Test-Designated Positions. For purposes of this Section, test- designated positions are:
a. A safety-sensitive position in which the incumbent is required to possess a valid commercial driver’s license or to operate a commercial motor vehicle, an emergency vehicle, or dangerous equipment or machinery.
b. A position in which the incumbent possesses law enforcement powers or is required or permitted to carry a firearm while on duty.
c. A position in which the incumbent, on a regular basis, provides direct health care services to persons in the care or custody of the state or one of its political subdivisions.
d. A position in which the incumbent has regular unsupervised access to and direct contact with prisoners, probationers, or parolees.
e. A position in which the incumbent has unsupervised access to controlled substances.
f. A position in which the incumbent is responsible for handling or using hazardous or explosive materials. Additional test designated positions in other classifications whose duties are not as provided in Subsections a. through f. above shall be subject to the provisions of this Article pursuant to secondary negotiations. New classifications, or levels added to existing classifications, may include duties consistent with those identified for test-designated positions in Subsections a. through f. above. The Employer shall meet with the Union to review the new classification or level prior to requiring an employee in the new class to submit to testing under this Section.
Test-Designated Positions. For purposes of this Article, test-designated positions are:
A. Safety-sensitive positions in which the incumbent is required to possess a valid commercial driver’s license or to operate a commercial motor vehicle, an emergency vehicle, or dangerous equipment or machinery.
B. A position in which the incumbent possesses law enforcement powers or is required or permitted to carry a firearm while on duty.
C. A position in which the incumbent, on a regular basis, provides direct health care services to persons in the care or custody of the State or one of its political subdivisions.
D. A position in which the incumbent has regular unsupervised access to and direct contact with prisoners, probationers, or parolees.
E. A position in which the incumbent has unsupervised access to controlled substances.
F. A position in which the incumbent is responsible for handling or using hazardous or explosive materials.
G. Additional test-designated positions in other classifications whose duties are not as provided in Subsections A through F above shall be subject to the provisions of this article pursuant to secondary negotiations.
H. New classifications, or levels added to existing classifications, may include duties consistent with those identified for test-designated positions in Subsections A through F above. The employer shall meet with the union to review the new classification or level prior to requiring an employee in the new class to submit to testing under this Article.
Test-Designated Positions. For purposes of this article, test designated positions are:
Test-Designated Positions. (TDP’s)
1. TDP’s are those positions for which it has been determined that an incumbent's use of illegal drugs would pose a significant threat to national security, public safety, and fellow employees.
2. Employees identified as filling a TDP shall be notified of their testing status prior to implementation of random testing. If an employee believes his or her position has been wrongly classified, he or she may file an administrative appeal to the Agency, who has authority to remove the position from the TDP list.
3. The employee must submit the administrative appeal, in writing, within fifteen (15) days of notification, setting forth all relevant information. The Agency’s decision is a final administrative decision.
4. Each employee in the TDP shall be asked to sign an acknowledgment of notice regarding testing status prior to implementation of a random testing program. The acknowledgment shall be maintained in the employee’s eOPF (or equivalent). All newly affected employees shall also acknowledge their awareness of the Drug Free Workplace Program and receipt of a copy of the current version of the Program Statement on the DFWP.
5. If the employee refuses to sign the acknowledgement, the employee’s supervisor, or other staff member tasked with distribution of the notice, shall note on the acknowledgement form that the employee received the notice. This acknowledgement is advisory only, and failure to provide a signed acknowledgement shall not preclude drug testing that employee.
6. Once an employee has signed the acknowledgement, the employee shall not thereafter be required to sign a new acknowledgement, unless the employee changes from a TDP to a non- TDP and then changes back to a test designated position.
7. At a minimum, pre-employment and random selection testing shall be conducted for the following drug classes:
a. Marijuana;
b. Cocaine;
c. Morphine, codeine, and other opiates;
d. Amphetamines; and,
Test-Designated Positions. For purposes of this Section, test-designated 8 positions are:
9 a. A safety-sensitive position in which the incumbent is required to possess a 10 valid commercial driver’s license or to operate a commercial motor 11 vehicle, an emergency vehicle, or dangerous equipment or machinery.
12 b. A position in which the incumbent possesses law enforcement powers or 13 is required or permitted to carry a firearm while on duty.
14 c. A position in which the incumbent, on a regular basis, provides direct 15 health care services to persons in the care or custody of the state or one 16 of its political subdivisions.
17 d. A position in which the incumbent has regular unsupervised access to and 18 direct contact with prisoners, probationers, or parolees.
19 e. A position in which the incumbent has unsupervised access to controlled 20 substances.
21 f. A position in which the incumbent is responsible for handling or using 22 hazardous or explosive materials. 23 Additional test designated positions in other classifications whose duties are 24 not as provided in Subsections a. through f. above shall be subject to the 25 provisions of this Article pursuant to secondary negotiations. 26 New classifications, or levels added to existing classifications, may include 27 duties consistent with those identified for test-designated positions in 28 Subsections a. through f. above. The Employer shall meet with the Union to 1 review the new classification or level prior to requiring an employee in the 2 new class to submit to testing under this Section.
Test-Designated Positions. 14 For purposes of this article, test designated positions are:
15 1. A safety-sensitive position in which the incumbent is required to possess a 16 valid commercial driver’s license or to operate a commercial motor 17 vehicle, an emergency vehicle, or dangerous equipment or machinery.
18 2. A position in which the incumbent possesses law enforcement powers or 19 is required or permitted to carry a firearm while on duty.
20 3. A position in which the incumbent, on a regular basis, provides direct 21 health care services to persons in the care or custody of the state or one 22 of its political subdivisions.
23 4. A position in which the incumbent has regular unsupervised access to and 24 direct contact with prisoners, probationers, or parolees.
25 5. A position in which the incumbent has unsupervised access to controlled 26 substances.
27 6. A position in which the incumbent is responsible for handling or using 28 hazardous or explosive materials. 29 Additional test designated positions in other classifications whose duties 30 are not as provided in subsections 1 through 6 above shall be subject to 31 the provisions of this article pursuant to secondary negotiations. 32 New classifications, or levels added to existing classifications, may include 33 duties consistent with those identified for test designated positions in 34 subsections 1 through 6 above. The Employer shall meet with the Union to 35 review the new classification or level prior to requiring an employee in the 36 new class to submit to testing under this article. 37
