Common use of TOXICOLOGY AND ALCOHOL TESTING Clause in Contracts

TOXICOLOGY AND ALCOHOL TESTING. The County and the Association recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Department's operations, the image of County employees and the general health, welfare, and safety of the employees, and the general public. The Departments shall continue to have the right to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance with the provisions of Article 16 Health Services. The Department(s) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion to believe that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, or Departmental Rules and Regulations regarding the use of such substances. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Director, or higher authority within the Department to ensure proper compliance with the terms of this Article. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate in accordance with the applicable provisions of County Administrative Orders, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologies. All disputes arising out of the implementation of this article will be pursued under Article 3 of the Agreement. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee refusal to submit to toxicology or alcohol testing in accordance with the provisions of this Article may result in disciplinary action up to and including dismissal, in accordance with the applicable provisions of the County Code, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations.

Appears in 3 contracts

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

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TOXICOLOGY AND ALCOHOL TESTING. The County employer and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Department's The PHT’s operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments Employer shall continue to have the right to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance with the provisions of Article 16 Health Services. The Department(s) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree Employer agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance substances or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, Rules or Departmental departmental Rules and Regulations regarding the use of such substances. Employees reasonably believed to suffer from substance abuse may be referred, at the Departments’ discretion, to the Employee Assistance Program. An employee who voluntarily seeks assistance for substance abuse may not be disciplined for seeking assistance. However, voluntary participation in a substance abuse program shall not preclude discipline for the employee should job performance or employee conduct issues arise. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Directora division director, or higher authority within the Department to ensure proper compliance with the terms of this Articlearticle. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) An employee who is to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate tested in accordance with the applicable provisions of County Administrative Ordersthis article, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologiespermitted to make a phone call to the Union. All disputes arising out This phone call shall not prevent, inhibit, or unreasonably delay the testing of the implementation of this article will be pursued under Article 3 of the Agreementsuch employee. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with test or the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee employees’ refusal to submit to toxicology or alcohol testing as provided for in accordance with the provisions of this Article may article, can result in appropriate disciplinary action up to and including dismissal, in accordance with the applicable provisions provision of the County Code, the Miami-Dade County Personnel Rules and Rules, Departmental Rules and RegulationsRegulations and this Collective Bargaining Agreement. The parties agree that toxicology and alcohol testing are an acceptable part of regularly scheduled Employer required physical examinations.

Appears in 3 contracts

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

TOXICOLOGY AND ALCOHOL TESTING. The County Employer and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Department's the PHT’s operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments Employer shall continue to have the right to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance with the provisions of Article 16 Health Services. The Department(s) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree Trust agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance substances or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, Rules or Departmental Rules and Regulations regarding the use of such substances. Employees reasonably believed to suffer from substance abuse may be referred, at the department’s discretion, to the Employee Assistance Program. An employee who voluntarily seeks assistance for substance abuse may not be disciplined for seeking assistance. However, voluntary participation in a substance abuse program shall not preclude discipline for the employee should job performance or employee conduct issues arise. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Directora division director, or higher authority within the Department department to ensure proper compliance with the terms of this Articlearticle. The CountyAn employee, guided by the most recent research in toxicology, will select the appropriate tests(s) who is to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate tested in accordance with the applicable provisions of County Administrative Ordersthis article, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologiespermitted to make a phone call to the Union. All disputes arising out This phone call shall not prevent, inhibit, or unreasonably delay the testing of the implementation of this article will be pursued under Article 3 of the Agreementsuch employee. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with test or the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee employees’ refusal to submit to toxicology or alcohol testing as provided for in accordance with the provisions of this Article may article, can result in appropriate disciplinary action up to and including dismissal, in accordance with the applicable provisions provision of the County Code, the Miami-Dade County Personnel Rules and Rules, Departmental Rules and RegulationsRegulations and this Collective Bargaining Agreement. The parties agree that toxicology and alcohol testing are an acceptable part of regularly scheduled Employer required physical examinations.

Appears in 3 contracts

Samples: Article I – Preamble, Collective Bargaining Agreement, Collective Bargaining Agreement

TOXICOLOGY AND ALCOHOL TESTING. The County Employer and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Departmentthe PHT's operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments Employer shall continue to have the right to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance with the provisions of Article 16 Health Services. The Department(s) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree Trust agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance substances or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, personnel rules or Departmental Rules departmental rules and Regulations regulations regarding the use of such substances. Employees reasonably believed to suffer from substance abuse may be referred, at the department's discretion, to the Employee Assistance Program. An employee who voluntarily seeks assistance for substance abuse may not be disciplined for seeking assistance. However, voluntary participation in a substance abuse program shall not preclude discipline for the employee should job performance or employee conduct issues arise. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Directora division director, or higher authority within the Department department to ensure proper compliance with the terms of this Articlearticle. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) An employee who is to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate tested in accordance with the applicable provisions of County Administrative Ordersthis article, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologiespermitted to make a phone call to the Union. All disputes arising out This phone call shall not prevent, inhibit, or unreasonably delay the testing of the implementation of this article will be pursued under Article 3 of the Agreementsuch employee. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with test or the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee employees' refusal to submit to toxicology or alcohol testing as provided for in accordance with the provisions of this Article may article, can result in appropriate disciplinary action up to and including dismissal, in accordance with the applicable provisions provision of the County Code, the Miami-Dade County Personnel Rules and Rules, Departmental Rules and Regulations.Regulations and this Collective Bargaining Agreement. The parties agree that toxicology and alcohol testing are an acceptable part of regularly scheduled Employer required physical examinations. ARTICLE XXIII –

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Attending Physicians Collective Bargaining Agreement

TOXICOLOGY AND ALCOHOL TESTING. The County and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Department's operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments Department shall continue to have the right to require Toxicology and Alcohol Testing as part of any provided physical examination provided in accordance with the provisions of Article 16 Health Servicesexamination. The Department(s) Department shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree Department agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion to believe that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, Administrative Orders, Implementing Orders, or Departmental Rules and Regulations regarding the use of such substances. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Director, or higher authority within the Department to ensure proper compliance with the terms of this Article. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate in accordance with the applicable provisions of County Administrative Orders, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologies. All disputes arising out of the implementation of this article will be pursued under Article 3 of the Agreement. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee refusal to submit to toxicology or alcohol testing in accordance with the provisions of this Article may result in disciplinary action up to and including dismissal, in accordance with the applicable provisions of the County Code, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employees reasonably believed to suffer from substance and/or alcohol abuse may be referred at the Department’s discretion, to the Employee Support Services Section of the Human Resources Department or equivalent entity. However, voluntary participation in a substance or alcohol abuse program shall not preclude the Department from taking disciplinary action against the employee for violation of the Miami-Dade County Personnel Rules or Departmental Rules and Regulations.

Appears in 2 contracts

Samples: www.miamidade.gov, Collective Bargaining Agreement

TOXICOLOGY AND ALCOHOL TESTING. The County and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Departmentdepartment's operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments departments shall continue to have the right to require Toxicology and Alcohol Testing as part of any provided physical examination provided in accordance with the provisions of Article 16 Health Servicesexamination. The Department(sdepartment(s) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(sdepartment(s) agree that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion to believe that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, or Departmental Rules and Regulations regarding the use of such substances. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Director, or higher authority within the Department department to ensure proper compliance with the terms of this Article. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate in accordance with the applicable provisions of County Administrative Orders, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologies. All disputes arising out of the implementation of this article will be pursued under Article 3 of the Agreement. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee refusal to submit to toxicology or alcohol testing in accordance with the provisions of this Article may result in disciplinary action up to and including dismissal, in accordance with the applicable provisions of the Miami-Dade County Code, the Miami-Miami- Dade County Personnel Rules and Departmental Rules and Regulations. Employees reasonably believed to suffer from substance and/or alcohol abuse may be referred at the department’s discretion, to the Employee Assistance Program. However, voluntary participation in a substance or alcohol abuse program shall not preclude the department from taking disciplinary action against the employee for violations of the Miami-Dade County Personnel Rules or Departmental Rules and Regulations.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

TOXICOLOGY AND ALCOHOL TESTING. The County and the Association recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Department's operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments shall continue to have the right to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance with the provisions of Article 16 Health Services. The Department(s) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, Rules or Departmental Rules and Regulations regarding the use of such substances. Employees reasonably believed to suffer from substance abuse may be referred, at the Department's discretion, to the Employee Support Services Section or the County's Substance Abuse Professional. An employee who voluntarily seeks assistance for substance abuse may not be disciplined for seeking assistance. However, voluntary participation in a substance abuse program shall not preclude discipline for the employee should job performance or employee conduct issues arise. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by a Division Director or equivalent position as determined by the concerned Division DirectorCounty, or higher authority within the Department to ensure proper compliance with the terms of this Article. The CountyAn employee, guided by who is to be tested in accordance with the most recent research in toxicologyprovision of this article, will select be permitted to make a phone call to the appropriate tests(s) to be usedAssociation. If an employee tests positiveThis phone call shall not prevent, a second confirmatory test on inhibit, or unreasonably delay the original specimen must be administered in a timely manner to verify the results before administrative action is takentesting of such employee. The County shall provide employees with the results of a positive such test within 72 hours of providing or the specimen unless exigent circumstances exist. Howeveremployees' refusal to submit to toxicology or alcohol testing as provided for in this article, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results can result in any administrative or appropriate disciplinary action up to and including dismissal as deemed appropriate in accordance with the applicable provisions provision of County Administrative Orders, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologies. All disputes arising out of the implementation of Regulations and this article will be pursued under Article 3 of the Collective Bargaining Agreement. The results parties agree that toxicology and alcohol testing are an acceptable part of such tests regularly scheduled County required physical examinations. The Association agrees that the County may result in appropriate disciplinary actioninstitute procedures to comply with rules and regulations promulgated by the Federal Transit Administration and, up to and including dismissal, in accordance with the applicable provisions of the Code of Miami-Dade Countyor, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee refusal to submit to toxicology or alcohol testing in accordance with the provisions of this Article may result in disciplinary action up to and including dismissal, in accordance with the applicable provisions of the County Code, the Miami-Dade County Personnel Rules and Departmental Rules and RegulationsFederal Highway Administration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

TOXICOLOGY AND ALCOHOL TESTING. The County and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Department's or Agency’s operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments or Agencies shall continue to have the right to require Toxicology and Alcohol Testing as part of any provided physical examination provided in accordance with the provisions of Article 16 Health Servicesexamination. The Department(s) or Agency(ies) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(sdepartment(s) or agencies agree that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion to believe that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, or Departmental or Agency Rules and Regulations regarding the use of such substances. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Director, or higher authority within the Department or Agency to ensure proper compliance with the terms of this Article. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate in accordance with the applicable provisions of County Administrative Orders, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologies. All disputes arising out of the implementation of this article will be pursued under Article 3 of the Agreement. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental or Agency Rules and Regulations. Employee refusal to submit to toxicology or alcohol testing in accordance with the provisions of this Article may result in disciplinary action up to and including dismissal, in accordance with the applicable provisions of the County Code, the Miami-Dade County Personnel Rules and Departmental or Agency Rules and Regulations. Employees reasonably believed to suffer from substance and/or alcohol abuse may be referred at the department’s or agency’s discretion, to the Employee Support Services. However, voluntary participation in a substance or alcohol abuse program shall not preclude the Department or Agency from taking disciplinary action against the employee for violation of the Miami-Dade County Personnel Rules or Departmental or Agency Rules and Regulations.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

TOXICOLOGY AND ALCOHOL TESTING. The County and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Department's operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments Department shall continue to have the right to require Toxicology and Alcohol Testing as part of any provided physical examination provided in accordance with the provisions of Article 16 Health Servicesexamination. The Department(s) Department shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree Department agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion to believe that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the Administrative Orders, Implementing Orders, Miami-Dade County Personnel Rules, or Departmental Rules and Regulations regarding the use of such substances. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Director, or higher authority within the Department to ensure proper compliance with the terms of this Article. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate in accordance with the applicable provisions of County Administrative Orders, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologies. All disputes arising out of the implementation of this article will be pursued under Article 3 of the Agreement. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee refusal to submit to toxicology or alcohol testing in accordance with the provisions of this Article may result in disciplinary action up to and including dismissal, in accordance with the applicable provisions of the County Code, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employees reasonably believed to suffer from substance and/or alcohol abuse may be referred at the Department's discretion, to the Employee Support Services (ESS) Program. However, voluntary participation in a substance or alcohol abuse program shall not preclude the Department from taking disciplinary action against the employee for violation of the Administrative Orders, Implementing Orders, Miami-Dade County Personnel Rules or Departmental Rules and Regulations.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

TOXICOLOGY AND ALCOHOL TESTING. The County Employer and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a DepartmentThe PHT's operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments Employer shall continue to have the right to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance with the provisions of Article 16 Health Services. The Department(s) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree Employer agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance substances or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, Rules or Departmental Rules and Regulations regarding the use of such substances. Employees reasonably believed to suffer from substance abuse may be referred, at the department's discretion, to the Employee Assistance Program. An employee who voluntarily seeks assistance for substance abuse may not be disciplined for seeking assistance. However, voluntary participation in a substance abuse program shall not preclude discipline for the employee should job performance or employee conduct issues arise. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Directora division director, or higher authority within the Department department to ensure proper compliance with the terms of this Articlearticle. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) An employee who is to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate tested in accordance with the applicable provisions of County Administrative Ordersthis article, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologiespermitted to make a phone call to the Union. All disputes arising out This phone call shall not prevent, inhibit, or unreasonably delay the testing of the implementation of this article will be pursued under Article 3 of the Agreementsuch employee. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with test or the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee employees' refusal to submit to toxicology or alcohol testing as provided for in accordance with the provisions of this Article may article, can result in appropriate disciplinary action up to and including dismissal, in accordance with the applicable provisions provision of the County Code, the Miami-Dade County Personnel Rules and Rules, Departmental Rules and Regulations.Regulations and this Collective Bargaining Agreement. The parties agree that toxicology and alcohol testing are an acceptable part of regularly scheduled Employer required physical examinations. ARTICLE XXVII -

Appears in 1 contract

Samples: Service Employees

TOXICOLOGY AND ALCOHOL TESTING. The County Employer and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Department's the PHT’s operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments Employer shall continue to have the right to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance with the provisions of Article 16 Health Services. The Department(s) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree Employer agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance substances or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, Rules or Departmental Rules and Regulations regarding the use of such substances. Employees reasonably believed to suffer from substance abuse may be referred, at the department’s discretion, to the Employee Assistance Program. An employee who voluntarily seeks assistance for substance abuse may not be disciplined for seeking assistance. However, voluntary participation in a substance abuse program shall not preclude discipline for the employee should job performance or employee conduct issues arise. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Directora division director, or higher authority within the Department department to ensure proper compliance with the terms of this Articlearticle. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) An employee who is to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate tested in accordance with the applicable provisions of County Administrative Ordersthis article, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologiespermitted to make a phone call to the Union. All disputes arising out This phone call shall not prevent, inhibit, or unreasonably delay the testing of the implementation of this article will be pursued under Article 3 of the Agreementsuch employee. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with test or the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee employees’ refusal to submit to toxicology or alcohol testing as provided for in accordance with the provisions of this Article may article, can result in appropriate disciplinary action up to and including dismissal, in accordance with the applicable provisions provision of the County Code, the Miami-Dade County Personnel Rules and Rules, Departmental Rules and RegulationsRegulations and this Collective Bargaining Agreement. The parties agree that toxicology and alcohol testing are an acceptable part of regularly scheduled Employer required physical examinations.

Appears in 1 contract

Samples: Article I Preamble

TOXICOLOGY AND ALCOHOL TESTING. The County Trust and the Association union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Department's the Public Health Trust’s operations, the image of County employees employees, and the general health, welfare, and safety of the employees, employees and the general public. The Departments Employees reasonably believed to suffer from substance abuse may be referred, at the Trust’s discretion, to the Employee Assistance Program. An employee who voluntarily seeks assistance for substance abuse may not be disciplined for seeking assistance. However, voluntary participation in a substance abuse program shall continue to have not preclude discipline for the right employee should job performance or employee conduct issues arise. It is further understood by the parties that the authority to require Toxicology and Alcohol Testing as part that employees submit to such testing be approved by a Chief of any physical examination provided in accordance Service, or higher authority within the Trust, to ensure proper compliance with the provisions terms of Article 16 Health Servicesthis Article. The Department(s) Trust shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree Trust agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, or Departmental Trust Rules and Regulations regarding the use of such substances. It An employee who is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Director, or higher authority within the Department to ensure proper compliance with the terms of this Article. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate tested in accordance with the applicable provisions of County Administrative Orders, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests this Article will be conducted in approved laboratories using recognized technologiespermitted to make a phone call to the union. All disputes arising out This phone call shall not prevent, inhibit, or unreasonably delay the testing of the implementation of this article will be pursued under Article 3 of the Agreementsuch employee. The results of such tests may tests, or the employee’s refusal to submit to toxicology or alcohol testing, as provided for in this Article, can result in appropriate disciplinary action, up to and including dismissal, action in accordance with the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules Trust rules and Departmental Rules this collective bargaining agreement. The parties agree that toxicology and Regulations. Employee refusal to submit to toxicology or alcohol testing in accordance with the provisions are an acceptable part of this Article may result in disciplinary action up to and including dismissal, in accordance with the applicable provisions of the County Code, the Miami-Dade County Personnel Rules and Departmental Rules and RegulationsPublic Health Trust required physical examinations.

Appears in 1 contract

Samples: Article 1

TOXICOLOGY AND ALCOHOL TESTING. The County PHT and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Department's the Public Health PHT’s operations, the image of County employees employees, and the general health, welfare, and safety of the employees, employees and the general public. Employees reasonably believed to suffer from substance abuse may be referred, at the PHT’s discretion, to the Employee Assistance Program. The Departments PHT encourages and supports employees who voluntarily seek assistance for substance abuse. An employee who voluntarily seeks assistance for sub- stance abuse may not be issued corrective action for seeking assistance. However, voluntary participation in a substance abuse program shall continue to have not preclude corrective action for the right employee should job performance or em- ployee conduct issues arise. It is further understood by the parties that the authority to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance that em- ployees submit to such testing be approved by a Program Director, or higher authority within the GME Program, or the JHS/PHT Chief Physician Execu- tive or designee, to ensure proper compliance with the provisions terms of Article 16 Health Servicesthis Article. The Department(s) PHT shall also have the right and authority to require employees to submit to toxicology toxicolo- gy and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree PHT agrees that requiring employees em- ployees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rulesany PHT policies, practices and procedures pertaining to medication waste, documentation of medication administration, or Departmental Rules and Regulations regarding the use of such substancesautomated dispensing cabinets. It An employee who is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Director, or higher authority within the Department to ensure proper compliance with the terms of this Article. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate tested in accordance with the applicable provisions of County Administrative Orders, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests this Ar- ticle will be conducted in approved laboratories using recognized technologiespermitted to make a phone call to the Union. All disputes arising out This phone call shall not prevent, inhibit, or unreasonably delay the testing of the implementation of this article will be pursued under Article 3 of the Agreementsuch employee. The results of such tests may result in appropriate disciplinary actiontests, up to and including dismissal, in accordance with or the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee employee’s refusal to submit to toxicology or alcohol testing testing, as provided for in accordance with the provisions of this Article may Article, can result in disciplinary action corrective action, up to and including dismissaltermination, and may result in accordance with reporting to the applicable provisions Florida Board of the County Code, the Miami-Dade County Personnel Rules Medicine. The parties agree that toxicology and Departmental Rules and Regulationsalcohol testing are an acceptable part of Public Health PHT required physical examinations.

Appears in 1 contract

Samples: Collective Bargaining Agreement

TOXICOLOGY AND ALCOHOL TESTING. The County Trust and the Association union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Department's the Public Health Trust’s operations, the image of County employees employees, and the general health, welfare, and safety of the employees, employees and the general public. The Departments Employees reasonably believed to suffer from substance abuse may be referred, at the Trust’s discretion, to the Employee Assistance Program. An employee who voluntarily seeks assistance for substance abuse may not be disciplined for seeking assistance. However, voluntary participation in a substance abuse program shall continue to have not preclude discipline for the right employee should job performance or employee conduct issues arise. It is further understood by the parties that the authority to require Toxicology and Alcohol Testing as part that employees submit to such testing be approved by a Chief of any physical examination provided in accordance Service, or higher authority within the GME Program, or the JHS/PHT Chief Medical Officeror designee , to ensure proper compliance with the provisions terms of Article 16 Health Servicesthis Article. The Department(s) Trust shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree Trust agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, or Departmental Trust Rules and Regulations regarding the use of such substances. It An employee who is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Director, or higher authority within the Department to ensure proper compliance with the terms of this Article. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate tested in accordance with the applicable provisions of County Administrative Orders, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests this Article will be conducted in approved laboratories using recognized technologiespermitted to make a phone call to the union. All disputes arising out This phone call shall not prevent, inhibit, or unreasonably delay the testing of the implementation of this article will be pursued under Article 3 of the Agreementsuch employee. The results of such tests may tests, or the employee’s refusal to submit to toxicology or alcohol testing, as provided for in this Article, can result in appropriate disciplinary action, up to and including dismissal, action in accordance with the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules Trust rules and Departmental Rules this collective bargaining agreement. The parties agree that toxicology and Regulations. Employee refusal to submit to toxicology or alcohol testing in accordance with the provisions are an acceptable part of this Article may result in disciplinary action up to and including dismissal, in accordance with the applicable provisions of the County Code, the Miami-Dade County Personnel Rules and Departmental Rules and RegulationsPublic Health Trust required physical examinations.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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TOXICOLOGY AND ALCOHOL TESTING. The County and the Association recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Department's operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments shall continue to have the right to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance with the provisions of Article 16 Health Services. The Department(s) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, Rules or Departmental Rules and Regulations regarding the use of such substances. Employees reasonably believed to suffer from substance abuse may be referred, at the Department's discretion, to the Employee Support Services Section or the County's Substance Abuse Professional. An employee who voluntarily seeks assistance for substance abuse may not be disciplined for seeking assistance. However, voluntary participation in a substance abuse program shall not preclude discipline for the employee should job performance or employee conduct issues arise. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned a Division Director, or higher authority within the Department to ensure proper compliance with the terms of this Article. The County, guided by An employee who is to be tested in accordance with the most recent research in toxicologyprovision of this article, will select be permitted to make a phone call to the appropriate tests(s) to be usedAssociation. If an employee tests positiveThis phone call shall not prevent, a second confirmatory test on inhibit, or unreasonably delay the original specimen must be administered in a timely manner to verify the results before administrative action is takentesting of such employee. The County shall provide employees with the results of a positive such test within 72 hours of providing or the specimen unless exigent circumstances exist. Howeveremployees' refusal to submit to toxicology or alcohol testing as provided for in this article, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results can result in any administrative or appropriate disciplinary action up to and including dismissal as deemed appropriate in accordance with the applicable provisions provision of County Administrative Orders, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologies. All disputes arising out of the implementation of Regulations and this article will be pursued under Article 3 of the Collective Bargaining Agreement. The results parties agree that toxicology and alcohol testing are an acceptable part of such tests regularly scheduled County required physical examinations. The Association agrees that the County may result in appropriate disciplinary actioninstitute procedures to comply with rules and regulations promulgated by the Federal Transit Administration and, up to and including dismissal, in accordance with the applicable provisions of the Code of Miami-Dade Countyor, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee refusal to submit to toxicology or alcohol testing in accordance with the provisions of this Article may result in disciplinary action up to and including dismissal, in accordance with the applicable provisions of the County Code, the Miami-Dade County Personnel Rules and Departmental Rules and RegulationsFederal Highway Administration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

TOXICOLOGY AND ALCOHOL TESTING. The County Employer and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Departmentthe PHT's operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments Employer shall continue to have the right to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance with the provisions of Article 16 Health Services. The Department(s) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree Trust agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance substances or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, personnel rules or Departmental Rules departmental rules and Regulations regulations regarding the use of such substances. Employees reasonably believed to suffer from substance abuse may be referred, at the department's discretion, to the Employee Assistance Program. An employee who voluntarily seeks assistance for substance abuse may not be disciplined for seeking assistance. However, voluntary participation in a substance abuse program shall not preclude discipline for the employee should job performance or employee conduct issues arise. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Directora division director, or higher authority within the Department department to ensure proper compliance with the terms of this Articlearticle. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) An employee who is to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate tested in accordance with the applicable provisions of County Administrative Ordersthis article, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologiespermitted to make a phone call to the Union. All disputes arising out This phone call shall not prevent, inhibit, or unreasonably delay the testing of the implementation of this article will be pursued under Article 3 of the Agreementsuch employee. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with test or the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee employees' refusal to submit to toxicology or alcohol testing as provided for in accordance with the provisions of this Article may article, can result in appropriate disciplinary action up to and including dismissal, in accordance with the applicable provisions provision of the County Code, the Miami-Dade County Personnel Rules and Rules, Departmental Rules and Regulations.Regulations and this Collective Bargaining Agreement. The parties agree that toxicology and alcohol testing are an acceptable part of regularly scheduled Employer required physical examinations. A RTICLE XXIII –

Appears in 1 contract

Samples: Attending Physician

TOXICOLOGY AND ALCOHOL TESTING. The County Employer and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Departmentthe PHT's operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments Employer shall continue to have the right to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance with the provisions of Article 16 Health Services. The Department(s) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree Employer agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance substances or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, Rules or Departmental Rules and Regulations regarding the use of such substances. Employees reasonably believed to suffer from substance abuse may be referred, at the department's discretion, to the Employee Assistance Program. An employee who voluntarily seeks assistance for substance abuse may not be disciplined for seeking assistance. However, voluntary participation in a substance abuse program shall not preclude discipline for the employee should job performance or employee conduct issues arise. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Directora division director, or higher authority within the Department department to ensure proper compliance with the terms of this Articlearticle. The CountyAn employee, guided by the most recent research in toxicology, will select the appropriate tests(s) who is to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate tested in accordance with the applicable provisions of County Administrative Ordersthis article, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologiespermitted to make a phone call to the Union. All disputes arising out This phone call shall not prevent, inhibit, or unreasonably delay the testing of the implementation of this article will be pursued under Article 3 of the Agreementsuch employee. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with test or the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee employees' refusal to submit to toxicology or alcohol testing as provided for in accordance with the provisions of this Article may article, can result in appropriate disciplinary action up to and including dismissal, in accordance with the applicable provisions provision of the County Code, the Miami-Dade County Personnel Rules and Rules, Departmental Rules and Regulations.Regulations and this Collective Bargaining Agreement. The parties agree that toxicology and alcohol testing are an acceptable part of regularly scheduled Employer required physical examinations. ARTICLE XXVII -

Appears in 1 contract

Samples: Collective Bargaining Agreement

TOXICOLOGY AND ALCOHOL TESTING. The County Employer and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Departmentthe PHT's operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments Employer shall continue to have the right to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance with the provisions of Article 16 Health Services. The Department(s) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree Trust agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance substances or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, Rules or Departmental Rules and Regulations regarding the use of such substances. Employees reasonably believed to suffer from substance abuse may be referred, at the department's discretion, to the Employee Assistance Program. An employee who voluntarily seeks assistance for substance abuse may not be disciplined for seeking assistance. However, voluntary participation in a substance abuse program shall not preclude discipline for the employee should job performance or employee conduct issues arise. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Directora division director, or higher authority within the Department department to ensure proper compliance with the terms of this Articlearticle. The CountyAn employee, guided by the most recent research in toxicology, will select the appropriate tests(s) who is to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate tested in accordance with the applicable provisions of County Administrative Ordersthis article, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologiespermitted to make a phone call to the Union. All disputes arising out This phone call shall not prevent, inhibit, or unreasonably delay the testing of the implementation of this article will be pursued under Article 3 of the Agreementsuch employee. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with test or the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee employees' refusal to submit to toxicology or alcohol testing as provided for in accordance with the provisions of this Article may article, can result in appropriate disciplinary action up to and including dismissal, in accordance with the applicable provisions provision of the County Code, the Miami-Dade County Personnel Rules and Rules, Departmental Rules and RegulationsRegulations and this Collective Bargaining Agreement. The parties agree that toxicology and alcohol testing are an acceptable part of regularly scheduled Employer required physical examinations.

Appears in 1 contract

Samples: Collective Bargaining Agreement

TOXICOLOGY AND ALCOHOL TESTING. The County Employer and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Department's the PHT’s operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments Employer shall continue to have the right to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance with the provisions of Article 16 Health Services. The Department(s) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree Trust agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance substances or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, personnel rules or Departmental Rules departmental rules and Regulations regulations regarding the use of such substances. Employees reasonably believed to suffer from substance abuse may be referred, at the department’s discretion, to the Employee Assistance Program. An employee who voluntarily seeks assistance for substance abuse may not be disciplined for seeking assistance. However, voluntary participation in a substance abuse program shall not preclude discipline for the employee should job performance or employee conduct issues arise. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Directora division director, or higher authority within the Department department to ensure proper compliance with the terms of this Articlearticle. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) An employee who is to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate tested in accordance with the applicable provisions of County Administrative Ordersthis article, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologiespermitted to make a phone call to the Union. All disputes arising out This phone call shall not prevent, inhibit, or unreasonably delay the testing of the implementation of this article will be pursued under Article 3 of the Agreementsuch employee. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with test or the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee employees’ refusal to submit to toxicology or alcohol testing as provided for in accordance with the provisions of this Article may article, can result in appropriate disciplinary action up to and including dismissal, in accordance with the applicable provisions provision of the County Code, the Miami-Dade County Personnel Rules and Rules, Departmental Rules and RegulationsRegulations and this Collective Bargaining Agreement. The parties agree that toxicology and alcohol testing are an acceptable part of regularly scheduled Employer required physical examinations.

Appears in 1 contract

Samples: Collective Bargaining Agreement

TOXICOLOGY AND ALCOHOL TESTING. The County PHT and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Department's the Public Health PHT’s operations, the image of County employees employees, and the general health, welfare, and safety of the employees, employees and the general public. Employees reasonably believed to suffer from substance abuse may be referred, at the PHT’s discretion, to the Employee Assistance Program. The Departments PHT encourages and supports employees who voluntarily seek assistance for substance abuse. An employee who voluntarily seeks assistance for substance abuse may not be issued corrective action for seeking assistance. However, voluntary participation in a substance abuse program shall continue to have not preclude corrective action for the right employee should job performance or employee conduct issues arise. It is further understood by the parties that the authority to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance that employees submit to such testing be approved by a Program Director, or higher authority within the GME Program, or the JHS/PHT Chief Physician Executive or designee, to ensure proper compliance with the provisions terms of Article 16 Health Servicesthis Article. The Department(s) PHT shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree PHT agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rulesany PHT policies, practices and procedures pertaining to medication waste, documentation of medication administration, or Departmental Rules and Regulations regarding the use of such substancesautomated dispensing cabinets. It An employee who is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Director, or higher authority within the Department to ensure proper compliance with the terms of this Article. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate in accordance with the applicable provisions of County Administrative Orders, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologies. All disputes arising out of the implementation of this article will be pursued under Article 3 of the Agreement. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee refusal to submit to toxicology or alcohol testing tested in accordance with the provisions of this Article may will be permitted to make a phone call to the Union. This phone call shall not prevent, inhibit, or unreasonably delay the testing of such employee. The results of such tests, or the employee’s refusal to submit to toxicology or alcohol testing, as provided for in this Article, can result in disciplinary action corrective action, up to and including dismissaltermination, and may result in accordance with reporting to the applicable provisions Florida Board of the County Code, the Miami-Dade County Personnel Rules Medicine. The parties agree that toxicology and Departmental Rules and Regulationsalcohol testing are an acceptable part of Public Health PHT required physical examinations.

Appears in 1 contract

Samples: Collective Bargaining Agreement

TOXICOLOGY AND ALCOHOL TESTING. The County Employer and the Association Union recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County government, a Departmentthe PHT's operations, the image of County employees and the general health, welfare, welfare and safety of the employees, and the general public. The Departments Employer shall continue to have the right to require Toxicology and Alcohol Testing as part of any physical examination provided in accordance with the provisions of Article 16 Health Services. The Department(s) shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. The Department(s) agree Employer agrees that requiring employees to submit to testing of this nature shall be limited to circumstances that indicate reasonable suspicion grounds to believe suspect that the employee is under the influence of such substances, suffers from substance substances or alcohol abuse, or is in violation of the Miami-Dade County Personnel Rules, Rules or Departmental Rules and Regulations regarding the use of such substances. Employees reasonably believed to suffer from substance abuse may be referred, at the department's discretion, to the Employee Assistance Program. An employee who voluntarily seeks assistance for substance abuse may not be disciplined for seeking assistance. However, voluntary participation in a substance abuse program shall not preclude discipline for the employee should job performance or employee conduct issues arise. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing be approved by the concerned Division Directora division director, or higher authority within the Department department to ensure proper compliance with the terms of this Articlearticle. The County, guided by the most recent research in toxicology, will select the appropriate tests(s) An employee who is to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County shall provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances exist. However, failure to comply with this 72 hour notification provision shall not preclude the County from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate tested in accordance with the applicable provisions of County Administrative Ordersthis article, the County Code, the Miami-Dade County Personnel Rules, and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologiespermitted to make a phone call to the Union. All disputes arising out This phone call shall not prevent, inhibit, or unreasonably delay the testing of the implementation of this article will be pursued under Article 3 of the Agreementsuch employee. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with test or the applicable provisions of the Code of Miami-Dade County, the Miami-Dade County Personnel Rules and Departmental Rules and Regulations. Employee employees' refusal to submit to toxicology or alcohol testing as provided for in accordance with the provisions of this Article may article, can result in appropriate disciplinary action up to and including dismissal, in accordance with the applicable provisions provision of the County Code, the Miami-Dade County Personnel Rules and Rules, Departmental Rules and Regulations.Regulations and this Collective Bargaining Agreement. The parties agree that toxicology and alcohol testing are an acceptable part of regularly scheduled Employer required physical examinations. ARTICLE XXVII -

Appears in 1 contract

Samples: Registered Nurses Collective Bargaining Agreement

TOXICOLOGY AND ALCOHOL TESTING. The County City and the Association FOP recognize that employee substance and alcohol abuse can have an adverse impact on Miami-Dade County Miami Springs government, a the Department's ’s operations, the image of County City employees and the general health, welfare, welfare and safety of the employees, employees and the general public. The Departments City shall continue to have the right to require Toxicology and Alcohol Testing as part of any regularly scheduled physical examination provided in accordance with the provisions of Article 16 Health Servicesexamination. The Department(s) City shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, drug or alcohol. The Department(s) City and the FOP agree that requiring employees to submit to testing of this nature shall be limited limited, “except as provided in the City’s May 17, 1994 Administrative Order 94-7, Drug Free Workplace Policy/Drug Screen Policy Statement with respect to Workers’ Compensation” to circumstances that indicate reasonable suspicion to believe that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the Miami-Dade County City Personnel Rules, Rules or Departmental Rules and Regulations regarding the use of such substances. It is further understood by the parties that the aforementioned authority to require that employees submit to such testing testing, “except as provided in the City’s May 17, 1994 Administrative Order 94-7,” shall first be approved by the concerned Division Director, Police Chief or higher authority within the Department City to ensure proper compliance with the terms of this Article. The CountyCity, guided by the most recent research in toxicology, will select the appropriate tests(stoxicology breath and/or urine test(s) to be used. If an employee tests positive, a second confirmatory test on the original specimen must be administered in a timely manner to verify the results before administrative action is taken. The County City shall make a reasonable effort to provide employees with the results of a positive test within 72 hours of providing the specimen unless exigent circumstances existspecimen. However, failure to comply with this 72 hour notification provision shall not preclude the County City from utilizing the positive test results in any administrative or disciplinary action up to and including dismissal as deemed appropriate in accordance with the applicable provisions of County City Administrative Orders, the County City Code, the Miami-Dade County City Personnel Rules, Rules and Departmental Rules and Regulations. All tests will be conducted in approved laboratories using recognized technologies. The parties agree that the Police Chief may require members of the bargaining unit to submit to random drug testing. The random choices will be picked using a computerized random number generator with the member's City ID number. No bargaining unit member will be required to submit to such a test more than once in a 12-month period. Anytime that an employee is involved in an accident while operating a City vehicle, whether on or off duty, the employee may be required to submit to an alcohol/ chemical drug test. All disputes arising out of the implementation of this article will be pursued under Article 3 17 of the Agreementagreement. The results of such tests may result in appropriate disciplinary action, up to and including dismissal, in accordance with the applicable provisions of the Code of Miami-Dade Countythe City of Miami Springs, the Miami-Dade County City Personnel Rules and Departmental Rules and Regulations. Employee refusal to submit to toxicology or alcohol testing in accordance with the provisions of this Article may result in disciplinary action up to and including dismissal, in accordance with the applicable provisions of the County City Code, the Miami-Dade County Miami Springs Personnel Rules and Departmental Rules and Regulations. The parties agree that the City’s May 17, 1994 Administrative Order 94-7, Drug Free Workplace Policy/Drug Screen Policy Statement provisions agreed to herein were adopted by the City pursuant to the provisions of Chapter 440.102 Florida Statutes and Chapter 38F-9 of the Florida Administration Code. The parties further agree that the Agreement to the implementation of the provisions of the policy/statement are contingent upon the continuation of the underlying authorizing statutory/code authority. Should said statutory/code authority be repealed, invalidated by a Court of competent jurisdiction or otherwise cease to exist, the contractual agreement re: the policy/statement will not independently survive without said statutory authority. It is a condition of employment for all City employees to refrain from reporting to work or working with the presence of illegal drugs or alcohol in his or her body. Bargaining unit members who are injured on the job are required to immediately submit to a test for drugs and alcohol. Any employee who is injured on the job and who tests positive for illegal drugs or alcohol, or who refuses to submit to a test for drugs or alcohol, forfeits eligibility for medical and indemnity benefits under Florida’s Workers’ Compensation statute.

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Samples: An Agreement

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