Common use of Substance Testing Clause in Contracts

Substance Testing. Section 1. All substance testing (drug and alcohol) conducted by the Agency shall be done in accordance with applicable laws, DOT Order 3910.1, the DOT Drug and Alcohol Testing Guide, and this Agreement. Section 2. The Principal Facility Representative or his/her designee shall be notified of the arrival at the facility of the collector/Breath Alcohol Technician (BAT) for the purposes of conducting substance testing of bargaining unit employees.The Agency shall advise the Principal Representative or his/her designee of the maximum number of employees to be tested. Absent an emergency or other special circumstance, the Principal Facility Representative, or his/her designee, will be released for the purpose of performing representational duties.The representative, or his/her designee, will be notified when substance testing has been completed. Upon request, the Agency will inform the representative of the number of people tested at the facility and the number of employees to be rescheduled. The Union may request a copy of the annotated test list, in writing. All privacy data will be removed from the copy prior to delivery to the Union. Section 3. An employee who wishes to have a Union representative present during the testing process shall be permitted to do so, provided a representative is readily available, and the collection/test is not delayed. The employee shall notify the supervisor of the his/her wish to obtain representation as soon as the employee learns that he/she is to be tested. The representative will be permitted to observe the actions of the collector/BAT, but will not interrupt or interfere with the collection process in any manner. The employee will be allowed to confer for a reasonable period of time not to exceed ten (10) minutes prior to and ten (10) minutes immediately after the sample collection process has been completed. Section 4. The Union at the national level shall be given a copy of the Agency’s quarterly substance abuse statistical report, and a copy of the results of the testing of quality control specimens provided to the testing laboratory by the Department of Transportation. In addition, one (1) Union representative shall be permitted to accompany officials of the Agency on an inspection of the testing laboratory once a year, if the Agency conducts such an inspection. Section 5. Employees will be given notice privately where and when to appear for substance testing. Section 6. The Agency recognizes its obligations under the Privacy Act with respect to information about bargaining unit employees and their connection to substance testing including non-disclosure by collectors/contractors. Section 7. The Agency shall ensure that employees are selected for substance testing by nondiscriminatory and impartial methods so that no employee is harassed by being treated differently from other employees in similar circumstances. If for any reason a substance test is declared invalid, the test will be treated as if it had never been conducted. Employees shall not be selected for testing for reasons unrelated to the purposes of the program. Section 8. All equipment used for alcohol testing shall meet the requirements and standards as specified in the DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide. Upon written request, the Union shall be given a copy of the results of calibration checks for equipment used for alcohol testing.The request must include the specific site location(s) (with acronym(s) spelled out) and specific date(s) that testing occurred. If any testing equipment is found to be out of tolerance/calibration as specified in Chapter VI, DOT Order 3910.1, every test result of 0.02 or above obtained on the device since the last valid external calibration check shall be invalid. Section 9. The Agency shall ensure that the HHS Mandatory Guidelines regarding proper storage, handling and refrigeration of urine samples prior to testing are followed. Section 10. Testing will be conducted in a secure, sanitary area, and the privacy and dignity of the employee will be respected. Section 11. Employees will be notified of drug test results within a reasonable period of time, normally five (5) working days, of receipt of the results by the Drug Program Coordinator (DPC). Failure to comply with this time frame will not invalidate the results. Alcohol test results shall be made available to the employee at the time of testing. Notification of test results shall be handled in a confidential manner. Such results shall only be disclosed as provided for in DOT Order 3910.1 and this Agreement. Section 12. Only employees who are in a duty status shall be subject to substance testing. Section 13. Post accident/incident testing shall only be conducted on employees whose work performance at or about the time of the covered event, as described in DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide, provides reason to believe that such performance may have contributed to the accident or incident, or cannot be completely discounted as a contributing factor to the accident or incident. If an employee is held past his/her shift end time, he/she will be paid overtime in accordance with this Agreement. In extenuating circumstances (for example, child care arrangements), an employee identified for post-accident testing may request approval to leave the facility if the collector/BAT has not arrived at the facility or will not be arriving shortly.The employee will be required to sign a statement that he/she will not consume alcohol for up to eight (8) hours of the time of the covered event and that he/she must return to the facility for testing when called back. Section 14. When reasonable suspicion exists that an employee has violated the substance prohibitions contained in DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide, the Agency may require that an employee submit to substance testing. Reasonable suspicion must be based on specific objective facts and reasonable inferences drawn from these facts in the light of experience. Reasonable suspicion does not require certainty, but mere “hunches” are not sufficient to meet this standard. At the time an employee is ordered to submit to substance testing based on a reasonable suspicion, he/she will be given a written statement setting out the basis for establishing reasonable suspicion. In the event that a reasonable suspicion test produces a negative result, any references to reasonable suspicion including, but not limited to the written statements, shall be expunged from all formal and informal files.This does not preclude the maintenance of those records required by DOT regulations. Section 15. In accordance with DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide, each urine specimen shall be split into two (2) specimen bottles using the split specimen procedure. If the Medical Review Officer verifies the primary specimen bottle (bottle A) is positive, substituted and/or adulterated, the donor may request through the MRO or Field MRO, that the split specimen bottle (bottle B) be tested in another HHS-certified laboratory, under contract with DOT, for the presence of drugs for which a positive result was obtained in the test of bottle A. Only the donor can make such request. Such request shall be honored if made within seventy-two (72) hours of the donor having received notice that his/her primary specimen tested positive and was verified. Section 16. If an employee fails to provide an appropriate amount of urine in accordance with the DOT Drug and Alcohol Testing Guide, the employee will be given a reasonable period of time to provide a specimen. The employee will be allowed an appropriate amount of time, in accordance with the DOT Drug and Alcohol Testing Guide, from the time the last donor to Section 17. Every reasonable effort shall be made to accommodate employee requests for annual or sick leave immediately upon completion of a drug test in order to allow the employee to secure back-up testing in a timely manner. Individuals who are granted such leave may be required, upon request, to provide proof that back-up testing was accomplished. Employees are not required to provide the results of such tests. Section 18. In the event of a confirmed positive alcohol test of .02 or higher, the Agency shall, upon written request, provide to the employee and the Union the maintenance and calibration history of the equipment used and the BAT’s last certification. Section 19. There shall be no local or regional supplements to this Article. Section 20. Nothing in this Article shall be construed as a waiver of any employee, Union, or Agency right.

Substance Testing. Section 1. All substance testing (drug and alcohol) conducted by the Agency Employer shall be done in accordance with applicable laws, DOT Order 3910.13910.1C, the DOT Drug and Alcohol Testing Guideapplicable FAA Orders, and this Agreement. Section 2. The Principal Facility Representative Union facility representative or his/her designee shall be notified of upon the arrival at the facility of the collector/Breath Alcohol Technician (BAT) for the purposes of conducting substance testing of bargaining unit employees.The Agency shall advise the Principal Representative or his/her designee of the maximum number of employees to be tested. Absent an emergency or other special circumstanceUnless prohibited by operational requirements, the Principal Facility RepresentativeUnion facility representative, or his/her designee, will be released for the purpose of performing representational duties.. The representative, Employer shall advise the Union facility representative or his/her designee, designee of the maximum number of employees to be tested. The Union facility representative or his/her designee will be notified when substance testing has been completed. Upon request, the Agency Employer will inform the representative of the number of people tested at the facility and the number of employees to be rescheduled. The Union facility representative may request request, in writing, from the Agency’s Regional Drug Program Coordinator, a copy of the annotated clean/sanitized alcohol or drug test list, in writing. All privacy data will be removed from list within five (5) days after the copy prior to delivery to the Uniontesting is completed. Section 3. An employee who wishes to have a Union representative present during the testing process shall be permitted to do so, provided a representative is readily available, and the collection/test is not delayed. The employee shall notify the supervisor of the his/her employee's wish to obtain representation as soon as the employee learns that he/she is to be tested. The representative will be permitted to observe the actions of the collector/BAT, but will not interrupt or interfere with the collection process in any manner. The employee will designated Union representative shall be allowed to confer for a reasonable period of time meet with the employee briefly (normally not to exceed more than ten (10) minutes minutes) prior to an alcohol test, and ten privately for up to thirty (1030) minutes immediately after the sample collection process an alcohol test when there has been completeda confirmed result of .02 or higher. Section 4. The Union at the national level shall be given a copy of the AgencyEmployer’s quarterly substance abuse statistical report, and a copy of the results of the testing of quality control specimens provided to the testing laboratory by the Department of Transportation. In addition, one (1) Union representative shall will be permitted to accompany officials of the Agency Employer on an inspection of the testing laboratory once a year, if the Agency Employer conducts such an inspection. The Employer agrees to provide to the Union, on an annual basis, an updated list of the Department of Health and Human Services (DHHS) approved laboratories. Section 5. Employees will be given notice privately where and when to appear for substance testingtesting in as private and confidential manner as possible. In no instance shall this be done in a public manner. Section 6. The Agency recognizes its obligations under All collectors/BATs, and other employees of the Privacy Act urine collection/alcohol-testing contractor with respect access to testing records, will be required to execute non-disclosure statements. These statements will cover all information about bargaining unit employees and employees, including their social security numbers, which is provided by the Employer, the employee, the Department of Transportation, or the contractor in connection to substance with the testing including non-disclosure by collectors/contractorsprocesses. Section 7. The Agency shall ensure that employees are selected for substance testing by nondiscriminatory Employer will administer the Substance Testing Program in a fair and impartial methods so that no employee is harassed by being treated differently from other employees in similar circumstancesequitable manner. If for any reason a substance test is declared invalid, the test will be treated as if it had never been conducted. Employees shall not be selected for testing for reasons unrelated to the purposes of the program.for Section 8. All testing equipment used for alcohol testing shall meet the applicable requirements and standards as specified in 49 CFR 40.53 (b) (1-5) and 49 CFR 40.55. All testing equipment used to perform alcohol testing will be calibrated in accordance with the DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guideapplicable National Highway Traffic Safety Administration (NHTSA) requirements. Upon written request, the Union shall be given a copy of the results of the most recent calibration checks check for any equipment used for alcohol testing.The request must include the specific site location(s) (with acronym(s) spelled out) and specific date(s) that testing occurred. If any Any testing equipment is found to be out of tolerance/calibration as specified in Chapter VIshall be removed from service until it is recalibrated, DOT Order 3910.1, every test result of 0.02 or above obtained on the device and all tests performed using that equipment since the its last valid external calibration check shall be declared invalid. Section 9. The Agency Employer shall ensure that the HHS Mandatory DHHS Guidelines regarding proper storage, handling handling, and refrigeration of urine samples prior to testing are followed. Section 10. Testing will be conducted in a secure, sanitary area, and the privacy and dignity of the employee will be respected.respected in accordance with DHHS Guidelines and DOT Order 3910.1C. Section 11. Employees will normally be notified of drug test results within a reasonable period of time, normally five (5) working days, days of receipt of the results by the Drug Program Coordinator (DPC). Failure to comply with this time frame will not invalidate the results. Alcohol test results shall be made available to the employee at the time of testing. Notification of test results shall be handled in a confidential manner. Such results shall only be disclosed as provided for in DOT Order 3910.1 3910.1C and this Agreement. Section 12. Employees may enter any comments they deem appropriate on the back side of their copy of the form. Section 13. Only employees who are in a duty status shall be subject to substance testing. Section 1314. Any proposed procedures concerning testing for any other substances shall be negotiated with the Union prior to implementation as required by law using the procedures of Article 70 of this Agreement. Section 15. Post accident/incident accident testing shall only be conducted on employees whose work performance at or about the time of the covered event, event as described in DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide, 3910.1C provides reason to believe that such performance may have contributed to the accident or incident, or cannot be completely discounted as a contributing factor to the accident or incident. If an employee is held past his/her shift end time, he/she will be paid overtime in accordance with this Agreement. In extenuating circumstances (for example, child care arrangements), an employee identified for post-accident testing may request approval to leave the facility if the collector/BAT has not arrived at the facility or will not be arriving shortly.The employee will be required to sign a statement that he/she will not consume alcohol for up to eight (8) hours of the time of the covered event and that he/she must return to the facility for testing when called back. Section 1416. When reasonable suspicion exists that an employee has violated the substance prohibitions contained in DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide3910.1C, the Agency Employer may require that an employee submit to substance testing. Reasonable suspicion must be based on specific objective facts and reasonable inferences drawn from these facts in the light of experience. Reasonable suspicion does not require certainty, but mere “hunches” are not sufficient to meet this standard. At the time an employee is ordered to submit to substance testing based on a reasonable suspicion, he/she will be given a written statement setting out the basis for establishing reasonable suspicion. In the event that a reasonable suspicion test produces a negative result, any references to reasonable suspicion including, but not limited to the written statements, shall be expunged from all formal and informal files.This does not preclude the maintenance of those records required by DOT regulations. Section 1517. Any employee unable to provide a urine sample for substance testing shall be allowed a reasonable time to provide a sample, up to two (2) hours after completion of testing for that day or the end of their shift. If the employee is still unable to provide a sample, the employee will be rescheduled at a subsequent date in the near future for collection of another sample. In post accident cases, the employee may be retained on duty until a urine sample is provided. The inability of an employee to provide an amount of breath sufficient for alcohol testing purposes shall be handled in accordance with DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide, each urine specimen 3910.1C. Section 18. The Employer shall be split into two (2) required to perform a second test on a new portion of the same specimen bottles using the split specimen procedure. If the Medical Review Officer verifies the primary specimen bottle (bottle A) is positive, substituted and/or adulterated, the donor may request through the MRO or Field MRO, that the split specimen bottle (bottle B) be tested in another HHS-certified laboratory, under contract with DOT, for the presence of drugs for which if a positive result was obtained in the first drug test. This second test of bottle A. will be done by using gas chromatography and mass spectrometry. Only confirmed test results will be communicated to the donor can make such request. Such request shall be honored if made within seventy-two (72) hours of the donor having received notice that his/her primary specimen tested positive and was verifiedDPC. Section 16. If an employee fails to provide an appropriate amount of urine in accordance with the DOT Drug and Alcohol Testing Guide, the employee will be given a reasonable period of time to provide a specimen. The employee will be allowed an appropriate amount of time, in accordance with the DOT Drug and Alcohol Testing Guide, from the time the last donor to Section 1719. Every reasonable effort shall be made to accommodate employee requests for annual or sick leave immediately upon completion of a drug test in order to allow the employee to secure back-up testing in a timely manner. Individuals who are granted such leave may be required, upon request, to provide proof that back-up testing was accomplished. Employees are not required to provide the results of such tests. Section 1820. In the event of a confirmed positive alcohol test of .02 or higher, the Agency Employer shall, upon written request, provide to the employee and the Union the maintenance and calibration history of the equipment used and the BAT’s last certification. Section 1921. Employees who are removed from safety related duties due to a confirmed alcohol test of .02 - .039 may be assigned administrative duties, if the Employer determines such duties are available. If such duties are not available, the employee shall be offered the option to be placed on annual leave or leave without pay. The Employer’s assignment of administrative duties or granting of leave under these circumstances in no way affects the Employer’s determination that the employee was not ready for work, or the final decision to take disciplinary action as appropriate. Section 22. Prior to the receipt of a proposed notice of disciplinary or adverse action for a violation of DOT Order 3910.1C, the employee may request immediate resignation or voluntary retirement, if eligible, and it will be processed accordingly. Section 23. Training - New bargaining unit employees, or those transferring into positions covered under drug/alcohol testing will be given information on the alcohol and drug testing program and procedures and changes in alcohol or drug testing and will be provided information concerning use of alcohol-based medications, other common products containing alcohol, and the effects on alcohol testing. Section 24. There shall be no local or regional supplements to this Article. Section 2025. Nothing in this Article shall be construed as a waiver of any employee, Union, or Agency Employer right.

Substance Testing. Section 1. All substance testing (drug Drug and alcoholAlcohol) conducted by the Agency Employer shall be done in accordance with applicable the Federal laws, DOT Order 3910.1rules, regulations noted in the DOT Drug and Alcohol Testing Guide, Reference section and this Agreement. Section 2. The Principal If the employer requires drug/alcohol testing, all testing shall be completed on duty time. If the Employer elects to conduct on-site collection, the Union Facility Representative or his/her designee shall be notified of the arrival at the facility of the collector/Breath Alcohol Technician (BAT) collector for the purposes of conducting substance testing of bargaining unit employees.The Agency shall advise the Principal Representative or his/her designee of the maximum number of employees to be testedBUEs. Absent an emergency or other special circumstanceUnless prohibited by operational requirements, the Principal Facility Representative, or his/her designee, will be released for the purpose of performing representational duties.. The representative, Employer shall advise the Facility Representative or his/her designee, designee of the maximum number of employees to be tested. The representative or his/her designee will be notified when substance testing has been completed. Upon request, the Agency Employer will inform the representative Union Representative of the number of people tested at the facility and the number of employees to be rescheduled. If employees are sent to a private medical facility for the purpose of being drug tested, the Facility Representative shall be notified of such in advance and released to perform all representational duties. The Union may request a copy representative shall be notified of the annotated number of tested employees and notified of when the test list, in writing. All privacy data will be removed from the copy prior to delivery to the Unionhas been completed. Section 3. An employee who wishes to have a Union representative Representative present during the testing process shall be permitted to do so, provided a representative is readily available, and the collection/test is not delayed. The employee shall notify the supervisor of the his/her employee’s wish to obtain representation as soon as the employee learns that he/she is to be tested. The representative will be permitted to observe the actions action of the collector/BATcollection process, but will not interrupt or interfere with the collection process in any manner. The employee will be allowed to confer for a reasonable period of time not to exceed ten (10) minutes prior to and ten (10) minutes immediately after the sample collection process has been completed. Section 4. The Union at supervisor will notify the national level employee when and where to report for substance testing in person in a private and confidential manner, as long as they speak personally with the employee. In no instance shall this be done in a public manner. If requested, the Employee’s test result shall be given a copy of the Agency’s quarterly substance abuse statistical report, and a copy of the results of the testing of quality control specimens provided to the testing laboratory by the Department of TransportationEmployee in a private and confidential manner. In addition(AR 600-85, one (1) Union representative shall be permitted to accompany officials of the Agency on an inspection of the testing laboratory once a year, if the Agency conducts such an inspection.5-14,c) Section 5. Employees will be given notice privately where and when to appear for substance testing. Section 6. The Agency recognizes its obligations under the Privacy Act with respect to information about bargaining unit employees and their connection to substance testing including nonPost-disclosure by collectors/contractors. Section 7. The Agency shall ensure that employees are selected for substance testing by nondiscriminatory and impartial methods so that no employee is harassed by being treated differently from other employees in similar circumstances. If for any reason a substance test is declared invalid, the test will be treated as if it had never been conducted. Employees shall not be selected for testing for reasons unrelated to the purposes of the program. Section 8. All equipment used for alcohol testing shall meet the requirements and standards as specified in the DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide. Upon written request, the Union shall be given a copy of the results of calibration checks for equipment used for alcohol testing.The request must include the specific site location(s) (with acronym(s) spelled out) and specific date(s) that testing occurred. If any testing equipment is found to be out of tolerance/calibration as specified in Chapter VI, DOT Order 3910.1, every test result of 0.02 or above obtained on the device since the last valid external calibration check shall be invalid. Section 9. The Agency shall ensure that the HHS Mandatory Guidelines regarding proper storage, handling and refrigeration of urine samples prior to testing are followed. Section 10. Testing will be conducted in a secure, sanitary area, and the privacy and dignity of the employee will be respected. Section 11. Employees will be notified of drug test results within a reasonable period of time, normally five (5) working days, of receipt of the results by the Drug Program Coordinator (DPC). Failure to comply with this time frame will not invalidate the results. Alcohol test results shall be made available to the employee at the time of testing. Notification of test results shall be handled in a confidential manner. Such results shall only be disclosed as provided for in DOT Order 3910.1 and this Agreement. Section 12. Only employees who are in a duty status shall be subject to substance testing. Section 13. Post accident/incident accident testing shall only be conducted on employees whose work performance at or about the time of the covered event, as described in DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide, provides reason to believe that such performance may have contributed to the accident or incident, or cannot be completely discounted as a contributing factor to the an accident or incident. If At the time an employee is held past his/her shift end time, he/she will be paid overtime in accordance with this Agreement. In extenuating circumstances (for example, child care arrangements), an employee identified for ordered to submit to post-accident testing may request approval to leave substance testing, the facility if the collector/BAT has not arrived at the facility or will not be arriving shortly.The employee will be required to sign given a written statement that he/she will not consume alcohol setting out the basis for up to eight establishing the post accident testing. (8) hours of the time of the covered event and that he/she must return to the facility for testing when called back.DA XXX 600-85, 3-2,b) Section 146. When reasonable suspicion exists that an employee has violated the substance prohibitions contained in DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guideprohibitions, the Agency Employer may require that an employee submit to substance testing. Reasonable suspicion must be based on specific objective facts and reasonable inferences drawn from these facts in the light of experience. Reasonable The following explains reasonable suspicion does not require certaintytesting. A. All DA civilian employees are subject to reasonable suspicion testing when there is a reasonable suspicion of on duty use or on duty impairment. B. DA employees in TDPs are subject to reasonable suspicion testing when there is a reasonable suspicion that an employee uses illegal drugs, but whether on or off duty. C. The supervisor will initiate testing when there is “reasonable suspicion” of illegal drug use (i.e., an articulable belief that an employee uses illegal drugs drawn from specific and particularized facts and reasonable inferences from those facts); mere “hunches” hunches or rumors are not sufficient to meet this standardinitiate testing. At (DA XXX 600-85, 3-2, a) Reasonable suspicion may be based upon: 1. Direct observation of drug use or possession and/or physical symptoms of being under the time influence of an illegal drug. 2. A pattern of abnormal conduct or erratic behavior. 3. Conviction from a drug–related offense. 4. Observation of drug use or possession and/or physical symptoms of being under the influence of an illegal drug provided by a reliable and credible source or independent corroboration. 5. Newly discovered evidence that the employee has tampered with a previous drug test. D. When a supervisor suspects an employee is ordered using illegal drugs, the supervisor will gather all information, facts, and circumstances leading to submit and supporting this suspicion and meet with the next higher level supervisor and the servicing XXXX to substance review the evidence, in consultation with Agency legal counsel. The supervisor will prepare and maintain a written report to include, at a minimum, the appropriate dates and times of reported drug–related incidents, reliable/credible sources of information, rationale leading to the test, findings of the test, and the action taken. Notification to test is prepared by the supervisor and approved by the next higher level supervisor after coordination with the Staff Judge Advocate (SJA) and XXXX. The reasonable suspicion drug test will test for all five drugs authorized by the Department of Health and Human Services (DHHS) for testing based on under this program. E. The employee may be asked to provide a reasonable suspicion, he/she specimen under observation if there is reason to believe the employee may alter or substitute the specimen to be provided. (A decision to obtain a specimen under observation will be given a written statement setting out determined by the basis for establishing reasonable suspicion. In supervisor, in consultation with the event that a reasonable suspicion test produces a negative result, any references to reasonable suspicion including, but not limited to the written statements, shall be expunged from all formal and informal files.This does not preclude the maintenance of those records required by DOT regulations. Section 15. In accordance with DOT Order 3910.1 legal office and the DOT Drug and Alcohol Testing GuideXXXX, each urine specimen shall DA XXX 600-85, 3-2, a,4). Direct observation collection will be split into two (2) specimen bottles using the split specimen procedure. If the Medical Review Officer verifies the primary specimen bottle (bottle A) is positive, substituted and/or adulterated, the donor may request through the MRO or Field MRO, that the split specimen bottle (bottle B) be tested in another HHS-certified laboratory, under contract with DOT, for the presence of drugs for which a positive result was obtained in the test of bottle A. Only the donor can make such request. Such request shall be honored if made within seventy-two (72) hours of the donor having received notice that his/her primary specimen tested positive and was verified. Section 16. If an employee fails to provide an appropriate amount of urine conducted in accordance with (DHHS) Urine Specimen Collection Handbook for Federal Agency Workplace Drug Testing Programs, 1 October 2010, Chapter 7,D. F. The supervisor will notify the DOT Alcohol and Drug Control Officer (ADCO) and Alcohol Testing Guideprovide the information necessary to arrange for the reasonable suspicion drug test, which will be conducted as soon as possible on the same day the test was approved. G. The supervisor will notify the XXXX if an employee refuses to be tested, and when the employee will be given a reasonable period of time is found to provide a specimenuse illegal drugs. The employee will be allowed an appropriate amount of time(DA XXX 600-85, in accordance with the DOT Drug and Alcohol Testing GuideChapter 3-2, from the time the last donor toa, 6) Section 177. Every reasonable effort shall be made to accommodate employee requests for annual or sick leave immediately upon completion of a drug test in order to allow the employee to secure back-up testing in a timely manner. Individuals Employees who are granted such leave may be required, upon request, removed from safety related duties due to provide proof that back-up testing was accomplished. Employees are not required to provide the results of such tests. Section 18. In the event of a confirmed positive alcohol test of .02 or higher, the Agency shall, upon written request, provide to the employee and the Union the maintenance and calibration history of the equipment used and the BAT’s last certification. Section 19. There shall - .039 may be no local or regional supplements to this Article. Section 20. Nothing in this Article shall be construed as a waiver of any employee, Union, or Agency right.assigned administrative

Substance Testing. Section SECTION 1. All substance testing (drug and alcohol) conducted by the Agency shall be done in accordance with applicable laws, DOT Order 3910.1, the DOT Drug and Alcohol Testing Guide, and this Agreement. Section SECTION 2. The Principal Facility Representative Union’s local bargaining unit representative or his/her designee shall be notified of the arrival at the facility facility/office of the collector/Breath Alcohol Technician (BAT) for the purposes of conducting substance testing of bargaining unit employees.. The Agency shall advise the Principal Representative or his/her designee of the maximum number of employees to be tested. Absent an emergency or other special circumstance, the Principal Facility Union’s local bargaining Representative, or his/her designee, will be released for the purpose of performing representational duties.The representative, or his/her designee, will be notified when substance testing has been completed. Upon request, the Agency will inform the representative of the number of people tested at the facility and the number of employees to be rescheduled. The Union may request a copy of the annotated test list, in writing. All privacy data will be removed from the copy prior to delivery to the Union. Section SECTION 3. An employee who wishes to have a Union representative Representative present during the testing process shall be permitted to do so, provided a representative Representative is readily available, and the collection/test is not delayed. The employee shall notify the supervisor of the his/her wish to obtain representation as soon as the employee learns that he/she is to be tested. The representative Representative will be permitted to observe the actions of the collector/BAT, but will not interrupt or interfere with the collection process in any manner. The employee will be allowed to confer for a reasonable period of time not to exceed ten (10) minutes prior to and ten (10) minutes immediately after the sample collection process has been completed. Section SECTION 4. The Union at the national level shall be given a copy of the Agency’s quarterly substance abuse statistical report, and a copy of the results of the testing of quality control specimens provided to the testing laboratory by the Department of Transportation. In addition, one (1) Union representative shall be permitted to accompany officials of the Agency on an inspection of the testing laboratory once a year, if the Agency conducts such an inspection.provided Section SECTION 5. Employees will be given notice privately where and when to appear for substance testing. Section SECTION 6. The Agency recognizes its obligations under the Privacy Act with respect to information about bargaining unit employees and their connection to substance testing including non-disclosure by collectors/contractors. Section SECTION 7. The Agency shall ensure that employees are selected for substance testing by nondiscriminatory and impartial methods so that no employee is harassed by being treated differently from other employees in similar circumstances. If for any reason a substance test is declared invalid, the test will be treated as if it had never been conducted. Employees shall not be selected for testing for reasons unrelated to the purposes of the program. Section SECTION 8. All equipment used for alcohol testing shall meet the requirements and standards as specified in the DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide. Upon written request, the Union shall be given a copy of the results of calibration checks for equipment used for alcohol testing.. The request must include the specific site location(s) (with acronym(s) spelled out) and the specific date(s) that testing occurred. If any testing equipment is found to be out of tolerance/calibration as specified in Chapter VI, DOT Order 3910.1, every test result of 0.02 or above obtained on the device since the last valid external calibration check shall be invalid. Section SECTION 9. The Agency shall ensure that the HHS Mandatory Guidelines regarding proper storage, handling and refrigeration of urine samples prior to testing are followed. Section SECTION 10. Testing will be conducted in a secure, sanitary area, and the privacy and dignity of the employee will be respected. Section SECTION 11. Employees will be notified of drug test results within a reasonable period of time, normally five (5) working days, of receipt of the results by the Drug Program Coordinator (DPC). Failure to comply with this time frame will not invalidate the results. Alcohol test results shall be made available to the employee at the time of testing. Notification of test results shall be handled in a confidential manner. Such results shall only be disclosed as provided for in DOT Order 3910.1 and this Agreement. Section SECTION 12. Only employees who are in a duty status shall be subject to substance testing. Section SECTION 13. Post accident/incident testing shall only be conducted on employees whose work performance at or about the time of the covered event, as described in DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide, provides reason to believe that such performance may have contributed to the accident or incident, or cannot be completely discounted as a contributing factor to the accident or incident. If an employee is held past his/her shift end time, he/she will be paid overtime in accordance with this Agreement. In extenuating circumstances (for example, child care arrangements), an employee identified for post-accident testing may request approval to leave the facility if the collector/BAT has not arrived at the facility or will not be arriving shortly.The employee will be required to sign a statement that he/she will not consume alcohol for up to eight (8) hours of the time of the covered event and that he/she must return to the facility for testing when called back.to Section SECTION 14. When reasonable suspicion exists that an employee has violated the substance prohibitions contained in DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide, the Agency may require that an employee submit to substance testing. Reasonable suspicion must be based on specific objective facts and reasonable inferences drawn from these facts in the light of experience. Reasonable suspicion does not require certainty, but mere “hunches” are not sufficient to meet this standard. At the time an employee is ordered to submit to substance testing based on a reasonable suspicion, he/she will be given a written statement setting out the basis for establishing reasonable suspicion. In the event that a reasonable suspicion test produces a negative result, any references to reasonable suspicion including, but not limited to the written statements, shall be expunged from all formal and informal files.This does not preclude the maintenance of those records required by DOT regulations.but Section SECTION 15. In accordance with DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide, each urine specimen shall be split into two (2) specimen bottles using the split specimen procedure. If the Medical Review Officer verifies the primary specimen bottle (bottle A) is positive, substituted and/or adulterated, the donor may request through the MRO or Field MRO, that the split specimen bottle (bottle B) be tested in another HHS-certified laboratory, under contract with DOT, for the presence of drugs for which a positive result was obtained in the test of bottle A. Only the donor can make such request. Such request shall be honored if made within seventy-two (72) hours of the donor having received notice that his/her primary specimen tested positive and was verified.the Section SECTION 16. If an employee fails to provide an appropriate amount of urine in accordance with the DOT Drug and Alcohol Testing Guide, the employee will be given a reasonable period of time to provide a specimen. The employee will be allowed an appropriate amount of time, in accordance with the DOT Drug and Alcohol Testing Guide, from the time the last donor toto be tested is notified to provide a specimen. The inability of an employee to provide an amount of breath sufficient for alcohol testing purposes shall be handled in accordance with DOT Order 3910. Section SECTION 17. Every reasonable effort shall be made to accommodate employee requests for annual or sick leave immediately upon completion of a drug test in order to allow the employee to secure back-up testing in a timely manner. Individuals who are granted such leave may be required, upon request, to provide proof that back-up testing was accomplished. Employees are not required to provide the results of such tests. Section SECTION 18. In the event of a confirmed positive alcohol test of .02 or higher, the Agency shall, upon written request, provide to the employee and the Union the maintenance and calibration history of the equipment used and the BAT’s last certification.of Section SECTION 19. There shall be no local or regional supplements to this Article. Section SECTION 20. Nothing in this Article shall be construed as a waiver of any employee, Union, or Agency right.