Standard for Ordering Drug Testing. Subject to the provisions of this article, an employee shall be subject to urinalysis drug testing (which shall be drug specific) if reasonable suspicion of non-prescriptive drug use exists, as determined by the Chief of the Fire Department. Determination of “reasonable suspicion” by the Chief of the Fire Department shall comport with constitutional/legal guidelines. The employee shall be advised by the Chief in writing, (and in a manner which protects the privacy of the fire fighter), of the facts and circumstances constituting his determination of “reasonable suspicion,” and such notice shall inform the employee of his rights and obligations under this article. If the individual or the Union challenges the reasonable suspicion upon which the Chief relies, the individual must still provide the test sample according to the procedures and safeguards set forth below, however, the physician office/laboratory obtaining said sample shall not test such sample as described herein unless and until permitted to do so pursuant to the arbitration provisions described herein. Immediately upon the individual or the Union contesting the Chief’s order for urinalysis, the City and the Union jointly agree to submit the question of whether or not the Chief had reasonable suspicion to order drug testing to a permanent arbitrator selected by the parties to decide this issue. The parties agree that absent mutual agreement to choose different arbitrators, Arbitrator Xxxxx Xxxxxx shall be the primary individual who shall make such determination, and if he is unable to render a decision promptly, an alternative arbitrator, Xxxxx Xxxx Xxxxxxx, shall be the alternate. The hearing (which can be by phone conference or other expedited method chosen by the arbitrator) and the decision shall be rendered on an expedited basis within seven days, or such other time as the parties agree. Such decision shall be final and binding on the parties.
Standard for Ordering Drug Testing
