Common use of Test to be Conducted Clause in Contracts

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 blood specimen tested by a clinical laboratory or hospital facility of the employee's choosing, at the employee's own expense, providing the employee notifies the City within seventy-two (72) hours of receiving the positive results and provided further that the laboratory or clinic and the testing procedure, including chain of custody, meets or exceeds the standards established in this Appendix. If the drug/alcohol test from the laboratory chosen by the employee is negative, the city will fully reimburse the member for the cost of the second drug/alcohol test. h) The City will require that its drug testing lab and breath testing facility report that a specimen is positive only if both the initial screening and confirmation test are positive. Drug test results shall be evaluated by the Medical Review Physician in a manner to ensure that an employee's legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this Appendix, a positive drug test result means the presence of drugs and/or their metabolites in an employee that equals or exceeds the levels set forth in Section 7 below. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of tests administered), the City will not use such information in any manner or form adverse to the employee's interests. i) With regard to alcohol testing, the vendor contracted by the City shall assure that only federally certified individuals using certified equipment shall conduct initial tests. An initial positive alcohol level of .04 grams per 210L of breath shall be considered positive for purposes of authorizing the conduct of the confirming alcohol test. If initial screen results are negative, i.e., below the positive level, testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's personnel file. Only employees with screen test results that are positive on the initial screen shall be subject to confirmation testing for alcohol. With respect to confirmation testing, a positive alcohol level shall be .04 grams per 100 ml of blood. If confirmatory testing results are negative, i.e., below the positive level, all records of the testing shall be expunged from the employee's personnel file. j) Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results.

Test to be Conducted. In conducting the testing authorized by this Contract, the City shall comply with the following: a(A) The lab performing drug tests shall be federally certified to do drug testingtesting and agreed to by the Union and the City. The facility collecting and testing breath specimens shall hold all legally necessary licenses and be agreed to by the Union. b(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 waybroken, any positive the MRO will invalidate the test shall be invalid and may the results will not be used for any purposereported to the City. c(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 herein40.67. d(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(E) Employees have the right for a Union representative to be present during the collection of samples (and any pre- 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 minutes (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. fF) The City's drug testing lab will confirm any urine sample that tests positive in initial screening for drugs by confirmatory testing a portion of approved by the same sample by gas chromatography/mass spectrometry Substance Abuse and Mental Health Services Administration (GC/MS)SAMHSA) and/or certified laboratory standards. 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 12)-month period) for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. g(G) The City will provide employees who test positive for alcohol or drugs with an opportunity to have the split urine or blood specimen tested verified by a clinical an HHS- certified laboratory or hospital facility of the employee's choosing, at the employee's own expense, providing the employee notifies the City within seventy-two (72) hours of receiving the positive results and provided further that the laboratory or clinic and the testing procedure, including chain of custody, meets or exceeds the standards established in this Appendix. If the drug/alcohol test from the laboratory chosen by the employee is negative, the city will fully reimburse the member for the cost of the second drug/alcohol testContract. h(H) The City will require that its drug testing lab and breath testing facility report that a specimen is positive only if both the initial screening and confirmation test are positive. Drug test results shall be evaluated by the Medical Review Physician Officer in a manner to ensure that an employee's legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this AppendixArticle, a positive drug test result means the presence of drugs and/or their metabolites in an employee a specimen that equals or exceeds the levels set forth as determined in Section 7 belowthe HHS guidelines. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of tests administered), the City will not use such information in any manner or form adverse to the employee's interests. i(I) With regard to alcohol testing, the vendor contracted by the City shall assure that only federally certified individuals using certified equipment shall conduct initial tests. An initial positive alcohol level of .04 .02 grams per 210L 210L. of breath and above shall be considered positive for purposes of authorizing the conduct of the confirming alcohol test. If initial screen results are negative, i.e., below the positive level, .02 grams per 210L. testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's personnel file. Only employees with screen test results that are positive .02 grams per 210L. or above on the initial screen shall be subject to confirmation testing for alcohol. With respect to confirmation testing, a positive alcohol level shall be .04 grams per 100 ml of blood. If confirmatory testing results are negative, i.e., below the positive level, all records of the testing shall be expunged from the employee's personnel file.With j(J) Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the resultsresults (provided the employee first pays the City's copying costs and the material is not privileged). (K) Ensure that no employee is the subject of any adverse employment action because of the test except emergency temporary assignments or relief of duty during the pendency of any testing procedure.

Test to be Conducted. In conducting the testing authorized by this Contract, the City shall comply with the following: a(A) The lab performing drug tests shall be federally certified to do drug testingtesting and agreed to by the Union and the City. The facility collecting and testing breath specimens shall hold all legally necessary licenses and be agreed to by the Union. b(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 waybroken, any positive the MRO will invalidate the test shall be invalid and may the results will not be used for any purposereported to the City. c(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 herein40.67. d(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(E) Employees have the right for a Union representative to be present during the collection of samples (and any pre- 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(F) The City's drug testing lab will confirm any urine sample that tests positive in initial screening for drugs by confirmatory testing a portion of approved by the same sample by gas chromatography/mass spectrometry Substance Abuse and Mental Health Services Administration (GC/MS)SAMHSA) and/or certified laboratory standards. 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 12)-month period) for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. g(G) The City will provide employees who test positive for alcohol or drugs with an opportunity to have the split urine or blood specimen tested verified by a clinical an HHS- certified laboratory or hospital facility of the employee's choosing, at the employee's own expense, providing the employee notifies the City within seventy-two (72) hours of receiving the positive results and provided further that the laboratory or clinic and the testing procedure, including chain of custody, meets or exceeds the standards established in this Appendix. If the drug/alcohol test from the laboratory chosen by the employee is negative, the city will fully reimburse the member for the cost of the second drug/alcohol testContract. h(H) The City will require that its drug testing lab and breath testing facility report that a specimen is positive only if both the initial screening and confirmation test are positive. Drug test results shall be evaluated by the Medical Review Physician Officer in a manner to ensure that an employee's legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this AppendixArticle, a positive drug test result means the presence of drugs and/or their metabolites in an employee a specimen that equals or exceeds the levels set forth as determined in Section 7 belowthe HHS guidelines. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein obtained (e.g., xxxxxxxx for testing that reveal the nature or number of tests administered), the City will not use such information in any manner or form adverse to the employee's interests. iI) With regard to alcohol testing, the vendor contracted by the City shall assure that only federally certified individuals using certified equipment shall conduct initial tests. An initial positive alcohol level of .04 .02 grams per 210L 210L. of breath and above shall be considered positive for purposes of authorizing the conduct of the confirming alcohol test. If initial screen results are negative, i.e., below the positive level, .02 grams per 210L. testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's personnel file. Only employees with screen test results that are positive .02 grams per 210L. or above on the initial screen shall be subject to confirmation testing for alcohol. With respect to confirmation testing, a positive alcohol level shall be .04 grams per 100 ml of bloodblood and above. If confirmatory testing results are negative, i.e., below the positive level.02 grams per 210L., all records of the testing shall be expunged from the employee's personnel file. An employee who reports to work or working with an alcohol level of .02 - .039 grams per 210L or above, shall be sent home for the remainder of the shift and must use earned leave (i.e. vacation, sick leave or comp time) to account for the missing work time. Employees without sufficient leave will be granted leave without pay for the remainder of the shift and not be subject to discipline for such leave. j(J) Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the resultsresults (provided the employee first pays the City's copying costs and the material is not privileged). (K) Ensure that no employee is the subject of any adverse employment action because of the test except emergency temporary assignments or relief of duty during the pendency of any testing procedure.

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 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 blood specimen tested by a clinical laboratory or hospital facility of the employee's choosing, at the employee's own expense, providing the employee notifies the City within seventy-two (72) hours of receiving the positive results and provided further that the laboratory or clinic and the testing procedure, including chain of custody, meets or exceeds the standards established in this Appendix. If the drug/alcohol test from the laboratory chosen by the employee is negative, the city will fully reimburse the member for the cost of the second drug/alcohol test. h) The City will require that its drug testing lab and breath testing facility report that a specimen is positive only if both the initial screening and confirmation test are positive. Drug test results shall be evaluated by the Medical Review Physician in a manner to ensure that an employee's legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this Appendix, a positive drug test result means the presence of drugs and/or their metabolites in an employee that equals or exceeds the levels set forth in Section 7 below. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of tests administered), the City will not use such information in any manner or form adverse to the employee's interests. i) With regard to alcohol testing, the vendor contracted by the City shall assure that only federally certified individuals using certified equipment shall conduct initial tests. An initial positive alcohol level of .04 grams per 210L of breath shall be considered positive for purposes of authorizing the conduct of the confirming alcohol test. If initial screen results are negative, i.e., below the positive level, testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's personnel file. Only employees with screen test results that are positive on the initial screen shall be subject to confirmation testing for alcohol. With respect to confirmation testing, a positive alcohol level shall be .04 grams per 100 ml of blood. If confirmatory testing results are negative, i.e., below the positive level, all records of the testing shall be expunged from the employee's personnel file. j) Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results.

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 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 blood specimen tested by a clinical laboratory or hospital facility of the employee's choosing, at the employee's own expense, providing the employee notifies the City within seventy-two (72) hours of receiving the positive results and provided further that the laboratory or clinic and the testing procedure, including chain of custody, meets or exceeds the standards established in this Appendix. If the drug/alcohol drug test from the laboratory chosen by the employee is negative, the city will fully reimburse the member for the cost of the second drug/alcohol test. h) The City will require that its drug testing lab and breath testing facility report that a specimen is positive only if both the initial screening and confirmation test are positive. Drug test results shall be evaluated by the Medical Review Physician in a manner to ensure that an employee's legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this Appendix, a positive drug test result means the presence of drugs and/or their metabolites in an employee that equals or exceeds the levels set forth in Section 7 below. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of tests administered), the City will not use such information in any manner or form adverse to the employee's interests. i) With regard to alcohol testing, the vendor contracted by the City shall assure that only federally certified individuals using certified equipment shall conduct initial tests. An initial positive alcohol level of .04 grams per 210L of breath shall be considered positive for purposes of authorizing the conduct of the confirming alcohol test. If initial screen results are negative, i.e., below the positive level, testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's personnel file. Only employees with screen test results that are positive on the initial screen shall be subject to confirmation testing for alcohol. With respect to confirmation testing, a second positive alcohol level shall be .04 grams per 100 ml 210L of bloodbreath. If confirmatory testing results are negative, i.e., below the positive level, all records of the testing shall be expunged from the employee's personnel file. j) Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results.

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 testingtesting and agreed to by the Union and the City. 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.the (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. 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- 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 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 blood specimen tested by a clinical laboratory or hospital facility of the employee's choosing, at the employee's own expense, providing the employee notifies the City within seventy-two (72) hours of receiving the positive results and provided further that the laboratory or clinic and the testing procedure, including chain of custody, meets or exceeds the standards established in this Appendix. If the drug/alcohol test from the laboratory chosen by the employee is negative, the city will fully reimburse the member for the cost of the second drug/alcohol testContract. (h) The City will require that its drug testing lab and breath testing facility report that a specimen is positive only if both the initial screening and confirmation test are positive. Drug test results shall be evaluated by the Medical Review Physician in a manner to ensure that an employee's legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this AppendixArticle, a positive drug test result means the presence of drugs and/or their metabolites in an employee that equals or exceeds the levels set forth in Section 7 32.7 below. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of tests administered), the City will not use such information in any manner or form adverse to the employee's interests. (i) With regard to alcohol testing, the vendor contracted by the City shall assure that only federally certified individuals using certified equipment shall conduct initial tests. An initial positive alcohol level of .04 grams per 210L 210L. of breath shall be considered positive for purposes of authorizing the conduct of the confirming alcohol test. If initial screen results are negative, i.e., below the positive level, testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's personnel file. Only employees with screen test results that are positive on the initial screen shall be subject to confirmation testing for alcohol. With respect to confirmation testing, a positive alcohol level shall be .04 grams per 100 ml of blood. If confirmatory testing results are negative, i.e., below the positive level, all records of the testing shall be expunged from the employee's personnel file. (j) Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the resultsresults (provided the employee first pays the City's copying costs and the material is not privileged). (k) Insure that no employee is the subject of any adverse employment action because of the test except emergency temporary assignments or relief of duty during the pendency of any testing procedure.

Test to be Conducted. In conducting the testing authorized by this Contract, the City shall comply with the following: a(A) The lab performing drug tests shall be federally certified to do drug testingtesting and agreed to by the Union and the City. The facility collecting and testing breath specimens shall hold all legally necessary licenses and be agreed to by the Union. b(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 waybroken, any positive the MRO will invalidate the test shall be invalid and may the results will not be used for any purposereported to the City. c(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 herein40.67. d(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(E) Employees have the right for a Union representative to be present during the collection of samples (and any pre- 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(F) The City's drug testing lab will confirm any urine sample that tests positive in initial screening for drugs by confirmatory testing a portion of approved by the same sample by gas chromatography/mass spectrometry Substance Abuse and Mental Health Services Administration (GC/MS)SAMHSA) and/or certified laboratory standards. 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 the (12)- month period) for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. gG) The City will provide employees who test positive for alcohol or drugs with an opportunity to have the split urine or blood specimen tested verified by a clinical an HHS- certified laboratory or hospital facility of the employee's choosing, at the employee's own expense, providing the employee notifies the City within seventy-two (72) hours of receiving the positive results and provided further that the laboratory or clinic and the testing procedure, including chain of custody, meets or exceeds the standards established in this Appendix. If the drug/alcohol test from the laboratory chosen by the employee is negative, the city will fully reimburse the member for the cost of the second drug/alcohol testContract. h(H) The City will require that its drug testing lab and breath testing facility report that a specimen is positive only if both the initial screening and confirmation test are positive. Drug test results shall be evaluated by the Medical Review Physician Officer in a manner to ensure that an employee's legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this AppendixArticle, a positive drug test result means the presence of drugs and/or their metabolites in an employee a specimen that equals or exceeds the levels set forth as determined in Section 7 belowthe HHS guidelines. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of tests administered), the City will not use such information in any manner or form adverse to the employee's interests. i(I) With regard to alcohol testing, the vendor contracted by the City shall assure that only federally certified individuals using certified equipment shall conduct initial tests. An initial positive alcohol level of .04 .02 grams per 210L 210L. of breath and above shall be considered positive for purposes of authorizing the conduct of the confirming alcohol test. If initial screen results are negative, i.e., below the positive level, .02 grams per 210L. testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's personnel file. Only employees with screen test results that are positive .02 grams per 210L. or above on the initial screen shall be subject to confirmation testing for alcohol. With respect to confirmation testing, a positive alcohol level shall be .04 grams per 100 ml of bloodblood and above. If confirmatory testing results are negative, i.e., below the positive level.02 grams per 210L., all records of the testing shall be expunged from the employee's personnel file. An employee who reports to work or working with an alcohol level of .02 - .039 grams per 210L or above, shall be sent home for the remainder of the shift and must use earned leave (i.e. vacation, sick leave or comp time) to account for the missing work time. Employees without sufficient leave will be granted leave without pay for the remainder of the shift and not be subject to discipline for such leave. j(J) Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the resultsresults (provided (K) Ensure that no employee is the subject of any adverse employment action because of the test except emergency temporary assignments or relief of duty during the pendency of any testing procedure.

Test to be Conducted. In conducting the testing authorized by this Contract, the City shall comply with the following: a(A) The lab performing drug tests shall be federally certified to do drug testingtesting and agreed to by the Union and the City. The facility collecting and testing breath specimens shall hold all legally necessary licenses and be agreed to by the Union.testing b(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 waybroken, any positive the MRO will invalidate the test shall be invalid and may the results will not be used for any purposereported to the City. c(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 herein40.67. d(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(E) Employees have the right for a Union representative to be present during the collection of samples (and any pre- 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(F) The City's drug testing lab will confirm any urine sample that tests positive in initial screening for drugs by confirmatory testing a portion of approved by the same sample by gas chromatography/mass spectrometry Substance Abuse and Mental Health Services Administration (GC/MS)SAMHSA) and/or certified laboratory standards. 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 12)-month period) for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. g(G) The City will provide employees who test positive for alcohol or drugs with an opportunity to have the split urine or blood specimen tested verified by a clinical an HHS- certified laboratory or hospital facility of the employee's choosing, at the employee's own expense, providing the employee notifies the City within seventy-two (72) hours of receiving the positive results and provided further that the laboratory or clinic and the testing procedure, including chain of custody, meets or exceeds the standards established in this Appendix. If the drug/alcohol test from the laboratory chosen by the employee is negative, the city will fully reimburse the member for the cost of the second drug/alcohol test.the h(H) The City will require that its drug testing lab and breath testing facility report that a specimen is positive only if both the initial screening and confirmation test are positive. Drug test results shall be evaluated by the Medical Review Physician Officer in a manner to ensure that an employee's legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this AppendixArticle, a positive drug test result means the presence of drugs and/or their metabolites in an employee a specimen that equals or exceeds the levels set forth as determined in Section 7 belowthe HHS guidelines. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of tests administered), the City will not use such information in any manner or form adverse to the employee's interests. i(I) With regard to alcohol testing, the vendor contracted by the City shall assure that only federally certified individuals using certified equipment shall conduct initial tests. An initial positive alcohol level of .04 .02 grams per 210L 210L. of breath and above shall be considered positive for purposes of authorizing the conduct of the confirming alcohol test. If initial screen results are negative, i.e., below the positive level, .02 grams per 210L. testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's personnel file. Only employees with screen test results that are positive .02 grams per 210L. or above on the initial screen shall be subject to confirmation testing for alcohol. With respect to confirmation testing, a positive alcohol level shall be .04 grams per 100 ml of bloodblood and above. If confirmatory testing results are negative, i.e., below the positive level.02 grams per 210L., all records of the testing shall be expunged from the employee's personnel file. An employee who reports to work or working with an alcohol level of .02 - .039 grams per 210L or above, shall be sent home for the remainder of the shift and must use earned leave (i.e. vacation, sick leave or comp time) to account for the missing work time. Employees without sufficient leave will be granted leave without pay for the remainder of the shift and not be subject to discipline for such leave. j(J) Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the resultsresults (provided the employee first pays the City's copying costs and the material is not privileged). (K) Ensure that no employee is the subject of any adverse employment action because of the test except emergency temporary assignments or relief of duty during the pendency of any testing procedure.