Common use of Substance Abuse Testing Clause in Contracts

Substance Abuse Testing. With respect to the proposed policy on substance abuse testing, the State and CDF FIREFIGHTERS hereby agree to the following: 11.19.1 Supervisors will receive training in the administration and implementation of the State’s substance abuse policy prior to its implementation. The State agrees to meet with CDF FIREFIGHTERS to review the training program upon request. 11.19.2 The facts and circumstances upon which the reasonable suspicion is based will be provided to the employee in writing within 72 hours of the employee being directed to submit to a substance abuse test. This will not preclude requirement of immediate testing. 11.19.3 When reasonably possible, and provided it does not interfere with employee or public safety, reasonable suspicion shall be confirmed by the direct observation of another supervisor or peace officer as defined under Penal Code Sections 830.1 and 830.2. The supervisor does not have to be a CDF employee. 11.19.4 The State agrees to use either NIDA cut-off levels, where such cut-off levels exist, or cut-off levels recommended by the commercial laboratories selected to perform the testing. Cut-off levels for other drugs will be established through consultation with the laboratories selected to do the testing. The State agrees to meet with CDF FIREFIGHTERS to review these cut-off levels prior to adoption. 11.19.5 If an employee tests negative, no record of the test results will be maintained in the personnel file. 11.19.6 All Unit 8 employees will be subject to the policy. 11.19.7 When possible, and provided it does not interfere with the sample collection, employees shall be permitted representation during the sample collection process upon request. Requested representation shall be permitted during any interrogative interviews with the affected employee that could lead to a decision by the appointing authority to take adverse action against the employee or to require a sample, regardless of whether these interviews occur before or after the sample is taken. 11.19.8 Further information may be found in Appendix A which is hereby incorporated herein by reference.

Substance Abuse Testing. With respect to the proposed policy on substance abuse testing, the State and CDF FIREFIGHTERS hereby agree to the following: 11.19.1 Supervisors will receive training in the administration and implementation of the State’s substance abuse policy prior to its implementation. The State agrees to meet with CDF FIREFIGHTERS to review the training program upon request. 11.19.2 The facts and circumstances upon which the reasonable suspicion is based will be provided to the employee in writing within 72 hours of the employee being directed to submit to a substance abuse test. This will not preclude requirement of immediate testing. 11.19.3 When reasonably possible, and provided it does not interfere with employee or public safety, reasonable suspicion shall be confirmed by the direct observation of another supervisor or peace officer as defined under Penal Code Sections 830.1 and 830.2. The supervisor does not have to be a CDF employee. 11.19.4 The State agrees to use either NIDA cut-off levels, where such cut-off levels exist, or cut-off levels recommended by the commercial laboratories selected to perform the testing. Cut-off levels for other drugs will be established through consultation with the laboratories selected to do the testing. The State agrees to meet with CDF FIREFIGHTERS to review these cut-off levels prior to adoption. 11.19.5 If an employee tests negative, no record of the test results will be maintained in the personnel file. 11.19.6 All Unit 8 Xxxx 0 employees will be subject to the policy. 11.19.7 When possible, and provided it does not interfere with the sample collection, employees shall be permitted representation during the sample collection process upon request. Requested representation shall be permitted during any interrogative interviews with the affected employee that could lead to a decision by the appointing authority to take adverse action against the employee or to require a sample, regardless of whether these interviews occur before or after the sample is taken. 11.19.8 Further information may be found in Appendix A which is hereby incorporated herein by reference.

Substance Abuse Testing. With respect to the proposed policy on substance abuse testing, the State and CDF FIREFIGHTERS CAL FIRE Local 2881 hereby agree to the following: 11.19.1 Supervisors will receive training in the administration and implementation of the State’s substance abuse policy prior to its implementation. The State agrees to meet with CDF FIREFIGHTERS CAL FIRE Local 2881 to review the training program upon request. 11.19.2 The facts and circumstances upon which the reasonable suspicion is based will be provided to the employee in writing within 72 hours of the employee being directed to submit to a substance abuse test. This will not preclude requirement of immediate testing. 11.19.3 When reasonably possible, and provided it does not interfere with employee or public safety, reasonable suspicion shall be confirmed by the direct observation of another supervisor or peace officer as defined under Penal Code Sections 830.1 and 830.2. The supervisor does not have to be a CDF CAL FIRE employee. 11.19.4 The State agrees to use either NIDA Substance Abuse and Mental Health Services Administration (SAMHSA) cut-off levels, where such cut-off levels exist, or cut-off levels recommended by the commercial laboratories selected to perform the testing. Cut-off levels for other drugs will be established through consultation with the laboratories selected to do the testing. The State agrees to meet with CDF FIREFIGHTERS CAL FIRE Local 2881 to review these cut-off levels prior to adoption. 11.19.5 If an employee tests negative, no record of the test results will be maintained in the personnel file. 11.19.6 All Unit 8 Xxxx 0 employees will be subject to the policy. 11.19.7 When possible, and provided it does not interfere with the sample collection, employees shall be permitted representation during the sample collection process upon request. Requested representation shall be permitted during any interrogative interviews with the affected employee that could lead to a decision by the appointing authority to take adverse action against the employee or to require a sample, regardless of whether these interviews occur before or after the sample is taken. 11.19.8 Further information may be found in Appendix A which is hereby incorporated herein by reference.