Common use of Substance Testing Clause in Contracts

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 form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. 6. Refusal by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or blood or the taking of hair samples, as ordered, shall constitute a presumption of a positive test result and may result in such employee’s discipline. At the time of taking of the original specimens, three (3) separate specimens will be taken. Two of the specimens shall be delivered to separate testing facilities and the third shall be sent to a drug testing facility of the employee’s choice. The employee’s sample will be tested at the employee’s request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two (2) separate tests required by the City have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall be paid by the City. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the result of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. 7. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. 8. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. 9. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and Union. The results of this test, if positive, shall allow the employer to proceed with the sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. 10. In the event that two tests are positive, the employee is entitled to have the sample in the third container tested at an approved laboratory, at the employee’s expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the City shall take place in order to decide if another test would benefit the accused. If possible or necessary another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. 11. A list of three (3) testing laboratories shall be maintained by the employer. These laboratories shall conduct any testing directed by the employer. The employer shall obtain the approval of the Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. 12. After two (2) positive test results are received as set forth above, the employer may require the employee to participate in any rehabilitation that is covered by the employee’s health insurance or EAP. Depending upon the nature and severity of the offense, discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or reasonable deferred pending rehabilitation of the individual. Discipline resulting from the positive findings of confirmatory sample testing for beer, wine, or intoxicating liquor shall be deferred on the first occasion pending rehabilitation of the individual unless said use resulted in loss or damage to City property or liability of the City to a third party. An employee who participates in a rehabilitation program shall be allowed to use sick leave, vacation time, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his former position. Any employee in the above mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. 13. If the screening test is positive and the circumstances surrounding the incident are of such severity and egregiousness that immediate discipline is reasonable and appropriate, or if the employee refuses to undergo rehabilitation, or if he fails to complete a program of rehabilitation or if he tests positive during random tests within twelve (12) months after his return to work from such a program, the employee shall be subject to disciplinary action. Additionally, an employee shall be subject to discipline for any conjunction with said substance or alcohol abuse. (e.g. DUI, insubordination, etc.) 14. Cost of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee’s expense. 15. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of the employee’s return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. 16. Only for the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State and Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee more than once. 17. An employee who refuses to take or does not take a substance test administered pursuant to this Article and is only suspended may not return to duty until he/she has passed a substance test administered under this Article. 18. Any bargaining unit employee who has been ordered to undergo blood, hair, or urine, testing, may upon request, be accompanied to the testing site by a xxxxxxx or co-worker. No test will be delayed due to the tardiness of the employee’s representative or co-worker. The employee’s xxxxxxx or co-worker shall be given reasonable time to attend. 19. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a pubic record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. 20. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be licensed physician responsible for receiving laboratory results generated by an employer’s substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. 21. The employer and the certified laboratory shall develop and maintain a clear and well-documented procedure for collection, shipment, and accessing of specimens under this Article. 22. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. To the extent that the Employer implements a Substance Testing Program that this is applicable to employees covered by this Agreement, the following minimal standards shall apply: 1. A. All drug/alcohol-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 eg. 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 in this article, and shall be outlined in writing, concerning the collection of bodily fluids or hair samples 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. B. 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, which standards shall be binding upon the parties. 3. C. 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 a collection point designated. 4. D. The results of the testing shall be delivered only to the Fire ChiefChief of Police, City ManagerManager or Director of Personnel, 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 in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a release for disclosure of the testing results. A Union representative from the bargaining unit member shall have a right to access to the results upon request to the Fire ChiefChief of Police, with the employee’s 's written consent. 5. E. 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 form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. 6. F. Refusal by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or blood or the taking of hair sampleshair, as ordered, shall constitute a presumption of a positive test result and may result in such employee’s 's discipline. At the time of the taking of the original specimens, three (3) separate specimens will be taken. Two of the specimens shall be delivered to separate testing facilities and the third shall be sent to a drug testing facility of the employee’s 's choice. The employee’s 's sample will be tested at the employee’s 's request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two (2) separate tests required by the City have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall be paid by the City. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the result results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. 7. G. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. 8. H. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. 9. I. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with the sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. 10. J. In the event that two tests are positive, the employee is entitled to have the sample in the third container tested at an approved laboratory, at the employee’s 's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the City shall take place in order to decide if another test would benefit the accused. If possible or necessary another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. 11. K. A list of three (3) testing laboratories shall be maintained by the employer. These laboratories shall conduct any testing directed by the employer. The employer shall obtain the approval of the Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. 12. L. After two (2) positive test results are received as set forth above, the employer may require the employee to participate in any rehabilitation that is covered by the employee’s 's health insurance or EAP. Depending upon the nature and severity of the offense, discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or reasonable reasonably deferred pending rehabilitation of the individual. Discipline resulting from the positive findings of confirmatory sample testing for beer, wine, wine or intoxicating liquor shall be deferred on the first occasion pending rehabilitation of the individual unless individual, however, if said use resulted in loss or damage to City property or liability of the City to a third party, immediate discipline may be imposed even though the employee is referred to a rehabilitation program. An employee who participates in a rehabilitation program shall be allowed to use sick leave, vacation timeleave, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his his/her former position. Any employee in the above above–mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. 13. M. If the screening test is positive and the circumstances surrounding the incident are of such severity and egregiousness that immediate discipline is reasonable and appropriate, or if the employee refuses to undergo rehabilitation, or if he fails to complete a program of rehabilitation or if he tests positive during random tests within twelve (12) months after his his/her return to work from such a program, the employee shall be subject to disciplinary action. Additionally, Additionally an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuseabuse (eg. (e.g. DUI, insubordination, etc.) 14. Cost N. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee’s 's expense. 15. O. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of the employee’s 's return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. 16. P. Only for the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State and or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee more than once. 17. Q. An employee who refuses to take or does not take a substance test administered pursuant to this Article and is only suspended may not return to duty until he/she has passed a substance test administered under this Article. 18. R. Any bargaining unit employee who has been ordered to undergo bloodblood or urine or hair testing may, hair, or urine, testing, may upon request, be accompanied to the testing site by a xxxxxxx or co-–worker. No test will be delayed due to the tardiness of the employee’s 's representative or co-–worker. The employee’s 's xxxxxxx or co-–worker shall be given reasonable time to attend. 19. S. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a pubic public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. 20. T. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer’s 's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s 's confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. 21. U. The employer and the certified laboratory shall develop and maintain a clear and well-–documented procedure for collection, shipment, and accessing of specimens under this Article. 22. V. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. To the extent that the Employer implements a Substance Testing Program that this is applicable to employees covered by this Agreement, Agreement the following minimal standards shall apply: 1. a. All drug/alcohol-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 i.e. 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 in 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. b. 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 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. c. 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 accepted, and a collection point designated. 4. d. 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 in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a release for disclosure of the testing results. A Union representative from the bargaining unit member shall have a right to access to the results upon request to the Fire Chief, Chief with the employee’s 's written consent. 5. e. Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the City, Employer submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. 6. f. Refusal by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or blood blood, or the taking of hair samples, samples as ordered, shall constitute a presumption of a positive test result and may result in such employee’s 's discipline. At the time of the taking of the original specimens, three (3) separate multiple specimens will be taken. Two of the specimens shall be delivered to separate testing facilities and the third shall an additional sample may be sent to a drug testing facility of the employee’s 's choice. The employee’s 's sample will be tested at the employee’s 's request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two (2) separate tests required by the City Employer have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her their specimen tested, the cost of such test shall be paid by the CityEmployer. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the result results of any test or physician verification for his/her their return to duty if the drug test returns indicate the employee was substance free. 7. g. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. 8. h. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. 9. i. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with the sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. 10. j. In the event that two tests are positive, the employee is entitled to have the sample in the third container tested at an approved laboratory, at the employee’s 's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the City Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary necessary, another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. 11. k. A list of three at least two (32) testing laboratories shall be maintained by the employer. These laboratories shall conduct any testing directed by the employer. The employer shall obtain the approval of the Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. 12. l. After two (2) positive test results are received as set forth above, the employer may require the employee impose discipline up to participate in any rehabilitation that is covered by the employee’s health insurance or EAPand including termination. Depending upon the nature and severity of the offense, discipline Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or reasonable deferred pending rehabilitation of at the individual. Discipline resulting from the positive findings of confirmatory sample testing for beer, wine, or intoxicating liquor City's discretion. m. Rehabilitation programs shall be deferred on available for employees who voluntarily come forward to request participation at least forty-eight (48) hours prior to the first occasion pending rehabilitation imposition of a random test or forty-eight (48) hours prior to the individual unless said use resulted occurrence of any other reason for testing, and at the City's discretion, in loss lieu of or damage in addition to City property or liability of the City to a third partydiscipline. An employee who participates volunteers to participate in a rehabilitation program shall be allowed to use sick leave, vacation timeleave, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his their former position. Any employee in the above above-mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. 13. n. If the screening test is positive and the circumstances surrounding the incident are of such severity and egregiousness that immediate discipline is reasonable and appropriate, or if the employee refuses to undergo rehabilitation, or if he fails to complete a voluntary program of rehabilitation or if he tests positive during random sporadic tests within twelve (12) months after his their return to work from such a program, the employee shall be subject to disciplinary actionimmediate termination. Additionally, an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse. abuse (e.g. i.e. DUI, insubordination, etc.) 14. Cost o. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee’s 's expense. 15. p. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of the employee’s 's return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. 16. Only for q. For the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State and or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. . r. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee more than once. 17. An employee who refuses to take or does not take as a result of a testing of positive on a substance test administered pursuant or refusal to this Article and is only suspended may not return to duty until he/she has passed take a substance test administered under this Articletest. 18. s. Any bargaining unit employee who has been ordered to undergo bloodblood or urine or hair testing may, hair, or urine, testing, may upon request, be accompanied to the testing site by a xxxxxxx or co-worker. No test will be delayed due to the tardiness of the employee’s 's representative or co-worker. The employee’s 's xxxxxxx or co-worker shall be given reasonable time to attend. 19. t. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a pubic public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. 20. u. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer’s 's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s 's confirmed positive test result together with his/her their medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. 21. v. The employer and the certified laboratory shall develop and maintain a clear and well-well- documented procedure for collection, shipment, and accessing of specimens under this Article. 22. w. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. To the extent that the Employer implements a Substance Testing Program that this is applicable to employees covered by this Agreement, Agreement the following minimal standards shall apply: 1. a. All drug/alcohol-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 i.e. 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 in 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. b. 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 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. c. 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 accepted, and a collection point designated. 4. d. 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 in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a release for disclosure of the testing results. A Union representative from the bargaining unit member shall have a right to access to the results upon request to the Fire Chief, Chief with the employee’s 's written consent. 5. e. Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the City, Employer submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. 6. f. Refusal by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or blood blood, or the taking of hair samples, samples as ordered, shall constitute a presumption of a positive test result and may result in such employee’s 's discipline. At the time of the taking of the original specimens, three (3) separate multiple specimens will be taken. Two of the specimens shall be delivered to separate testing facilities and the third shall an additional sample may be sent to a drug testing facility of the employee’s 's choice. The employee’s 's sample will be tested at the employee’s 's request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two (2) separate tests required by the City Employer have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall be paid by the CityEmployer. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the result results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. 7. g. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. 8. h. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. 9. i. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with the sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. 10. j. In the event that two tests are positive, the employee is entitled to have the sample in the third container tested at an approved laboratory, at the employee’s 's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the City Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary necessary, another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. 11. k. A list of three at least two (32) testing laboratories shall be maintained by the employer. These laboratories shall conduct any testing directed by the employer. The employer shall obtain the approval of the Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. 12. l. After two (2) positive test results are received as set forth above, the employer may require the employee impose discipline up to participate in any rehabilitation that is covered by the employee’s health insurance or EAPand including termination. Depending upon the nature and severity of the offense, discipline Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or reasonable deferred pending rehabilitation of at the individual. Discipline resulting from the positive findings of confirmatory sample testing for beer, wine, or intoxicating liquor City's discretion. m. Rehabilitation programs shall be deferred on available for employees who voluntarily come forward to request participation at least forty-eight (48) hours prior to the first occasion pending rehabilitation imposition of a random test or forty-eight (48) hours prior to the individual unless said use resulted occurrence of any other reason for testing, and at the City's discretion, in loss lieu of or damage in addition to City property or liability of the City to a third partydiscipline. An employee who participates volunteers to participate in a rehabilitation program shall be allowed to use sick leave, vacation timeleave, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his his/her former position. Any employee in the above above- mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. 13. n. If the screening test is positive and the circumstances surrounding the incident are of such severity and egregiousness that immediate discipline is reasonable and appropriate, or if the employee refuses to undergo rehabilitation, or if he fails to complete a voluntary program of rehabilitation or if he tests positive during random sporadic tests within twelve (12) months after his his/her return to work from such a program, the employee shall be subject to disciplinary actionimmediate termination. Additionally, an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse. abuse (e.g. i.e. DUI, insubordination, etc.) 14. Cost o. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee’s 's expense. 15. p. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of the employee’s 's return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. 16. Only for q. For the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State and or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. . r. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee more than once. 17. An employee who refuses to take or does not take as a result of a testing of positive on a substance test administered pursuant or refusal to this Article and is only suspended may not return to duty until he/she has passed take a substance test administered under this Articletest. 18. s. Any bargaining unit employee who has been ordered to undergo bloodblood or urine or hair testing may, hair, or urine, testing, may upon request, be accompanied to the testing site by a xxxxxxx or co-co- worker. No test will be delayed due to the tardiness of the employee’s 's representative or co-worker. The employee’s 's xxxxxxx or co-worker shall be given reasonable time to attend. 19. t. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a pubic public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. 20. u. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer’s 's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s 's confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. 21. v. The employer and the certified laboratory shall develop and maintain a clear and well-well- documented procedure for collection, shipment, and accessing of specimens under this Article. 22. w. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. Section 26.6.1 To the extent that the Employer employer implements a Substance Testing Program that this is applicable to employees covered by this Agreement, the following minimal standards shall will apply: 1. a) All drug/alcohol-alcohol screening tests shall will be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (e.g. The e.g., the College of American Pathologists). The procedure .) Practices utilized by the employer and testing laboratory shall will include a chain of chain-of-custody procedure procedures and mass spectroscopy confirmation of any positive initial screening. . b) The foregoing laboratory procedures shall will be the protocol followed by in this articleArticle, and shall will be outlined in writing, writing concerning the collection of bodily fluids or hair samples utilized for examination and testing. . c) The samples collected shall will be contained in three (3) separate containers for use in the following prescribed testing procedures. All separate containers shall will 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. d) This protocol procedure shall will be sent to the Union; and at its option opinion and expense, the Union may send the protocol procedure to a board certified clinical pathologist for opinions as to the adequacy of the procedureprocedures. If the Union finds bona fide serious testing process flaws in the protocol, the Employer employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards, which standards will be binding upon the parties. 3. e) If the protocol is accepted by the Union, and no timely objection is objections are made by the a qualified expert for the Union, the designated vendor will be accepted and a collection point designated. 4. Section 26.6.2 The results of the testing shall will be delivered only to the Fire ChiefChief of Police, City ManagerTownship Administrator, Trustees and the employee tested. An employee whose confirmatory test result is positive shall will have the right to request a certified copy of the testing results in which the vendor will affirm that the test results were obtained using the approved protocol methods. The employee shall will provide a release for disclosure of the testing results. A Union representative from the bargaining unit member shall will have a right to access to the results upon request to the Fire ChiefChief of Police, with the employee’s written consent. 5. Section 26.6.3 Upon direct orders by the Employer employer, pursuant to this Substance Testing Article, the employee shallwill, at the expense of the CityTownship, submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or blood, urine or the taking of hair samples and the release of the test result results to the employer. 6. Section 26.6.4 Refusal by an employee to submit submit, as ordered, to the any test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine urine, blood, or blood or the taking of hair samplessample, as ordered, shall will constitute a presumption of a positive test result result, and may result in such employee’s discipline, including termination. At the time of the taking of the original specimens, three (3) separate specimens will be taken. Two of the specimens shall will be delivered to separate testing facilities facilities, and the third shall will be sent to a drug testing facility of the employee’s choice. The employee’s sample will be tested at the employee’s request and expense. . Section 26.6.5 The testing facilities chosen shall will have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two (2) separate tests required by the City Township have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall will be paid by the CityTownship. No employee shall will suffer any loss of wages or accumulation of any type of leave while waiting for the result results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. 7. Section 26.6.6 If the screening test is positive, a confirmatory test shall will be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. 8. Section 26.6.7 In the event the second test confirms the results of the first test, the Employer employer may proceed with sanctions as set forth in this Article. 9. Section 26.6.8 In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, employer and approved by the employer and the Union. The results of this the test, if positive, shall will allow the employer to proceed with the sanctions sanctions, as set forth in this Article. If the results are negative, the employee shall will be given the benefit of the doubt doubt, and no sanctions shall will be imposed. 10. Section 26.6.9 In the event that two tests are positive, the employee is entitled to have the sample in the third container tested at an approved laboratory, at the employee’s expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the City shall take place in order to decide if another test would benefit the accused. If possible or necessary another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. 11. A list of three (3) testing laboratories shall be maintained by the employer. These laboratories shall conduct any testing directed by the employer. The employer shall obtain the approval of the Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. 12. After two (2) positive test results are received as set forth above, the employer may require the employee to participate in any rehabilitation that is covered by the employee’s health insurance or EAP. Depending upon the nature and severity of the offense, discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or reasonable deferred pending rehabilitation of the individual. Discipline resulting from the positive findings of confirmatory sample testing for beer, wine, or intoxicating liquor shall be deferred on the first occasion pending rehabilitation of the individual unless said use resulted in loss or damage to City property or liability of the City to a third party. An employee who participates in a rehabilitation program shall be allowed to use sick leave, vacation time, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his former position. Any employee in the above mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. 13. If the screening test is positive and the circumstances surrounding the incident are of such severity and egregiousness that immediate discipline is reasonable and appropriate, or if the employee refuses to undergo rehabilitation, or if he fails to complete a program of rehabilitation or if he tests positive during random tests within twelve (12) months after his return to work from such a program, the employee shall be subject to disciplinary action. Additionally, an employee shall be subject to discipline for any conjunction with said substance or alcohol abuse. (e.g. DUI, insubordination, etc.) 14. Cost of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee’s expense. 15. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of the employee’s return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. 16. Only for the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State and Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee more than once. 17. An employee who refuses to take or does not take a substance test administered pursuant to this Article and is only suspended may not return to duty until he/she has passed a substance test administered under this Article. 18. Any bargaining unit employee who has been ordered to undergo blood, hair, or urine, testing, may upon request, be accompanied to the testing site by a xxxxxxx or co-worker. No test will be delayed due to the tardiness of the employee’s representative or co-worker. The employee’s xxxxxxx or co-worker shall be given reasonable time to attend. 19. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a pubic record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. 20. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be licensed physician responsible for receiving laboratory results generated by an employer’s substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. 21. The employer and the certified laboratory shall develop and maintain a clear and well-documented procedure for collection, shipment, and accessing of specimens under this Article. 22. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. To the extent that the Employer implements a Substance Testing Program that this is applicable to employees covered by this Agreement, Agreement the following minimal standards shall apply: 1. A. All drug/alcohol-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 eg. 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 in 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. B. 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. C. 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 a collection point designated. 4. D. 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 in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a release for disclosure of the testing results. A Union representative from the bargaining unit member shall have a right to access to the results upon request to the Fire Chief, Chief with the employee’s 's written consent. 5. E. Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the City, Employer submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. 6. F. Refusal by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or blood blood, or the taking of hair samples, samples as ordered, shall constitute a presumption of a positive test result and may result in such employee’s 's discipline. At the time of the taking of the original specimens, three (3) separate multiple specimens will be taken. Two of the specimens shall be delivered to separate testing facilities and the third shall an additional sample may be sent to a drug testing facility of the employee’s 's choice. The employee’s 's sample will be tested at the employee’s 's request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two (2) separate tests required by the City Employer have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall be paid by the CityEmployer. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the result results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. 7. G. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. 8. H. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. 9. I. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with the sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. 10. J. In the event that two tests are positive, the employee is entitled to have the sample in the third container tested at an approved laboratory, at the employee’s 's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the City Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. 11. K. A list of three at least two (32) testing laboratories shall be maintained by the employer. These laboratories shall conduct any testing directed by the employer. The employer shall obtain the approval of the Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. 12. L. After two (2) positive test results are received as set forth above, the employer may require the employee impose discipline up to participate in any rehabilitation that is covered by the employee’s health insurance or EAPand including termination. Depending upon the nature and severity of the offense, discipline Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or reasonable deferred pending rehabilitation of at the individual. Discipline resulting from the positive findings of confirmatory sample testing for beer, wine, or intoxicating liquor City’s discretion. M. Rehabilitation programs shall be deferred on available for employees who voluntarily come forward to request participation at least 48 hours prior to the first occasion pending rehabilitation imposition of a random test or 48 hours prior to the individual unless said use resulted occurrence of any other reason for testing, and at the City’s discretion, in loss lieu of or damage in addition to City property or liability of the City to a third partydiscipline. An employee who participates volunteers to participate in a rehabilitation program shall be allowed to use sick leaveESL, vacation timeESL, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his his/her former position. Any employee in the above above–mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave ESL shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. 13. N. If the screening test is positive and the circumstances surrounding the incident are of such severity and egregiousness that immediate discipline is reasonable and appropriate, or if the employee refuses to undergo rehabilitation, or if he fails to complete a voluntary program of rehabilitation or if he tests positive during random sporadic tests within twelve (12) months after his his/her return to work from such a program, the employee shall be subject to disciplinary actionimmediate termination. Additionally, Additionally an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse. abuse (e.g. eg., DUI, insubordination, etc.) 14. Cost O. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee’s 's expense. 15. P. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of the employee’s 's return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. 16. Only for Q. For the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State and or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. . R. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee more than once. 17. An employee who refuses to take or does not take as a result of a testing of positive on a substance test administered pursuant or refusal to this Article and is only suspended may not return to duty until he/she has passed take a substance test administered under this Articletest. 18. S. Any bargaining unit employee who has been ordered to undergo bloodblood or urine or hair testing may, hair, or urine, testing, may upon request, be accompanied to the testing site by a xxxxxxx or co-–worker. No test will be delayed due to the tardiness of the employee’s 's representative or co-–worker. The employee’s 's xxxxxxx or co-–worker shall be given reasonable time to attend. 19. T. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a pubic public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. 20. U. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer’s 's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s 's confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. 21. V. The employer and the certified laboratory shall develop and maintain a clear and well-–documented procedure for collection, shipment, and accessing of specimens under this Article. 22. W. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. To the extent that the Employer implements a Substance Testing Program that this is applicable to employees covered by this Agreement, Agreement the following minimal standards shall apply: 1. A. All drug/alcohol-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 eg. 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 in 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 two (32) 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. B. 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. C. 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 a collection point designated. 4. D. The results of the testing shall be delivered only to the Fire Chief, City Manager, Police Chief 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 in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a release for disclosure of the testing results. A Union representative from the bargaining unit member shall have a right to access to the results upon request to the Fire Chief, Chief with the employee’s 's written consent. 5. E. Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the City, Employer submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. 6. Refusal X. Xxxxxxx by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or blood blood, or the taking of hair samples, samples as ordered, shall constitute a presumption of a positive test result and may result in such employee’s 's discipline. At the time of the taking of the original specimens, three two (32) separate specimens will be taken. Two of the The specimens shall be delivered to separate the Employer’s testing facilities facility and, if requested by the employee, a third sample shall be taken at the same time and the third shall be sent to a drug testing facility of the employee’s 's choice. The employee’s 's sample will be tested at the employee’s 's request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two (2) separate tests required by the City Employer have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall be paid by the CityEmployer. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the result results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. 7. G. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. 8. X. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. 9. I. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with the sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. 10. X. In the event that two tests are positive, the employee is entitled to have the sample in the third container tested at an approved laboratory, at the employee’s 's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the City Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. 11. K. A list of three (3) testing laboratories shall be maintained by the employer. These laboratories shall conduct any testing directed by the employer. The employer shall obtain the approval of the Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. 12. L. After two (2) positive test results are received as set forth above, the employer may require the employee to participate in any rehabilitation that is covered by the employee’s 's health insurance or EAP. Depending upon the nature and severity of the offense, discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or reasonable reasonably deferred pending rehabilitation of the individual. Discipline resulting from the positive findings of confirmatory sample testing for beer, wine, wine or intoxicating liquor shall be deferred on the first occasion pending rehabilitation of the individual unless said use resulted in loss or damage to City property or liability of the City to a third party. An employee who participates in a rehabilitation program shall be allowed to use sick leave, vacation timeleave, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his his/her former position. Any employee in the above above–mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. 13. M. If the screening test is positive and the circumstances surrounding the incident are of such severity and egregiousness that immediate discipline is reasonable and appropriate, or if the employee refuses to undergo rehabilitation, or if he fails to complete a program of rehabilitation or if he tests positive during random tests within twelve (12) months after his his/her return to work from such a program, the employee shall be subject to disciplinary action. Additionally, Additionally an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse. abuse (e.g. eg., DUI, insubordination, etc.) 14. Cost N. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee’s 's expense. 15. O. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of the employee’s 's return to work. work However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. 16. P. Only for the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State and or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee more than once. 17. Q. An employee who refuses to take or does not take a substance test administered pursuant to this Article and is only suspended may not return to duty until he/she has passed a substance test administered under this Article. 18. R. Any bargaining unit employee who has been ordered to undergo bloodblood or urine or hair testing may, hair, or urine, testing, may upon request, be accompanied to the testing site by a xxxxxxx or co-–worker. No test will be delayed due to the tardiness of the employee’s 's representative or co-–worker. The employee’s 's xxxxxxx or co-–worker shall be given reasonable time to attend. 19. S. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a pubic public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. 20. T. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer’s 's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s 's confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. 21. U. The employer and the certified laboratory shall develop and maintain a clear and well-–documented procedure for collection, shipment, and accessing of specimens under this Article. 22. V. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. To the extent that the Employer implements a Substance Testing Program that this is applicable to employees covered by this Agreement, Agreement the following minimal standards shall apply: 1. a. All drug/alcohol-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 i.e. 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 in 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. b. 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 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. c. 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 accepted, and a collection point designated. 4. d. 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 in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a release for disclosure of the testing results. A Union representative from the bargaining unit member shall have a right to access to the results upon request to the Fire Chief, Chief with the employee’s 's written consent. 5. e. Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the City, Employer submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. 6. f. Refusal by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or blood blood, or the taking of hair samples, samples as ordered, shall constitute a presumption of a positive test result and may result in such employee’s 's discipline. At the time of the taking of the original specimens, three (3) separate multiple specimens will be taken. Two of the specimens shall be delivered to separate testing facilities and the third shall an additional sample may be sent to a drug testing facility of the employee’s 's choice. The employee’s 's sample will be tested at the employee’s 's request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two (2) separate tests required by the City Employer have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall be paid by the CityEmployer. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the result results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. 7. g. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. 8. h. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. 9. i. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with the sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. 10. j. In the event that two tests are positive, the employee is entitled to have the sample in the third container tested at an approved laboratory, at the employee’s 's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the City Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary necessary, another sample may be taken or retesting of the prior samples taken at the joint (50-5050‐50) expense of both the employee and the employer. 11. k. A list of three at least two (32) testing laboratories shall be maintained by the employer. These laboratories shall conduct any testing directed by the employer. The employer shall obtain the approval of the Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. 12. l. After two (2) positive test results are received as set forth above, the employer may require the employee impose discipline up to participate in any rehabilitation that is covered by the employee’s health insurance or EAPand including termination. Depending upon the nature and severity of the offense, discipline Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or reasonable deferred pending rehabilitation of at the individual. Discipline resulting from the positive findings of confirmatory sample testing for beer, wine, or intoxicating liquor City's discretion. m. Rehabilitation programs shall be deferred on available for employees who voluntarily come forward to request participation at least forty‐eight (48) hours prior to the first occasion pending rehabilitation imposition of a random test or forty‐eight (48) hours prior to the individual unless said use resulted occurrence of any other reason for testing, and at the City's discretion, in loss lieu of or damage in addition to City property or liability of the City to a third partydiscipline. An employee who participates volunteers to participate in a rehabilitation program shall be allowed to use sick leave, vacation timeleave, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his his/her former position. Any employee in the above above‐ mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. 13. n. If the screening test is positive and the circumstances surrounding the incident are of such severity and egregiousness that immediate discipline is reasonable and appropriate, or if the employee refuses to undergo rehabilitation, or if he fails to complete a voluntary program of rehabilitation or if he tests positive during random sporadic tests within twelve (12) months after his his/her return to work from such a program, the employee shall be subject to disciplinary actionimmediate termination. Additionally, an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse. abuse (e.g. i.e. DUI, insubordination, etc.) 14. Cost o. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee’s 's expense. 15. p. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of the employee’s 's return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. 16. Only for q. For the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State and or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. . r. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee more than once. 17. An employee who refuses to take or does not take as a result of a testing of positive on a substance test administered pursuant or refusal to this Article and is only suspended may not return to duty until he/she has passed take a substance test administered under this Articletest. 18. s. Any bargaining unit employee who has been ordered to undergo bloodblood or urine or hair testing may, hair, or urine, testing, may upon request, be accompanied to the testing site by a xxxxxxx or co-co‐ worker. No test will be delayed due to the tardiness of the employee’s 's representative or co-workerco‐worker. The employee’s 's xxxxxxx or co-worker co‐worker shall be given reasonable time to attend. 19. t. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a pubic public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. 20. u. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer’s 's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s 's confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. 21. v. The employer and the certified laboratory shall develop and maintain a clear and well-well‐ documented procedure for collection, shipment, and accessing of specimens under this Article. 22. w. A proper chain of custody shall be maintained on all specimens taken.