Common use of Tests to be Conducted Clause in Contracts

Tests to be Conducted. In conducing the testing authorized by this Agreement, the Employer shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT) (b) select a laboratory or facility that conforms to all NIDA standards and DOT; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result; (d) collect a sufficient sample of the bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s right to privacy, ensure a high degree of security for the sample and its freedom from adulteration; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug or drug metabolites; (g) provide the tested employee with the opportunity to have an additional sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s own expense; provided the employee notifies the Employer within seventy-two (72) hours of receiving the results of the tests; (h) require that a laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and the confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer will not use such information in any manner or forum adverse to the employee’s interest; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions. (k) provide the employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (l) ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City of LaSalle shall: (a) a. use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Substance Abuse and Mental Health Services Administration (NIDA) and Department of Transportation (DOTSAMSHA); (b) select a b. ensure that the laboratory or facility that selected conforms to all NIDA standards and DOTSAMSHA standards; (c) c. establish a chain of custody procedure for both the sample collection collections and testing that will ensure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of this chain of custody; (d) collect a sufficient sample of the bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s right to privacy, ensure a high degree of security for the sample and its freedom from adulteration; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug or drug metabolites; (g) provide the tested employee with the opportunity to have an additional sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s own expense; provided the employee notifies the Employer within seventy-two (72) hours of receiving the results of the tests; (h) require that a laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and the confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer will not use such information in any manner or forum adverse to the employee’s interest; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) d. require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive; e. collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside for later testing if requested by the employee; f. collect samples in such a manner as to ensure a high degree of security for the sample and its freedom from adulteration; g. confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography/ mass spectrometry (Note: GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate detected drug or drug metabolites; h. require that the employee was under laboratory or hospital facility report to the influenceChief of Police that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing, but or the Employer shall bear the burden of proof in such cases); those testing .04 or higherresults thereof, will be removed from safety sensitive positions. (k) provide the employee tested with a copy of all information and reports received obtained by the Employer in connection City of LaSalle inconsistent with the understandings expressed herein (e.g. xxxxxxxx for testing and that reveal the resultsnature or number of tests administered). The City of LaSalle will not use such information in any manner or forum adverse to the employee’s interests; (l) ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer Village shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Substance Abuse and Mental Health Services Administration (NIDA) and Department of Transportation (DOTSAMHSA); (b) select a insure that the laboratory or facility that selected conforms to all NIDA standards and DOTSAMHSA standards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test result. No bargaining unit member covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee a bargaining unit member to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for to do later testing, testing if requested by the employeebargaining unit member; (e) collect samples in such a manner as to preserve the individual employee’s bargaining unit member=s right to privacy, ensure insure a high degree of security for the sample and its freedom from adulteration. Bargaining unit members shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a Aclean room@ for submitting samples or where there is reasonable belief that the bargaining unit member has attempted or may attempt to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the bargaining unit member tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s bargaining unit member=s own choosing, at the employee’s bargaining unit member=s own expense; provided the employee bargaining unit member notifies the Employer Village within seventy-two (72) hours of receiving the results of the teststest; (h) require that a the laboratory or hospital facility report to the Employer Village that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer Village inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer will not use such information in any manner or forum adverse to the employee’s interest; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions. (k) provide the employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (l) ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.e.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer Village shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act or that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a insure that the laboratory or facility that selected conforms to all NIDA standards and DOTstandards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s 's right to privacy, ensure insure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable belief that the employee has attempted or may attempt to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s 's own choosing, at the employee’s 's own expense; provided the employee notifies the Employer Village within seventy-seventy- two (72) hours of receiving the results of the tests; (h) require that a the laboratory or hospital facility report to the Employer Village that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer Village inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests test administered), the Employer Village will not use such information in any manner or forum adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .04 or more than .021 based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the positive. The foregoing standard standards shall not preclude the Employer Village from attempt attempting to show that test results between .02 and .04 of .021 or below demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.; (kj) provide the each employee tested with a copy of all information and reports received by the Employer Village in connection with the testing and the results; (lk) ensure insure that no employee is the subject of any adverse employment action except emergency temporary assignment reassignment or relief of from duty with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City shall: (a) use Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has been or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a insure that the laboratory or facility that selected conforms to all NIDA standards and DOTstandards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test result. No officer covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee officer to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s officer's right to privacy, ensure insure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s 's own choosing, at the employee’s 's own expense; provided the employee notifies the Employer Human Resources Director within seventy-two (72) hours of receiving the results of the teststests and provides a written copy of the subsequent test results to the Human Resources Director; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum form adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for test results that show an alcohol concentration of .01 or more based upon the purpose grams of determining whether the employee is under the influence alcohol per 100 milliliters of alcoholblood be considered positive (applies in situations covered by Section 5.14 (c); in cases covered by Section 5.14 (d), test results showing that show an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such casespositive); those testing .04 or higher, will be removed from safety sensitive positions.; (kj) provide documentation of a positive test result to the employee tested with officer including a copy of all information and reports received by the Employer City in connection with the testing and the results; (lk) ensure insure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing the conducting testing authorized by under this Agreementagreement, the Employer shall: (a) use only City shall ensure the following: • Any employee ordered to submit to drug testing will not be allowed to drive, and will be accompanied to the collection site by a clinical laboratory supervisor. The employee will not be allowed to return to work until the test results are known. • The City reserves the right to test for alcohol if an employee tests positive for any illegal drug or hospital facility that is licensed prescription drug in excess of the prescribed dosage. • Laboratories used for drug testing shall be certified in accordance with SAMHSA standards. • All procedures at a blood or urine collection site will be conducted in accordance with adopted standards and procedures pursuant to 49 CFR Part 40 as amended from time to time. No urine collection shall be witnessed unless there is reasonable suspicion that the Illinois Clinical Laboratory Act that employee has or is capable of being accredited by may attempt to tamper with the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT) (b) select a laboratory or facility that conforms to all NIDA standards and DOT; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result; (d) collect a sample. • A sufficient sample of the bodily fluid urine or material from an employee blood will be collected to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside reserved an adequate reserve for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve . • Provide the individual employee’s right to privacy, ensure a high degree of security for the sample and its freedom from adulteration; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or employee tested with an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug or drug metabolites; (g) provide the tested employee with the opportunity to have an the additional sample tested within forty-eight (48) hours of the ordered test by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s own expense; provided the employee notifies the Employer Human Resources Director within seventyforty-two eight (7248) hours of receiving the results of the employee’s independent tests; . • Urine testing will consist of an initial screening with an enzyme multiple immunoassay test (hEMIT) require and confirmatory testing shall be conducted with gas chromatography/mass spectrometry (GC/MS) or an equivalent or better scientifically accurate and accepted method that a provides quantitative data about the detected drug or drug metabolite. • Require that the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employee’s interest; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions. (k) provide the interests. • Provide each employee tested with a copy of all written information and reports received by the Employer City in connection with the testing and the results; (l) ensure . • Insure that no employee is the subject of any adverse employment action except emergency temporary assignment reassignment or relief of from duty with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result. For purposes of this agreement “under the influence” of alcohol shall mean a blood alcohol level equal or exceeding .02 grams of alcohol per 100 milliliters of blood as determined by evidential breath testing (EBT). A drug test will be deemed positive if it indicates the presence of any illegal drug, cannabis or any drug levels in excess of SAMHSA (Substance Abuse Mental Health Safety Administration). A positive cannabis test can be used to make a determination of on-duty impairment only if the employee exhibits other symptoms of impairment which are observed by a supervisory employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer shall: (a) use Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select Select a laboratory or facility that conforms to all NIDA standards and DOTstandards; (c) establish Establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test result; (d) collect Collect a sufficient sample of the bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, latter testing if requested by the employee; (e) collect Collect samples in such a manner as to preserve the individual employee’s 's right to privacy, ensure insure a high degree of security for the sample and its freedom from adulteration; (f) confirm Confirm any sample that tests positive in the initial screening for drugs by re-testing retesting the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide Provide the tested employee with the opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s 's own choosing, at the employee’s 's own expense; provided the employee notifies the Employer within seventy-two seventy‐two (72) hours of receiving the results of the tests; (h) require Require that a the laboratory or hospital facility report to the ‐the Employer that a blood or urine sample is positive only if both the initial screening and the confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer will not use such information in any manner or forum adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .04 .07 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive ‐positive (Note: the foregoing standard shall not preclude the Employer from attempt attempting to show that test results between .02 .01 and .04 .07 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.; (kj) provide Provide the employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (lk) ensure Insure that no employee is the subject of any adverse employment action acti on except emergency temporary assignment or relief of duty during the pendency pending of any testing procedure. Any such emergency reassignment or relief from duty d u t y shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Labor Agreement

Tests to be Conducted. In conducing the conducting testing authorized by under this Agreementagreement, the Employer shall: (a) use only City shall ensure the following:  Any employee ordered to submit to drug testing will not be allowed to drive, but will be accompanied to the collection site by a clinical laboratory supervisor and will not be allowed to return to work until the test results are known.  The City reserves the right to test for alcohol if an employee tests positive for any illegal drugs or hospital facility that is licensed prescription drugs in excess of the prescribed dosage.  Laboratories used for drug testing shall be certified in accordance with SAMHSA standards.  All procedures at a blood or urine collection site will be conducted in accordance with adopted standards and procedures pursuant to 49 CFR Part 40 as amended from time to time. No urine collection shall be witnessed unless there is reasonable suspicion that the Illinois Clinical Laboratory Act that employee has or is capable of being accredited by may attempt to tamper with the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT) (b) select a laboratory or facility that conforms to all NIDA standards and DOT; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result; (d) collect a sample.  A sufficient sample of the bodily fluid urine or material from an employee blood will be collected to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside reserved an adequate reserve for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve .  Provide the individual employee’s right to privacy, ensure a high degree of security for the sample and its freedom from adulteration; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or employee tested with an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug or drug metabolites; (g) provide the tested employee with the opportunity to have an the additional sample tested within forty-eight (48) hours of the ordered test by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s own expense; provided the employee notifies the Employer Human Resources Director within seventyforty-two eight (7248) hours of receiving the results of the employee’s independent tests; .  Urine testing will consist of an initial screening with an enzyme multiple immunoassay test (hEMIT) require and confirmatory testing shall be conducted with gas chromatography/mass spectrometry (GC/MS) or an equivalent or better scientifically accurate and accepted method that a provides quantitative data about the detected drug or drug metabolite.  Require that the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employee’s interest; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions. (k) provide the interests.  Provide each employee tested with a copy of all written information and reports received by the Employer City in connection with the testing and the results; (l) ensure .  Insure that no employee is the subject of any adverse employment action except emergency temporary assignment reassignment or relief of from duty with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result. For purposes of this agreement “under the influence” of alcohol shall mean a blood alcohol level equal or exceeding .02 grams of alcohol per 100 milliliters of blood as determined by evidential breath testing (EBT). A drug test will be deemed positive if it indicates the presence of any illegal drug or any drug levels in excess of SAMHSA (Substance Abuse Mental Health Safety Administration).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer shall: (a) A. use a breathalyzer as authorized and certified by the Illinois Department of Public Health; B. use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a C. insure that the laboratory or facility that selected conforms to all NIDA standards and DOTstandards; (c) D. establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (d) E. collect a sufficient sample of the same bodily fluid or material from an employee officer/corporal to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) F. collect samples in such a manner way as to preserve the individual employee’s 's right to privacy, ensure privacy and to insure a high degree of security scrutiny for the sample and its freedom from adulteration; (f) G. confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography mass mass, spectrometry (GCMSgcms) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) H. provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the ofthe employee’s own choosing, choosing and at the employee’s 's own expenseexpense within forty-eight (48) hours of the test results; provided the employee notifies the Employer within seventytwenty-two four (7224) hours of receiving the results of the tests; (h) I. require that a the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and the confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein (e.g.i.e., xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer will not use such information in any manner or forum adverse to the employee’s interest; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) 's interests; J. require that with regard to alcohol testing, for the purpose of determining whether the employee officer/corporal is under the influence of alcohol, test results showing that show an alcohol concentration of .04 or more above zero (0) based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.positive; (k) K. provide the each employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (l) ensure L. insure that no employee is the subject of any adverse employment action except emergency temporary assignment reassignment or relief of from duty with pay during the pendency of any testing procedure. Any such emergency temporary reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Labora- tory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a insure that the laboratory or facility that conforms selected con- forms to all NIDA standards and DOTstandards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test resultre- xxxx. No employee covered by this Agreement shall be permitted at any time to become a part of such chain custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s 's right to privacy, ensure insure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a xxx- ple, except in circumstances where the laboratory or facility does not have a "clean room" for submit- ting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically sci- entifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory la- boratory or hospital facility of the employee’s own choosing, at the employee’s 's own expense; provided provid- ed the employee notifies the Employer Human Resources Director within seventy-two (72) hours of receiving the results of the tests; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed ex- pressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 the State of Illi- nois Motor Vehicle legal limit or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positionspositive. (kj) provide the each employee tested with a copy of all information in- formation and reports received by the Employer City in connection con- nection with the testing and the results; (lk) ensure insure that no employee is the subject of any adverse ad- verse employment action except emergency temporary assignment or relief of duty tem- porary reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Substance Abuse Management Health & Safety Administration (NIDA) and Department of Transportation (DOTSAMHSA); (b) select a laboratory or facility that conforms to all NIDA standards SAMHSA standards; and DOT;it shall (ci) establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result; and provide a designated Medial Review Officer (MRO) who is certified by the State of Illinois to review drug and/or alcohol testing results; (dii) collect a sufficient sample of the bodily fluid or material from an employee to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside reserved for later testing, latter testing if requested by the employee; (eiii) collect samples in such a manner as to preserve the individual employee’s 's right to privacy, ensure a high degree of security for the sample and its freedom from adulteration; (fiv) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (gc) provide the tested employee with the opportunity to have an the additional sample tested by a SAMHSA certified clinical laboratory or hospital facility of the employee’s 's own choosing, at the employee’s 's own expense; provided the employee notifies the Employer in writing within seventy-two (72) hours of receiving the results one year of the testsdate of collection; (hd) require that a the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and the confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing testing, or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer will not use such information in any manner or forum adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (je) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt attempting to show that test results between .02 .01 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.; (kf) provide the employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (lg) ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City of LaSalle shall: (a) use a. Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable cap able of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a b. Ensure that the laboratory or facility that selected conforms to all NIDA standards and DOTstandards; (c) establish c. Establish a chain of custody procedure for both the sample collection collections and testing that will ensure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of this chain of custody; (d) collect d. Require that with regard to alcohol testing, for the purpose of determining whether the Engineer- EMT`s is under the influence of alcohol, test results that show an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood to be considered positive; e. Collect a sufficient sample of the same bodily fluid or material from an employee officer to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employeeofficer; (e) collect f. Collect samples in such a manner as to preserve the individual employee’s right to privacy, ensure a high degree of security for the sample and its freedom from adulteration; (f) confirm g. Confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography/mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide h. Require that the tested employee with the opportunity to have an additional sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s own expense; provided the employee notifies the Employer within seventy-two (72) hours of receiving the results of the tests; (h) require that a laboratory or hospital facility report to the Employer Fire Chief that a blood or urine sample is positive only if both the initial screening and confirmation test are positive only if both the initial screening and confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing testing, or the results thereof thereof, be obtained by the Employer City of LaSalle inconsistent with the understandings expressed herein (e.g., xxxxxxxx e.g. billing for testing that reveal the nature or number of the tests administered), the Employer . The City of LaSalle will not use such information in any manner or forum adverse to the employee’s interestinterests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with i. Consider test results higher than along with all other relevant evidence on the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose issue of determining whether the or not an employee is was under the influence of alcohol, test results showing an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.; (k) provide the j. Provide each employee tested with a copy of all information and reports received by the Employer City of LaSalle in connection with the testing and the resultsresults at no cost to the employee; (l) ensure k. Ensure that no employee is the subject of any adverse employment action action, except emergency temporary assignment reassignment or relief of from duty with pay, during the pendency of any testing procedure. Any such emergency temporary reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Labor Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT)HHS/SAMHSA; (b) select a ensure that the laboratory or facility that selected conforms to all NIDA standards and DOTHHS/SAMHSA standards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s 's right to privacy, ensure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s 's own choosing, at the employee’s 's own expense; provided the employee notifies the Employer Human Resources Director or his or her designee within seventy-two (72) hours of receiving the results of the tests; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 .040 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.positive; (kj) provide the each employee tested with a copy of all information and reports received by the Employer City in connection with the testing and the results; (lk) ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer Village shall: (a) use Use only a clinical laboratory or hospital facility that which is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited certified by the National Institute State of Drug Abuse (NIDA) and Department of Transportation (DOT)Illinois to perform drug and/or alcohol testing. (b) select a laboratory or facility that conforms to all NIDA standards and DOT; (c) establish Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result;. (dc) collect Collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside reserved for later testing, testing if requested required by the employee;. (ed) collect Collect samples in such a manner as to preserve the individual employee’s right to privacy, ensure privacy while insuring a high degree of security for the sample and its freedom from adulteration;. Employees shall not be witnessed by anyone while submitting a sample except in circumstances where the laboratory or facility does not have a “clean room” for submitting samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. (fe) confirm Confirm any sample that tests positive in the initial screening for drugs by re-testing and the second portion of the same sample by gas chromatography chromatography/mass spectrometry (GCMSGC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites;. (gf) provide Provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s own expense; provided the employee notifies the Employer Village within seventy-two (72) hours of receiving the results of the tests;test. (hg) require Require that a the laboratory or hospital facility report to the Employer Village that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer Village inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer will Villagewill not use such information in any manner or forum form adverse to the employee’s interest; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positionsinterests. (jh) require Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .04 .020 or more based upon the grams of alcohol per 100 milliliters millimeters of blood be considered positive positive. (NoteNOTE: the The foregoing standard shall not preclude the Employer Village from attempt attempting to show that test results between .02 and .04 below .020 demonstrate that the employee was under the influenceinfluence or had otherwise violated Village policies, but the Employer Village shall bear the burden of proof in such cases.); those testing .04 or higher, will be removed from safety sensitive positions. (ki) provide the Provide each employee tested with a copy of all information and reports received by the Employer Village in connection with the testing and the results;. (lj) ensure Ensure that no employee is the subject of any adverse employment action except emergency temporary assignment reassignment or relief of duty during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a ensure that the laboratory or facility that selected conforms to all NIDA standards and DOTstandards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s 's right to privacy, ensure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s 's own choosing, at the employee’s 's own expense; provided the employee notifies the Employer Human Resources Director or his or her designee within seventy-two (72) hours of receiving the results of the tests; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 .040 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.positive; (kj) provide the each employee tested with a copy of all information and reports received by the Employer City in connection with the testing and the results; (lk) ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a ensure that the laboratory or facility that selected conforms to all NIDA standards and DOTstandards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s 's right to privacy, ensure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s 's own choosing, at the employee’s 's own expense; provided the employee notifies the Employer Human Resources Director within seventy-two (72) hours of receiving the results of the tests; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 .040 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.positive; (kj) provide the each employee tested with a copy of all information and reports received by the Employer City in connection with the testing and the results; (lk) ensure insure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT)HHS/SAMHSA; (b) select a ensure that the laboratory or facility that selected conforms to all NIDA standards and DOTHHS/SAMHSA standards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s 's right to privacy, ensure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s 's own choosing, at the employee’s 's own expense; provided the employee notifies the Employer Human Resources Director within seventy-two (72) hours of receiving the results of the tests; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 .040 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.positive; (kj) provide the each employee tested with a copy of all information and reports received by the Employer City in connection with the testing and the results; (lk) ensure insure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City shall: (a) use a. Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Substance Abuse and Mental Health Services Administration (NIDA) and Department of Transportation (DOTSAMHSA); (b) select a b. Insure that the laboratory or facility that selected conforms to all NIDA standards and DOTSAMHSA standards; (c) establish c. Establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test result;. No employee below the rank of Lieutenant covered by this Agreement shall be permitted at any time to become a part of such chain of custody. (d) collect d. Collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect e. Collect samples in such a manner as to preserve the individual employee’s right to privacy, ensure insure a high degree of security for of the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a “clean room” for submitting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure; (f) confirm f. Confirm any sample that tests test positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug or drug metabolites; (g) provide g. Provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s own expense; provided the employee notifies the Employer Chief within seventy-two (72) hours of receiving the results of the tests; (h) require h. Require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and confirmation test are positive only if both the initial screening and confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employee’s interestinterests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require i. Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results that showing an any alcohol concentration of .04 of.05 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.positive; (k) provide the j. Provide each employee tested with a copy of all information and reports received by the Employer City in connection with the testing and the results; (l) ensure k. Ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City shall: (a) use Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has been or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a insure that the laboratory or facility that selected conforms to all NIDA standards and DOTstandards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test result. No officer covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee officer to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s officer's right to privacy, ensure insure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s 's own choosing, at the employee’s 's own expense; provided the employee notifies the Employer Human Resources Director within seventy-two (72) hours of receiving the results of the teststests and provides a written copy of the subsequent test results to the Human Resources Director; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum form adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for test results that show an alcohol concentration of .01 or more based upon the purpose grams of determining whether the employee is under the influence alcohol per 100 milliliters of alcoholblood be considered positive (applies in situations covered by Section 5.14 (c); in cases covered by Section 5.14 (d), test results showing that show an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such casespositive); those testing .04 or higher, will be removed from safety sensitive positions.; (kj) provide documentation of a positive test result to the employee tested with officer including a copy of all information and reports received by the Employer City in connection with the testing and the results; (lk) ensure insure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer University shall: (a) use Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being been accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a laboratory or facility that conforms to all NIDA standards and DOT; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result; (d) collect a sufficient sample of the bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, if requested by the employee; (e) collect samples in such a manner Use as to preserve the individual employee’s right to privacy, ensure a high degree of security for the sample and its freedom from adulteration; (f) confirm any sample that tests positive in the initial screening for drugs by reimmunoassay (IA) step a rapid semi-testing quantitative chemical test which uses a specific antibody to react with the second portion drug or metabolite of interest. The confirmation assay used in the same sample by gas chromatography mass spectrometry drug or metabolite of interest. The confirmation assay used in the drug analysis procedure shall be Gas Chromatography/Mass Spectrometry (GCMS) GC/MS), or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (gc) provide Establish a chain of custody procedure for both sample collection and testing that will ensure the integrity of each sample and test result. No employee covered by the Agreement shall be permitted at any time to become a part of such chain of custody; d) Collect a sufficient sample of the same bodily fluid or material for the purpose of drug testing of an employee to allow for initial screening, a confirming test and a sufficient amount to be set aside reserved for later testing if requested by the employee. This will not apply to alcohol testing as this will be done on a breathalyzer as specified by Section 5, Paragraph h of this policy; e) Collect samples in such a way as to preserve the employee’s right to privacy and to ensure a high degree of scrutiny for the sample and its freedom fromadulteration; f) Provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility accredited by (NIDA) of the employee’s own choosing, choosing and at the employee’s own expense; expense within forty-eight (48) hours of the confirmed test results, provided the employee notifies the Employer University in writing within seventytwenty-two four (7224) hours of receiving the results result of the tests; (hg) require Require that a the laboratory or hospital facility report to the Employer University that a blood or urine sample is positive only if both the initial screening and the confirmation tests are positive for a particular drugdrug or alcohol. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer University inconsistent with the understandings expressed herein (e.g., i.e. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer University will not use such information in any manner or forum adverse to the employee’s interest; (ih) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood higher be considered positive (Note: and such tests to be performed on an Intoximeter RBT4 or whatever equivalent machine is deemed necessary at the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 time by clinical laboratory or higher, will be removed from safety sensitive positions.hospital facility; (ki) provide the Provide each employee tested with a copy of all information and reports received by the Employer University in connection with the testing and the results. Test results shall be communicated to and interpreted by a physician who is designated as the Medical Review Officer (MRO). Both positive and negative test results will be reported to the Chief of Police and other University officials on a strict “need to know” basis. Prior to reporting positive test results, the MRO is required to contact the employee involved to determine whether there is any alternative explanation for the presence of the controlled substance. If the MRO determines that the presence of the prohibited drug is due to legitimate medical use, the test will be reported as negative; (lj) ensure Ensure that no employee is the subject of any adverse employment action except emergency temporary assignment reassignment or relief of from duty with pay during the pendency of any testing procedure. Any such emergency temporary reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT)SAMHSA; (b) select a insure that the laboratory or facility that selected conforms to all NIDA standards and DOTSAMHSA standards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test result. No officer covered by this Agreement shall be permitted at any time to become a part of such chain custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee officer to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employeeofficer; (e) collect samples in such a manner as to preserve the individual employeeofficer’s right to privacy, ensure privacy and to insure a high degree of security for the sample and its freedom from adulteration. Officers shall not be witnessed by anyone while submitting a sample, except in circumstances where there is reasonable belief that the officer has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the officer tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employeeofficer’s own choosing, at the employeeofficer’s own expense; provided the employee officer notifies the Employer Human Resources Director within seventy-two (72) hours of receiving the results of the teststests and provides a written copy of the subsequent test results to the Human Resources Director; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employeeofficer’s interestinterests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee officer is under the influence of alcoholimpaired, test results showing that show an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive positive. (Note: the foregoing standard shall not preclude the Employer City from attempt attempting to show that test results between .02 and .04 demonstrate that the employee officer was under the influenceimpaired, but the Employer City shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.; (kj) provide documentation of a positive test result to the employee tested with officer including a copy of all information and reports received by the Employer City in connection with the testing and the results; (lk) ensure insure that no employee officer is the subject of any adverse employment action except emergency temporary assignment or relief of duty reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer shall: (a) a. use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT) (b) b. select a laboratory or facility that conforms to all NIDA standards and DOT; (c) c. establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result; (d) d. collect a sufficient sample of the bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, if requested by the employee; (e) e. collect samples in such a manner as to preserve the individual employee’s right to privacy, ensure a high degree of security for the sample and its freedom from adulteration; (f) f. confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug or drug metabolites; (g) g. provide the tested employee with the opportunity to have an additional sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s own expense; provided the employee notifies the Employer within seventy-two (72) hours of receiving the results of the tests; (h) h. require that a laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and the confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer will not use such information in any manner or forum adverse to the employee’s interest; (i) i. require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) j. require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions. (k) x. provide the employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (l) l. ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Tests to be Conducted. In conducing the testing authorized by this Agreement, the Employer shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT)SAMHSA; (b) select a insure that the laboratory or facility that selected conforms to all NIDA standards and DOTSAMHSA standards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test result. No officer covered by this Agreement shall be permitted at any time to become a part of such chain custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee officer to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employeeofficer; (e) collect samples in such a manner as to preserve the individual employeeofficer’s right to privacy, ensure privacy and to insure a high degree of security for the sample and its freedom from adulteration. Officers shall not be witnessed by anyone while submitting a sample, except in circumstances where there is reasonable belief that the officer has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the officer tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employeeofficer’s own choosing, at the employeeofficer’s own expense; provided the employee officer notifies the Employer Human Resources Director within seventy-two (72) hours of receiving the results of the teststests and provides a written copy of the subsequent test results to the Human Resources Director; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employeeofficer’s interestinterests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee officer is under the influence of alcoholimpaired, test results showing that show an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive positive. (Note: the foregoing standard shall not preclude the Employer City from attempt attempting to show that test results between .02 and .04 demonstrate that the employee officer was under the influenceimpaired, but the Employer City shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.; (kj) provide documentation of a positive test result to the employee tested with officer including a copy of all information and reports received by the Employer City in connection with the testing and the results; (lk) ensure insure that no employee officer is the subject of any adverse employment action except emergency temporary assignment or relief of duty reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer shall:Village of Chatham shall follow the guidelines of the 3rd party vendor, Midwest Trucker’s Association. Said guidelines are attached as Appendix A. This also confirms all drug and/or alcohol testing shall not be done until after 1:00 P.M. (a) use Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a Insure that the laboratory or facility that selected conforms to all NIDA standards and DOTstandards; (c) establish Establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (d) collect Collect a sufficient sample of the same bodily fluid or material from an employee officer to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect Collect samples in such a manner as to preserve the individual employee’s right to privacy, ensure insure a high degree of security for the sample and its freedom from adulteration; (f) confirm Confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography mass spectrometry (GCMSgcms) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide Provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s own expense; provided the employee notifies the Employer Village of Chatham within seventy-two (72) hours of receiving the results of the tests; (h) require Require that a the laboratory or hospital facility report to the Employer Village of Chatham that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer Village of Chatham inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer Village will not use such information in any manner or forum adverse to the employee’s interestinterests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 .08 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive positive. (Note: the foregoing standard shall not preclude the Employer Village of Chatham from attempt attempting to show that test tests results between .02 .05 and .04 .08 demonstrate that the employee was under the influence, but the Employer Village shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.; (kj) provide the Provide each employee tested with a copy of all information and reports received by the Employer Village in connection with the testing and the results; (l) ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer University shall: (a) use : Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being been accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT) (b) select a laboratory or facility that conforms to all NIDA standards and DOT; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result; (d) collect a sufficient sample of the bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, if requested by the employee; (e) collect samples in such a manner ; Use as to preserve the individual employee’s right to privacy, ensure a high degree of security for the sample and its freedom from adulteration; (f) confirm any sample that tests positive in the initial screening for drugs by reimmunoassay (IA) step a rapid semi-testing quantitative chemical test which uses a specific antibody to react with the second portion drug or metabolite of interest. The confirmation assay used in the same sample by gas chromatography mass spectrometry drug analysis procedure shall be Gas Chromatography/Mass Spectrometry (GCMS) GC/MIS), or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; ; Establish a chain of custody procedure for both sample collection and testing that will ensure the integrity of each sample and test result. No employee covered by the Agreement shall be permitted at any time to become a part of such chain of custody; Collect a sufficient sample of the same bodily fluid or material for the purpose of drug testing of an employee to allow for initial screening, a confirming test and a sufficient amount to be set aside reserved for later testing if requested by the employee. This will not apply to alcohol testing as this will be done on a breathalyzer as specified by Section 5, Paragraph (gh) provide of this policy, Collect samples in such a way as to preserve the employee’s right to privacy and to ensure a high degree of scrutiny for the sample and its freedom from adulteration; Provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility accredited by (NIDA) of the employee’s own choosing, choosing and at the employee’s own expense; expense within forty-eight (48) hours of the confirmed test results, provided the employee notifies the Employer University in writing within seventytwenty-two (72) hours of receiving the results of the tests; (h) require that a laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and the confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer will not use such information in any manner or forum adverse to the employee’s interest; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions. (k) provide the employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (l) ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.four

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a ensure that the laboratory or facility that selected conforms to all NIDA standards and DOTstandards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s 's right to privacy, ensure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s 's own choosing, at the employee’s 's own expense; provided the employee notifies the Employer Human Resources Director or his or her designee within seventy-two (72) hours of receiving the results of the tests; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 .040 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.positive; (kj) provide the each employee tested with a copy of all information and reports received by the Employer City in connection with the testing and the results; (lk) ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Labora- tory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT)HHS/SAMHSA; (b) select a insure that the laboratory or facility that conforms selected con- forms to all NIDA standards and DOTHHS/SAMHSA standards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test resultre- xxxx. No employee covered by this Agreement shall be permitted at any time to become a part of such chain custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s 's right to privacy, ensure insure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a xxx- ple, except in circumstances where the laboratory or facility does not have a "clean room" for submit- ting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically sci- entifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory la- boratory or hospital facility of the employee’s own choosing, at the employee’s 's own expense; provided provid- ed the employee notifies the Employer Human Resources Director within seventy-two (72) hours of receiving the results of the tests; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed ex- pressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 the State of Illi- nois Motor Vehicle legal limit or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positionspositive. (kj) provide the each employee tested with a copy of all information in- formation and reports received by the Employer City in connection con- nection with the testing and the results; (lk) ensure insure that no employee is the subject of any adverse ad- verse employment action except emergency temporary assignment or relief of duty tem- porary reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty re- assignment shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a insure that the laboratory or facility that selected conforms to all NIDA standards and DOTstandards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s 's right to privacy, ensure insure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s 's own choosing, at the employee’s 's own expense; provided the employee notifies the Employer Human Resources Director or his or her designee within seventy-two (72) hours of receiving the results of the tests; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 .040 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.positive; (kj) provide the each employee tested with a copy of all information and reports received by the Employer City in connection with the testing and the results; (lk) ensure insure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer shall:Village of Chatham shall follow the guidelines of the 3rd party vendor, Midwest Trucker’s Association. Said guidelines are attached as Appendix A. This also confirms all drug and/or alcohol testing shall not be done until after 1:00 P.M. (a) use Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a Insure that the laboratory or facility that selected conforms to all NIDA standards and DOTstandards; (c) establish Establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody; (d) collect Collect a sufficient sample of the same bodily fluid or material from an employee officer to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect Collect samples in such a manner as to preserve the individual employee’s right to privacy, ensure insure a high degree of security for the sample and its freedom from adulteration; (f) confirm Confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography mass spectrometry (GCMSgcms) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide Provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s own expense; provided the employee notifies the Employer Village of Chatham within seventy-seventy- two (72) hours of receiving the results of the tests; (h) require Require that a the laboratory or hospital facility report to the Employer Village of Chatham that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer Village of Chatham inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employee’s interestinterests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 .08 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive positive. (Note: the foregoing standard shall not preclude the Employer Village of Chatham from attempt attempting to show that test tests results between .02 .05 and .04 .08 demonstrate that the employee was under the influence, but the Employer Village shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.; (kj) provide the Provide each employee tested with a copy of all information and reports received by the Employer Village in connection with the testing and the results; (l) ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Substance Abuse and Mental Health Services Administration (NIDASAMHSA) and or the U.S. Department of Transportation Health and Human Services (DOTDHHS); (b) select a ensure that the laboratory or facility that selected conforms to all NIDA standards SAMHSA and DOTDHHS standards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. No employee of the City of Monmouth shall be permitted at any time to become a part of such chain of custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s right to privacy, ensure insure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a “clean room” for submitting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug or drug metabolites; (g) provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s own expense; provided the employee notifies the Employer Chief within seventy-two (72) hours of receiving the results of the tests; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employee’s interestinterests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 .05 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.positive; (kj) provide the each employee tested with a copy of all information and reports received by the Employer City in connection with the testing and the results; (lk) ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer City shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Labora- tory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a insure that the laboratory or facility that conforms selected con- forms to all NIDA standards and DOTstandards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test resultre- xxxx. No employee covered by this Agreement shall be permitted at any time to become a part of such chain custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s 's right to privacy, ensure insure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a xxx- ple, except in circumstances where the laboratory or facility does not have a "clean room" for submit- ting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically sci- entifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s 's own expense; provided the employee notifies the Employer Human Re- sources Director within seventy-two (72) hours of receiving the results of the tests; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer City inconsistent with the understandings expressed ex- pressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer City will not use such information in any manner or forum adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 the State of Illi- nois Motor Vehicle legal limit or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positionspositive. (kj) provide the each employee tested with a copy of all information in- formation and reports received by the Employer City in connection con- nection with the testing and the results; (lk) ensure insure that no employee is the subject of any adverse ad- verse employment action except emergency temporary assignment or relief of duty tem- porary reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing Conducting the testing authorized by this Agreement, the Employer shall: (a) use Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select Select a laboratory or facility that conforms to all NIDA standards and DOTstandards; (c) establish Establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test result; (d) collect Collect a sufficient sample of the bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, latter testing if requested by the employee; (e) collect Collect samples in such a manner as to preserve the individual employee’s 's right to privacy, ensure insure a high degree of security for the sample and its freedom from adulteration; (f) confirm Confirm any sample that tests positive in the initial screening for drugs by re-testing retesting the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide Provide the tested employee with the opportunity to have an the additional sample tested by a clinical laboratory or hospital facility of the employee’s 's own choosing, at the employee’s 's own expense; provided the employee notifies the Employer within seventy-two (72) hours of receiving the results of the tests; (h) require Require that a the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and the confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein (e.g., e.g. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer will not use such information in any manner or forum adverse to the employee’s interest's interests; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .04 .074 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt attempting to show that test results between .02 .01 and .04 .074 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions.; (kj) provide Provide the employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (lk) ensure Insure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty during the pendency pending of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Labor Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, Agreement the Employer University shall: (a) use Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being been accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT); (b) select a laboratory or facility that conforms to all NIDA standards and DOT; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result; (d) collect a sufficient sample of the bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, if requested by the employee; (e) collect samples in such a manner Use as to preserve the individual employee’s right to privacy, ensure a high degree of security for the sample and its freedom from adulteration; (f) confirm any sample that tests positive in the initial screening for drugs by reimmunoassay (IA) step a rapid semi-testing quantitative chemical test which uses a specific antibody to react with the second portion drug or metabolite of interest. The confirmation assay used in the same sample by gas chromatography mass spectrometry drug or metabolite of interest. The confirmation assay used in the drug analysis procedure shall be Gas Chromatography/Mass Spectrometry (GCMS) GC/MS), or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (gc) provide Establish a chain of custody procedure for both sample collection and testing that will ensure the integrity of each sample and test result. No employee covered by the Agreement shall be permitted at any time to become a part of such chain of custody; d) Collect a sufficient sample of the same bodily fluid or material for the purpose of drug testing of an employee to allow for initial screening, a confirming test and a sufficient amount to be set aside reserved for later testing if requested by the employee. This will not apply to alcohol testing as this will be done on a breathalyzer as specified by Section 5, Paragraph h of this policy; e) Collect samples in such a way as to preserve the employee's right to privacy and to ensure a high degree of scrutiny for the sample and its freedom from adulteration; f) Provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory or hospital facility accredited by (NIDA) of the employee’s 's own choosing, choosing and at the employee’s own expense; 's expense within forty-eight (48) hours of the confirmed test results, provided the employee notifies the Employer University in writing within seventytwenty-two four (7224) hours of receiving the results result of the tests; (hg) require Require that a the laboratory or hospital facility report to the Employer University that a blood or urine sample is positive only if both the initial screening and the confirmation tests are positive for a particular drugdrug or alcohol. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer University inconsistent with the understandings expressed herein (e.g., i.e. xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer University will not use such information in any manner or forum adverse to the employee’s 's interest; (ih) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing that show an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: and such tests to be performed on an Intoximeter RBT4 or whatever equivalent machine is deemed necessary at the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 time by clinical laboratory or higher, will be removed from safety sensitive positions.hospital facility; (ki) provide the Provide each employee tested with a copy of all information and reports received by the Employer The University in connection with the testing and the results. Test results shall be communicated to and interpreted by a physician who is designated as the Medical Review Officer (MRO). Both positive and negative test results will be reported to the Chief of Police and other University officials on a strict "need to know" basis. Prior to reporting positive test results, the MRO is required to contact the employee involved to determine whether there is any alternative explanation for the presence of the controlled substance. If the MRO determines that the presence of the prohibited drug is due to legitimate medical use, the test will be reported as negative; (lj) ensure Ensure that no employee is the subject of any adverse employment action except emergency temporary assignment reassignment or relief of from duty with pay during the pendency of any testing procedure. Any such emergency temporary reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized au- thorized by this Agreement, the Employer City shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation (DOT)HHS/SAMHSA; (b) select a insure that the laboratory or facility that conforms selected con- forms to all NIDA standards and DOTHHS/SAMHSA standards; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity in- tegrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain custody; (d) collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screeningscreen- ing, a confirmatory test and a sufficient amount to be set aside reserved for later testing, testing if requested by the employeeemploy- ee; (e) collect samples in such a manner as to preserve the individual employee’s 's right to privacy, ensure insure a high degree of security for the sample and its freedom from adulteration. Employees shall not be wit- nessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable belief that the employ- ee has attempted to compromise the accuracy of the testing procedure; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug drug or drug metabolites; (g) provide the employee tested employee with the an opportunity to have an the additional sample tested by a clinical laboratory la- boratory or hospital facility of the employee’s own choosing, at the employee’s 's own expense; provided the employee notifies the Employer Human Resources Direc- tor within seventy-two (72) hours of receiving the results re- sults of the tests; (h) require that a the laboratory or hospital facility report to the Employer City that a blood or urine sample is positive only if both the initial screening and the confirmation tests test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent City incon- sistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer will not use such information in any manner or forum adverse to the employee’s interest; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions. (k) provide the employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (l) ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.e.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Tests to be Conducted. In conducing conducting the testing authorized by this Agreement, the Employer shall: (a) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA) and Department of Transportation Transportations (DOT) (b) select a laboratory or facility that conforms to all NIDA standards and DOT; (c) establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result; (d) collect a sufficient sample of the bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing, if requested by the employee; (e) collect samples in such a manner as to preserve the individual employee’s right to privacy, ensure a high degree of security for the sample and its freedom from adulteration; (f) confirm any sample that tests positive in the initial screening for drugs by re-testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected rug or drug metabolites; (g) provide the tested employee with the opportunity to have an additional sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s own expense; provided the employee notifies the Employer within seventy-two (72) hours of receiving the results of the tests; (h) require that a laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and the confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein (e.g., xxxxxxxx for testing that reveal the nature or number of the tests administered), the Employer will not use such information in any manner or forum adverse to the employee’s interest; (i) require that with regard to drug testing, for the purpose of determining whether the employee is under the influence of drugs on a 5 panel drug test with test results higher than the following: Amphetamines 1000ng/ml Cocaine Metabolites 300ng/ml Marijuana Metabolites 50ng/ml Opiates 2000ng/ml Phencyclidine 25ng/ml those Those testing higher will be removed from safety sensitive positions. (j) require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .04 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempt to show that test results between .02 and .04 demonstrate that the employee was under the influence, but the Employer shall bear the burden of proof in such cases); those testing .04 or higher, will be removed from safety sensitive positions. (k) provide the employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results; (l) ensure that no employee is the subject of any adverse employment action except emergency temporary assignment or relief of duty during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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