Common use of Test to be Conducted Clause in Contracts

Test to be Conducted. In conducting the testing authorized by this Contract, the Township shall comply with the following: (A) The vendor selected to perform drug tests shall be federally certified to do drug testing and shall be mutually agreed to by the Lodge and Township. Personnel employed by the lab shall be certified as required by federal certification requirements. The facility collecting and testing breath specimens shall hold all legally necessary licenses. (B) Collection of samples shall be conducted in a manner which is consistent with HHS guidelines. Strict chain of custody procedures which are consistent with the United State Department of Health and Human Services (HHS) guidelines must be followed for all samples. The Lodge and the Township agree that the security of the specimens is absolutely necessary. Therefore, the Township agrees that if the chain of custody of a sample is broken in any way, any positive test shall be invalid and may not be used for any purpose. (C) Urine specimens shall be collected in private, except in the circumstances described in 49 C.F.R. §40.25(e)(2)(i, ii, iii), as follows: (1) Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided, as further described in this paragraph. (2) For purposes of this part, the following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen. (i) The employee has presented a urine specimen that falls outside the normal temperature range (32°-38°C/90°- 100°F), and (a) The employee declines to provide a measurement of oral body temperature, as provided in paragraph (f)(14) of the part; or (b) Oral body temperature varies by more than 1°C/1.8°F from the temperature of the specimen; (ii) The last urine specimen provided by the employee (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below .2g/L; (iii) The collection site person observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample (e.g., substitute urine in plain view, blue dye in specimen presented, etc.). (D) A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines. (E) Members have the right for a Lodge representative to be present during the collection of samples (and any pre-collection interviews of members intended to determine whether reasonable suspicion exists), but the exercise of such right shall not unreasonably delay the collection of the sample. Prior to going to the collection site, the Lodge Representative shall notify the Drug and Alcohol Coordinator at his/her office or by pager. For alcohol tests, “unreasonable delay” means one (1) hour or more; for drug tests, “unreasonable delay” means two (2) hours. Prior to submitting a specimen, the member will be asked to sign a consent-refusal form and will not be subject to discipline for refusing to sign such a form unless such refusal would preclude the completion of the testing process; provided, a member’s refusal to consent is not a waiver of any objection to the test the member would otherwise have. The Lodge may indicate to the Township’s Drug and Alcohol Coordinator at the beginning of any month that it would like to observe random tests. Once notified, the Township will give the Lodge at least one (1) notice prior to the commencement of any random tests conducted that month. The Lodge may have one of its full-time release members attend the tests as scheduled provided there is no interference with such tests. Additionally, the Township will provide the Lodge with any invoices for testing upon written request by the Lodge to the Township’s Drug and Alcohol Coordinator. (F) The Township’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 by the testing lab for at least twelve (12) months or (provided written notice is given the lab by the Township or Lodge, before the expiration of the 12-month period), for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. (G) The Township will provide members who test positive for drugs with an opportunity to have the split urine specimen tested by a clinical laboratory or hospital facility that is an HHS certified facility of the member’s choosing, at the member’s own expense, providing the member notifies the Medical Review Physician 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 Contract. (H) The Township 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 tests results shall be evaluated by the Medical Review Physician in a manner to ensure that a member’s legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this Article, a positive drug test result means the presence of drugs and/or their metabolites in a member that equals or exceeds the levels set forth in Section 27.8 below. The parties agree that should any information concerning such testing or the results thereof be obtained by the Township inconsistent with the understandings expressed herein, the Township shall return such information without copying and will not use such information in any manner or form adverse to the member’s interests. (I) With regard to alcohol testing, tests shall be performed by an individual(s) selected by the Township and Lodge and certified under Federal standards. 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 member’s personnel file. Only members 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 210L of breath. If confirmatory breath testing results are negative, i.e., below the positive level, all records of the testing shall be expunged from the member’s personnel file. (J) Provide each member tested with a copy of all information and reports received by the Township in connection with the testing and the results upon request. (K) Ensure that no member is the subject of any adverse employment action because of the test except emergency temporary assignments or relief of duty with pay during the pendency of any testing procedure.

Test to be Conducted. In conducting the testing authorized by this Contract, the Township City shall comply with the following: (A) The vendor selected to perform drug tests shall be federally certified to do drug testing and shall be mutually agreed to by the Lodge and TownshipCity. Personnel employed by the lab shall be certified as required by federal certification requirements. The facility collecting and testing breath specimens shall hold all legally necessary licenses. (B) Collection of samples shall be conducted in a manner which is consistent with HHS guidelines. Strict chain of custody procedures which are consistent with the United State States Department of Health and Human Services (HHS) guidelines must be followed for all samples. The Lodge and the Township City agree that the security of the specimens is absolutely necessary. Therefore, the Township City agrees that if the chain of custody of a sample is broken in any way, any positive test shall be invalid and may not be used for any purpose. (C) Urine specimens shall be collected in private, except in the circumstances described in 49 C.F.R. §40.25(e)(2)(i, ii, iii), as follows: (1) Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided, as further described in this paragraph. (2) For purposes of this part, the following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen.: (i) The employee has presented a urine specimen that falls outside the normal temperature range (32°-38°C/90°32o- 38oC/90o - 100°100o F), and (a) The employee declines to provide a measurement of oral body temperature, as provided in paragraph (f)(14) of the part; or (b) Oral body temperature varies by more than 1°C/1.8°1o C/1.8o F from the temperature of the specimen; (ii) The last urine specimen provided by the employee (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below .2g/L; (iii) The collection site person observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample (e.g., substitute urine in plain view, blue dye in specimen presented, etc.)." (D) A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines. (E) Members have the right for a Lodge representative to be present during the collection of samples (and any pre-collection interviews of members intended to determine whether reasonable suspicion exists), but the exercise of such right shall not unreasonably delay the collection of the sample. Prior to going to the collection site, the Lodge Representative shall notify the Drug and Alcohol Coordinator at his/her office or by pagercell phone. For alcohol tests, “"unreasonable delay” " means one (1) hour or more; for drug tests, “"unreasonable delay” " means two (2) hours. Prior to submitting a specimen, the member will be asked to sign a consent-refusal form and will not be subject to discipline for refusing to sign such a form unless such refusal would preclude the completion of the testing process; provided, a member’s 's refusal to consent is not a waiver of any objection to the test the member would otherwise have. The Lodge may indicate to the TownshipCity’s Drug and Alcohol Coordinator at the beginning of any month that it would like to observe random tests. Once notified, the Township City will give the Lodge at least one (1) hour notice prior to the commencement of any random tests conducted that month. The Lodge may have one of its full-time release members attend the tests as scheduled provided there is no interference with such tests. Additionally, the Township City will provide the Lodge with any invoices for testing upon written request by the Lodge to the TownshipCity’s Drug and Alcohol Coordinator. (F) The Township’s 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 by the testing lab for at least twelve (12) months or (provided written notice is given the lab by the Township City or Lodge, before the expiration of the 12-month period), for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. (G) The Township City will provide members who test positive for drugs with an opportunity to have the split urine specimen tested by a clinical laboratory or hospital facility that is an HHS certified facility of the member’s 's choosing, at the member’s 's own expense, providing the member notifies the Medical Review Physician Officer 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 Contract. (H) The Township 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 tests results shall be evaluated by the Medical Review Physician Officer in a manner to ensure that a member’s 's legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this Article, a positive drug test result means the presence of drugs and/or their metabolites in a member that equals or exceeds the levels set forth in Section 27.8 17.8 below. The parties agree that should any information concerning such testing or the results thereof be obtained by the Township City inconsistent with the understandings expressed herein, the Township City shall return such information without copying and will not use such information in any manner or form adverse to the member’s 's interests. (I) With regard to alcohol testing, tests shall be performed by an individual(s) selected by the Township City and Lodge and certified under Federal standards. 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.02 grams per 210L, testing shall be discontinued, all samples destroyed and records of the testing expunged removed from the member’s 's personnel file. An initial alcohol level of .02 grams per 210L of breath or above shall authorize the conduct of the confirming alcohol test. Only members 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 210L of breath. If confirmatory breath testing results are negative, i.e., below the positive level.02 grams per 210L, all records of the testing shall be expunged removed from the member's personnel file. Members with initial test screen results that fall between .02 and .039 grams per 210L of breath, and who have a lower confirmatory test screen result than their initial test screen result, shall not be sent home or required to use earned leave pursuant to Article 17.4(B); and all records of the testing shall be removed from the member’s personnel file. (J) Provide each member tested with a copy of all information and reports received by the Township City in connection with the testing and the results upon request. (K) Ensure that no member is the subject of any adverse employment action because of the test except emergency temporary assignments or relief of duty with pay during the pendency of any testing procedure.

Test to be Conducted. In conducting the testing authorized by this Contract, the Township City shall comply with the following: (A) The vendor selected to perform drug tests shall be federally certified to do drug testing and shall be mutually agreed to by the Lodge and TownshipCity. Personnel employed by the lab shall be certified as required by federal certification requirements. The facility collecting and testing breath specimens shall hold all legally necessary licenses. (B) Collection of samples shall be conducted in a manner which is consistent with HHS guidelines. Strict chain of custody procedures which are consistent with the United State States Department of Health and Human Services (HHS) guidelines must be followed for all samples. The Lodge and the Township City agree that the security of the specimens is absolutely necessary. Therefore, the Township City agrees that if the chain of custody of a sample is broken in any way, any positive test shall be invalid and may not be used for any purpose. (C) Urine specimens shall be collected in private, except in the circumstances described in 49 C.F.R. §40.25(e)(2)(i, ii, iii), as follows: (1) Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided, as further described in this paragraph. (2) For purposes of this part, the following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen.: (i) The employee has presented a urine specimen that falls outside the normal temperature range (32°-38°C/90°32o- 38oC/90o - 100°100o F), and (a) The employee declines to provide a measurement of oral body temperature, as provided in paragraph (f)(14) of the part; or (b) Oral body temperature varies by more than 1°C/1.8°1o C/1.8o F from the temperature of the specimen; (ii) The last urine specimen provided by the employee (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below .2g/L; (iii) The collection site person observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample (e.g., substitute urine in plain view, blue dye in specimen presented, etc.)." (D) A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines. (E) Members have the right for a Lodge representative to be present during the collection of samples (and any pre-collection interviews of members intended to determine whether reasonable suspicion exists), but the exercise of such right shall not unreasonably delay the collection of the sample. Prior to going to the collection site, the Lodge Representative shall notify the Drug and Alcohol Coordinator at his/her office or by pager. For alcohol tests, “"unreasonable delay” " means one (1) hour or more; for drug tests, “"unreasonable delay” " means two (2) hours. Prior to submitting a specimen, the member will be asked to sign a consent-refusal form and will not be subject to discipline for refusing to sign such a form unless such refusal would preclude the completion of the testing process; provided, a member’s 's refusal to consent is not a waiver of any objection to the test the member would otherwise have. The Lodge may indicate to the TownshipCity’s Drug and Alcohol Coordinator at the beginning of any month that it would like to observe random tests. Once notified, the Township City will give the Lodge at least one (1) hour notice prior to the commencement of any random tests conducted that month. The Lodge may have one of its full-time release members attend the tests as scheduled provided there is no interference with such tests. Additionally, the Township City will provide the Lodge with any invoices for testing upon written request by the Lodge to the TownshipCity’s Drug and Alcohol Coordinator. (F) The Township’s 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 by the testing lab for at least twelve (12) months or (provided written notice is given the lab by the Township City or Lodge, before the expiration of the 12-month period), for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. (G) The Township City will provide members who test positive for drugs with an opportunity to have the split urine specimen tested by a clinical laboratory or hospital facility that is an HHS certified facility of the member’s 's choosing, at the member’s 's own expense, providing the member notifies the Medical Review Physician 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 Contract. (H) The Township 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 tests results shall be evaluated by the Medical Review Physician in a manner to ensure that a member’s 's legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this Article, a positive drug test result means the presence of drugs and/or their metabolites in a member that equals or exceeds the levels set forth in Section 27.8 17.8 below. The parties agree that should any information concerning such testing or the results thereof be obtained by the Township inconsistent with the understandings expressed herein, the Township shall return such information without copying and will not use such information in any manner or form adverse to the member’s interests. (I) With regard to alcohol testing, tests shall be performed by an individual(s) selected by the Township City and Lodge and certified under Federal standards. 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 member’s 's personnel file. Only members 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 210L of breath. If confirmatory breath testing results are negative, i.e., below the positive level, all records of the testing shall be expunged from the member’s 's personnel file. (J) Provide each member tested with a copy of all information and reports received by the Township City in connection with the testing and the results upon request. (K) Ensure that no member is the subject of any adverse employment action because of the test except emergency temporary assignments or relief of duty with pay during the pendency of any testing procedure.

Test to be Conducted. In conducting the testing authorized by this Contract, the Township City shall comply with the following: (A) The vendor selected to perform drug tests shall be federally certified to do drug testing and shall be mutually agreed to by the Lodge and TownshipCity. Personnel employed by the lab shall be certified as required by federal certification requirements. The facility vendor collecting and testing breath specimens shall hold all legally necessary licenses. (B) Collection of samples shall be conducted in a manner which is consistent with HHS guidelines. Strict chain of custody procedures which are consistent with the United State States Department of Health and Human Services (HHS) guidelines must be followed for all samples. The Lodge and the Township City agree that the security of the specimens is absolutely necessary. Therefore, the Township 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. C.F.R Part 40 §40.25(e)(2)(i, ii, iii)40.67, as follows: (1) Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided, as further described in this paragraph. (2) For purposes of this part, the following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen.: (i) The employee has presented a urine specimen that falls outside the normal temperature range (32°-38°C/90°32o- 38oC/90o - 100°100o F), and (a) The employee declines to provide a measurement of oral body temperature, as provided in paragraph (f)(14) of the part; or (b) Oral body temperature varies by more than 1°C/1.8°1o C/1.8o F from the temperature of the specimen; (ii) The last urine specimen provided by the employee (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below .2g/L; (iii) The collection site person observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample (e.g., substitute urine in plain view, blue dye in specimen presented, etc.)." (D) A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines. (E) Members have the right for a Lodge representative to be present during the collection of samples (and any pre-collection interviews of members intended to determine whether reasonable suspicion exists), but the exercise of such right shall not unreasonably delay the collection of the sample. Prior to going to the collection site, the Lodge Representative shall notify the Drug and Alcohol Coordinator at his/her office or by pagercell phone. For alcohol tests, “"unreasonable delay” " means one (1) hour or more; for drug tests, “"unreasonable delay” " means two (2) hours. Prior to submitting a specimen, the member will be asked to sign a consent-refusal form and will not be subject to discipline for refusing to sign such a form unless such refusal would preclude the completion of the testing process; provided, a member’s 's refusal to consent is not a waiver of any objection to the test the member would otherwise have. The Lodge may indicate to the TownshipCity’s Drug and Alcohol Coordinator at the beginning of any month that it would like to observe random tests. Once notified, the Township City will give the Lodge at least one (1) hour notice prior to the commencement of any random tests conducted that month. The Lodge may have one of its full-time release members attend the tests as scheduled provided there is no interference with such tests. Additionally, the Township City will provide the Lodge with any invoices for testing upon written request by the Lodge to the TownshipCity’s Drug and Alcohol Coordinator. (F) The Township’s 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 by the testing lab for at least twelve (12) months or (provided written notice is given the lab by the Township City or Lodge, before the expiration of the 12-month period), for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. (G) The Township City will provide members who test positive for drugs with an opportunity to have the split urine specimen tested by a clinical laboratory or hospital facility that is an HHS certified facility of the member’s 's choosing, at the member’s 's own expense, providing the member notifies the Medical Review Physician Officer 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 Contract. (H) The Township 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 tests results shall be evaluated by the Medical Review Physician Officer in a manner to ensure that a member’s 's legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this Article, a positive drug test result means the presence of drugs and/or their metabolites in a member that equals or exceeds the levels set forth in Section 27.8 17.8 below. The parties agree that should any information concerning such testing or the results thereof be obtained by the Township City inconsistent with the understandings expressed herein, the Township City shall return such information without copying and will not use such information in any manner or form adverse to the member’s 's interests. (I) With regard to alcohol testing, tests shall be performed by an individual(s) selected by the Township City and Lodge and certified under Federal standards. 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.02 grams per 210L, testing shall be discontinued, all samples destroyed and records of the testing expunged removed from the member’s 's personnel file. An initial alcohol level of .02 grams per 210L of breath or above shall authorize the conduct of the confirming alcohol test. Only members 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 210L of breath. If confirmatory breath testing results are negative, i.e., below the positive level.02 grams per 210L, all records of the testing shall be expunged removed from the member's personnel file. Members with initial test screen results that fall between .02 and .039 grams per 210L of breath, and who have a lower confirmatory test screen result than their initial test screen result, shall not be sent home or required to use earned leave pursuant to Article 17.4(B); and all records of the testing shall be removed from the member’s personnel file. (J) Provide each member tested with a copy of all information and reports received by the Township City in connection with the testing and the results upon request. (K) Ensure that no member is the subject of any adverse employment action because of the test except emergency temporary assignments or relief of duty with pay during the pendency of any testing procedure.

Test to be Conducted. In conducting the testing authorized by this Contract, the Township City shall comply with the following: (A) The vendor selected to perform drug tests shall be federally certified to do drug testing and shall be mutually agreed to by the Lodge and TownshipCity. Personnel employed by the lab shall be certified as required by federal certification requirements. The facility collecting and testing breath specimens shall hold all legally necessary licenses. (B) Collection of samples shall be conducted in a manner which is consistent with HHS guidelines. Strict chain of custody procedures which are consistent with the United State Department of Health and Human Services (HHS) guidelines must be followed for all samples. The Lodge and the Township agree that the security of the specimens is absolutely necessary. Therefore, the Township agrees that if the chain of custody of a sample is broken in any way, any positive test shall be invalid and may not be used for any purpose.are (C) Urine specimens shall be collected in private, except in the circumstances described in 49 C.F.R. §40.25(e)(2)(i, ii, iii), as follows: (1) Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided, as further described in this paragraph. (2) For purposes of this part, the following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen.: (i) The employee has presented a urine specimen that falls outside the normal temperature range (32°-38°C/90°32o- 38oC/90o - 100°100o F), and (a) The employee declines to provide a measurement of oral body temperature, as provided in paragraph (f)(14) of the part; or (b) Oral body temperature varies by more than 1°C/1.8°1o C/1.8o F from the temperature of the specimen; (ii) The last urine specimen provided by the employee (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below .2g/L; (iii) The collection site person observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample (e.g., substitute urine in plain view, blue dye in specimen presented, etc.)." (D) A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines. (E) Members have the right for a Lodge representative to be present during the collection of samples (and any pre-collection interviews of members intended to determine whether reasonable suspicion exists), but the exercise of such right shall not unreasonably delay the collection of the sample. Prior to going to the collection site, the Lodge Representative shall notify the Drug and Alcohol Coordinator at his/her office or by pager. For alcohol tests, “"unreasonable delay” " means one (1) hour or more; for drug tests, “"unreasonable delay” " means two (2) hours. Prior to submitting a specimen, the member will be asked to sign a consent-refusal form and will not be subject to discipline for refusing to sign such a form unless such refusal would preclude the completion of the testing process; provided, a member’s 's refusal to consent is not a waiver of any objection to the test the member would otherwise have. The Lodge may indicate to the TownshipCity’s Drug and Alcohol Coordinator at the beginning of any month that it would like to observe random tests. Once notified, the Township City will give the Lodge at least one (1) hour notice prior to the commencement of any random tests conducted that month. The Lodge may have one of its full-time release members attend the tests as scheduled provided there is no interference with such tests. Additionally, the Township City will provide the Lodge with any invoices for testing upon written request by the Lodge to the TownshipCity’s Drug and Alcohol Coordinator. (F) The Township’s 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 by the testing lab for at least twelve (12) months or (provided written notice is given the lab by the Township City or Lodge, before the expiration of the 12-month period), for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. (G) The Township City will provide members who test positive for drugs with an opportunity to have the split urine specimen tested by a clinical laboratory or hospital facility that is an HHS certified facility of the member’s 's choosing, at the member’s 's own expense, providing the member notifies the Medical Review Physician 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 Contract. (H) The Township 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 tests results shall be evaluated by the Medical Review Physician in a manner to ensure that a member’s 's legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this Article, a positive drug test result means the presence of drugs and/or their metabolites in a member that equals or exceeds the levels set forth in Section 27.8 below. The parties agree that should any information concerning such testing or the results thereof be obtained by the Township inconsistent with the understandings expressed herein, the Township shall return such information without copying and will not use such information in any manner or form adverse to the member’s interests.means (I) With regard to alcohol testing, tests shall be performed by an individual(s) selected by the Township City and Lodge and certified under Federal standards. 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 member’s 's personnel file. Only members 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 210L of breath. If confirmatory breath testing results are negative, i.e., below the positive level, all records of the testing shall be expunged from the member’s 's personnel file. (J) Provide each member tested with a copy of all information and reports received by the Township City in connection with the testing and the results upon request. (K) Ensure that no member is the subject of any adverse employment action because of the test except emergency temporary assignments or relief of duty with pay during the pendency of any testing procedure.

Test to be Conducted. ‌ In conducting the testing authorized by this Contract, the Township City shall comply with the following: (A) The vendor selected to perform drug tests shall be federally certified to do drug testing and shall be mutually agreed to by the Lodge and TownshipCity. Personnel employed by the lab shall be certified as required by federal certification requirements. The facility vendor collecting and testing breath specimens shall hold all legally necessary licenses. (B) Collection of samples shall be conducted in a manner which is consistent with HHS guidelines. Strict chain of custody procedures which are consistent with the United State States Department of Health and Human Services (HHS) guidelines must be followed for all samples. The Lodge and the Township City agree that the security of the specimens is absolutely necessary. Therefore, the Township 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. C.F.R Part 40 §40.25(e)(2)(i, ii, iii)40.67, as follows: (1) Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided, as further described in this paragraph. (2) For purposes of this part, the following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen.: (i) The employee has presented a urine specimen that falls outside the normal temperature range (32°-38°C/90°32o- 38oC/90o - 100°100o F), and (a) The employee declines to provide a measurement of oral body temperature, as provided in paragraph (f)(14) of the part; or (b) Oral body temperature varies by more than 1°C/1.8°1o C/1.8o F from the temperature of the specimen; (ii) The last urine specimen provided by the employee (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below .2g/L; (iii) The collection site person observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample (e.g., substitute urine in plain view, blue dye in specimen presented, etc.)." (D) A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines. (E) Members have the right for a Lodge representative to be present during the collection of samples (and any pre-collection interviews of members intended to determine whether reasonable suspicion exists), but the exercise of such right shall not unreasonably delay the collection of the sample. Prior to going to the collection site, the Lodge Representative shall notify the Drug and Alcohol Coordinator at his/her office or by pagercell phone. For alcohol tests, “"unreasonable delay” " means one (1) hour or more; for drug tests, “"unreasonable delay” " means two (2) hours. Prior to submitting a specimen, the member will be asked to sign a consent-refusal form and will not be subject to discipline for refusing to sign such a form unless such refusal would preclude the completion of the testing process; provided, a member’s 's refusal to consent is not a waiver of any objection to the test the member would otherwise have. The Lodge may indicate to the TownshipCity’s Drug and Alcohol Coordinator at the beginning of any month that it would like to observe random tests. Once notified, the Township City will give the Lodge at least one (1) hour notice prior to the commencement of any random tests conducted that month. The Lodge may have one of its full-time release members attend the tests as scheduled provided there is no interference with such tests. Additionally, the Township City will provide the Lodge with any invoices for testing upon written request by the Lodge to the TownshipCity’s Drug and Alcohol Coordinator. (F) The Township’s 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 by the testing lab for at least twelve (12) months or (provided written notice is given the lab by the Township City or Lodge, before the expiration of the 12-month period), for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. (G) The Township City will provide members who test positive for drugs with an opportunity to have the split urine specimen tested by a clinical laboratory or hospital facility that is an HHS certified facility of the member’s 's choosing, at the member’s 's own expense, providing the member notifies the Medical Review Physician Officer 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 Contract. (H) The Township 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 tests results shall be evaluated by the Medical Review Physician Officer in a manner to ensure that a member’s 's legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this Article, a positive drug test result means the presence of drugs and/or their metabolites in a member that equals or exceeds the levels set forth in Section 27.8 17.8 below. The parties agree that should any information concerning such testing or the results thereof be obtained by the Township City inconsistent with the understandings expressed herein, the Township City shall return such information without copying and will not use such information in any manner or form adverse to the member’s 's interests. (I) With regard to alcohol testing, tests shall be performed by an individual(s) selected by the Township City and Lodge and certified under Federal standards. 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.02 grams per 210L, testing shall be discontinued, all samples destroyed and records of the testing expunged removed from the member’s 's personnel file. An initial alcohol level of .02 grams per 210L of breath or above shall authorize the conduct of the confirming alcohol test. Only members 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 210L of breath. If confirmatory breath testing results are negative, i.e., below the positive level.02 grams per 210L, all records of the testing shall be expunged removed from the member's personnel file. Members with initial test screen results that fall between .02 and .039 grams per 210L of breath, and who have a lower confirmatory test screen result than their initial test screen result, shall not be sent home or required to use earned leave pursuant to Article 17.4(B); and all records of the testing shall be removed from the member’s personnel file. (J) Provide each member tested with a copy of all information and reports received by the Township City in connection with the testing and the results upon request. (K) Ensure that no member is the subject of any adverse employment action because of the test except emergency temporary assignments or relief of duty with pay during the pendency of any testing procedure.

Test to be Conducted. In conducting the testing authorized by this Contract, the Township shall comply with the following: (A) The vendor selected to perform drug tests shall be federally certified to do drug testing and shall be mutually agreed to by the Lodge and Township. Personnel employed by the lab shall be certified as required by federal certification requirements. The facility collecting and testing breath specimens shall hold all legally necessary licenses. (B) Collection of samples shall be conducted in a manner which is consistent with HHS guidelines. Strict chain of custody procedures which are consistent with the United State Department of Health and Human Services (HHS) guidelines must be followed for all samples. The Lodge and the Township agree that the security of the specimens is absolutely necessary. Therefore, the Township agrees that if the chain of custody of a sample is broken in any way, any positive test shall be invalid and may not be used for any purpose. (C) Urine specimens shall be collected in private, except in the circumstances described in 49 C.F.R. §40.25(e)(2)(i, ii, iii), as follows: (1) Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided, as further described in this paragraph. (2) For purposes of this part, the following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen. (i) The employee has presented a urine specimen that falls outside the normal temperature range (32°-38°C/90°- 100°F), and (a) The employee declines to provide a measurement of oral body temperature, as provided in paragraph (f)(14) of the part; or (b) Oral body temperature varies by more than 1°C/1.8°F from the temperature of the specimen; (ii) The last urine specimen provided by the employee (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below .2g/L; (iii) The collection site person observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample (e.g., substitute urine in plain view, blue dye in specimen presented, etc.). (D) A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines.and (E) Members have the right for a Lodge representative to be present during the collection of samples (and any pre-collection interviews of members intended to determine whether reasonable suspicion exists), but the exercise of such right shall not unreasonably delay the collection of the sample. Prior to going to the collection site, the Lodge Representative shall notify the Drug and Alcohol Coordinator at his/her office or by pager. For alcohol tests, “unreasonable delay” means one (1) hour or more; for drug tests, “unreasonable delay” means two (2) hours. Prior to submitting a specimen, the member will be asked to sign a consent-refusal form and will not be subject to discipline for refusing to sign such a form unless such refusal would preclude the completion of the testing process; provided, a member’s refusal to consent is not a waiver of any objection to the test the member would otherwise have. The Lodge may indicate to the Township’s Drug and Alcohol Coordinator at the beginning of any month that it would like to observe random tests. Once notified, the Township will give the Lodge at least one (1) notice prior to the commencement of any random tests conducted that month. The Lodge may have one of its full-time release members attend the tests as scheduled provided there is no interference with such tests. Additionally, the Township will provide the Lodge with any invoices for testing upon written request by the Lodge to the Township’s Drug and Alcohol Coordinator. (F) The Township’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 by the testing lab for at least twelve (12) months or (provided written notice is given the lab by the Township or Lodge, before the expiration of the 12-month period), for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. (G) The Township will provide members who test positive for drugs with an opportunity to have the split urine specimen tested by a clinical laboratory or hospital facility that is an HHS certified facility of the member’s choosing, at the member’s own expense, providing the member notifies the Medical Review Physician 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 Contract. (H) The Township 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 tests results shall be evaluated by the Medical Review Physician in a manner to ensure that a member’s legal drug use and diet are properly taken into account when evaluating the test results. For the purpose of this Article, a positive drug test result means the presence of drugs and/or their metabolites in a member that equals or exceeds the levels set forth in Section 27.8 below. The parties agree that should any information concerning such testing or the results thereof be obtained by the Township inconsistent with the understandings expressed herein, the Township shall return such information without copying and will not use such information in any manner or form adverse to the member’s interests. (I) With regard to alcohol testing, tests shall be performed by an individual(s) selected by the Township and Lodge and certified under Federal standards. 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 member’s personnel file. Only members 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 210L of breath. If confirmatory breath testing results are negative, i.e., below the positive level, all records of the testing shall be expunged from the member’s personnel file. (J) Provide each member tested with a copy of all information and reports received by the Township in connection with the testing and the results upon request. (K) Ensure that no member is the subject of any adverse employment action because of the test except emergency temporary assignments or relief of duty with pay during the pendency of any testing procedure.