Common use of Test to be Conducted Clause in Contracts

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 precluded from demonstrating the officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of proof in such cases; (i) Provide each officer tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (j) Insure that no officer is the subject of any adverse employment action except temporary reassignment or relief from duty during the pendency of any testing procedure.

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 mutually agreed upon by the National Institute of Drug Abuse (NIDA);Employer and the Union. (b) Establish a chain of custody procedure for both sample collection and testing that will insure ensure 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 ensure a high degree of security for the sample and its freedom from adulteration;. Collection shall only be done by properly licensed organizations or individuals who are not Employees of the County of XxXxxxx, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employee. (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 's own choosing, at the officer’s 's own expense provided the officer notifies the Employer within seventy-two (72) hours of receiving the results of the tests; (gf) 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 's interests; (hg) Require that with regard to alcohol testing, for the purpose of determining whether the officer is under the influence of alcohol, alcohol test results that show an alcohol concentration of .04 .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positivepositive and conclusive evidence that the Employee is under the influence. 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, .04 the officer shall be conclusively presumed not to be under the influence of alcohol. If Alcohol testing shall only be conducted through the test is less than .04, the Employer shall not be precluded from demonstrating the officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden use of proof in such cases;a breathalyzer. (ih) Provide each officer tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (ji) Insure Ensure that no officer is the subject of any adverse employment action except temporary reassignment or relief from duty during the pendency of any testing procedure. j) Notify the Employee of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered to discuss the results with the Employee.

Test to be Conducted. In conducting the testing authorized by this Agreement, Metro Government shall comply with the Employer shallfollowing: (aA) Use The lab selected to perform drug tests shall be federally certified to do drug testing. (B) After initial identification confirmation, the specimen collected from the Member shall be identified 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);Member’s social security number or acceptable coding throughout the testing process. (bC) Establish A split urine sample shall be collected in all cases of drug testing for an analysis in the event of a chain of custody procedure for both sample collection and testing that will insure the integrity of the identity of each sample and positive test result;. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines. (cD) 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 The standard ten (10) panel drug screen shall be set aside reserved for later testing if requested used by the officer;testing laboratory. (dE) Collect samples in such a manner as to insure high degree of security for the sample and its freedom from adulteration; (e) Confirm Metro Government’s drug testing lab will confirm any urine sample that tests positive in the initial screening for drugs by testing the second a portion of the same sample by gas chromatography chromatography/mass spectrometry (GCMSGC/MS). All positive confirmed samples and related paperwork must be retained by the testing lab for at least twelve (12) months (provided written notice is given the lab by Metro Government before the expiration of the 12-month period) or an equivalent for the duration of any grievance, disciplinary action or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites;legal proceeding, whichever is longer. (fF) Provide the officer tested Metro Government will provide Members who test positive for drugs with an opportunity to have the additional sample split urine specimen tested by a clinical laboratory or hospital facility of at the officerMember’s own choosingexpense, at the officer’s own expense provided the officer Member notifies the Employer Metro Government within seventy-two (72) hours of receiving the positive results of the tests; (g) Require and provided further that the laboratory or hospital facility clinic and the testing procedure, including chain of custody, meets or exceeds the standards established in this Contract. (G) Metro Government will require that its drug testing lab report to the Employer that a blood or urine sample specimen is positive only if both the initial screening and confirmation test are positive for a particular drugpositive. The parties agree that should any information concerning such testing or the Drug test results thereof shall be obtained evaluated by the Employer inconsistent with Medical Review Physician in a manner to ensure that a Member’s legal drug use and diet are properly taken into account when evaluating 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 test results. For the purpose of determining whether the officer is under the influence of alcoholthis Policy, a positive drug test results means the presence of drugs and/or their metabolites in a Member that show an alcohol concentration of .04 is equal or more based upon exceeds 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 precluded from demonstrating the officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of proof levels set forth in such cases;this Policy. (iH) Provide each officer Member tested with a copy of all information and reports received by the Employer Metro Government in connection with the testing and the results;. (jI) Insure Testing Procedures Initial Test Level (ng/ml)1 1. Marijuana metabolites 50 2. Cocaine metabolites 300 3. Opiate metabolites 20002 4. Phencyclclidine 25 5. Amphetamines 1,000 All specimens identified as positive on the initial test shall be confirmed using GC/MS techniques at the cutoff values listed in this paragraph for each drug. All confirmations shall be by quantitative analysis. Concentrations that no officer is exceed the subject linear region of any adverse employment action except temporary reassignment the standard curve shall be documented in the laboratory record as “greater than highest standard curve value.” 1. Marijuana metabolites3 15 2. Cocaine metabolites4 150 3. Opiate metabolites Morphine 2,000 Codeine 2,000 4. Phencyclclidine 25 5. Amphetamines Amphetamine 500 Methamphetamine 500 Prior to test results being provided to the Department or relief from duty during the pendency Member, the MRO will compare said test results with the list of any testing procedureprescriptions and over-the-counter medications provided by the Member pursuant to these procedures.

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 a 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 officer‟s own choosing, at the officer’s officer‟s own expense provided the officer notifies the Employer within seventy-two (72) hours of receiving the results of the tests; (gf) 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 officer‟s interests; (hg) Require that with regard to alcohol testing, for the purpose of determining whether the officer is under the influence of alcohol, alcohol test results that show an alcohol concentration of .04 .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positivepositive and conclusive evidence that the employee is under the influence. 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, .04 the officer shall be conclusively presumed not to be under the influence of alcohol. If the test is less than .04, the Employer shall not be precluded from demonstrating the officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of proof in such cases;. (ih) Provide each officer tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (ji) Insure that no officer is the subject of any adverse employment action except temporary reassignment or relief from duty during the pendency of any testing procedure.

Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer Village 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 the sample collection and testing that will insure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (c) Collect a sufficient sample of the same body bodily fluid or materials material from an officer employee to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside reserved for later testing if requested by the officeremployee; (d) Collect samples in such a manner as to preserve the individual employee's right to privacy, insure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a “clean room” for submitting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure; (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 employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officer’s employee's own choosing, at the officer’s employee's own expense expense, provided the officer employee 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 testing, or the results thereof be obtained by the Employer inconsistent with the understandings expressed hereinherein (e.g., xxxxxxxx for testing that reveal the nature or number of test administered), the Employer will not use such information in any manner or form forum adverse to the officer’s employee's interests; (h) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee is in violation of Section 12.2, under the influence of alcohol, test results that show showing an alcohol concentration level at or above the standards applicable to over-the-road drivers pursuant to the then applicable Illinois Department of .04 or more based upon the grams of alcohol per 100 milliliters of blood Transportation (IDOT) regulations will be considered positive. If a positive 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 precluded from demonstrating the officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of proof in such casesresults; (i) Provide each officer employee tested with a copy of all information and reports received by the Employer Village in connection with the testing and the results; (j) Insure that no officer employee is the subject of any adverse employment action except emergency temporary reassignment or relief from duty with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer Village shall: (a) Use only a clinical laboratory or hospital facility that which is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited certified by the National Institute State of Drug Abuse (NIDA);Illinois to perform drug and/or alcohol testing, or use a licensed breathalyzer operator who is not a member of the bargaining unit. (b) Establish a chain of custody procedure for both the sample collection and testing that will insure ensure the integrity of the identity of each sample and test result;. (c) Collect If a sufficient sample of the same body fluid blood, urine, or materials hair test is collected from an officer to allow for initial screeningscreening or confirmatory test, a confirmatory test and then a sufficient amount of a second sample of the same bodily fluid or material shall be collected to be set aside and reserved for later testing if requested by the officer;. (d) Collect samples in such a manner as to insure preserve the individual officer's right to privacy while insuring a high degree of security for the sample samples and its freedom from adulteration;. Officers shall not be witnessed by anyone while submitting samples except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable suspicion that the officer may attempt to compromise the accuracy of the testing procedure. (e) Confirm any blood, urine, or other sample that tests test positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography Chromatography/mass spectrometry (GCMSGC/NIS) or an equivalent or better scientifically accurate and accepted accepted, method that provides provided quantitative data about the detected drug or drug metabolites;. (f) Provide the officer tested with an opportunity to have the additional sample blood, urine, or other samples tested by a clinical laboratory or hospital facility of the officer’s own 's choosing, at the officer’s 's own expense expenses; provided the officer notifies the Employer Village within seventy-two (72) hours of receiving the results of the tests;test. (g) Require that the laboratory or hospital facility report to the Employer Village that a blood blood, urine, or urine other sample is positive only if both the initial screening and confirmation test are positive for a particular drugpositive. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer Village inconsistent with the understandings expressed hereinherein (e.g., xxxxxxxx for testing that reveal the nature or number of tests administered), the Employer Village will not use such information in any manner or form adverse to the officer’s '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 showing an alcohol concentration of .04 0.02 or more based upon the grams of alcohol per 100 milliliters millimeters 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 positive (NOTE: The foregoing standard shall not be precluded preclude the Village from demonstrating attempting to show that test results between .000 and .019 demonstrate that the officer was under the influence, however, no presumption will be attached to said results and but the Employer Village shall bear the burden of proof in such cases;). (i) Provide each officer tested with a copy of all information and reports received by the Employer Village in connection with the testing and the results;. (j) Insure that no officer is the subject of any adverse employment action except emergency temporary reassignment or relief from of duty during the pendency of any testing procedure.

Test to be Conducted. In conducting the testing authorized by this Agreementagreement, the Employer District shall: (a) A. Use only a clinical laboratory or hospital facility that facility, which is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited certified by the National Institute State of Drug Abuse (NIDA);Illinois to perform drug and/or alcohol testing. The District will endeavor to have nonscheduled tests conducted at a facility other than an emergency room at which the District regularly transports patients. (b) B. Establish a chain of custody procedure for both the sample collection and testing that will insure ensure the integrity of the identity of each sample and test result;. (c) C. Collect a sufficient sample of the same body bodily fluid or materials material from an officer a member to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside and reserved for later testing if requested by the officer;member. (d) D. Collect samples in such a manner as to insure preserve the individual member’s right to privacy while insuring a high degree of security for the sample and its freedom from adulteration;. (e) 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 chromatography/mass spectrometry (GCMSGC/MS) or an equivalent or better more scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites;. (f) F. Provide the officer member tested with an opportunity to have the an additional sample tested by a clinical laboratory or hospital facility of the officermember’s own choosing, at the officermember’s own expense expense; provided the officer member notifies the Employer District within seventy-two (72) 72 hours of receiving the results of the tests;test. (g) G. Require that the laboratory or hospital facility report to the Employer District that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for alcohol or 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) H. Require that with regard to alcohol testing, cannabis testing blood test results performed by a qualified laboratory will be used to screen for the purpose psychoactive effects of determining whether cannabis use. A Medical Review Officer (MRO) shall be chosen and agreed upon between the officer is under Union and the influence District and must be a licensed physician with knowledge of alcoholsubstance abuse disorders. The MRO shall be familiar with the characteristics of testing sensitivity, 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 .04specificity, and predictive value, the officer shall be presumed to be laboratories running the tests and the medical conditions and work exposures of the members. A positive test for cannabis only detects the presence of cannabis in the blood; it does not under the influence of alcoholtest for impairment. If the test is greater than .10member tests positive for cannabis, the officer shall be conclusively presumed to be under MRO will determine, based on current scientific data and other evidence, if the influence cannabis more than likely caused the behavior or impairment that resulted in the administration of alcoholthe drug or alcohol test. If the test is less than .04MRO determines cannabis was not the probable cause of the behavior or impairment that resulted in the administration of the substance test, the Employer shall MRO will not be precluded from demonstrating release any results of the officer was under cannabis portion of the influence, however, no presumption drug test to the District. No action will be attached to said results taken against a member for using any form of cannabis unless the MRO draws a direct correlation between the behavior and the Employer shall bear the burden of proof in such cases;cannabis use. (i) I. Provide each officer member tested with a copy of all information and reports received by the Employer District in connection with the testing and results. The Union shall also receive copies of those documents, but only if the results;member consents in writing to the release of the information and reports. (j) J. Insure that no officer member is the subject of any adverse employment action action, except emergency temporary reassignment or relief from duty of duty, during the pendency of any testing procedure.

Test to be Conducted. In conducting the drug testing authorized by this Agreement, the Employer County shall: (a) Use only a clinical laboratory or hospital facility that which is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited certified by the National Institute State of Drug Abuse (NIDA);New York to perform drug testing. (b) Establish a chain of custody procedure for both the sample collection and testing that will insure ensure the integrity of the identity of each sample and test result;. (c) Collect a sufficient sample of the same body bodily fluid or materials material from an officer employee to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside reserved for later testing if requested by the officer;employee. (d) Collect samples in such a manner as to insure preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration;. Employees shall not be witnessed by anyone while submitting a sample except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is a reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. (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 chromatography/mass spectrometry (GCMSGS/MS) 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 employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officer’s own employee's choosing, at the officer’s employee's own expense expense, provided the officer employee notifies the Employer County within seventy-two (72) hours of receiving the results of the tests;test. (g) Require that the laboratory or hospital facility report to the Employer County 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 County inconsistent with the understandings expressed hereintherein (e.g., xxxxxxxx for testing that reveal the nature or number of tests administered), the Employer County will not use such information in any manner or form adverse to the officer’s interests;employee's interest. (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 precluded from demonstrating the officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of proof in such cases; (i) Provide each officer tested 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 Employer County in connection with the testing and the results;. (ji) Insure that no officer employee is the subject of any adverse employment action except emergency temporary reassignment or relief from of duty during the pendency of any testing procedure.

Test to be Conducted. In conducting the testing authorized by this the Agreement, the Employer shall: (a) Use 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 been accredited by the National Institute of Drug Substance Abuse and Mental Health (NIDASAMH); b. use as the initial screening Eminase (bIA) Establish step a rapid semi-quantitative chemical test which uses a specific antibody to react with the drug of metabolite of interest. The confirmation assay used in the drug analysis procedure shall be Gas Chromatography/Mass Spectrometry (GC/MS), or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; c. establish a chain of custody procedure for both sample collection and testing that will insure ensure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (c) Collect d. collect a sufficient sample of the same body bodily fluid or materials from material for the purpose of drug testing of an officer employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested required by the officeremployee. This will not apply to alcohol testing as this will be done on a Breathalyzer; (d) Collect e. collect samples in such a manner as to preserve the employee’s right to privacy and to insure a high degree of security scrutiny for the sample and its freedom from adulteration; (e) Confirm ; 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 f. provide the officer employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility accredited by Substance Abuse and Mental Health (SAMH) of the officeremployee’s own choosing, choosing and at the officeremployee’s own expense within forty-eight(48) hours of the confirmed test results, provided the officer employee notifies the Employer in writing within seventytwenty-two four (7224) hours of receiving the results of the teststest; (g) Require 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 tests are positive for a particular drugdrug or alcohol. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed hereinherein (i.e., xxxxxxxx for testing that reveal the nature or number of tests administered), the Employer will not use such information in any manner or form forum adverse to the officeremployee’s interests; (h) Require h. require that with regard to alcohol testing, for the purpose of determining whether the officer employee 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 positive and such tests to be not under performed on an Intoximeter RBT4 or whatever equivalent machine is deemed necessary at the influence of alcohol. If time by 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 precluded from demonstrating the officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of proof in such casesclinical laboratory or hospital facility; (i) Provide i. provides each officer employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (j) Insure j. ensures that no officer employee is the subject of any adverse employment action except temporary reassignment or relief from duty with pay during the pendency of any testing procedure. Any such temporary reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

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 mutually agreed upon by the National Institute of Drug Abuse (NIDA)Employer and the Union; (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. Collection shall only be done by properly licensed organizations or individuals who are not employees of the County of XxXxxxx, and shall be conducted off-site. Breathalyzer testing shall be conducted so as not to embarrass the employee; (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; (gf) 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; (hg) 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 .041 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive. positive and conclusive evidence that the employee is under the influence.. 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 Alcohol testing shall only be conducted through the test is greater than .10, the officer shall be conclusively presumed to be under the influence use of alcohol. If the test is less than .04, the Employer shall not be precluded from demonstrating the officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of proof in such cases;a breathalyzer. (ih) Provide each officer tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (ji) Insure that no officer is the subject of any adverse employment action except temporary reassignment or relief from duty during the pendency of any testing procedure. (j) Notify the employee of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officr who has offered to discuss the results with the employee.

Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer Village shall: (a) Use only a clinical laboratory or hospital facility that which is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited certified by the National Institute State of Drug Abuse (NIDA);Illinois to perform drug and/or alcohol testing. (b) Establish a chain of custody procedure for both the sample collection and testing that will insure I ensure the integrity of the identity of each sample and test result;. (c) Collect a sufficient sample of the same body bodily fluid or materials material from an officer to allow for an initial screening, a confirmatory test 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 preserve the individual officer's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration;. Officers submitting a sample shall be observed by a member of the same sex to be designated by a supervisory officer. (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 chromatography/mass spectrometry (GCMSGC/MS) or an any 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 's own expense expense; provided the officer notifies the Employer Village within seventy-two (72) hours of receiving the results of the tests;test. (g) Require that the laboratory or hospital facility report to the Employer Village that a the blood or urine sample is positive only if both the initial screening and confirmation test are positive for on a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer Village inconsistent with the understandings expressed hereinherein (e.g., xxxxxxxx for testing that reveal the nature or number of tests administered), the Employer Village will not use such information in any manner or form adverse to the officer’s 's interests;. (h) Provide each officer tested with a copy of all information and reports received by the Village in connection with the testing and the results. i) Require that with regard to alcohol testing, for the purpose of determining whether the officer sergeant is under the influence of alcohol, test results that show showing an alcohol concentration of .04 .021 or more based upon the grams of alcohol per pet 100 milliliters millimeters 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 precluded from demonstrating the officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of proof in such cases; (i) Provide each officer tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (j) Insure that no officer is the subject of any adverse employment action except temporary reassignment or relief from duty during the pendency of any testing procedure.

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 employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the officeremployee; (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 employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officer’s employee's own choosing, at the officer’s employee's own expense provided the officer employee 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 employee's interests; (h) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee 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 employee shall be presumed to be not under the influence of alcohol. If the test is greater than .10.10 or greater, the officer employee shall be conclusively presumed to be under the influence of alcohol. If the test is less than .04, the Employer shall not be precluded from demonstrating the officer employee was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of proof in such cases; (i) Provide each officer employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (j) Insure that no officer employee is the subject of any adverse employment action except temporary reassignment or relief from duty during the pendency of any testing procedure.

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 mutually agreed upon by the National Institute of Drug Abuse (NIDA);Employer and the Union. (b) Establish a chain of custody procedure for both sample collection and testing that will insure ensure 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 ensure a high degree of security for the sample and its freedom from adulteration;. Collection shall only be done by properly licensed organizations or individuals who are not Employees of the County of XxXxxxx, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employee. (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 's own choosing, at the officer’s 's own expense provided the officer notifies the Employer within seventy-two (72) hours of receiving the results of the tests; (gf) 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 's interests; (hg) Require that with regard to alcohol testing, for the purpose of determining whether the officer is under the influence of alcohol, alcohol test results that show an alcohol concentration of .04 .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positivepositive and conclusive evidence that the Employee is under the influence. 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, .04 the officer shall be conclusively presumed not to be under the influence of alcohol. If Alcohol testing shall only be conducted through the test is less than .04, the Employer shall not be precluded from demonstrating the officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden use of proof in such cases;a breathalyzer. (ih) Provide each officer tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (ji) Insure Ensure that no officer is the subject of any adverse employment action except temporary reassignment or relief from duty during the pendency of any testing procedure. j) Notify the Employee of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered to discuss the results with the Employee.

Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer Village shall: (aA) Use only a clinical laboratory or hospital facility that which is licensed pursuant to certified by the State of Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute Department of Drug Abuse Health and Human Services (NIDA);“DHHS”) to perform drug and/or alcohol testing. (bB) Establish a chain of custody procedure for both the sample collection and testing that will insure ensure the integrity of the identity of each sample and test result;. (cC) Collect a sufficient sample of the same body bodily fluid or materials material from an officer employee to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside reserved for later testing if requested by the officer;employee. (dD) Collect samples in such a manner as to insure preserve the individual employees right to privacy while ensuring a high degree of security for the sample and its freedom from adulteration;. Employees shall not be witnessed by anyone while submitting a sample except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. (eE) Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography chromatography/mass spectrometry (GCMSGC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites;. (fF) Provide the officer employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officeremployee’s choosing at the employee’s own choosing, at the officer’s own expense expense; provided the officer employee notifies the Employer Village within seventy-seventy- two (72) hours of receiving the results of the tests;test and provided further that the laboratory or clinic and the testing procedure including chain of custody, meets or exceeds the standards established in this Agreement. (gG) Require that the laboratory or hospital facility report to the Employer Village that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. For purposes of this Article, a positive drug test result means the presence of an amount of proscribed or prescribed drugs and/or their metabolites in an employee that equals or exceeds the levels set forth in Section 17.6. below. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer Village inconsistent with the understandings expressed hereinherein (e.g., xxxxxxxx for testing that reveal the nature or number of tests administered), the Employer Village will not use such information in any manner or form adverse to the officeremployee’s interests;. (hH) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence of alcohol, test results that show showing an alcohol concentration of .04 .060 percent or more based upon the grams of alcohol per 100 milliliters millimeters of blood shall be considered positive. If a test is greater than 0.0 but less than .04, (Note: 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 foregoing standard shall not preclude the Village from attempting to show that test results between.03 and.06 demonstrate that the employee was or would be precluded from demonstrating unable to properly perform his or her job duties, but the officer was under the influence, however, no presumption will be attached to said results and the Employer Village shall bear the burden of proof in such cases;.) (iI) Provide each officer employee tested with a copy of all information and reports received by the Employer Village in connection with the testing and the results;. (jJ) Insure Ensure that no officer employee is the subject of any adverse employment action because of the test except emergency temporary reassignment or relief from of duty during the pendency of any testing procedure.

Test to be Conducted. ‌ In conducting the testing authorized by this Agreement, the Employer Village shall: (a) Use only a clinical laboratory or hospital facility that which is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited certified by the National Institute State of Drug Abuse (NIDA);Illinois to perform drug and/or alcohol testing. (b) Establish a chain of custody procedure for both the sample collection and testing that will insure ensure the integrity of the identity of each sample and test result;. (c) Collect a sufficient sample of the same body bodily fluid or materials material from an officer to allow for an initial screening, a confirmatory test 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 preserve the individual officer’s right to privacy while insuring a high degree of security for the sample and its freedom from adulteration;. Officers submitting a sample shall be observed by a member of the same sex to be designated by a supervisory officer. (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 chromatography/mass spectrometry (GCMSGC/MS) or an any 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 expense; provided the officer notifies the Employer Village within seventy-two (72) hours of receiving the results of the tests;test. (g) Require that the laboratory or hospital facility report to the Employer Village that a the blood or urine sample is positive only if both the initial screening and confirmation test are positive for on a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer Village inconsistent with the understandings expressed hereinherein (e.g., xxxxxxxx for testing that reveal the nature or number of tests administered), the Employer Village will not use such information in any manner or form adverse to the officer’s interests;. (h) Provide each officer tested with a copy of all information and reports received by the Village in connection with the testing and the results. (i) 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 showing an alcohol concentration of .04 .021 or more based upon the grams of alcohol per 100 milliliters millimeters 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 precluded from demonstrating the officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of proof in such cases; (i) Provide each officer tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (j) Insure that no officer is the subject of any adverse employment action except temporary reassignment or relief from duty during the pendency of any testing procedure.

Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer District shall: (aA) Use only a clinical laboratory or hospital facility that which is licensed pursuant certified by the State of Illinois to the Illinois Clinical Laboratory Act perform drug and/or alcohol testing and that has or is capable of being been accredited by the National Institute of Drug Substance Abuse and Mental Health Services Administration (NIDASAMHSA);. (bB) Establish a chain of custody procedure for both the sample collection and testing that will insure ensure the integrity of the identity of each sample and test result;. (cC) Collect a sufficient sample of the same body fluid sample of blood or materials urine or a similarly reliable material from an officer the employee 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;employee under Paragraph 6 below. Note that cannabis testing shall be conducted by blood test only. (dD) Collect samples sample in such a manner as to insure preserve the individual employee’s right to privacy while insuring a high degree of security for the sample and its freedom from adulteration;. Employees shall not be witnessed by anyone while submitting a sample except in circumstances where the laboratory or facility does not have a “clean room” for submitted samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. (eE) Confirm any sample that tests positive in accordance with SAMHSA standards in effect at the time of the testing in initial screening for drugs by testing the second portion of the same sample by gas chromatography chromatography/mass spectrometry (GCMSGC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites;. (fF) Provide the officer employee tested with an opportunity to have the additional sample tested by a State of Illinois and SAMHSA certified clinical laboratory or hospital facility of the officeremployee’s own choosing, at the officeremployee’s own expense expense, provided the officer employee notifies the Employer District of the desire to do so within seventy-two (72) hours of receiving the results notification of the tests;positive test results. (gG) Require that the laboratory or hospital facility report to the Employer District that a blood or urine sample or similarly reliable material is positive only if both the initial screening and confirmation test tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained Prescription medications which are validated by the Employer inconsistent District’s Physician will be reported as a negative, but will include any Safety Sensitive determinations made by the physician. In these cases, a validated medication which compromises the Safety Sensitive nature of our work will be handled in a manner consistent with a positive test result and will also require the understandings expressed hereinPhysician to determine the employee’s ability to work and /or return to work while using this medication. Likewise, the Employer any prescription medication which shows up and cannot / is not validated will not use such information in any manner or form adverse to the officer’s interests;be treated as a positive test result. (hH) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence of alcohol, test results that show showing an alcohol concentration of .04 .02 or more based upon the grams of alcohol per 100 milliliters millimeters of blood or urine be considered positive. If a test is greater than 0.0 but , and results showing an alcohol concentration of .0199 or less than .04, the officer shall be presumed considered negative. (Note: the foregoing standard shall not preclude the District from attempting to be not show that test results below .02 demonstrate that the employee was 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 precluded from demonstrating the officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of proof in such cases;or impaired). (iI) Provide each officer employee tested with a copy of all information and reports received by the Employer District in connection with the testing and the results;. (jJ) Insure Ensure that no officer employee is the subject of any adverse employment action action, except emergency temporary reassignment or relief from duty of duty, during the pendency of any testing procedure. (K) When testing is ordered, the employee may be removed from duty and placed on leave with pay pending the receipt of results unless there is independent reason to remove the employee from duty without pay.

Test to be Conducted. In conducting the drug testing authorized by this Agreement, the Employer County shall: (a) Use only a clinical laboratory or hospital facility that which is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited certified by the National Institute State of Drug Abuse (NIDA);New York to perform drug testing. (b) Establish a chain of custody procedure for both the sample collection and testing that will insure ensure the integrity of the identity of each sample and test result;. (c) Collect a sufficient sample of the same body bodily fluid or materials material from an officer employee to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside reserved for later testing if requested by the officer;employee. (d) Collect samples in such a manner as to insure preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration;. Employees shall not be witnessed by anyone while submitting a sample except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is a reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. (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 chromatography/mass spectrometry (GCMSGS/MS) 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 employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officer’s own employee's choosing, at the officer’s employee's own expense expense, provided the officer employee notifies the Employer County within seventy-two (72) hours of receiving the results of the tests;test. (g) Require that the laboratory or hospital facility report to the Employer County 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 County inconsistent with the understandings expressed hereintherein (e.g., xxxxxxxx for testing that reveal the nature or number of tests administered), the Employer County will not use such information in any manner or form adverse to the officer’s interests;employee's interest. (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 precluded from demonstrating the officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of proof in such cases; (i) Provide each officer tested employee tested, and, with the employee's approval, the Genesee County Deputy Sheriff's Association, a copy of all information and reports generated and/or received by the Employer County in connection with the testing and the results;. (ji) Insure that no officer employee is the subject of any adverse employment action except emergency temporary reassignment or relief from of duty during the pendency of any testing procedure.