Common use of Tests to be Conducted Clause in Contracts

Tests to be Conducted. In 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 Substance Abuse and Mental Health Services Administration (SAMHSA); and which has a medical review officer on staff to review the records. B. Ensure that the laboratory or facility selected conforms to all SAMHSA standards. C. Establish a chain of custody procedure for both the sample collection and testing that will ensure that 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 resolved 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, but also to insure 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 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 drug or drug metabolites. G. Provide the employee tested with an opportunity to have the additional reserved sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s expense; provided the employee notifies the Employer within seventy-two hours of receiving the results of the test, and provided that the clinical laboratory or hospital facility conforms the same criteria as set forth above. H. Require that the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and confirmation test is positive for a particular drug. The parties agree that should any information concerning such testing or results thereof be obtained by the Employer inconsistent with the understanding expressed herein (e.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Tests to be Conducted. In 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 Substance Abuse and Mental Health Services Administration (SAMHSA); and which has a medical review officer on staff to review the records. B. Ensure Insure that the laboratory or facility selected conforms to all SAMHSA standards. C. Establish a chain of custody procedure for both the sample collection and testing that will ensure insure that 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 resolved 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, but also to insure 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 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 drug or drug metabolites. G. Provide the employee tested with an opportunity to have the additional reserved sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s expense; provided the employee notifies the Employer within seventy-two hours of receiving the results of the test, and provided that the clinical laboratory or hospital facility conforms the same criteria as set forth above. H. Require that the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and confirmation test is positive for a particular drug. The parties agree that should any information concerning such testing or results thereof be obtained by the Employer inconsistent with the understanding expressed herein (e.e.g. xxxxxxxx for testing that reveal the nature or number of test administered), the Employer will not use such information in any manner or forum adverse to the Employee’s interests. This is intended to protect the confidentiality of such information and shall not prohibit the Employer from using positive test results in any disciplinary action or proceeding against the affected Employee. I. 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 .02 or more based upon the grams of alcohol per 100 millimeters of blood be considered positive. Anything below .02 would be considered negative. J. Provide each Employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results within three (3) days of receipt. K. Insure that no Employee is subject of any adverse employment action except emergency temporary reassignment or relief from duty with pay during the pendent 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 conducting the testing authorized by this Agreement, the Employer City 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 Substance Abuse and Mental Health Services Administration (SAMHSA); and which has a medical review officer on staff to review the records.; B. Ensure b. Insure that the laboratory or facility selected conforms to all SAMHSA standards.; C. c. Establish a chain of custody procedure for both the sample collection and testing that will ensure that insure the integrity of the identity of each sample and test result. No Employee 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. d. Collect a sufficient sample of the same bodily fluid or material from an Employee employee to allow for initial screening, a confirmatory test resolved and a sufficient amount to be set aside reserved for later testing if requested by the Employee.employee; E. e. Collect samples in such a manner as to preserve the individual Employeeemployee’s right to privacy, but also to 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. f. Confirm any sample that tests test positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography chromatography, plus mass spectrometry (GCMS) or an equivalent, equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites.accepted G. g. Provide the employee tested with an opportunity to have the additional reserved 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 test, and provided that the clinical laboratory or hospital facility conforms the same criteria as set forth above.tests; H. h. 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 confirmation test is are 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 or the results thereof be obtained by the Employer City inconsistent with the understanding understandings expressed herein (e.e.g. xxxxxxxx for testing that reveal the nature or number of tests administered), the City will not use such information in any manner or forum adverse to the employee’s interests; 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 any alcohol concentration of.05 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive; j. Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results; k. Ensure that no employee is the subject of any adverse employment action except emergency temporary reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment 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 conducting the testing authorized by this the Agreement, the Employer College 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 Substance National Institute of Drug Abuse and Mental Health Services Administration (SAMHSA); NIDA) and which has a medical review officer on staff to review the records. B. Ensure Insure that the laboratory or facility selected conforms to all SAMHSA NIDA standards. C. Establish a chain of custody procedure for both the sample collection and testing that will ensure insure that integrity of the identity of each sample and test result. No Employee 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 employee to allow for initial screening, a confirmatory test resolved for later testing if requested by the Employeeemployee. E. Collect samples in such a manner as to preserve the individual Employeeemployee’s right to privacy, but also to insure 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 testing the second portion of the same sample by gas chromatography mass spectrometry (GCMSGMCS) or an equivalent, equivalent or a better scientifically accurate and accepted method that provides provided quantitative data about the detected drug or drug metabolites. G. Provide the employee tested with an opportunity to have the additional reserved sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s expense; , provided the employee notifies the Employer College within seventy-two (72) hours of receiving the results of the test, and provided that the clinical laboratory or hospital facility conforms the same criteria as set forth above. H. Require that the laboratory or hospital facility report to the Employer College that a blood or urine sample is positive only if both the initial screening and confirmation test is positive for a particular drug. The parties agree that should any information concerning such testing or results thereof be obtained by the Employer College that is inconsistent with the understanding expressed herein (e.e.g. xxxxxxxx for testing that reveal the nature or number of tests administered), the College will not use such information in any manner or forum adverse to the employee’s interests. This is intended to protect the confidentiality of such information and shall not prohibit the College from using positive test results in any disciplinary action or proceeding against the affected employee. I. 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 .02 or more based upon the grams of alcohol per 100 millimeters of blood be considered positive. Anything below .02 would be considered negative. J. Provide each employee tested with a copy of all information and reports received by the College in connection with the testing and the results within three (3) days of receipt. K. Insure that no employee is subject to any adverse employment action except emergency temporary reassignment or relief from duty with pay pending results 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 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 Substance Abuse and Mental Health Services Administration (SAMHSA); and which has a medical review officer on staff to review the records. B. Ensure Insure that the laboratory or facility selected conforms to all SAMHSA standards. C. Establish X. Xxxxxxxxx a chain of custody procedure for both the sample collection and testing that will ensure insure that 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 resolved 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, but also to insure 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 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 drug or drug metabolites. G. X. Provide the employee tested with an opportunity to have the additional reserved sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s expense; provided the employee notifies the Employer within seventy-two hours of receiving the results of the test, and provided that the clinical laboratory or hospital facility conforms the same criteria as set forth above. H. Require that the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and confirmation test is positive for a particular drug. The parties agree that should any information concerning such testing or results thereof be obtained by the Employer inconsistent with the understanding expressed herein (e.e.g. xxxxxxxx for testing that reveal the nature or number of test administered), the Employer will not use such information in any manner or forum adverse to the Employee’s interests. This is intended to protect the confidentiality of such information and shall not prohibit the Employer from using positive test results in any disciplinary action or proceeding against the affected Employee. I. 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 .02 or more based upon the grams of alcohol per 100 millimeters of blood be considered positive. Anything below .02 would be considered negative. J. Provide each Employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results within three (3) days of receipt. K. Insure that no Employee is subject of any adverse employment action except emergency temporary reassignment or relief from duty with pay during the pendent 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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