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 mutually agreed upon by the Employer and the Union. b) Establish a chain of custody procedure for both sample collection and testing that will 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 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; 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; f) 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; g) 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 .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered 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 conclusively presumed not to be under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzer. h) Provide each officer tested with a copy of all information and reports received by the Employer in connection with the testing and the results; i) 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.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

AutoNDA by SimpleDocs

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 mutually agreed upon licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the Employer and the Union.National Institute of Drug Abuse (NIDA); (b) Establish a chain of custody procedure for both sample collection and testing that will ensure 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 ensure a 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 ’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; f(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 ’s interests; g(h) 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 .041 .04 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive and conclusive evidence that the Employee is under the influencepositive. If a test is greater than 0.0 but less than .04 .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 not to be under the influence of alcohol. Alcohol testing If the test is less than .04, the Employer shall only not be conducted through precluded from demonstrating the use officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of a breathalyzer.proof in such cases; h(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; i(j) Ensure 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 officer who has offered to discuss the results with the Employee.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer shall: a) 1. Use only a clinical laboratory or hospital facility that is mutually agreed upon has been accredited by the Employer Substance Abuse and the UnionMental Health Services Administration (SAMHSA). b) 2. Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result;. c) 3. Collect a sufficient sample of the same body fluid sample of blood or materials urine 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. d) 4. Collect samples sample in such a manner as to ensure preserve the individual employee’s right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Collection Employees shall only not be done witnessed by properly licensed organizations anyone while submitting a urine sample except in circumstances where the laboratory or individuals who are facility does not Employees have a “clean room” for submitted samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the County of XxXxxxx, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employeeprocedure. e) 5. 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; . 6. Provide the officer employee tested with an opportunity to have the additional sample tested by a SAMHSA certified 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 Chief/Director or designee of the desire to do so within seventy-two (72) hours of receiving the results notification of the tests;positive test results. f) 7. Require that the laboratory or hospital facility report to the Employer Chief/Director or designee that a blood or urine sample is positive only if both the initial screening and confirmation test tests are positive for a particular drug. 8. 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; g) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence of alcohol alcohol, test results that show showing an alcohol concentration of .041 .02 or more based upon the grams of alcohol per 100 milliliters of blood shall greater be considered 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 conclusively presumed not to be under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzerpositive. h) 9. Provide each officer employee tested with a copy of all information and reports received by the Employer Chief/Director or designee in connection with the testing and the results;. i) 10. Ensure that no officer employee is the subject of any adverse employment action except emergency temporary reassignment or relief from of duty during pending the pendency results of any testing procedure. j) Notify 11. When testing is ordered, the Employee 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. In connection with its testing program, the Village shall engage the services of a Medical Review Officer (MRO). Employees who test positive shall have a reasonable opportunity to establish a legitimate medical explanation for, or otherwise rebut or explain, their test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered results, to discuss the results with satisfaction of the EmployeeVillage’s MRO.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer Village shall: a(A) Use only a clinical laboratory or hospital facility that which is mutually agreed upon certified by the Employer State of Illinois or is capable of being accredited by the Department of Health and the UnionHuman Services (“DHHS”) to perform drug and/or alcohol testing. b(B) Establish a chain of custody procedure for both the sample collection and testing that will 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 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(D) Collect samples in such a manner as to ensure preserve the individual employees right to privacy while ensuring a high degree of security for the sample and its freedom from adulteration. Collection Employees shall only not be done witnessed by properly licensed organizations anyone while submitting a sample except in circumstances where the laboratory or individuals who are facility does not Employees have a "clean room" for submitting samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the County of XxXxxxx, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employeeprocedure. 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 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 choosing, employee’s choosing at the officer's employee’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. f(G) 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 officer's employee’s interests;. g(H) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence of alcohol alcohol, test results that show showing an alcohol concentration of .041 .060 percent or more based upon the grams of alcohol per 100 milliliters millimeters of blood shall be considered positive and conclusive evidence positive. (Note: the foregoing standard shall not preclude the Village from attempting to show that test results between.03 and.06 demonstrate that the Employee is under employee was or would be unable to properly perform his or her job duties, but the influence. If a test is greater than 0.0 but less than .04 Village shall bear the officer shall be conclusively presumed not to be under the influence burden of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzerproof in such cases.) h(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;. i(J) 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. 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 mutually agreed upon licensed pursuant to the Illinois Clinical Laboratory Act that has been accredited by the Employer Substance Abuse and Mental Health (SAMH); b. use as the Union.initial screening Eminase (IA) 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; b) Establish c. establish a chain of custody procedure for both sample collection and testing that will 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 ensure preserve the employee’s right to privacy and to insure a high degree of security scrutiny 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 ; 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; 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 officer's employee’s own choosing, choosing and at the officer's employee’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; f) 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 officer's employee’s interests; g) Require h. require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence of alcohol alcohol, test results that show an alcohol concentration of .041 or more based upon the grams of alcohol per 100 milliliters of blood shall .04 be considered 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 conclusively presumed not such tests to be under performed on an Intoximeter RBT4 or whatever equivalent machine is deemed necessary at the influence of alcohol. Alcohol testing shall only be conducted through time by the use of a breathalyzer.clinical laboratory or hospital facility; h) 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; i) Ensure 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. 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 mutually agreed upon certified by the Employer and the UnionState of New York to perform drug testing. b) Establish a chain of custody procedure for both the sample collection and testing that will 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 ensure preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Collection Employees shall only not be done witnessed by properly licensed organizations anyone while submitting a sample except in circumstances where the laboratory or individuals who are facility does not Employees 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 County of XxXxxxx, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employeeprocedure. 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 officeremployee's own choosing, at the officeremployee'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. fg) 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 officeremployee's interests; g) 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 .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered 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 conclusively presumed not to be under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzerinterest. h) 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;. i) Ensure 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. 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.

Appears in 1 contract

Samples: Memorandum of Agreement (Moa)

Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer Village shall: a) 1. Use only a clinical laboratory or hospital facility that is mutually agreed upon has been accredited by the Employer Substance Abuse and the UnionMental Health Services Administration (SAMHSA). b) 2. Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result;. c) 3. Collect a sufficient sample of the same body fluid sample of blood or materials urine 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. d) 4. Collect samples sample in such a manner as to ensure preserve the individual employee’s right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Collection Employees shall only not be done witnessed by properly licensed organizations anyone while submitting a urine sample except in circumstances where the laboratory or individuals who are facility does not Employees have a “clean room” for submitted samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the County of XxXxxxx, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employeeprocedure. e) 5. 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; . 6. Provide the officer employee tested with an opportunity to have the additional sample tested by a SAMHSA certified 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 Chief/Director or designee of the desire to do so within seventy-two (72) hours of receiving the results notification of the tests;positive test results. f) 7. Require that the laboratory or hospital facility report to the Employer Chief/Director or designee that a blood or urine sample is positive only if both the initial screening and confirmation test tests are positive for a particular drug. 8. 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; g) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence of alcohol alcohol, test results that show showing an alcohol concentration of .041 or more based upon the grams of alcohol per 100 milliliters of blood above 0.02 shall be considered 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 conclusively presumed not to be under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzerpositive. h) 9. Provide each officer employee tested with a copy of all information and reports received by the Employer Chief/Director or designee in connection with the testing and the results;. i) 10. Ensure that no officer employee is the subject of any adverse employment action except emergency temporary reassignment or relief from of duty during pending the pendency results of any testing procedure. j) Notify 11. When testing is ordered, the Employee 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. In connection with its testing program, the Village shall engage the services of a Medical Review Officer (MRO). Employees who test positive shall have a reasonable opportunity to establish a legitimate medical explanation for, or otherwise rebut or explain, their test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered results, to discuss the results with satisfaction of the EmployeeVillage’s MRO.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 mutually agreed upon licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the Employer and the Union.National Institute of Drug Abuse (NIDA); b) Establish a chain of custody procedure for both sample collection and testing that will ensure 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 ensure insure 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; 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; f) 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; g) 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 .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive and conclusive evidence that the Employee employee is under the influence. If a test is greater than 0.0 but less than .04 the officer shall be conclusively presumed not to be under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzer. h) Provide each officer tested with a copy of all information and reports received by the Employer in connection with the testing and the results; i) Ensure 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 officer who has offered to discuss the results with the Employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 mutually agreed upon licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the Employer and the Union.National Institute of Drug Abuse (NIDA); (b) Establish a chain of custody procedure for both sample collection and testing that will ensure 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 ensure a 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 employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officeremployee's own choosing, at the officeremployee's own expense provided the officer employee notifies the Employer within seventy-two (72) hours of receiving the results of the tests; f(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 officeremployee's interests; g(h) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence of alcohol alcohol, test results that show an alcohol concentration of .041 .04 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive and conclusive evidence that the Employee is under the influencepositive. If a test is greater than 0.0 but less than .04 .04, the officer employee shall be presumed to be not under the influence of alcohol. If the test is .10 or greater, the employee shall be conclusively presumed not to be under the influence of alcohol. Alcohol testing If the test is less than .04, the Employer shall only not be conducted through precluded from demonstrating the use employee was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of a breathalyzer.proof in such cases; h(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; i(j) Ensure 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. 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 mutually agreed upon certified by the Employer and the UnionState of New York to perform drug testing. b) Establish a chain of custody procedure for both the sample collection and testing that will 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 ensure preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Collection Employees shall only not be done witnessed by properly licensed organizations anyone while submitting a sample except in circumstances where the laboratory or individuals who are facility does not Employees 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 County of XxXxxxx, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employeeprocedure. 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 officeremployee's own choosing, at the officeremployee'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. fg) 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 officeremployee's interests; g) 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 .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered 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 conclusively presumed not to be under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzerinterest. h) 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;. i) Ensure 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. 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

AutoNDA by SimpleDocs

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 mutually agreed upon certified by the Employer and State of Illinois to perform drug and/or alcohol testing, or use a licensed breathalyzer operator who is not a member of the Unionbargaining unit. (b) Establish a chain of custody procedure for both the sample collection and testing that will 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 ensure preserve the individual officer's right to privacy while insuring a high degree of security for the sample samples and its freedom from adulteration. Collection Officers shall only not be done witnessed by properly licensed organizations anyone while submitting samples except in circumstances where the laboratory or individuals who are facility does not Employees have a "clean room" for submitting samples or where there is reasonable suspicion that the officer may attempt to compromise the accuracy of the County of XxXxxxx, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employeeprocedure. (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 choosing, at the officer's own expense expenses; provided the officer notifies the Employer Village within seventy-two (72) hours of receiving the results of the tests;test. f(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 interests;. g(h) 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 showing an alcohol concentration of .041 0.02 or more based upon the grams of alcohol per 100 milliliters millimeters of blood shall be considered positive (NOTE: The foregoing standard shall not preclude the Village from attempting to show that test results between .000 and conclusive evidence .019 demonstrate that the Employee is officer was under the influence. If a test is greater than 0.0 , but less than .04 the officer Village shall be conclusively presumed not to be under bear the influence burden of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzerproof in such cases). h(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;. i(j) Ensure 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. 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 mutually agreed upon licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the Employer and the Union.National Institute of Drug Abuse (NIDA); b) Establish a chain of custody procedure for both the sample collection and testing that will ensure 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 ensure preserve the individual employee's right to privacy, insure a high degree of security for the sample and its freedom from adulteration. Collection Employees shall only not be done witnessed by properly licensed organizations anyone while submitting a sample, except in circumstances where the laboratory or individuals who are facility does not Employees have a “clean room” for submitting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the County of XxXxxxx, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employee.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 officeremployee's own choosing, at the officeremployee's own expense expense, provided the officer employee notifies the Employer within seventy-two (72) hours of receiving the results of the tests; fg) 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 officeremployee's interests; gh) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence in violation of alcohol test results that show an alcohol concentration of .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered 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 conclusively presumed not to be Section 12.2, under the influence of alcohol. Alcohol testing shall only , test results showing an alcohol concentration level at or above the standards applicable to over-the-road drivers pursuant to the then applicable Illinois Department of Transportation (IDOT) regulations will be conducted through the use of a breathalyzer.considered positive test results; hi) 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; ij) Ensure 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. 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 mutually agreed upon by the Employer and the Union.; (b) Establish a chain of custody procedure for both sample collection and testing that will ensure 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 ensure a 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 employees of the County of XxXxxxx, and shall be conducted off- off-site. Breathalyzer testing shall be conducted so as not to embarrass the Employee.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; . 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; (f) 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; (g) 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 .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive and conclusive evidence that the Employee employee is under the influence. .. If a test is greater than 0.0 but less than .04 .04, the officer shall be conclusively presumed not to be not under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzer. (h) Provide each officer tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (i) Ensure 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 employee of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officer officr who has offered to discuss the results with the Employeeemployee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 mutually agreed upon by the Employer and the Union. b) Establish a chain of custody procedure for both sample collection and testing that will 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 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; 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; f) 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; g) 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 .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered 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 conclusively presumed not to be under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzer. h) Provide each officer tested with a copy of all information and reports received by the Employer in connection with the testing and the results; i) 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 mutually agreed upon certified by the Employer and the UnionState of Illinois to perform drug and/or alcohol testing. b) Establish a chain of custody procedure for both the sample collection and testing that will 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 ensure preserve the individual officer's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Collection Officers submitting a sample shall only be done observed by properly licensed organizations or individuals who are not Employees a member of the County of XxXxxxx, and shall same sex to be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employeedesignated 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 ’s 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. fg) 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; g) 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 .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered 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 conclusively presumed not to be under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzer. h) 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;. i) Ensure Require that no officer with regard to alcohol testing, for the purpose of determining whether the sergeant is under the subject influence 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 alcohol, test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered to discuss showing an alcohol concentration of .021 or more based upon the results with the Employeegrams of alcohol pet 100 millimeters of blood be considered positive.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!