Common use of Specimen Collection Clause in Contracts

Specimen Collection. When a case arises under Section 6 of this Agreement, the Company may require the employee to go to a medical facility and provide a blood/breath and/or urine specimen for laboratory analysis. The employee will be escorted to the medical facility and will be paid for the remainder of that day. For alcohol testing, except in cases where the employee is unconscious and unable to make an election, the employee shall retain the right to elect which type of sample –blood or breath—shall be provided. When an employee is tested for a controlled substance, s/he shall be required to provide a urine specimen (blood or breath samples are not required). Pursuant to the provisions of Section 6, the Company reserves the right to request testing for the presence of both drugs and/or alcohol in cases where use of both substances is at issue. As noted in more detail below, where a sample cannot be collected, relevant medical reports or other documents may be used in lieu of a sample in order to establish a "positive" test result. The employee will be placed on leave of absence until results of the test are available. If test results are negative, the employee will be immediately reinstated and receive full reimbursement for any lost wages or benefits. For employees who are injured but not hospitalized, regular collection procedures shall apply. However, if an employee is conscious, but hospitalized, the Company shall request the hospital or medical facility to obtain the appropriate sample (as identified in this MOU). The Company shall provide the facility with a copy of the collection procedures and relevant required forms as set forth in this MOU. In an exceptional event where the employee to be tested is unconscious and hospitalized, the health care provider will make a medical evaluation to determine if a sample can be collected. Only urine or breath samples may be collected from an unconscious employee. Where the health care provider determines that a sample cannot be collected, the hospital or medical facility shall be authorized by the employee or the employee’s designee to release all relevant reports and other documents that would enable the MRO to determine if any controlled substances or alcohol were in the employee’s system at the time of the incident. When an employee is asked to submit to drug and/or alcohol testing, he or she shall be informed of the reasons that he or she is being asked to submit to the test. The employee shall be informed that refusal to submit to testing may constitute a presumption of intoxication and will be considered insubordination, subjecting the employee to discharge. It is understood that said presumption will be raised in the event the Company has reasonable suspicion for testing in the first place. The employee’s refusal should be in writing: Form A to be provided for by the Company. If the employee refuses to be tested, he or she will be subject to immediate discharge. If the employee consents to the testing, he or she shall sign consent forms authorizing a specimen of urine and a release of the results of the medical facility testing to the Company’s designated Medical Review Officer. Confirmation of a “positive” result will be made available to the Company and its designees on a “need to know” basis. A copy shall be given to the medical facility. If the employee agrees to the test, a supervisor or designated Company representative shall transport the employee to the designated medical facility, remaining with the employee at all times. The employee must report to the testing site as soon as possible, but no later than one (1) hour after being requested to do so. Refusal to report for a test within the time limit will result in immediate discharge. All specimens used for drug/alcohol screening will be collected by competent medical personnel at a medical facility designated by the Company. Employees on physician-prescribed medication should notify their immediate supervisor if that particular medication could affect or is affecting work performance, safety, or behavioral mannerisms. If any other type of medication (non-physician prescribed) could affect or is affecting an employee’s work performance, safety, or behavioral mannerisms, the employee should immediately notify his or her immediate supervisor. Prior notification in all cases is essential to avoid any misunderstandings. In connection with the collection of specimens, and in order to assure accurate results, employees may be asked by the medical personnel administering the test to list those drugs which they have consumed in the recent past. All such information shall be treated confidentially, shall be used for no purpose other than analysis, shall not be disseminated to the Company, and shall not become a part of the employee’s personnel file. Medical facility personnel will maintain proper control over the specimen to ensure chain of custody. A Company representative shall escort the employee to the medical facility. At the time a specimen is collected, the employee shall be given a copy of the specimen collection procedures. A chain of possession form shall be completed by the medical facility personnel during the specimen collection and attached to and mailed with the specimens. Unless otherwise noted, Substance Abuse and Mental Health Services Administration (SAMHSA)-approved collection and chain of possession procedures shall apply. Said procedures may be modified per SAMSHA amendments, or to comply with other applicable laws and regulations. Observed urine collection shall be done only if there is reason to believe a particular individual may alter or substitute the specimen to be provided. Employees may, upon request, designate a portion of the specimen under a seal, signed by the employee, which may be used for independent laboratory analysis at a SAMSHA- accredited laboratory, at their own expense. Employees shall be informed, at the commencement of the testing process, of their right to obtain such a sample portion.