Common use of Specimen Collection Procedures Clause in Contracts

Specimen Collection Procedures. The Employer agrees to use the Specimen Collection Checklist approved by the National UPSF/Union’s UPSF Safety and Health Committee. The checklist is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's privacy. An employee who gives reason to believe that he/she may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/her belongings. The employee may retain his/her wallet. After washing his/her hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer agrees to recognize all employees’ rights to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer agrees that in all circumstances the employee's dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under direct observation will be in accordance with Department of Transportation regulations. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offense. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) If the individual is still unable to provide forty-five (45) milliliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee must be taken out of service once the first (1st) test result is verified as positive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.

Appears in 3 contracts

Samples: National Master Ups Freight Agreement, National Master Ups Freight Agreement, National Master Ups Freight Agreement

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Specimen Collection Procedures. The Employer agrees to use the Specimen Collection Checklist Checklist. The checklist, approved by the National UPSFUPS/Union’s UPSF IBT Safety and Health Committee. The checklist , is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's privacy. An employee who gives reason to believe that he/he or she may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/his or her belongings. The employee may retain his/his or her wallet. After washing his/her hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/his or her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer City agrees to recognize all employees’ rights employee’s right to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer City agrees that in all circumstances the employee's dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under the direct observation of a collection agent (of the same gender) will only be in accordance with Department of Transportation regulationsmade under specific circumstances. All procedures shall be conducted in a professional, discreet and objective manner. Refusal Direct observation will be necessary in cases where there is reason to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offensebelieve that an employee has adulterated the initial specimen. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection first container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) If the individual is still unable to provide forty-five (45) milliliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee must be taken out of service once the first (1st) test result is verified as positive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.fifteen

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Specimen Collection Procedures. The Employer City agrees to use the Specimen Collection Checklist approved by the National UPSF/Union’s UPSF Safety and Health CommitteeControl Checklist. The checklist is to be used with the affected employees at the collection site by the person performing the collection services for the EmployerCity. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individualthe employee's privacy. An employee who gives reason probable cause to believe that hes/she he may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same same-gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection site. Only one one (1) controlled substances drug testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site personagent. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (e.g. purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee with a receipt for his/his or her belongings. The employee may retain his/his or her wallet. After washing his/her hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides will provide the employee with a new, sealed kit selected by the employee. The employee will provide his/his or her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer City agrees to recognize all employees’ rights the employee's right to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer City agrees that in all circumstances the employee's dignity will be considered and all necessary steps will be taken to insure ensure that the entire process does nothing to demean, embarrass or offend the employees employee unnecessarily. Authorization for collection under the direct observation of a same-gender collection agent will only be in accordance with Department of Transportation regulationsmade under specific circumstances. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct Direct observation when requested shall be considered a refusal necessary only in cases where there is probable cause to test and a terminable offensebelieve that an employee has adulterated the original specimen. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection first container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty fifteen (3015) milliliters of urine shall be placed in the primary specimen second container by the collection agent. The collection agent shall then must pour determine that the first container contains at least fifteen thirty (1530) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimenurine. If the individual employee is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual employee to drink fluids, not to exceed forty (40) ounces distributed reasonably over ounces. Then after a period reasonable time not to exceed three (3) hours or until hours, the employee shall again attempt to provide a sufficient complete specimen, using a new specimen is provided, whichever occurs firstcontainer. (The original specimen, if any, should must be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) If the individual employee is still unable to provide forty-forty- five (45) milliliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer City to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual employee will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should shall contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer City designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, include conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation if possible, and the entire procedure should shall be repeated including initiation of a new chain-of-custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- and-control form. Specimen handling (from one (1) authorized individual person or place to another) will always be conducted using chain-of-custody procedures. Every effort must shall be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested tests positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request order that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS SAMHSA approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drugdrug(s). Disciplinary action can take place only after the first laboratory reports a positive finding and the second laboratory confirms the presence of the drug(s). If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff check off authorization form to insure ensure payment by the employee. If the second test is positive, and the employee wishes to use the rehabilitation option, the employee shall reimburse the City the costs of the second confirmation test and handling and shipping charges before entering the rehabilitation program. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as laboratory reports a positive finding and the second (2nd) laboratory confirms the presence of the drug. However, the employee must may be taken out of service once the first (1st) test result is verified as laboratory reports a positive by the MRO finding while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Specimen Collection Procedures. The Employer City agrees to use the Specimen Collection Checklist approved by the National UPSF/Union’s UPSF Safety and Health CommitteeChecklist. The checklist is to be used with the affected employees at the collection site by the person performing the collection services for the EmployerCity. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance drug testing procedure. Nor does it prohibit an employee's ’s recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation (DOT) guidelines to ensure an individual's the employee’s privacy. An employee who gives reason probable cause to believe that he/he or she may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection site. Only one one (1) controlled substances drug testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site personagent. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (e.g. purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee with a receipt for his/his or her belongings. The employee may retain his/his or her wallet. After washing his/his or her hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides will provide the employee with a new, sealed kit selected by the employee. The employee will provide his/his or her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer City agrees to recognize all employees’ rights the employee’s right to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer City agrees that in all circumstances the employee's ’s dignity will be considered and all necessary steps will be taken to insure ensure that the entire process does nothing to demean, embarrass embarrass, or offend the employees employee unnecessarily. Authorization for collection under the direct observation of a same gender collection agent will only be in accordance with Department of Transportation regulationsmade under specific circumstances. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct Direct observation when requested shall be considered a refusal necessary only in cases where there is probable cause to test and a terminable offensebelieve that an employee has adulterated the initial specimen. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection first container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty fifteen (3015) milliliters of urine shall be placed in the primary specimen second container by the collection agent. The collection agent then must pour shall determine that the first container contains at least fifteen thirty (1530) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimenurine. If the individual employee is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual employee to drink fluids, not to exceed forty (40) ounces distributed reasonably over ounces. Then after a period reasonable time not to exceed three (3) hours or until hours, the employee shall again attempt to provide a sufficient complete specimen, using a new specimen is provided, whichever occurs first. container (The the original specimen, if any, should must be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) ). If the individual employee is still unable to provide forty-five (45) milliliters of urine, he/he or she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer City to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual employee will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should shall contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer City designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, include conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation if possible, and the entire procedure should shall be repeated including initiation of a new chain-of-custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- and-control form. Specimen handling (from one (1) authorized individual person or place to another) will always be conducted using chain-of-custody procedures. Every effort must shall be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested tests positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request order that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS SAMHSA approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drugdrug(s). Disciplinary action can take place only after the first laboratory reports a positive finding and the second laboratory confirms the presence of the drug(s). If an employee chooses to have the second (2nd) sample analyzed, he/he or she shall at that time execute a special checkoff check off authorization form to insure payment by the employee. If the second test is positive, and the employee wishes to use the rehabilitation option, the employee shall reimburse the City the costs of the second confirmation test and handling and shipping charges before entering the rehabilitation program. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as laboratory reports a positive finding and the second (2nd) laboratory confirms the presence of the drug. However, the employee must may be taken out of service once the first (1st) test result is verified as laboratory reports a positive by the MRO finding while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Specimen Collection Procedures. The Employer agrees to use the Specimen Collection Checklist approved by the National UPSF/Union’s UPSF Safety and Health Committee. The checklist is to be used with the affected employees at the collection site by the person performing the collection services servic- es for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's ’s recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's ’s privacy. An employee who gives reason to believe that he/he or she may have adulterated adul- terated or substituted a sample will be required to provide a specimen speci- men under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection col- lection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/his or her belongings. The employee may retain his/his or her wallet. After washing his/her hands, the employee shall remain in the presence pres- ence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/his or her specimen in a stall or otherwise other- wise partitioned area that allows for privacy. The Employer agrees to recognize all employees’ rights to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer agrees that in all circumstances the employee's employ- ee’s dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under direct observation will be in accordance with Department of Transportation regulations. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct observation when requested shall be considered consid- ered a refusal to test and a terminable offense. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle bot- tle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tamperingtamper- ing.) If the individual is still unable to provide forty-five (45) milliliters mil- liliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection collec- tion agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens speci- mens suspected of being adulterated shall be packaged and forwarded for- warded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- custody-and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody proceduresproce- dures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection col- lection process may be observed. If observed, the observer shall be the same gender as the employee being tested. tested.‌ When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties' choice for GC/MS confirmatory confir- matory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee employ- ee must be taken out of service once the first (1st) test result is verified ver- ified as positive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.

Appears in 2 contracts

Samples: National Master Ups Freight Agreement, National Master Ups Freight Agreement

Specimen Collection Procedures. The Employer agrees to continue use of the Specimen Collection Checklist Checklist. The checklist, approved by the National UPSFUPS/Union’s UPSF IBT Safety and Health Committee. The checklist , is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's ’s recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's ’s privacy. An employee em- ployee who gives reason to believe that he/he or she may have adulterated adulter- ated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample xxx- ple it shall result in the termination of his/her their employment. No unauthorized personnel will be allowed in any area of the collection col- lection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal person- al belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her their pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/his or her belongings. The employee may retain his/his or her wallet. After washing his/her their hands, the employee shall remain in the presence pres- ence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/his or her specimen in a stall or otherwise other- wise partitioned area that allows for privacy. The Employer agrees to recognize all employees’ rights to privacy while being subjected to the collection process at all times and at all collection sites. FurtherFur- ther, the Employer agrees that in all circumstances the employee's ’s dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees employee unnecessarily. Authorization for collection under un- der direct observation will be in accordance with Department of Transportation regulations. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct observation when requested shall be considered consid- ered a refusal to test and a terminable offense. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection container. The employee shall hand the specimen to the collection agent. The specimen shall remain re- main in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle bot- tle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tamperingtamper- ing.) If the individual is still unable to provide forty-five (45) milliliters milli- liters of urine, he/she they will be taken out of service and a medical evaluation eval- uation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide pro- vide forty-five (45) milliliters of urine, the collection agent should contact a third third-party administrator (TPA) and either the District Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt at- tempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens speci- mens suspected of being adulterated shall be packaged and forwarded for- warded to the laboratory for testing. In the event of suspected specimen adulteration, a second (2nd) specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for shippingship- ping. If an employee refuses to provide a second (2nd) specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance ap- pearance on the urine custody- custody-and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody proceduresproce- dures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection col- lection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved ap- proved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she they shall at that time execute a special checkoff authorization form to insure payment by the employeeem- ployee. If the second (2nd) test is positive, and the employee wish- es to use the rehabilitation option, the employee shall reimburse the Employer for the costs of the second (2nd) confirmation test and handling and shipping charges before entering the rehabilitation program. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee must be taken out of service once the first (1st) test result is verified as positive pos- itive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action in the Supplements are waived.

Appears in 1 contract

Samples: Supplemental Agreement

Specimen Collection Procedures. The Employer agrees to use the Specimen Collection Checklist approved by the National UPSF/Union’s UPSF Safety and Health Committee. The checklist is to be used with the affected employees at the collection site by the person performing the collection services servic- es for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's ’s recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's ’s privacy. An employee who gives reason to believe that he/he or she may have adulterated adul- terated or substituted a sample will be required to provide a specimen speci- men under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection col- lection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/his or her belongings. The employee may retain his/his or her wallet. After washing his/her hands, the employee shall remain in the presence pres- ence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/his or her specimen in a stall or otherwise other- wise partitioned area that allows for privacy. The Employer agrees to recognize all employees’ rights to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer agrees that in all circumstances the employee's employ- ee’s dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under direct observation will be in accordance with Department of Transportation regulations. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct observation when requested shall be considered consid- ered a refusal to test and a terminable offense. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle bot- tle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tamperingtamper- ing.) If the individual is still unable to provide forty-five (45) milliliters mil- liliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection collec- tion agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens speci- mens suspected of being adulterated shall be packaged and forwarded forward- ed to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- custody-and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody proceduresproce- dures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection col- lection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties' choice for GC/MS confirmatory con- firmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee must be taken out of service once the first (1st) test result is verified as positive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second sec- ond (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.

Appears in 1 contract

Samples: Freight Agreement

Specimen Collection Procedures. The Employer agrees to use the Specimen Collection Checklist approved by the National UPSF/Union’s UPSF Safety and Health Committee. The checklist is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's privacy. An employee who gives reason to believe that he/he or she may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/his or her belongings. The employee may retain his/his or her wallet. After washing his/her hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/his or her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer agrees to recognize all employees’ rights to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer agrees that in all circumstances the employee's dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under direct observation will be in accordance with Department of Transportation regulations. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offense. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) If the individual is still unable to provide forty-five (45) milliliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee must be taken out of service once the first (1st) test result is verified as positive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.five

Appears in 1 contract

Samples: Ups Freight Agreement

Specimen Collection Procedures. The Employer agrees to use the Specimen Collection Checklist Checklist. The checklist, approved by the National UPSFUPS/Union’s UPSF IBT Safety and Health Committee. The checklist , is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's privacy. An employee who gives reason to believe that he/she they may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/her their belongings. The employee may retain his/her their wallet. After washing his/her their hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/her their specimen in a stall or otherwise partitioned area that allows for privacy. The Employer City agrees to recognize all employees’ rights employee’s right to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer City agrees that in all circumstances the employee's dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under the direct observation of a collection agent (of the same gender) will only be in accordance with Department of Transportation regulationsmade under specific circumstances. All procedures shall be conducted in a professional, discreet and objective manner. Refusal Direct observation will be necessary in cases where there is reason to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offensebelieve that an employee has adulterated the initial specimen. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection first container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) If the individual is still unable to provide forty-five (45) milliliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee must be taken out of service once the first (1st) test result is verified as positive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.fifteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

Specimen Collection Procedures. The Employer agrees to use the Specimen Collection Checklist approved ap- proved by the National UPSF/Union’s UPSF Safety and Health Committee. The checklist is to be used with the affected employees at the collection site by the person performing the collection services ser- vices for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's ’s recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation Trans- portation guidelines to ensure an individual's ’s privacy. An employee who gives reason to believe that he/she may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined deter- mined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection collec- tion site. Only one (1) controlled substances testing collection procedure pro- cedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings be- longings (purse or briefcase) with the collection agent. The employee employ- ee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/her belongings. The employee may retain his/her wallet. After washing his/her hands, the employee shall remain in the presence pres- ence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer agrees to recognize rec- ognize all employees’ rights to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer agrees that in all circumstances the employee's ’s dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under direct observation will be in accordance with Department of Transportation Transporta- tion regulations. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offense. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection container. The employee shall hand the specimen to the collection agent. The specimen shall remain re- main in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimen. If the individual is unable to provide pro- vide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tamperingtamper- ing.) If the individual is still unable to provide forty-five (45) milliliters milli- liters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed li- censed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having hav- ing refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Dis- trict Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt at- tempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens speci- mens suspected of being adulterated shall be packaged and forwarded forward- ed to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation and the entire en- tire procedure should be repeated including initiation of a new custody cus- tody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance ap- pearance on the urine custody- custody-and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody proceduresproce- dures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection col- lection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties' choice for GC/MS confirmatory confir- matory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee employ- ee must be taken out of service once the first (1st) test result is verified veri- fied as positive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.

Appears in 1 contract

Samples: National Master Ups Freight Agreement

Specimen Collection Procedures. The Employer agrees to continue use of the Specimen Collection Checklist Checklist. The checklist, approved by the National UPSFUPS/Union’s UPSF IBT Safety and Health Committee. The checklist , is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's ’s recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's ’s privacy. An employee who gives reason to believe that he/he or she may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/his or her belongings. The employee may retain his/his or her wallet. After washing his/her hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/his or her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer agrees to recognize all employees’ employee’s rights to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer agrees that in all circumstances the employee's ’s dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under direct observation will be in accordance with Department of Transportation regulations. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offense. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) ). . If the individual is still unable to provide forty-five (45) milliliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- custody-and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-of- custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conductedbeing, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee must be taken out of service once the first (1st) test result is verified as positive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.

Appears in 1 contract

Samples: National Master United Parcel Service Agreement

Specimen Collection Procedures. The Employer agrees to use the Specimen Collection Checklist approved by the National UPSFUPSTFF/Union’s UPSF Union Safety and Health Committee. The checklist is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's privacy. An employee who gives reason to believe that he/she may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/her belongings. The employee may retain his/her wallet. After washing his/her hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer agrees to recognize all employees’ rights to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer agrees that in all circumstances the employee's dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under direct observation will be in accordance with Department of Transportation regulations. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offense. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) If the individual is still unable to provide forty-five (45) milliliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- andcustody-and- control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee must be taken out of service once the first (1st) test result is verified as positive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.two

Appears in 1 contract

Samples: National Master Freight Agreement

Specimen Collection Procedures. The Employer agrees to use the Specimen Collection Checklist Checklist. The checklist, approved by the National UPSFUPS/Union’s UPSF IBT Safety and Health Committee. The checklist , is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's privacy. An employee who gives reason to believe that he/he or she may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/his or her belongings. The employee may retain his/his or her wallet. After washing his/her hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/his or her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer City agrees to recognize all employees’ rights employee’s right to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer City agrees that in all circumstances the employee's dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under the direct observation of a collection agent (of the same gender) will only be in accordance with Department of Transportation regulationsmade under specific circumstances. All procedures shall be conducted in a professional, discreet and objective manner. Refusal Direct observation will be necessary in cases where there is reason to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offensebelieve that an employee has adulterated the initial specimen. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection first container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty fifteen (3015) milliliters of urine shall be placed in the primary specimen second container by the collection agent. The collection agent then must pour shall determine that the first container contains at least fifteen thirty (1530) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimenurine. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over ounces. Then after a period reasonable time not to exceed three (3) hours or until hours, the employee shall again attempt to provide a sufficient complete sample, using a new specimen is provided, whichever occurs firstcontainer. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) ). If the individual is still unable to provide forty-five (45) milliliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to City determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer City designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, include conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation if possible, and the entire procedure should be repeated including initiation of a new chain-of- custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up the test is being conductedconducted as part of a rehabilitation program, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS SAMHSA approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff check off authorization form to insure payment by the employee. If the second test is positive, and the employee wishes to use the rehabilitation option, the employee shall reimburse the City the costs of the second confirmation test and handling and shipping charges before entering the rehabilitation program. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as laboratory reports a positive finding and the second (2nd) laboratory confirms the presence of the drug. However, the employee must may be taken out of service once the first (1st) test result is verified as laboratory reports a positive by the MRO finding while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Specimen Collection Procedures. The Employer agrees to continue use of the Specimen Collection Checklist Checklist. The checklist, approved by the National UPSFUPS/Union’s UPSF IBT Safety and Health Committee. The checklist , is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's privacy. An employee who gives reason to believe that he/he or she may have adulterated or substituted a sample will be required re quired to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection site. Only one ({1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display displav the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/his or her belongings. The employee may retain his/his or her wallet. After washing his/her hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer agrees to recognize all employees’ rights to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer agrees that in all circumstances the employee's dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under direct observation will be in accordance with Department of Transportation regulations. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offense. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) If the individual is still unable to provide forty-five (45) milliliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee must be taken out of service once the first (1st) test result is verified as positive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.

Appears in 1 contract

Samples: National Master United Parcel Service Agreement

Specimen Collection Procedures. The Employer agrees to continue use of the Specimen Collection Checklist Checklist. The checklist, approved by the National UPSFUPS/Union’s UPSF IBT Safety and Health Committee. The checklist , is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's ’s recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's ’s privacy. An employee who gives reason to believe that he/he or she may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/his or her belongings. The employee may retain his/his or her wallet. After washing his/her hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/his or her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer agrees to recognize all employees’ employee’s rights to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer agrees that in all circumstances the employee's ’s dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under direct observation will be in accordance with Department of Transportation regulations. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offense. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) ). If the individual is still unable to provide forty-five (45) milliliters of millimeters or urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee must be taken out of service once the first (1st) test result is verified as positive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.TENTATIVE AGREEMENT

Appears in 1 contract

Samples: Collective Bargaining Agreement

Specimen Collection Procedures. The Employer agrees to use the Specimen Collection Checklist Checklist. The checklist, approved by the National UPSFUPS/Union’s UPSF IBT Safety and Health Committee. The checklist , is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's privacy. An employee who gives reason to believe that he/he or she may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/his or her belongings. The employee may retain his/his or her wallet. After washing his/her hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/his or her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer City agrees to recognize all employees’ rights employee’s right to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer City agrees that in all circumstances the employee's dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under the direct observation of a collection agent (of the same gender) will only be in accordance with Department of Transportation regulationsmade under specific circumstances. All procedures shall be conducted in a professional, discreet and objective manner. Refusal Direct observation will be necessary in cases where there is reason to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offensebelieve that an employee has adulterated the initial specimen. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection first container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty fifteen (3015) milliliters of urine shall be placed in the primary specimen second container by the collection agent. The collection agent then must pour shall determine that the first container contains at least fifteen thirty (1530) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimenurine. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over ounces. Then after a period reasonable time not to exceed three (3) hours or until hours, the employee shall again attempt to provide a sufficient complete sample, using a new specimen is provided, whichever occurs firstcontainer. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) ). If the individual is still unable to provide forty-five (45) milliliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to City determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer City designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, include conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation if possible, and the entire procedure should be repeated including initiation of a new chain-of-custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up the test is being conductedconducted as part of a rehabilitation program, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS SAMHSA approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff check off authorization form to insure payment by the employee. If the second test is positive, and the employee wishes to use the rehabilitation option, the employee shall reimburse the City the costs of the second confirmation test and handling and shipping charges before entering the rehabilitation program. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as laboratory reports a positive finding and the second (2nd) laboratory confirms the presence of the drug. However, the employee must may be taken out of service once the first (1st) test result is verified as laboratory reports a positive by the MRO finding while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Specimen Collection Procedures. The Employer agrees to continue use of the Specimen Collection Checklist Checklist. The checklist, approved by the National UPSFUPS/Union’s UPSF IBT Safety and Health Committee. The checklist , is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's ’s recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's ’s privacy. An employee who gives reason to believe that he/he or she may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her their employment. No unauthorized personnel will be allowed in any area of the collection col- lection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her their pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/his or her belongings. The employee may retain his/his or her wallet. After washing his/her their hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/his or her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer agrees to recognize all employees’ rights to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer agrees that in all circumstances the employee's ’s dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees employee unnecessarily. Authorization for collection under direct observation will be in accordance with Department of Transportation regulations. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offense. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) If the individual is still unable to provide forty-five (45) milliliters of urine, he/she they will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third third-party administrator (TPA) and either the District Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second (2nd) specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for shipping. If an employee refuses to provide a second (2nd) specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-of- custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she they shall at that time execute a special checkoff authorization form to insure payment by the employee. If the second (2nd) test is positive, and the employee wishes to use the rehabilitation option, the employee shall reimburse the Employer for the costs of the second (2nd) confirmation test and handling and shipping charges before entering the rehabilitation program. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee must be taken out of service once the first (1st) test result is verified as positive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action in the Supplements are waived.

Appears in 1 contract

Samples: Supplemental Agreement

Specimen Collection Procedures. The Employer agrees to use the Specimen Collection Checklist Checklist. The checklist, approved by the National UPSFUPS/Union’s UPSF IBT Safety and Health Committee. The checklist , is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's privacy. An employee who gives reason to believe that he/she they may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/her their belongings. The employee may retain his/her their wallet. After washing his/her their hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/her their specimen in a stall or otherwise partitioned area that allows for privacy. The Employer City agrees to recognize all employees’ rights employee’s right to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer City agrees that in all circumstances the employee's dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under the direct observation of a collection agent (of the same gender) will only be in accordance with Department of Transportation regulationsmade under specific circumstances. All procedures shall be conducted in a professional, discreet discreet, and objective manner. Refusal Direct observation will be necessary in cases where there is reason to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offensebelieve that an employee has adulterated the initial specimen. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection first container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty fifteen (3015) milliliters of urine shall be placed in the primary specimen second container by the collection agent. The collection agent then must pour shall determine that the first container contains at least fifteen thirty (1530) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimenurine. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over ounces. Then after a period reasonable time not to exceed three (3) hours or until hours, the employee shall again attempt to provide a sufficient complete sample, using a new specimen is provided, whichever occurs firstcontainer. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) ). If the individual is still unable to provide forty-five (45) milliliters of urine, he/she they will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to City determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer City designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, include conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation if possible, and the entire procedure should be repeated including initiation of a new chain-of-custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up the test is being conductedconducted as part of a rehabilitation program, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS SAMHSA approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she they shall at that time execute a special checkoff check off authorization form to insure payment by the employee. If the second test is positive, and the employee wishes to use the rehabilitation option, the employee shall reimburse the City the costs of the second confirmation test and handling and shipping charges before entering the rehabilitation program. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as laboratory reports a positive finding and the second (2nd) laboratory confirms the presence of the drug. However, the employee must may be taken out of service once the first (1st) test result is verified as laboratory reports a positive by the MRO finding while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Specimen Collection Procedures. The Employer agrees to continue use of the Specimen Collection Checklist Checklist. The checklist, approved by the National UPSFUPS/Union’s UPSF IBT Safety and Health Committee. The checklist , is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's ’s recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's ’s privacy. An employee who gives reason to believe that he/he or she may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/his or her belongings. The employee may retain his/his or her wallet. After washing his/her hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. TENTATIVE The employee will provide his/his or her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer agrees to recognize all employees’ employee’s rights to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer agrees that in all circumstances the employee's ’s dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under direct observation will be in accordance with Department of Transportation regulations. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offense. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) If the individual is still unable to provide forty-five (45) milliliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee must be taken out of service once the first (1st) test result is verified as positive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Specimen Collection Procedures. The Employer agrees to use the Specimen Collection Checklist approved ap- proved by the National UPSFTFF/Union’s UPSF TFF Safety and Health CommitteeCom- mittee. The checklist is to be used with the affected employees at the collection site by the person performing the collection services for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's ’s recourse to the collective bargaining agreement and/or the grievance procedure. All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's ’s privacy. An employee em- ployee who gives reason to believe that he/she may have adulterated adulterat- ed or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sample xxx- ple it shall result in the termination of his/her employment. No unauthorized personnel will be allowed in any area of the collection col- lection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person. The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal person- al belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his/her belongings. The employee may retain his/her wallet. After washing his/her hands, the employee shall remain in the presence pres- ence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen. The collection agent provides the employee with a new, sealed kit selected by the employee. The employee will provide his/her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer agrees to recognize all employees’ rights to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer agrees that in all circumstances the employee's dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under direct observation will be in accordance with Department of Transportation regulations. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct observation when requested shall be considered a refusal to test and a terminable offense. The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) If the individual is still unable to provide forty-five (45) milliliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of medical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer designee. The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing. In the event of suspected specimen adulteration, a second specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for shipping. If an employee refuses to provide a second specimen, it shall be noted as a refusal to test and shall be a terminable offense. The collection agent shall document any unusual behavior or appearance on the urine custody- and-control form. Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing. When a return-to-duty or follow-up test is being conducted, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage. If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second (2nd) urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first (1st) test as positive and the second (2nd) laboratory confirms the presence of the drug. However, the employee must be taken out of service once the first (1st) test result is verified as positive by the MRO while the second (2nd) test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be tested, any contractual time limits on disciplinary action are waived.

Appears in 1 contract

Samples: Freight Agreement

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