Common use of Testing to Be Conducted Clause in Contracts

Testing to Be Conducted. In conducting the testing authorized by this Agreement, the City shall: a) Use only a clinical laboratory or hospital facility which follows SAMHSA and NHSTA standards, provides a designated Medical Review Officer (MRO), and is certified by the State of Illinois to perform drug and/or alcohol testing, or use a licensed Intoximeter Operator who is not a member of the bargaining unit for those tests necessitating confirmation of a portable device indicating the presence of alcohol. b) Use only a clinical laboratory or hospital facility that collects samples in such a manner as to preserve the individual employee’s right to privacy while ensuring a high degree of security for the sample, its chain of custody, and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample except in circumstances where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. c) Use only a clinical laboratory or hospital facility that confirms any sample that tests positive in initial screening for drugs by testing the second portion of the same sample by 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. d) Provide the employee tested with an opportunity to have the split sample tested by a clinical laboratory or hospital facility of the employee’s choosing, at the employee’s own expense, provided the employee notifies the City in writing within one (1) year of the date of collection. e) Require that the laboratory or hospital facility report to the City’s Human Resources Director or Human Resources department designee that a sample is positive only if both the initial screening and confirmation test are positive for a particular drug and/or testing indicates the presence of an adulterant or substitute sample. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein (e.g. xxxxxxxx for testing that reveal the nature or number of tests administered), the City shall not use such information in any manner or form adverse to the employee’s interests. f) Require that with regard to alcohol testing, the City shall first use a portable breath alcohol testing device (PBT) via a certified/trained operator to detect the presence of alcohol. If the PBT registers the presence of alcohol, the employee shall be taken to Centegra Occupational Health/Centegra Emergency Room in Woodstock to take a second breath alcohol test for the purpose of determining whether the employee is under the influence of alcohol. Test results showing an alcohol concentration of .020 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive. The foregoing standard shall not preclude the City from attempting to show that test results between .010 and .020 demonstrate that the employee was affected by alcohol, but the City shall bear the burden of proof in such cases. g) For all positive test results, within two (2) calendar days of receipt, the City’s Human Resources Director or designee shall provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results. h) Ensure that no employee is the subject of any adverse employment action except emergency temporary reassignment or relief of paid duty during the pendency of any testing procedure. i) Store such test results in confidential medical files only.

Testing to Be Conducted. In conducting the testing authorized by this Agreement, the City shall: a) Use only a clinical laboratory or hospital facility which follows SAMHSA and NHSTA standards, provides a designated Medical Review Officer (MRO), and is certified by the State of Illinois to perform drug and/or alcohol testing, or use a licensed Intoximeter Operator who is not a member of the bargaining unit for those tests necessitating confirmation of a portable device indicating the presence of alcohol. b) Use only a clinical laboratory or hospital facility that collects samples in such a manner as to preserve the individual employee’s right to privacy while ensuring a high degree of security for the sample, its chain of custody, and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample except in circumstances where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. c) Use only a clinical laboratory or hospital facility that confirms any sample that tests positive in initial screening for drugs by testing the second portion of the same sample by 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. d) Provide the employee tested with an opportunity to have the split sample tested by a clinical laboratory or hospital facility of the employee’s choosing, at the employee’s own expense, provided the employee notifies the City in writing within one (1) year of the date of collection. e) Require that the laboratory or hospital facility report to the City’s Human Resources Director or Human Resources department designee that a sample is positive only if both the initial screening and confirmation test are positive for a particular drug and/or testing indicates the presence of an adulterant or substitute sample. The parties agree that should any information concerning such testing or the results thereof be obtained by the City inconsistent with the understandings expressed herein (e.g. xxxxxxxx for testing that reveal the nature or number of tests administered), the City shall not use such information in any manner or form adverse to the employee’s interests. f) Require that with regard to alcohol testing, the City shall first use a portable breath alcohol testing device (PBT) via a certified/trained operator to detect the presence of alcohol. If the PBT registers the presence of alcohol, the employee shall be taken to Centegra Northwestern (formerly Centegra) Occupational Health/Centegra Emergency Room in Woodstock to take a second breath alcohol test for the purpose of determining whether the employee is under the influence of alcohol. Test results showing an alcohol concentration of .020 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive. The foregoing standard shall not preclude the City from attempting to show that test results between .010 and .020 demonstrate that the employee was affected by alcohol, but the City shall bear the burden of proof in such cases. g) For all positive test results, within two (2) calendar days of receipt, the City’s Human Resources Director or designee shall provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results. h) Ensure that no employee is the subject of any adverse employment action except emergency temporary reassignment or relief of paid duty during the pendency of any testing procedure. i) Store such test results in confidential medical files only.