WHEN TESTING IS REQUIRED. An employee may be required to submit to drug and/ or alcohol testing only when there is reasonable suspicion to believe that the employee is at work under the influence of alcohol or illegal drugs. Reasonable suspicion will not be used to harass or intimidate any employee.
B.3.1 The basis for the reasonable suspicion shall be documented in writing prior to or at the time the employee is requested to submit to testing.
B.3.2 A Union representative shall be summoned before the employee is approached and the Union representative shall be present when the employee is first told of the reasonable suspicion, unless obtaining a Union representative will delay the notification required by this section for more than two (2) hours.
B.3.3 Prior to testing, the employee shall be given an opportunity to confer with the Union representative (if readily available), and the employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to prescription or over-the-counter drugs, fatigue, exposure to toxic substances, or any other reasons known to the employee, to the City representative telling the employee the basis for reasonable suspicion. The Union representative may be present during this discussion and any testing that occurs. The Employer shall take any information provided into consideration. If the Employer decides to continue to have the employee submit to testing, the Employer must document in writing why reasonable suspicion still exists after the explanation. Failing a drug and/or alcohol test means that the test showed positive evidence of the presence of a prohibited substance in an employee’s system that is at or above the determined threshold level. This determination is made by the MRO. Failing a drug and/or alcohol test shall be referred to as “test positive”. Disciplinary action may be taken by the Employer if an employee results “test positive”, subject to the provisions of the parties’ collective bargaining agreement.
WHEN TESTING IS REQUIRED. B3.1 An employee may be required to submit to drug or alcohol testing only when there is reasonable suspicion to believe that the employee is under the influence of drugs or alcohol. Reasonable suspicion testing shall not be used to harass or intimidate any employee.
3.1.1 The basis for the reasonable suspicion shall be documented in writing prior to, or as close in time as reasonably possible to, the time the employee is requested to submit to testing.
3.1.2 An Association representative shall be summoned before the employee is approached. An Association representative shall be present when the employee is first told of the reasonable suspicion; however, in no case shall the testing be unreasonably delayed or cancelled in an attempt to obtain Association representation.
3.1.3 At the employee’s request the employee shall be given an opportunity to confer with the Association representative, provided that such conference does not unreasonably delay any test. The employee shall be given an opportunity to explain the reasons for the employee’s condition, such as reaction to prescription or over-the-counter drugs, fatigue, exposure to toxic substances, or any other reasons known to the employee, to the City representative telling the employee the basis for reasonable suspicion. The Association representative may be present during this discussion.
B3.2 An employee who refuses to submit to testing for alcohol and/or drugs shall be conclusively presumed to be under the influence of alcohol or a drug for the purpose of administering this Policy, and therefore will be subject to discipline, up to and including immediate discharge.
WHEN TESTING IS REQUIRED. An employee may be required to submit to drug or alcohol testing only when there is reasonable suspicion to believe that the employee is in violation of this policy. Reasonable suspicion will not be used to harass or intimidate any employee.
