Common use of TESTING FOR PROHIBITED SUBSTANCES Clause in Contracts

TESTING FOR PROHIBITED SUBSTANCES. X. Xxxxxxxx to federal regulations and county policy, testing will be conducted for the following substances: The County will periodically inform employees, formally and/or informally, of the dangers of drug and alcohol abuse in the workplace and of rehabilitation programs available to employees. B. All safety-sensitive employees shall be subject to testing prior to employment, for reasonable suspicions, and following an accident, consistent with applicable federal regulations. In addition, all safety-sensitive employees will be tested prior to returning to duty after failing a drug test, during and/or after completion of rehabilitation treatment. Those employees who perform safety-sensitive functions as defined in Section 3 of this policy shall also be subject to testing on a random, unannounced basis. C. Regarding drug testing, an initial drug screen will be conducted on each specimen. For those specimens that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40, as amended. D. Tests for alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT). If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. A safety-sensitive employee who has a confirmed alcohol concentration of greater than 0.02 but less than 0.04 will result in removal from his or her position for the remainder of the employee's scheduled shift. An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy. E. Any safety-sensitive employee that has a confirmed positive drug or alcohol test will be removed from his/her position, informed of educational and rehabilitation programs available, and evaluated by a Substance Abuse Professional (SAP). F. Upon successful completion of compulsory or voluntary rehabilitation (as determined by the County physician and SAP) the employee shall be returned to his/her regular duty assignment or the equivalent thereof. If continued treatment is prescribed after return to duty, such may be imposed by the County as a condition of continued employment consistent with a return to work agreement. Such prescribed treatment may include unannounced follow-up testing which shall be conducted in accordance with the federal regulations. Should an employee refuse to submit to drug or alcohol testing in accordance with this Article and the County's policy, to submit to and successfully complete a treatment and rehabilitation program prescribed by the SAP and County Physician, to comply with the requirements of any prescribed treatment, or should the employee test positive for drugs or alcohol during the rehabilitation and prescribed treatment period, the employee shall be immediately dismissed.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Labor Contract

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TESTING FOR PROHIBITED SUBSTANCES. X. Xxxxxxxx A. Pursuant to federal regulations and county policy, testing will be conducted for the following substances: The County will periodically inform employees, formally and/or informally, of the dangers of drug and alcohol abuse in the workplace and of rehabilitation programs available to employees. B. All safety-sensitive employees shall be subject to testing prior to employment, for reasonable suspicions, and following an accident, consistent with applicable federal regulations. In addition, all safety-sensitive employees will be tested prior to returning to duty after failing a drug test, during and/or after completion of rehabilitation treatment. Those employees who perform safety-sensitive functions as defined in Section 3 of this policy shall also be subject to testing on a random, unannounced basis. C. Regarding drug testing, an initial drug screen will be conducted on each specimen. For those specimens that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40, as amended. D. Tests for alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT). If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. A safety-sensitive employee who has a confirmed alcohol concentration of greater than 0.02 but less than 0.04 will result in removal from his or her position for the remainder of the employee's scheduled shift. An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy. E. Any safety-sensitive employee that has a confirmed positive drug or alcohol test will be removed from his/her position, informed of educational and rehabilitation programs available, and evaluated by a Substance Abuse Professional (SAP). F. Upon successful completion of compulsory or voluntary rehabilitation (as determined by the County physician and SAP) the employee shall be returned to his/her regular duty assignment or the equivalent thereof. If continued treatment is prescribed after return to duty, such may be imposed by the County as a condition of continued employment consistent with a return to work agreement. Such prescribed treatment may include unannounced follow-up testing which shall be conducted in accordance with the federal regulations. Should an employee refuse to submit to drug or alcohol testing in accordance with this Article and the County's policy, to submit to and successfully complete a treatment and rehabilitation program prescribed by the SAP and County Physician, to comply with the requirements of any prescribed treatment, or should the employee test positive for drugs or alcohol during the rehabilitation and prescribed treatment period, the employee shall be immediately dismissed.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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