Common use of Types of Testing Clause in Contracts

Types of Testing. A. Reasonable Suspicion Testing 1. All employees will be tested for alcohol and/or controlled substances when there is reasonable suspicion of on-duty use or impairment. Reasonable suspicion testing may be based on, but not limited to: a. observable phenomena, including but not limited to direct observation of drug or alcohol use or possession and/or the physical symptoms of being under the influence of a drug or alcohol such as the odor of alcohol on the; b. a pattern of abnormal conduct or erratic behavior; c. conviction for a drug or alcohol-related offense. An employee will be tested only once for this conviction upon return to work. d. evidence that the employee has tampered with a previous alcohol or drug test. 2. Although reasonable suspicion testing does not require certainty, mere hunches alone are not sufficient to meet the standard for a test. 3. If an employee is suspected of using or being impaired by alcohol, controlled substances or illegal drugs in violation of this policy, the appropriate supervisor will gather all information, facts, and circumstances leading to and supporting this suspicion and will present those for concurrence with another supervisor, up to and including the department head, if possible. The immediate supervisor, division head or department head will report the suspicion to Human Resources for further action if it is during the regular office hours of Human Resources. 4. The employee shall remain on duty, but shall not be allowed to operate a vehicle or perform job functions until the circumstances are evaluated. 5. Employees who are subject to reasonable suspicion testing shall be transported to and from the collection facility identified by the City as an appropriate collection site. After hours, when Human Resources is unavailable, the employee will be transported to a designated testing facility. 6. Testing will be conducted in compliance with the selected collection site’s protocols. 7. The employee’s division manager will, within 48 hours, prepare a written report on a Reasonable Suspicion Incident Record (attached), detailing the circumstances that formed the basis to warrant the testing, This report should include the appropriate dates and times of reported alcohol or drug-related incidents, reliable/credible sources of information, rationale leading to the test and the action taken. All documentation related to the determination shall be forwarded to Human Resources. B. Post-Incident Testing 1. Employees involved in critical incidents, on-the-job accidents, or who engage in unsafe on-duty job-related activities that pose a danger to themselves or others or the overall operation of the City shall be subject to testing. If the employee’s act, or failure to act, results in: a. Death; or b. Personal injury requiring immediate emergency room or urgent care center treatment; or c. Damage to government or private property estimated in excess of $1,500; or d. At the request of the employee. 2. An employee subject to post-incident testing shall remain immediately available for up to two (2) hours for such testing, or the City may consider the employee to have refused to submit to testing. a. If there were extenuating circumstances that kept the employee from submitting to a test within two (2) hours after the incident, Human Resources shall evaluate those circumstances and make the final determination as to whether or not it will be deemed a refusal. b. An employee subject to post-incident testing shall not consume alcohol or drugs, either legal or illegal, prior to the testing. Exceptions may be made for previously prescribed maintenance medications and/or medications administered to treat any personal injury. 3. If a test under this provision is not administered within two (2) hours of the occurrence, the supervisor shall document the reason(s) why it was not promptly administered. If more than eight (8) hours pass, then no alcohol test will be administered. If more than thirty-two (32) hours pass, no drug test shall be administered. If either test is not completed, Human Resources shall document the reason(s) why. C. Random Testing 1. Random testing for alcohol and/or controlled substances will be conducted on all employees before, during or after their scheduled shift. 2. Random tests will be unannounced and will occur throughout the calendar year. 3. The random selectees will be notified by a designated human resources representative using a lottery system conducted by an outside agency. The Random, the CDL, and the FTA testing will be conducted by the same agency. To ensure that all employees who have been designated for testing have an equal chance of being randomly tested, a scientifically valid random process is used. a. The annual number of random alcohol tests will be no more than ten percent (10%) of the average number of employees subject to random testing. b. The annual number of random drug tests will be no more than twenty-five percent (25%) of the average number of employees subject to random testing. 4. Human Resources will notify the employee’s supervisor or designee and provide the name of the individual selected for random testing. The employee shall not be given advance notice of the scheduled testing. Upon notification by the supervisor, employees shall proceed immediately to the testing site.

Types of Testing. A. Reasonable Suspicion Testing 1The City may and to the extent permitted by law, will use testing as one of the several means of enforcing its drug free workplace policy. Testing will be conducted in the manner and circumstances listed below, including reasonable suspicion testing which may be drawn from inferences or facts. All employees drug screens (with the exception of pre- employment and annual fitness for duty drug screens) will include alcohol testing. The list that follows is considered all inclusive: A. Pre-employment; B. Reasonable suspicion of substance abuse: Any employee reporting to work who demonstrates impaired conduct considered unsafe for the performance of his/her job duties or if an employee becomes similarly impaired on the job, will be tested observed and/or interviewed by a supervisor to determine the cause of the irregular behavior. If the supervisor concludes that the irregular behavior is unsafe, the employee will not be allowed to continue working and shall be transported to a medical facility for alcohol and/or controlled substances when there is reasonable suspicion of on-duty use or impairmentdrug testing. The employee will not be allowed to drive any vehicle. Reasonable suspicion testing may shall also be based on, but not limited toconducted when there is: a. observable phenomena1. Observable phenomena while at work, including but not limited to such as direct observation of drug or alcohol use or possession and/or of the physical symptoms or manifestations of being under the influence of a drug or alcohol such as the alcohol; odor of alcohol on the;the breath. b. a pattern of abnormal 2. Abnormal conduct or erratic behaviorbehavior while at work or a significant deterioration in work performance; c. conviction 3. A report of drug use, provided by a reliable and credible source; A report of alcohol use within a time period prior to reporting for a drug or alcohol-related offense. An employee will duty that would cause one to reasonably expect that alcohol would be tested only once for this conviction upon return to workdetected by intoxilyzer testing. d. evidence 4. Evidence that the employee an individual has tampered with a previous alcohol or drug test. 2. Although reasonable suspicion testing does not require certainty, mere hunches alone are not sufficient to meet the standard for a test. 3. If an employee is suspected of using or being impaired by alcohol, controlled substances or illegal drugs in violation of this policy, the appropriate supervisor will gather all information, facts, and circumstances leading to and supporting this suspicion and will present those for concurrence with another supervisor, up to and including the department head, if possible. The immediate supervisor, division head or department head will report the suspicion to Human Resources for further action if it is test during the regular office hours of Human Resources. 4. The employee shall remain on duty, but shall not be allowed to operate a vehicle or perform job functions until the circumstances are evaluated.his employment; 5. Employees who are subject to reasonable suspicion testing shall be transported to and from the collection facility identified by the City as Information that an appropriate collection site. After hoursemployee has caused, when Human Resources is unavailablecontributed to, the employee will be transported to a designated testing facility.or been involved in an accident while at work; 6. Testing will be conducted in compliance with Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the selected collection site’s protocolsemployer's premises or while operating the employer's vehicle, machinery or equipment. 7. The Evidence that an employee has been arrested and charged with use, possession, or sale of illegal drugs or a controlled substance, whether on or off the job. Supervisors will document their observations and conduct an employee interview. Final disposition of the incident will be documented with the signatures of the supervisors/department heads, and dated. A copy of the Confidential Supervisor's Incident Report will be provided for the employee with the employee’s division manager will, within 48 hours, prepare a written report on a Reasonable Suspicion Incident Record (attached), detailing the circumstances that formed the basis to warrant the testing, This report should include the appropriate dates and times 's signature of reported alcohol or drug-related incidents, reliable/credible sources of information, rationale leading to the test and the action taken. All documentation related to the determination shall be forwarded to Human Resourcesreceipt. B. Post-Incident Testing 1. Employees involved in critical incidents, C. Following on-the-job accidents, accidents resulting in personal injury or who engage in unsafe on-duty job-related activities that pose a danger to themselves or others or the overall operation of the City shall be subject to testing. If the employee’s act, or failure to act, results in: a. Deathsignificant property damage; or b. Personal injury requiring immediate emergency room or urgent care center treatment; or c. Damage to government or private property estimated in excess of $1,500; or d. At the request of the employee. 2. An employee subject to post-incident testing shall remain immediately available Note: employees may not use alcohol for up to two (2) hours for such testing, or the City may consider the employee to have refused to submit to testing. a. If there were extenuating circumstances that kept the employee from submitting to a test within two (2) hours after the incident, Human Resources shall evaluate those circumstances and make the final determination as to whether or not it will be deemed a refusal. b. An employee subject to post-incident testing shall not consume alcohol or drugs, either legal or illegal, prior to the testing. Exceptions may be made for previously prescribed maintenance medications and/or medications administered to treat any personal injury. 3. If a test under this provision is not administered within two (2) hours of the occurrence, the supervisor shall document the reason(s) why it was not promptly administered. If more than eight (8) hours pass, then no following an accident or until the post-accident alcohol test will be administeredis conducted, whichever comes first. D. Fitness for duty medical examinations; E. Employees participating in a substance abuse rehabilitation program (subject to quarterly testing during and for a period of two years after completion of program); F. Random testing: The following employees are subject to random testing for substance abuse at any time during working hours: • Employees whose job requires them to operate any city vehicle or use their own vehicle for city business. If more than thirty-two (32) hours pass• Employees whose job requires them to operate machinery or heavy equipment. • Employees in public safety occupations such as police officer, no drug test firefighter, or emergency medical personnel. The selection of employees for random alcohol and controlled substances testing shall be administered. If either test is not completed, Human Resources shall document the reason(s) why. C. Random Testing 1. Random testing for alcohol and/or controlled substances will be conducted on all employees before, during or after their scheduled shift. 2. Random tests will be unannounced and will occur throughout the calendar year. 3. The random selectees will be notified made by a designated human resources representative using scientifically valid method, such as a lottery system conducted by random number table of a computer-based random number generator that is matched with an outside agencyidentifying number. The RandomUnder the selection process used, the CDL, and the FTA testing will be conducted by the same agency. To ensure that all employees who have been designated for testing each employee shall have an equal chance of being randomly tested, a scientifically valid random process tested each time selections are made. There is used. a. The annual no limit to the number of times any employee may be tested. The minimum annual percentage rate for random alcohol tests will controlled substances testing shall be no more than ten 50 percent (10%) of the average number of employees subject to random testingemployees. b. The annual number G. Any discharge of random drug tests will be no more than twenty-five percent (25%) a firearm in the line of the average number of employees subject to random testingduty that is not training related. 4. Human Resources will notify the employee’s supervisor or designee and provide the name of the individual selected for random testing. The employee shall not be given advance notice of the scheduled testing. Upon notification by the supervisor, employees shall proceed immediately to the testing site.

Types of Testing. A. Reasonable Suspicion Testing 1The City may and to the extent permitted by law, will use testing as one of the several means of enforcing its drug free workplace policy. Testing will be conducted in the manner and circumstances listed below, including reasonable suspicion testing which may be drawn from inferences or facts. All employees drug screens (with the exception of pre- employment and annual fitness for duty drug screens) will include alcohol testing. The list that follows is considered all inclusive: A. Pre-employment; B. Reasonable suspicion of substance abuse: Any employee reporting to work who demonstrates impaired conduct considered unsafe for the performance of his/her job duties or if an employee becomes similarly impaired on the job, will be tested observed and/or interviewed by a supervisor to determine the cause of the irregular behavior. If the supervisor concludes that the irregular behavior is unsafe, the employee will not be allowed to continue working and shall be transported to a medical facility for alcohol and/or controlled substances when there is reasonable suspicion of on-duty use or impairmentdrug testing. The employee will not be allowed to drive any vehicle. Reasonable suspicion testing may shall also be based on, but not limited toconducted when there is: a. observable phenomena1. Observable phenomena while at work, including but not limited to such as direct observation of drug or alcohol use or possession and/or of the physical symptoms or manifestations of being under the influence of a drug or alcohol such as the alcohol; odor of alcohol on the;the breath. b. a pattern of abnormal 2. Abnormal conduct or erratic behaviorbehavior while at work or a significant deterioration in work performance; c. conviction 3. A report of drug use, provided by a reliable and credible source; A report of alcohol use within a time period prior to reporting for a drug or alcohol-related offense. An employee will duty that would cause one to reasonably expect that alcohol would be tested only once for this conviction upon return to workdetected by intoxilyzer testing. d. evidence 4. Evidence that the employee an individual has tampered with a previous alcohol drug test during his or drug test. 2. Although reasonable suspicion testing does not require certainty, mere hunches alone are not sufficient to meet the standard for a test. 3. If an employee is suspected of using or being impaired by alcohol, controlled substances or illegal drugs in violation of this policy, the appropriate supervisor will gather all information, facts, and circumstances leading to and supporting this suspicion and will present those for concurrence with another supervisor, up to and including the department head, if possible. The immediate supervisor, division head or department head will report the suspicion to Human Resources for further action if it is during the regular office hours of Human Resources. 4. The employee shall remain on duty, but shall not be allowed to operate a vehicle or perform job functions until the circumstances are evaluated.her employment; 5. Employees who are subject to reasonable suspicion testing shall be transported to and from the collection facility identified by the City as Information that an appropriate collection site. After hoursemployee has caused, when Human Resources is unavailablecontributed to, the employee will be transported to a designated testing facility.or been involved in an accident while at work; 6. Testing will be conducted in compliance with Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the selected collection site’s protocolsemployer's premises or while operating the employer's vehicle, machinery or equipment. 7. The Evidence that an employee has been arrested and charged with use, possession, or sale of illegal drugs or a controlled substance, whether on or off the job. Supervisors will document their observations and conduct an employee interview. Final disposition of the incident will be documented with the signatures of the supervisors/department heads, and dated. A copy of the Confidential Supervisor's Incident Report will be provided for the employee with the employee’s division manager will, within 48 hours, prepare a written report on a Reasonable Suspicion Incident Record (attached), detailing the circumstances that formed the basis to warrant the testing, This report should include the appropriate dates and times 's signature of reported alcohol or drug-related incidents, reliable/credible sources of information, rationale leading to the test and the action taken. All documentation related to the determination shall be forwarded to Human Resourcesreceipt. B. Post-Incident Testing 1. Employees involved in critical incidents, C. Following on-the-job accidents, accidents resulting in personal injury or who engage in unsafe on-duty job-related activities that pose a danger to themselves or others or the overall operation of the City shall be subject to testing. If the employee’s act, or failure to act, results in: a. Deathsignificant property damage; or b. Personal injury requiring immediate emergency room or urgent care center treatment; or c. Damage to government or private property estimated in excess of $1,500; or d. At the request of the employee. 2. An employee subject to post-incident testing shall remain immediately available Note: employees may not use alcohol for up to two (2) hours for such testing, or the City may consider the employee to have refused to submit to testing. a. If there were extenuating circumstances that kept the employee from submitting to a test within two (2) hours after the incident, Human Resources shall evaluate those circumstances and make the final determination as to whether or not it will be deemed a refusal. b. An employee subject to post-incident testing shall not consume alcohol or drugs, either legal or illegal, prior to the testing. Exceptions may be made for previously prescribed maintenance medications and/or medications administered to treat any personal injury. 3. If a test under this provision is not administered within two (2) hours of the occurrence, the supervisor shall document the reason(s) why it was not promptly administered. If more than eight (8) hours pass, then no following an accident or until the post-accident alcohol test will be administeredis conducted, whichever comes first. D. Fitness for duty medical examinations; E. Employees participating in a substance abuse rehabilitation program (subject to quarterly testing during and for a period of two years after completion of program); F. Random testing: The following employees are subject to random testing for substance abuse at any time during working hours: • Employees whose job requires them to operate any city vehicle or use their own vehicle for city business. If more than thirty-two (32) hours pass• Employees whose job requires them to operate machinery or heavy equipment. • Employees in public safety occupations such as police officer, no drug test firefighter, or emergency medical personnel. The selection of employees for random alcohol and controlled substances testing shall be administered. If either test is not completed, Human Resources shall document the reason(s) why. C. Random Testing 1. Random testing for alcohol and/or controlled substances will be conducted on all employees before, during or after their scheduled shift. 2. Random tests will be unannounced and will occur throughout the calendar year. 3. The random selectees will be notified made by a designated human resources representative using scientifically valid method, such as a lottery system conducted by random number table of a computer-based random number generator that is matched with an outside agencyidentifying number. The RandomUnder the selection process used, the CDL, and the FTA testing will be conducted by the same agency. To ensure that all employees who have been designated for testing each employee shall have an equal chance of being randomly tested, a scientifically valid random process tested each time selections are made. There is used. a. The annual no limit to the number of times any employee may be tested. The minimum annual percentage rate for random alcohol tests will controlled substances testing shall be no more than ten 50 percent (10%) of the average number of employees subject to random testingemployees. b. The annual number G. Any discharge of random drug tests will be no more than twenty-five percent (25%) a firearm in the line of the average number of employees subject to random testingduty that is not training related. 4. Human Resources will notify the employee’s supervisor or designee and provide the name of the individual selected for random testing. The employee shall not be given advance notice of the scheduled testing. Upon notification by the supervisor, employees shall proceed immediately to the testing site.