Common use of Regarding Controlled Substances Clause in Contracts

Regarding Controlled Substances. The initial screening test for controlled substances shall be done using the EMIT methodology or other state or federal accepted methodology, as new techniques are developed. Confirmatory testing shall be done using the gas chromatography/mass spectrometry (GC/MS) methodology or other state or federal accepted methodology which may be developed. See the list of currently recognized substances and the currently accepted testing cutoff levels which appear in Appendix E. The parties agree that if these levels are changed in the federal regulations and guidelines that the cut off levels that prevail at the time an employee is tested are the levels against which the employee will be measured. Testing for controlled substances shall be conducted using urine collection. At the time of collection a split sample shall be collected and stored for use in confirmatory testing. Strict and verifiable chain of custody requirements shall be required for each collection procedure. The test results will be kept separate from the personnel file and will be kept strictly confidential. The requirements for chain of custody, storage of urine samples, quality assurance and control, will be the responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available to the Union upon request. Employees testing positive who are taking valid medical prescriptions in the manner prescribed by their physicians must present objective evidence, such as the prescription itself or a signed statement from their doctors verifying the type, amount, and frequency with which they must take all of the prescription medications that they are currently taking. Employees testing positive must submit to E.A.P. counseling and must complete a mutually agreeable professional treatment program and shall be subject to random testing for a period of two (2) consecutive years directly following the successful completion of the professional treatment program. The professional treatment program must certify that the employee test below the contractually mandated level. Such an employee will then be returned to work. In the event the employer and employee are not able to agree on a treatment program, a treatment program will be selected by the Employee Assistance Program administrator. Failure to comply with the requirements of this paragraph shall be grounds for immediate discharge. A second positive test may result in discharge. Nothing in this section is intended to be in conflict with existing law. In the event that any provision of this section shall at any time be held to be contrary to law by a court of competent jurisdiction, from whose final judgment or decree no appeal has been taken within the limits for doing so, such provision of this section shall not continue in force or effect. Employees in possession of or selling illegal drugs or alcohol on the job shall be subject to disciplinary action, up to and including discharge.

Regarding Controlled Substances. The initial screening test for controlled substances shall be done using the EMIT methodology or other state or federal accepted methodology, as new techniques are developed. Confirmatory testing shall be done using the gas chromatography/mass spectrometry (GC/MS) methodology or other state or federal accepted methodology which may be developed. See the list of currently recognized substances and the currently accepted testing cutoff levels which appear in Appendix E. The parties agree that if these levels are changed in the federal regulations and guidelines that the cut off levels that prevail at the time an employee is tested are the levels against which the employee will be measured. Testing for controlled substances shall be conducted using urine collection. At the time of collection a split sample shall be collected and stored for use in confirmatory testing. Strict and verifiable chain of custody requirements shall be required for each collection procedure. Testing for controlled substances The test results will be kept separate from the personnel file and will be kept strictly confidential. The requirements for chain of custody, storage of urine samples, quality assurance and control, will be the responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available to the Union upon request. Employees testing positive who are taking valid medical prescriptions in the manner prescribed by their physicians must present objective evidence, such as the prescription itself or a signed statement from their doctors verifying the type, amount, and frequency with which they must take all of the prescription medications that they are currently taking. Employees testing positive must submit to E.A.P. counseling and must complete a mutually agreeable professional treatment program and shall be subject to random testing for a period of two (2) consecutive years directly following the successful completion of the professional treatment program. The professional treatment program must certify that the employee test below the contractually mandated level. Such an employee will then be returned to work. In the event the employer and employee are not able to agree on a treatment program, a treatment program will be selected by the Employee Assistance Program administrator. Failure to comply with the requirements of this paragraph shall be grounds for immediate discharge. A second positive test may result in discharge. Nothing in this section is intended to be in conflict with existing law. In the event that any provision of this section shall at any time be held to be contrary to law by a court of competent jurisdiction, from whose final judgment or decree no appeal has been taken within the limits for doing so, such provision of this section shall not continue in force or effect. Employees in possession of or selling illegal drugs or alcohol on the job shall be subject to disciplinary action, up to and including discharge.

Regarding Controlled Substances. The initial screening test for controlled substances shall be done using the EMIT methodology or other state or federal accepted methodology, as new techniques are developed. Confirmatory testing shall be done using the gas chromatography/mass spectrometry (GC/MS) methodology or other state or federal accepted methodology which may be developed. See the list of currently recognized substances and the currently accepted testing cutoff levels which appear in Appendix E. B. The parties agree that if these levels are changed in the federal regulations and guidelines that the cut off levels that prevail at the time an employee is tested are the levels against which the employee will be measured. Testing for controlled substances shall be conducted using urine collection. At the time of collection a split sample shall be collected and stored for use in confirmatory testing. Strict and verifiable chain of custody requirements shall be required for each collection procedure. The test results will be kept separate from the personnel file and will be kept strictly confidential. The requirements for chain of custody, storage of urine samples, quality assurance and control, will be the responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available to the Union upon request. Employees testing positive who are taking valid medical prescriptions in the manner prescribed by their physicians must present objective evidence, such as the prescription itself or a signed statement from their doctors verifying the type, amount, and frequency with which they must take all of the prescription medications that they are currently taking. Employees testing positive must submit to E.A.P. counseling and must complete a mutually agreeable professional treatment program and shall be subject to random testing for a period of two (2) consecutive years directly following the successful completion of the professional treatment program. The professional treatment program must certify that the employee test below the contractually mandated level. Such an employee will then be returned to work. In the event the employer and employee are not able to agree on a treatment program, a treatment program will be selected by the Employee Assistance Program administrator. Failure to comply with the requirements of this paragraph shall be grounds for immediate discharge. A second positive test may result in discharge. Nothing in this section is intended to be in conflict with existing law. In the event that any provision of this section shall at any time be held to be contrary to law by a court of competent jurisdiction, from whose final judgment or decree no appeal has been taken within the limits for doing so, such provision of this section shall not continue in force or effect. Employees in possession of or selling illegal drugs or alcohol on the job shall be subject to disciplinary action, up to and including discharge.