Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer shall:
(a) Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA);
(b) Establish a chain of custody procedure for both sample collection and testing that will insure the integrity of the identity of each sample and test result;
(c) Collect a sufficient sample of the same body fluid or materials from an officer to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the officer;
(d) Collect samples in such a manner as to insure high degree of security for the sample and its freedom from adulteration;
(e) Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites;
(f) Provide the officer tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officer’s own choosing, at the officer’s own expense provided the officer notifies the Employer within seventy-two (72) hours of receiving the results of the tests;
(g) Require that the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein, the Employer will not use such information in any manner or form adverse to the officer’s interests;
(h) Require that with regard to alcohol testing, for the purpose of determining whether the officer is under the influence of alcohol, test results that show an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive. If a test is greater than 0.0 but less than .04, the officer shall be presumed to be not under the influence of alcohol. If the test is greater than .10, the officer shall be conclusively presumed to be under the influence of alcohol. If the test is less than .04, the Employer shall not be precl...
Test to be Conducted. In conducting the testing authorized by this Contract, the City shall comply with the following:
a) The lab performing drug tests shall be federally certified to do drug testing. The facility collecting and testing breath specimens shall hold all legally necessary licenses and be agreed to by the Union.
b) Collection of breath and urine samples shall be conducted in a manner which is consistent with HHS guidelines. Strict chain of custody procedures which are consistent with HHS guidelines must be followed for all samples. The Union and the City agree that the security of the specimens is absolutely necessary. Therefore, the City agrees that if the chain of custody of a sample is broken in any way, any positive test shall be invalid and may not be used for any purpose.
c) Urine specimens shall be collected in private, except in the circumstances described in 49 C.F.R. §40.25(e)(2), or as set forth herein.
d) A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines.
e) Employees have the right for a Union representative to be present during any pre- collection interviews of employees intended to determine whether reasonable suspicion exists, but the exercise of such right shall not unreasonably delay the collection of the sample. For alcohol tests, "unreasonable delay" means twenty (20) minutes or more; for drug tests, "unreasonable delay" means two (2) hours. Prior to submitting a urine or breath specimen, the employee will be required to sign a consent-refusal form and will be subject to discipline for refusing to sign such a form; provided, an employee's refusal to consent is not a waiver of any objection to the test the employee would otherwise have.
f) The City's drug testing lab will confirm any urine sample that tests positive in initial screening for drugs by testing a portion of the same sample by gas chromatography/mass spectrometry (GC/MS). All positive confirmed samples and related paperwork must be retained for at least twelve (12) months or (provided written notice is given the lab by the City or Union, before the expiration of the twelve (12)- month period) for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer.
g) The City will provide employees who test positive for alcohol or drugs with an opportunity to have the split urine or blo...
Test to be Conducted. In conducting the testing authorized by this Contract, the Township shall comply with the following:
(A) The vendor selected to perform drug tests shall be federally certified to do drug testing and shall be mutually agreed to by the Lodge and Township. Personnel employed by the lab shall be certified as required by federal certification requirements. The facility collecting and testing breath specimens shall hold all legally necessary licenses.
(B) Collection of samples shall be conducted in a manner which is consistent with HHS guidelines. Strict chain of custody procedures which are consistent with the United State Department of Health and Human Services (HHS) guidelines must be followed for all samples. The Lodge and the Township agree that the security of the specimens is absolutely necessary. Therefore, the Township agrees that if the chain of custody of a sample is broken in any way, any positive test shall be invalid and may not be used for any purpose.
(C) Urine specimens shall be collected in private, except in the circumstances described in 49 C.F.R. §40.25(e)(2)(i, ii, iii), as follows:
(1) Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided, as further described in this paragraph.
(2) For purposes of this part, the following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen.
(i) The employee has presented a urine specimen that falls outside the normal temperature range (32°-38°C/90°- 100°F), and
(a) The employee declines to provide a measurement of oral body temperature, as provided in paragraph (f)(14) of the part; or
(b) Oral body temperature varies by more than 1°C/1.8°F from the temperature of the specimen;
(ii) The last urine specimen provided by the employee (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below .2g/L;
(iii) The collection site person observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample (e.g., substitute urine in plain view, blue dye in specimen presented, etc.).
(D) A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that co...
Test to be Conducted. In conducting the testing authorized by this Article, the City shall comply with the following:
A. The lab selected to perform drug tests shall be federally certified to do drug testing. Personnel employed by the lab shall-be certified as required by federal certification requirements. The facility collecting and testing breath specimens shall hold all legally necessary licenses.
B. Collection of samples shall be conducted in a manner which is consistent with the United States Department of Health and Human Services ("HHS") guidelines. Strict chain of custody procedures which are consistent with HHS guidelines must be followed for all samples. The FOP/OLC and the City agree that the security of the specimen is absolutely necessary. Therefore, the City agrees that if the chain of custody of a sample is broken in any way any positive test shall be invalid and may not be used for any purpose.
C. Urine specimens shall be collected in private, except in the following circumstances:
1. Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that an individual may alter or substitute the specimen to be provided, as further described below.
2. The following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen:
i. The member has presented a urine specimen that falls outside the normal temperature range (32-38 C/90-100 F), and
ii. The member declines to provide a measurement of oral body temperature; or from the temperature of the specimen;
iii. The last urine specimen provided by the member (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003) and a creatinine concentration below .2g/L;
iv. The collection site person hears statements or observes conduct clearly and unequivocally indicating an attempt by the member to substitute or adulterate the sample (e.g. substitute urine in plain view, blue dye in specimen presented, etc.).
D. A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines.
E. Members have the right for a FOP/OLC representative to be present during the collection of samples (and any pre-collection interviews of members intended to determine whether reasonable suspicion exists), but the exercise of su...
Test to be Conducted. In conducting the testing authorized by this Contract, the City shall comply with the following:
(A) The vendor selected to perform drug tests shall be federally certified to do drug testing and shall be mutually agreed to by the Lodge and City. Personnel employed by the lab shall be certified as required by federal certification requirements. The facility collecting and testing breath specimens shall hold all legally necessary licenses.
(B) Collection of samples shall be conducted in a manner which is consistent with HHS guidelines. Strict chain of custody procedures which are consistent with the United States Department of Health and Human Services (HHS) guidelines must be followed for all samples. The Lodge and the City agree that the security of the specimens is absolutely necessary. Therefore, the City agrees that if the chain of custody of a sample is broken in any way, any positive test shall be invalid and may not be used for any purpose.
(C) Urine specimens shall be collected in private, except in the circumstances described in 49 C.F.R. §40.25(e)(2)(i, ii, iii), as follows:
Privacy. (1) Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided, as further described in this paragraph.
Test to be Conducted.
(A) The lab performing drug tests shall be federally certified to do drug testing and agreed to by the Union and the City. The facility collecting and testing
(B) Collection of breath and urine samples shall be conducted in a manner which is consistent with HHS guidelines. Strict chain of custody procedures which are consistent with HHS guidelines must be followed for all samples. The Union and the City agree that the security of the specimens is absolutely necessary. Therefore, the City agrees that if the chain of custody of a sample is broken, the MRO will invalidate the test and the results will not be reported to the City.
(C) Urine specimens shall be collected in private, except in the circumstances described in 49 C.F.R. §40.67.
(D) A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines. If a sample is thought to be adulterated at the time of testing, the employee will be offered the opportunity to provide a second sample under observation without privacy restraints. If that is not possible, or if the employee declines such opportunity, and the original sample (or the second sample if given) is proven to be adulterated, such adulteration will be considered a positive test and subject to Section 32.8.
(E) Employees have the right for a Union representative to be present during the collection of samples (and any pre-collection interviews of employees intended to determine whether reasonable suspicion exists), but the exercise of such right shall not unreasonably delay the collection of the sample. For alcohol tests, "unreasonable delay" means twenty (20) minutes or more; for drug tests, "unreasonable delay" means two (2) hours. Prior to submitting a urine or breath specimen, the employee will be required to sign a consent-refusal form and will be subject to discipline for refusing to sign such a form; provided, an employee's refusal to consent is not a waiver of any objection to the test the employee would otherwise have.
(F) The City's drug testing lab will confirm any urine sample that tests positive in initial screening for drugs by confirmatory testing approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) and/or certified laboratory standards. All positive confirmed samples and related paperwork must be retained for at least twelve (12) months or (...
Test to be Conducted. The Employer shall use only a clinical laboratory or hospital facility that is licensed per the Illinois Central Laboratory Act, which laboratory shall comply with all NIDA standards. The Employer shall establish a chain of custody procedure to ensure the integrity of samples and test results, and shall not permit the employee or any other bargaining unit member to be a part of such chain. Sufficient samples shall be collected so as to permit an initial, a confirmatory, and a subsequent test to be arranged at a facility of the employee's choosing. Confirming tests shall be Gas Chromatography, plus Mass Spectrometry (GCMS) or an equivalent scientifically accurate test.
Test to be Conducted. (a) Where the Employer has reasonable suspicion to believe that the employee is under the influence of alcohol, the employee may consent to an initial breath alcohol screening at the police department.
(b) The Village shall use only a clinical laboratory or hospital facility that is licensed per the Illinois Clinical Laboratory Act, which laboratory shall comply with all NIDA standards. The Village shall establish a chain of custody procedure to insure the integrity of samples and test results and shall not permit the employee or other bargaining unit member to be a part of such chain. Sufficient samples shall be collected so as to permit an Employer’s test and a subsequent test to be arranged at a facility of the employee’s choosing. Employer drug testing shall be by gas chromatography, plus mass spectrometry (GCMS) or an equivalent scientifically accurate test. Confirmatory alcohol testing shall be by blood alcohol content testing processes.
Test to be Conducted. In conducting the alcohol testing authorized by this Agreement, the County shall:
a) Conduct a Datamaster test in accordance with Genesee County Sheriff's Departmental Procedures.
b) Require that for the purpose of determining whether the employee is under the influence of alcohol, Datamaster test results showing an alcohol concentration over .000 based upon grams of alcohol per 100 milliliters of blood shall be considered positive.
c) Provide the employee tested by Datamaster with an opportunity to have a blood sample taken and tested by a local hospital facility of the employee's own choosing, and at the employee's own expense provided the employee notifies the County of the results within seventy-two hours of receiving the results of the test.
d) Provide each employee tested, and, with the employee's approval, the Genesee County Sheriff's Employee Association, a copy of all information and reports generated and/or received by the County in connection with the testing and the results.
e) Insure that no employee is the subject of any adverse employment action except emergency temporary reassignment or relief of duty during the pendency of any testing procedure.
