Common use of Substance Testing Clause in Contracts

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 alcoholic or drug addict may not be allowed to participate in a rehabilitation program or detoxification program, but shall be subject to appropriate discipline up to and including discharge. If the employee: (1) refuses to take a screening or confirmatory test or undergo rehabilitation or detoxification or (2) fails to complete a program of rehabilitation or detoxification or (3) tests positive at any time within one (1) year after his return to work upon completion of a program of rehabilitation or detoxification, he shall be subject to disciplinary action up to and including discharge. All test results and actions taken under or pursuant to this Article shall be kept confidential in accordance with state and federal law. The Employer shall pay for drug and alcohol screening and confirmatory tests.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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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 X. Xxxxxx 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 alcoholic or drug addict may not be allowed to participate in a rehabilitation program or detoxification program, but shall be subject to appropriate discipline up to and including discharge. If the employee: (1) refuses to take a screening or confirmatory test or undergo rehabilitation or detoxification or (2) fails to complete a program of rehabilitation or detoxification or (3) tests positive at any time within one (1) year after his return to work upon completion of a program of rehabilitation or detoxification, he shall be subject to disciplinary action up to and including discharge. All test results and actions taken under or pursuant to this Article shall be kept confidential in accordance with state and federal law. The Employer shall pay for drug and alcohol screening and confirmatory tests.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 X. Xxxxxx 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 alcoholic or drug addict may not be allowed to participate in a rehabilitation program or detoxification program, but shall be subject to appropriate discipline up to and including discharge. If the employee: (1) refuses to take a screening or confirmatory test or undergo rehabilitation or detoxification or (2) fails to complete a program of rehabilitation or detoxification or (3) tests positive at any time within one (1) year after his return to work upon completion of a program of rehabilitation or detoxification, he shall be subject to disciplinary action up to and including discharge. All test results and actions taken under or pursuant to this Article shall be kept confidential in accordance with state and federal law. The Employer shall pay for drug and alcohol screening and confirmatory tests.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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:: 16 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; F. When an employee is involved in an on-the-job accident. 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 .2 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 is 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 alcoholic or drug addict may not be allowed to participate in a rehabilitation program or detoxification program, but shall be subject to appropriate discipline up to and including discharge. If the employee: (1) refuses to take a screening or confirmatory test or undergo rehabilitation or detoxification or (2) fails to complete a program of rehabilitation or detoxification or (3) tests positive at any time within one (1) year after his return to work upon completion of a program of rehabilitation or detoxification, he shall be subject to disciplinary action up to and including discharge. All test results and actions taken under or pursuant to this Article shall be kept confidential in accordance with state and federal law. The Employer shall pay for drug and alcohol screening and confirmatory tests.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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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 alcoholic or drug addict may not be allowed to participate in a rehabilitation program or detoxification program, but shall be subject to appropriate discipline up to and including discharge. If the employee: (1) refuses to take a screening or confirmatory test or undergo rehabilitation or detoxification or (2) fails to complete a program of rehabilitation or detoxification or (3) tests positive at any time within one (1) year after his return to work upon completion of a program of rehabilitation or detoxification, he shall be subject to disciplinary action up to and including discharge. All test results and actions taken under or pursuant to this Article shall be kept confidential in accordance with state and federal law. The Employer shall pay for drug and alcohol screening and confirmatory tests.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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; F. When an employee is involved in an on-the-job accident. 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 alcoholic or drug addict may not be allowed to participate in a rehabilitation program or detoxification program, but shall be subject to appropriate discipline up to and including discharge. If the employee: (1) refuses to take a screening or confirmatory test or undergo rehabilitation or detoxification or (2) fails to complete a program of rehabilitation or detoxification or (3) tests positive at any time within one (1) year after his return to work upon completion of a program of rehabilitation or detoxification, he shall be subject to disciplinary action up to and including discharge. All test results and actions taken under or pursuant to this Article shall be kept confidential in accordance with state and federal law. The Employer shall pay for drug and alcohol screening and confirmatory tests.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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