policyto participate. The eligibility, terms, timing, duration, application or non-application of such incentive to any employee or group of employees shall not be subject to the grievance or arbitration provisions of the collective bargaining agreement, provided however that the Union may counsel and/or assist eligible employee shall, where possible, members with their decisions. No employees will be interviewed prior contacted about any such offering until the Company has first notified the Union at least fourteen (14) days before making any offering; the Company will provide the Union with the exact terms and amounts then being offered; the eligible classifications; and a list of those employees whom the Company believes would be eligible to a reasonable suspicion determination being madeparticipate if the eligible employee so desires. The No eligible employee shall have the right be forced 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 requestedparticipate, and the employee shall be advised may decline such offer for any reason whatsoever without any reduction in pay, loss of that right by the Fire Chief promotion opportunity, or designee prior loss or reduction of benefits. Even though an eligible employee may decline to any such interview. The employee andparticipate in an offering, he may participate in future offerings, if applicableany, CVPF 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 commencesfor which he/she is then eligible. During the interview, the Fire Chief or designee shall give the employee the opportunity to explain their 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:APPENDIX E P AYROLL QUERY REPORT (SAMPLE) W/E Paid I D Nam e Location Dept JC Class Desc EC Earn Desc Hour s Earns Rate Gross 9/26/200 9 1743A34 7 FRENDS 1100 9 FdClk 10 1 OT 1.5 0.10 2.01 13.4 1 288.2 1 9/26/200 9 1743A34 7 FRENDS 1101 2 HeadClk 00 1 Regular 26.85 367.3 1 13.6 8 586.3 2 9/26/200 9 1743A34 7 FRENDS 1101 2 HeadClk 00 7 Sun Reg 8.00 109.4 4 13.6 8 586.3 2 9/26/200 9 1743A34 7 FRENDS 1101 2 HeadClk 04 7 Sun Prem 8.00 54.72 13.6 8 586.3 2 9/26/200 9 1743A34 9 ADMIN 1101 2 HeadClk 08 1 STR TRN 3.83 52.39 13.6 8 586.3 2 9/26/200 9 1743A34 7 FRENDS 1101 2 HeadClk 10 1 OT 1.5 0.12 2.46 13.6 8 586.3 2 9/26/200 9 1743A34 7 FRENDS 1101 2 HeadClk 00 1 Regular 20.72 283.4 5 13.6 8 557.0 5 9/26/200 9 1743A34 9 ADMIN 1101 2 HeadClk 00 1 Regular 8.00 109.4 4 13.6 8 557.0 5 9/26/200 9 1743A34 7 FRENDS 1101 2 HeadClk 00 7 Sun Reg 8.00 109.4 4 13.6 8 557.0 5 9/26/200 9 1743A34 7 FRENDS 1101 2 HeadClk 04 7 Sun Prem 8.00 54.72 13.6 8 557.0 5 9/26/200 9 1743A33 3 MEAT 1102 7 MtCutter 00 1 Regular 31.50 572.0 4 18.1 6 809.3 8 9/26/200 9 1743A33 3 MEAT 1102 7 MtCutter 00 7 Sun Reg 7.53 136.7 4 18.1 6 809.3 8 9/26/200 9 1743A33 3 MEAT 1102 7 MtCutter 04 7 Sun Prem 7.53 68.37 18.1 6 809.3 8 9/26/200 9 1743A33 3 MEAT 1102 7 MtCutter 10 1 OT 1.5 1.17 31.87 18.1 6 809.3 8 9/26/200 9 1743A33 3 MEAT 1102 7 MtCutter 18 9 FedHDAd j 0.02 0.36 18.1 6 809.3 8 9/26/200 9 1743A30 1 GROCR Y 1100 9 FdClk 00 1 Regular 21.98 294.6 4 13.4 1 565.4 2 9/26/200 9 1743A34 7 FRENDS 1100 9 FdClk 00 1 Regular 0.02 0.27 13.4 1 565.4 2 9/26/200 9 1743A30 1 GROCR Y 1100 9 FdClk 00 7 Sun Reg 8.00 107.2 4 13.4 1 565.4 2 9/26/200 9 1743A30 1 GROCR Y 1100 9 FdClk 04 7 Sun Prem 8.00 53.62 13.4 1 565.4 2 9/26/200 9 1743A34 7 FRENDS 1100 9 FdClk 09 0 FL Holiday 8.00 107.2 4 13.4 1 565.4 2 9/26/200 9 1743A30 1 GROCR Y 1100 9 FdClk 10 1 OT 1.5 0.12 2.41 13.4 1 565.4 2 9/26/200 9 1743A31 6 BAKERY 1100 0 Xxxxx 00 1 Regular 31.42 384.9 0 12.2 5 388.0 2 9/26/200 9 1743A31 6 BAKERY 1100 0 Xxxxx 10 1 OT 1.5 0.17 3.12 12.2 5 388.0 2 9/26/200 9 1743A34 7 FRENDS 1100 9 FdClk 00 1 Regular 37.20 498.6 7 13.4 1 500.6 8 9/26/200 9 1743A34 7 FRENDS 1100 9 FdClk 10 1 OT 1.5 0.10 2.01 13.4 1 500.6 8 9/26/200 9 1743A31 6 BAKERY 1103 3 Bakery Mgr 00 1 Regular 39.35 509.9 8 12.9 6 509.9 8 9/26/200 9 1743A31 6 BAKERY 1106 5 GM/HBCClk 00 1 Regular 32.00 314.8 8 9.84 314.8 8 9/26/200 9 1743A30 1 GROCR Y 1100 9 FdClk 00 1 Regular 25.90 347.1 9 13.4 1 581.5 1 9/26/200 9 1743A30 1 GROCR Y 1100 9 FdClk 00 7 Sun Reg 6.32 84.72 13.4 1 581.5 1 9/26/200 9 1743A30 1 GROCR Y 1100 9 FdClk 04 7 Sun Prem 6.32 42.36 13.4 1 581.5 1 9/26/200 9 1743A30 1 GROCR Y 1100 9 FdClk 09 0 FL Holiday 8.00 107.2 4 13.4 1 581.5 1 9/26/200 9 1743A30 1 GROCR Y 1101 2 HeadClk 00 1 Regular 37.46 512.4 5 13.6 8 517.9 9 9/26/200 9 1743A34 7 FRENDS 1101 2 HeadClk 00 1 Regular 0.06 0.82 13.6 8 517.9 9 9/26/200 9 1743A30 1 GROCR Y 1101 2 HeadClk 10 1 OT 1.5 0.23 4.72 13.6 8 517.9 9 9/26/200 9 1743A31 1 GMHBC 1106 7 GM/HBC Mgr 00 1 Regular 30.02 295.4 0 9.84 452.8 4

Reasonable Suspicion. “When a supervisor believes that a covered employee is in violation of OTETA regulations, he/she shall confer with the district OTETA administrator or designee who shall decide whether to proceed further. If the OTETA administrator or designee meets with the employee for the purpose of notifying him/her that reasonable suspicion” or “reasonable cause” is suspicion testing will be required, he/she shall do so in conjunction with 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 jobtrained supervisor. Reasonable suspicion is not to be based upon unconfirmed rumors, but A Union representative shall be based upon “individual observation by an individual of Supervisory or Managerial” rank trained by permitted to attend the District to recognize the symptoms of substance abuse. The Supervisor or Manager is required to take into account other possible explanations for observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious fumes or smoke. The facts supporting the reasonable suspicion shall be documented and recorded in a manner provided in Attachment I. In determining if reasonable suspicion exists, the supervisor shall consider factors such as, but not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior of the employee. The involvement of an employee 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 meeting with the right to CVPF representation during such interview unless acquiring such representation would delay ask questions for the interview and possible test purpose of clarification. Because time is important when giving an alcohol test, the meeting will not be delayed if the Union representative is unable to be present at the specified time for an unreasonable period of timethe meeting to begin. An unreasonable delay is one During the meeting, the OTETA administrator will cite the indicators which may impact led to the validity of any test results. The suspected employee shall have the right to CVPF representation during such interview, if requestedreasonable suspicion, and the employee shall be advised given an opportunity to give an explanation if he/she desires. Confidentiality Confidentiality required by OTETA regulations will be observed, and no voluntary report of a test required by these regulations shall be made to the Florida Department of Highway Safety and Motor Vehicles. END OF ADDENDUM D ADDENDUM E Performance Based Teacher Compensation Plan The Performance Based Teacher Compensation Plan for the District School Board of Pasco County is designed to be one that right encourages the professional development of teachers. When teachers achieve a high level of performance they will be rewarded under the guidelines of the compensation plan. Effective July 1, 2002 the plan will include the following components: Satisfactory Evaluation Requires all competency areas of the Assessment System to be rated satisfactory. Unsatisfactory Evaluation One or more of the competency areas on the Assessment System marked unsatisfactory. Professional Base Pay Calculated from the Bachelor lanes on Salary Schedule 55 and Salary Schedule 55A. Knowledge Pay Calculated from salary lanes that compensate teacher’s higher education achieved as illustrated on Salary Schedule 55 and Salary Schedule 55A. National Board of Professional Teaching Standards Certification received by the Fire Chief or designee prior to any such interviewNational Board of Professional Teaching Standards. The employee andBoard will contribute the amount which the teacher encumbers as part of the application fee including a $65.00 processing fee when the teacher receives certification. Integral Job Responsibility Pay Integral job responsibility pay is compensation received for professional duties as described in specific job assignment. Examples include but are not limited to Band Director, if applicableBehavior Specialist, CVPF 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 interviewESE Counseling/Parent Education Specialist, the Fire Chief or designee shall give the employee the opportunity to explain their conditionGuidance Counselor, Middle School Reading Resource Specialist, Elementary Reading Specialist, School Psychologist, School Social Worker, Speech/Language Pathologist, Prevention/Intervention Counselor, Therapeutic Preschool Family Specialist, and the Fire Chief or designee shall keep a record Vocational Agriculture Teacher. Supplement Pay Supplement pay is compensation received for additional responsibilities over and above those described in specific job assignment. Experience Pay Compensation awarded to teachers based upon years of the interview. A non-inclusive description of behavior that may constitute evidence of reasonable suspicion is service as follows:illustrated by Salary Schedule 55 and 55A.

Reasonable Suspicion. “reasonable suspicion” or “reasonable cause” is Conducted when a belief based upon facts gathered from the totality of the circumstances that would cause a reasonable trained supervisor or manager to suspect impaired performance observes behavior or reduced job safety appearance which is characteristic of alcohol or drug misuse. An employee may be referred for drug and/or alcohol testing only by a trained supervisor or manager who observes, first hand, specific, articulable and contemporaneous behavior such as appearance, speech or body odors that are characteristic of alcohol or drug misuse. Co- workers or other employees may report a behavior that causes concerns, but employees will only be sent for testing based on first hand observations of a trained supervisor or manager. The supervisor will complete an observation of behavior checklist as part of any referral for reasonable suspicion testing. Use of this checklist will be reviewed during the training for supervisors and managers in the recognition and detection of signs and symptoms of alcohol and drug misuse. The supervisor or manager who has reasonable suspicion that the observed behavior or appearance of an employee on is characteristic of alcohol or drug misuse will take the jobemployee aside to a private area, express their observations, and require (or order, in the case of police and fire personnel) that the employee submit to a drug and/or alcohol test in accordance with City policy. Reasonable suspicion is not Prior to be based upon unconfirmed rumors, but shall be based upon “individual observation by an individual of Supervisory or Managerial” rank trained by beginning a discussion with the District to recognize employee about the symptoms of substance abuse. The Supervisor or Manager is required to take into account other possible explanations for observed behavior, such as illness, lack the supervisor or manager will inform the employee of sleep, fatigue, and reactions their right to noxious fumes or smokehave union representation present during the meeting. Employee requests for representation will be honored to the extent that honoring the request would not unreasonably delay testing. Employees who are required to be tested because of reasonable suspicion are required to report immediately to the specimen collection and/or testing site. The facts supporting supervisor or manager will arrange transportation for the reasonable suspicion shall be documented employee to the specimen collection/testing site and recorded in a manner provided in Attachment I. In determining to the employee's place of residence. If required specimens are not collected or if reasonable suspicion existsrequired tests are not administered within 8 hours (for alcohol) and within 32 hours (for drug), the manager or supervisor shall consider factors such as, but will document the reasons for not limited to, fatigue, lack of sleep, side effects of prescription and/or over collecting the counter medications, reactions specimens or administering the tests and will discontinue the efforts to nauseous fumes or smoke, etc., which may explain the behavior of test the employee. The involvement If the employee exhibits behavior that gives cause for reasonable suspicion testing referral for alcohol misuse, in spite of an inability to immediately test, the employee will not be permitted to complete their shift. Employees who are not permitted to complete a work shift under this policy will be placed on paid administrative leave as described below. If an employee has a positive drug test or a breath test indicating an alcohol level of 0.04 or greater, the employee cannot return to work until they have been evaluated by a substance abuse professional, complied with recommended rehabilitation, and has a negative result on a return to duty drug and/or alcohol test(s). In addition, the employee may also be required to undergo follow-up testing as outlined 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 madepolicy. The employee shall have will be placed on a paid administrative leave from the right time they are required to CVPF representation during undergo testing until 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 time testing, or 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 interviewrequested confirmation tests are completed. The employee and, if applicable, CVPF representation shall upon request be given copies may use any available leave balances to cover any absences that occur from the time period between completion of all available documentation of reasonable suspicion and have reasonable confirmation tests until the time to review these documents before the interview commences. During the interview, the Fire Chief or designee shall give the employee the opportunity is permitted to explain their 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:return to work.