Common use of Test to be Conducted Clause in Contracts

Test to be Conducted. In conducting the testing authorized by this Article, the City shall comply with the following: A. The lab selected to perform drug tests shall be federally certified to do drug testing. Personnel employed by the lab shall-be certified as required by federal certification requirements. The facility collecting and testing breath specimens shall hold all legally necessary licenses. B. Collection of samples shall be conducted in a manner which is consistent with the United States Department of Health and Human Services ("HHS") guidelines. Strict chain of custody procedures which are consistent with HHS guidelines must be followed for all samples. The FOP/OLC and the City agree that the security of the specimen is absolutely necessary. Therefore, the City agrees that if the chain of custody of a sample is broken in any way any positive test shall be invalid and may not be used for any purpose. C. Urine specimens shall be collected in private, except in the following circumstances: 1. Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that an individual may alter or substitute the specimen to be provided, as further described below. 2. The following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen: i. The member has presented a urine specimen that falls outside the normal temperature range (32-38 C/90-100 F), and ii. The member declines to provide a measurement of oral body temperature; or from the temperature of the specimen; iii. The last urine specimen provided by the member (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003) and a creatinine concentration below .2g/L; iv. The collection site person hears statements or observes conduct clearly and unequivocally indicating an attempt by the member to substitute or adulterate the sample (e.g. substitute urine in plain view, blue dye in specimen presented, etc.). D. A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines. E. Members have the right for a FOP/OLC representative to be present during the collection of samples (and any pre-collection interviews of members intended to determine whether reasonable suspicion exists), but the exercise of such right shall not unreasonably delay the collection of the sample. For such tests, “unreasonable delay” means two (2) hours or more. F. The City's drug testing lab will confirm any urine sample that tests positive ininitial 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 City or FOP/OLC, before the expiration of the 12-month period), for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. G. The 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 of the member's choosing, at the member's own expense, providing the member notifies the City within seventy-two (72) hours of receiving the positive results and provided further that the laboratory or clinic and the testing procedure, including chain of custody, meets or exceeds the standards established in this Policy. H. The City will require that its drug testing lab and breath testing facility report that a specimen is positive only if both the initial screening and confirmation test are positive. Drug test results shall be evaluated by the Medical Review Physician ("MRP") in a manner to ensure that a member's legal use and diet are properly taken into account when evaluating the test results. For the purpose of this policy, 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 32.7, below. I. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein, the City shall return such information without copying and will not use such information in any manner or form adverse to the member's interests. J. With regard to alcohol testing, tests shall be performed by an individual(s) selected by the City 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 .04 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 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. K. The City will provide each member tested with a copy of all information and reports received by the City in connection with the testing and the results. L. The City will insure that no member is the subject of any adverse employment action pending the receipt of test results except emergency temporary assignments or relief from duty with pay.

Test to be Conducted. In conducting the testing authorized by this Article, the City shall comply with the following: A. The lab selected to perform drug tests shall be federally certified to do drug testing. Personnel employed by the lab shall-shall be certified as required by federal certification requirements. The facility collecting and testing breath specimens shall hold all legally necessary licenses. B. Collection of samples shall be conducted in a manner which is consistent with the United States Department of Health and Human Services ("“HHS"”) guidelines. Strict chain of custody procedures which are consistent with HHS guidelines must be followed for all samples. The FOP/OLC Lodge and the City agree that the security of the specimen is absolutely necessary. Therefore, the City agrees that if the chain of custody of a sample is broken in any way any positive test shall be invalid and may not be used for any purpose. C. Urine X. Xxxxx specimens shall be collected in private, except in the following circumstances: 1. Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that an individual may alter or substitute the specimen to be provided, as further described below. 2. The following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen: i. (i) The member has presented a urine specimen that falls outside the normal temperature range (32-38 C/90-100 F), and (ii. ) The member declines to provide a measurement of oral body temperature; or from the temperature of the specimen; (iii. ) The last urine specimen provided by the member (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003) 1.003 and a creatinine concentration below .2g/L;below (iv. ) The collection site person hears statements or observes conduct clearly and unequivocally indicating an attempt by the member to substitute or adulterate the sample (e.g. substitute urine in plain view, blue dye in specimen presented, etc.). D. A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines. E. Members have the right for a FOP/OLC 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. For such tests, “unreasonable delay” means two (2) hours or more. F. The City's ’s drug testing lab will confirm any urine sample that tests positive ininitial 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 City or FOP/OLCLodge, before the expiration of the 12-month period), for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. G. The 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 of the member's choosing, at the member's own expense, providing the member notifies the City within seventy-two (72) hours of receiving the positive results and provided further that the laboratory or clinic and the testing procedure, including chain of custody, meets or exceeds the standards established in this Policy. H. The City will require that its drug testing lab and breath testing facility report that a specimen is positive only if both the initial screening and confirmation test are positive. Drug test results shall be evaluated by the Medical Review Physician ("MRP") in a manner to ensure that a member's legal use and diet are properly taken into account when evaluating the test results. For the purpose of this policy, 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 32.7, below. I. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein, the City shall return such information without copying and will not use such information in any manner or form adverse to the member's interests. J. With regard to alcohol testing, tests shall be performed by an individual(s) selected by the City 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 .04 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 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. K. The City will provide each member tested with a copy of all information and reports received by the City in connection with the testing and the results. L. The City will insure that no member is the subject of any adverse employment action pending the receipt of test results except emergency temporary assignments or relief from duty with pay.

Test to be Conducted. In conducting the testing authorized by this ArticleContract, the City shall comply with the following: A. (A) The lab vendor selected to perform drug tests shall be federally certified to do drug testingtesting and shall be mutually agreed to by the Lodge and City. Personnel employed by the lab shall-shall be certified as required by federal certification requirements. The facility collecting and testing breath specimens shall hold all legally necessary licenses. B. (B) Collection of samples shall be conducted in a manner which is consistent with the United States Department of Health and Human Services ("HHS") HHS guidelines. Strict chain of custody procedures which are consistent with HHS guidelines must be followed for all samples. The FOP/OLC and the City agree that the security of the specimen is absolutely necessary. Therefore, the City agrees that if the chain of custody of a sample is broken in any way any positive test shall be invalid and may not be used for any purpose.are C. (C) Urine specimens shall be collected in private, except in the following circumstancescircumstances 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 an a particular individual may alter or substitute the specimen to be provided, as further described belowin this paragraph. (2. The ) 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. (i) The member employee has presented a urine specimen that falls outside the normal temperature range (32-38 C/90-100 32o-38oC/90o - 100o F), and ii. (a) The member employee declines to provide a measurement of oral body temperature, as provided in paragraph (f)(14) of the part; or or (b) Oral body temperature varies by more than 1o C/1.8o F from the temperature of the specimen; iii. (ii) The last urine specimen provided by the member employee (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003) 1.003 and a creatinine concentration below .2g/L; iv. (iii) The collection site person hears statements or observes conduct clearly and unequivocally indicating an attempt by the member to substitute or adulterate the sample (e.g. e.g., substitute urine in plain view, blue dye in specimen presented, etc.)." D. (D) A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines. E. (E) Members have the right for a FOP/OLC 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 such alcohol tests, “"unreasonable delay” " means one (1) hour or more; for drug tests, "unreasonable delay" means two (2) hours or morehours. 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 City’s Drug and Alcohol Coordinator at the beginning of any month that it would like to observe random tests. Once notified, the 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 City will provide the Lodge with any invoices for testing upon written request by the Lodge to the City’s Drug and Alcohol Coordinator. F. (F) The City's drug testing lab will confirm any urine sample that tests positive ininitial 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 City or FOP/OLCLodge, before the expiration of the 12-month period), for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. G. (G) The 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 choosing, at the member's own expense, providing the member notifies the City 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 PolicyContract. H. (H) The City will require that its drug testing lab and breath testing facility report that a specimen is positive only if both the initial screening and confirmation test are positive. Drug test tests results shall be evaluated by the Medical Review Physician ("MRP") 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 policyArticle, 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 32.7, below.means I. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein, the City shall return such information without copying and will not use such information in any manner or form adverse to the member's interests. J. (I) With regard to alcohol testing, tests shall be performed by an individual(s) selected by the City and Lodge and certified under Federal standards. An initial positive alcohol level of .04 grams per 210L 210L. of breath shall be considered positive for purposes of authorizing the conduct of the confirming alcohol test. If initial screen results are negative, i.e., below the positive level, testing shall be discontinued, all samples destroyed and records of the .04 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 personnel file. K. The City will provide (J) Provide each member tested with a copy of all information and reports received by the City in connection with the testing and the resultsresults upon request. L. The City will insure (K) Ensure that no member is the subject of any adverse employment action pending because of the receipt of test results except emergency temporary assignments or relief from of duty with paypay during the pendency of any testing procedure.

Test to be Conducted. In conducting the testing authorized by this Article, the City shall comply with the following: A. The lab selected to perform drug tests shall be federally certified to do drug testing. Personnel employed by the lab shall-shall be certified as required by federal certification requirements. The facility collecting and testing breath specimens shall hold all legally necessary licenses. B. Collection of samples shall be conducted in a manner which is consistent with the United States Department of Health and Human Services ("“HHS"”) guidelines. Strict chain of custody procedures which are consistent with HHS guidelines must be followed for all samples. The FOP/OLC Lodge and the City agree that the security of the specimen is absolutely necessary. Therefore, the City agrees that if the chain of custody of a sample is broken in any way any positive test shall be invalid and may not be used for any purpose. C. Urine specimens shall be collected in private, except in the following circumstances: 1. Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that an individual may alter or substitute the specimen to be provided, as further described below. 2. The following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen: i. (i) The member has presented a urine specimen that falls outside the normal temperature range (32-38 C/90-100 F), and (ii. ) The member declines to provide a measurement of oral body temperature; or from the temperature of the specimen; (iii. ) The last urine specimen provided by the member (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003) 1.003 and a creatinine concentration below .2g/L;below (iv. ) The collection site person hears statements or observes conduct clearly and unequivocally indicating an attempt by the member to substitute or adulterate the sample (e.g. substitute urine in plain view, blue dye in specimen presented, etc.). D. A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines. E. Members have the right for a FOP/OLC 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. For such tests, “unreasonable delay” means two (2) hours or more. F. The City's ’s drug testing lab will confirm any urine sample that tests positive ininitial 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 City or FOP/OLCLodge, before the expiration of the 12-month period), for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. G. The 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 of the member's choosing, at the member's own expense, providing the member notifies the City within seventy-two (72) hours of receiving the positive results and provided further that the laboratory or clinic and the testing procedure, including chain of custody, meets or exceeds the standards established in this Policy. H. The City will require that its drug testing lab and breath testing facility report that a specimen is positive only if both the initial screening and confirmation test are positive. Drug test results shall be evaluated by the Medical Review Physician ("MRP") in a manner to ensure that a member's legal use and diet are properly taken into account when evaluating the test results. For the purpose of this policy, 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 32.7, below. I. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein, the City shall return such information without copying and will not use such information in any manner or form adverse to the member's interests. J. With regard to alcohol testing, tests shall be performed by an individual(s) selected by the City 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 .04 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 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. K. The City will provide each member tested with a copy of all information and reports received by the City in connection with the testing and the results. L. The City will insure that no member is the subject of any adverse employment action pending the receipt of test results except emergency temporary assignments or relief from duty with pay.

Test to be Conducted. In conducting the testing authorized by this Article, the City shall comply with the following: A. The lab selected to perform drug tests shall be federally certified to do drug testing. Personnel employed by the lab shall-shall be certified as required by federal certification requirements. The facility collecting and testing breath specimens shall hold all legally necessary licenses. B. Collection of samples shall be conducted in a manner which is consistent with the United States Department of Health and Human Services ("“HHS"”) guidelines. Strict chain of custody procedures which are consistent with HHS guidelines must be followed for all samples. The FOP/OLC Lodge and the City agree that the security of the specimen is absolutely necessary. Therefore, the City agrees that if the chain of custody of a sample is broken in any way any positive test shall be invalid and may not be used for any purpose. C. Urine specimens shall be collected in private, except in the following circumstances: 1. Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that an individual may alter or substitute the specimen to be provided, as further described below. 2. The following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen: i. (i) The member has presented a urine specimen that falls outside the normal temperature range (32-38 C/90-100 F), and (ii. ) The member declines to provide a measurement of oral body temperature; or from the temperature of the specimen; (iii. ) The last urine specimen provided by the member (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003) 1.003 and a creatinine concentration below .2g/L; (iv. ) The collection site person hears statements or observes conduct clearly and unequivocally indicating an attempt by the member to substitute or adulterate the sample (e.g. substitute urine in plain view, blue dye in specimen presented, etc.). D. A split urine sample shall be collected in all cases of drug testing for an independent analysis in the event of a positive test result. All urine samples must be stored and preserved in a manner that conforms to HHS guidelines. E. Members have the right for a FOP/OLC 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. For such tests, “unreasonable delay” means two (2) hours or more. F. The City's ’s drug testing lab will confirm any urine sample that tests positive ininitial 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 City or FOP/OLCLodge, before the expiration of the 12-month period), for the duration of any grievance, disciplinary action or legal proceeding, whichever is longer. G. The 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 of the member's ’s choosing, at the member's ’s own expense, providing the member notifies the City within seventy-two (72) hours of receiving the positive results and provided further that the laboratory or clinic and the testing procedure, including chain of custody, meets or exceeds the standards established in this Policy. H. The City will require that its drug testing lab and breath testing facility report that a specimen is positive only if both the initial screening and confirmation test are positive. Drug test results shall be evaluated by the Medical Review Physician ("“MRP"”) in a manner to ensure that a member's ’s legal use and diet are properly taken into account when evaluating the test results. For the purpose of this policy, 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 32.77, below. I. . The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein, the 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. J. I. With regard to alcohol testing, tests shall be performed by an individual(s) selected by the City 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 .04 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 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. K. J. The City will provide each member tested with a copy of all information and reports received by the City in connection with the testing and the results. L. K. The City will insure that no member is the subject of any adverse employment action pending the receipt of test results except emergency temporary assignments or relief from duty with pay.