Substance Testing. To the extent that the Employer implements a Substance Testing Program that this applicable to employees covered by this Agreement, the following minimal standards shall apply:
1. All drug/alcohol-screening tests shall be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (e.g. The College of American Pathologists). The procedure utilized by the employer and testing laboratory shall include a chain of custody procedure and mass spectroscopy confirmation of any positive initial screening. The foregoing laboratory procedures shall be the protocol followed by this article, and shall be outlined in writing, concerning the collection of bodily fluids utilized for examination and testing. The samples collected shall be contained in three (3) separate containers for use in the following prescribed testing procedures. All separate containers shall be initialed by the member and the person taking the samples after sealing of the containers. Either party may have another representative present as a witness during the taking of the aforementioned samples at no loss of wages for any party.
2. This protocol procedure shall be sent to the Union; and at its option and expense, the Union may send the protocol procedure to a board certified clinical pathologist for opinions as to the adequacy of the procedure. If the Union finds bona fide serious testing process flaws in the protocol, the Employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards.
3. If the protocol is accepted by the Union, and no timely objection is made by the qualified expert for the Union, the designated vendor will be accepted and collection point designated.
4. The results of the testing shall be delivered only to the Fire Chief, City Manager, and the employee tested. An employee whose confirmatory test result is positive shall have the right to request a certified copy of the testing results were obtained using the approved protocol methods. The employee shall provide a representative from the bargaining unit member shall have a right to access to the results upon request to the Fire Chief, with the employee’s written consent.
5. Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the City, submit to such test; and upon request, the employee will sign an appropriate release f...
Substance Testing. Alcoholism, drug addiction, or drug abuse (the abuse of a legal drug) are recognized by the parties as interfering with the Department's services and as posing a danger to the public's health and safety. The Employer has the right to insist on an alcohol and drug-free environment. The parties agree to cooperate in encouraging employees afflicted with alcoholism, drug addiction, or drug abuse to undergo a coordinated rehabilitation program. The Chief or the City Manager may order any employee of the Department to undergo a screening test whenever there is reasonable suspicion to believe an employee has used or is under the influence of illicit drugs, controlled substances, or an abuse of legal substances, or if the employee is under the influence of alcohol while on duty. Reasonable suspicion must be based upon specific facts and reasonable inferences drawn from those facts, including, but not limited to:
A. Observable phenomena, such as direct observations of the physical symptoms of being under the influence;
B. A pattern of unusual conduct or inconsistent behavior, including excessive leave patterns, compared to other employees in the Department;
C. Arrest or conviction for a drug or alcohol-related offense, including abuse of legal substances, or the identification of an employee as the focus of a criminal investigation into illegal drug or alcohol possession, use, or trafficking;
D. Evidence that an employee has tampered with a previous drug test;
E. Facts or circumstances developed in the course of an authorized investigation of an accident or unsafe working practice. If the screening test is positive, indicating the employee has used illicit drugs, controlled substances, or abused legal drugs, or is under the influence of alcohol on duty, the Chief may order the employee to undergo a confirmatory test. A positive result from an alcohol test means a level of impairment, .02 percent, as outlined under O.R.C. 4511.19(B). The City may also suspend the employee without a loss of pay before the time the confirmatory test result in complete. A confirmatory test shall be made by a medical professional or institution qualified to administer such a test in accordance with Department of Health and Human Services (DHHS) procedures or equivalent guidelines. If the screening test and confirmatory test are positive, the Chief may discipline the employee up to and including discharge. An employee who notifies the Chief after the screening test that he is an alcoholi...
Substance Testing. All safety sensitive employees shall be subject to random drug and alcohol testing as agreed upon by the City and the Union in April, 2007.
Substance Testing. Definitions
a. Employee means any bargaining unit member.
b. Employer means the City of Xxxxxxx.
Substance Testing. Section 1. All substance testing (drug and alcohol) conducted by the Agency shall be done in accordance with applicable laws, DOT Order 3910.1, the DOT Drug and Alcohol Testing Guide, and this Agreement.
Section 2. The Principal Facility Representative or his/her designee shall be notified of the arrival at the facility of the collector/Breath Alcohol Technician (BAT) for the purposes of conducting substance testing of bargaining unit employees.The Agency shall advise the Principal Representative or his/her designee of the maximum number of employees to be tested. Absent an emergency or other special circumstance, the Principal Facility Representative, or his/her designee, will be released for the purpose of performing representational duties.The representative, or his/her designee, will be notified when substance testing has been completed. Upon request, the Agency will inform the representative of the number of people tested at the facility and the number of employees to be rescheduled. The Union may request a copy of the annotated test list, in writing. All privacy data will be removed from the copy prior to delivery to the Union.
Section 3. An employee who wishes to have a Union representative present during the testing process shall be permitted to do so, provided a representative is readily available, and the collection/test is not delayed. The employee shall notify the supervisor of the his/her wish to obtain representation as soon as the employee learns that he/she is to be tested. The representative will be permitted to observe the actions of the collector/BAT, but will not interrupt or interfere with the collection process in any manner. The employee will be allowed to confer for a reasonable period of time not to exceed ten (10) minutes prior to and ten (10) minutes immediately after the sample collection process has been completed.
Section 4. The Union at the national level shall be given a copy of the Agency’s quarterly substance abuse statistical report, and a copy of the results of the testing of quality control specimens provided to the testing laboratory by the Department of Transportation. In addition, one (1) Union representative shall be permitted to accompany officials of the Agency on an inspection of the testing laboratory once a year, if the Agency conducts such an inspection.
Section 5. Employees will be given notice privately where and when to appear for substance testing.
Section 6. The Agency recognizes its obligations under the...
Substance Testing. The Employer and Union agree to be subject to the terms of the Allen County Drug Free Workplace Policy. The Employer reserves the right to modify the Drug Free Workplace Policy. However, prior to implementing any changes to the Drug Free Workplace Policy, the Employer shall first meet with the Union for the purpose of receiving input and discussing the affects of any modification. A copy of the Drug Free Workplace Policy as modified by the parties shall be made available to bargaining unit members. The application of the Drug Free Workplace Policy is an appropriate topic for Labor/Management Meetings.
Substance Testing. Section 10.1. Drug/alcohol testing may be conducted on employees randomly and/or upon reasonable suspicion. Reasonable suspicion that an employee used or is using a controlled substance or alcohol in an unlawful or abusive manner may be based upon, but not limited to:
A. Observable phenomena, such as direct observation of drug or alcohol use or possession and/or the physical symptoms of being under the influence of a drug or alcohol;
B. A pattern of abnormal conduct or erratic behavior, including abnormal leave patterns;
C. Arrest or conviction for a drug or alcohol-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug or alcohol possession, use, or trafficking;
D. Information provided either by reliable and credible sources or independently corroborated;
E. Evidence that an employee has tampered with a previous drug test;
F. Facts or circumstances developed in the course of an authorized investigation of an accident or unsafe working practice;
G. Anytime an employee uses deadly force.
Substance Testing. In the interest of officer safety, the City of Treasure Island requires, as a condition of continued employment, that employees refrain from substance abuse both on and off the job. The union will not arbitrate disciplinary actions taken by management because of a positive test result for drugs or alcohol in accord with this Article. In the interest of safety, health and performance of our workforce and our citizens the City of Treasure Island requires, as a condition of continued employment, that employees remain drug free. The policies and procedures contained in this section are for the purpose of achieving that goal. This policy is implemented pursuant to the Drug Free Workplace Program under the Florida Workers’ Compensation Act, FLs. Statute section 440.102 and attendant Rules Section 59A-24.001, et seq., F.A.C. This act provides that any employee who is injured in the course and scope of employment and test verified positive on a drug or alcohol test, may forfeit his/her eligibility for medical and indemnity benefits under the Florida Worker’s Compensation Act, and may be terminated and denied unemployment benefits. Further, refusal to take a drug or alcohol test will also result in the employee forfeiting his/her eligibility for medical and indemnity benefits under the Florida Workers’ Compensation Act, as well as possible termination of the employee and denial of unemployment benefits. The City prohibits employees from bringing onto the City's premises or job sites; having possession of; being under the influence of; possessing in the employee's body, blood or urine, or using, consuming, transporting, selling or attempting to sell, giving away any illegal drugs (including prescription drugs illegally obtained or prescribed for the individual only), or alcohol, at any time. Employees found participating in any of the above activities are guilty of misconduct and shall be discharged.
Substance Testing. Section 1 Any employee covered by this bargaining unit will be subject to the most recently adopted Drug Free Workplace Policy. Said policy shall be in accordance with the guidelines set forth by Florida Statute, the insurance industry, and the Department of Transportation. This Drug Free Workplace Policy shall provide that random testing is to be strictly prohibited. Testing shall be supervised by the City’s designated Medical Review Officer.
Section 2 Changes in this Drug Free Workplace Policy must conform with the terms of this Agreement. The Union agrees to comply with changes in Florida Statute, Department of Transportation standards and insurance standards, as well as changes in the designated testing laboratory and Employee Assistance Program information. All other non-regulatory changes must be negotiated.
Substance Testing. Substance testing is warranted under any one of four (4) conditions. These are pre-employment screening (see Section 6 of Policy Statement), probable cause, work opportunity mandated testing and random testing. Probable cause may be in- dicated in a variety of situations, including but not lim- ited to, an individual’s involvement in an on the job accident involving fatality, serious bodily injury, or sub- stantial property damage.
