Common use of Workplace Substance Abuse Program Clause in Contracts

Workplace Substance Abuse Program. ‌ (a) Drug Control Program Including “Random” and “For Cause” Testing Drug testing under the Workplace Substance Abuse Program (WSAP) will be conducted using existing testing procedures and protocols. During the term of the contract, no employee tested randomly for drug use will be automatically terminated for a first time positive random test. This does not mean that termination is precluded. All union positions within the Company shall be WSAP Positions (b) The items listed below describe the basic terms, but not all details of the program as implemented. Current procedures and protocols will be utilized in administering the program. 1. Illegal drugs include any substance, which under the Federal Controlled Substances Act or state statute is unlawful to possess. Examples are marijuana, cocaine, heroin, quaaludes, hallucinogens, and other street drugs; and controlled prescription drugs such as amphetamines and barbiturates that have not been lawfully prescribed for the individual using or possessing them. 2. Employees who manufacture, use, possess, or traffic in illegal drugs whether on or off the job or Company premises subject themselves to disciplinary action up to and including termination, even for a first offense. An employee will not be retained on the payroll following a second offense 3. The Company encourages any employee having a drug problem to seek medical assistance promptly. Employees may elect to take advantage of counseling and rehabilitation services available through referrals by our medical department as provided by the health care plan. In cases where the employee is found to be in violation of this policy, but not terminated, the Company will strongly urge and may require that employee to obtain appropriate medical assistance. If an employee has a drug problem and voluntarily seeks the help of the Medical Department to overcome the problem, the services of the Medical Department are available to the employee. Medical may refer the employee to outside groups for special assistance when appropriate. An employee’s decision to seek medical assistance will not be used by the Company as a basis for disciplinary action, nor will it be a defense to or a mitigating factor in the imposition of appropriate disciplinary action, including termination, where facts indicating a violation of this policy are obtained independent of the employee’s consultations with the Medical Department. 4. Where there is reasonable suspicion to believe that an employee may have used an illegal drug, including work-related accidents and unusual occurrences, and on an on-going random basis per WSAP requirements the Company may require the employee to submit to a drug test. The Human Resources Director will inform the employee in writing of the basis for the reasonable suspicion. An employee’s refusal to consent to drug testing under these circumstances will be considered to be cause for disciplinary action, up to and including termination, even for a first refusal The Company will not take any action until the matter has been fully reviewed with the Human Resources Director or designated representative. The Human Resources Director will consult the Medical Department as appropriate. A case arising during off-shift hours must be carefully reviewed before any action is taken. 5. Drug testing is by urinalysis and is performed in two (2) stages by an independent laboratory. In the first stage, EMIT immunoassay is used to screen urine specimens for classes of drugs. EMIT immunoassay is an analytical technique which utilizes an antibody that is specific for a drug. Actual quantitation is based on the measurement of enzyme activity, which is proportional to the amount of drug present. In the second stage, if positive results are found in the first stage, portions of the same specimen will be tested using the tandem technique of gas chromatography/mass spectrometry (GC/MS), which positively identifies and quantitates the presence of a specific drug. No test result will be reported by the independent laboratory as a positive drug test result unless both the initial test and the confirming test are positive. An amount of an illegal drug in an individual’s body equal to or higher than the threshold level as detected by a drug test is considered to be use of the drug by an individual. Drug testing will be for those drug classes and at screening and confirmation threshold levels as are now approved by the National Institute on Drug Abuse (NIDA) of the U.S. Department of Health and Human Services (DHHS). Current NIDA and DHHS procedures and protocols for such matters as sample collection and transport, laboratory testing, handling of test results, will be utilized in the Company’s administration and enforcement of this program. The testing laboratory will be NIDA/DHHS certified and mutually selected by the parties. 6. The medical staff or designee will collect urine samples from employees for the purpose of drug testing. They will closely monitor the urine sample collection and establish a chain of custody by receipts documentation for the packaging of samples and their delivery to the independent laboratory that conducts the testing. A breach of the chain of custody will render the specimen unusable. Protocols are established to guarantee the chain of custody through the testing laboratory, the privacy of the individual, and for assuring the continuing high quality of the laboratory’s testing methods. It is understood that the employee will not be directly observed while actually collecting the urine specimen into the specimen bottle The employee to be tested will produce two (2) urine specimens at the same time at the Company’s Medical Department. Both specimens will be processed under existing chain of custody and collection protocols and transported to the independent laboratory. Should urinalysis of the first specimen yield a positive test result after review by the Medical Review Officer, the employee may then elect to have his/her second specimen also tested by the laboratory. In such case the employee will not be deemed to have tested positive unless the test results for both specimens are positive. 7. Information obtained on individuals as part of the drug testing or this Drug Control Program will be 8. The MRO shall be selected by the Company and shall meet the requirements of this protocol, under contract to the Company and certified by the American Association of MROʼs or the American Academy of Occupational and Environmental Medicine. The MRO will report his/her findings to the Company Medical Department. 9. An employee found to have used an illegal drug, if not terminated, is required to sign a statement agreeing, in lieu of termination, not to use illegal drugs again. The employee is thereafter required to provide the Medical Department with urine samples at intervals and over a period of time as recommended by the Company for follow-up drug testing. 10. A positive result from a confirmed drug test will be promptly reported to the Department of Energy. 11. The Company may search individuals, their personal effects, work areas, desks, lockers, etc. Such searches will be conducted on premises, unannounced and may include the use of drug detection dogs. Xxx-down searches of individuals and searches of vehicles in plant parking lots will be conducted only when there is reason to suspect manufacture, use, possession, or trafficking of illegal drugs and these searches will normally be conducted by or under the supervision of the Security organization. An employee’s refusal to consent to a search under these circumstances will subject the employee to disciplinary action up to and including termination, even for a first refusal 12. Employees are required to notify the plant Human Resources Director of their conviction of any criminal drug offense occurring in the workplace or while conducting Company business off Company premises within five (5) days following the conviction. Such convictions will be reported immediately or in any case within ten (10) days to the Department of Energy. Within thirty (30) days of receiving notice of the employee’s conviction, the Company will take appropriate disciplinary action up to and including termination and/or will require the employee to satisfactorily participate in an approved rehabilitation program. 13. As a condition of employment, employees must abide by the terms of this policy.

Workplace Substance Abuse Program. ‌ (a) Drug Control Program Including “Random” and “For Cause” Testing Drug testing under the Workplace Substance Abuse Program (WSAP) will be conducted using existing testing procedures and protocols. During the term of the contract, no employee tested randomly for drug use will be automatically terminated for a first time positive random test. This does not mean that termination is precluded. All union positions within the Company shall be WSAP Positions (b) The items listed below describe the basic terms, but not all details of the program as implemented. Current procedures and protocols will be utilized in administering the program. 1. Illegal drugs include any substance, which under the Federal Controlled Substances Act or state statute is unlawful to possess. Examples are marijuana, cocaine, heroin, quaaludes, hallucinogens, and other street drugs; and controlled prescription drugs such as amphetamines and barbiturates that have not been lawfully prescribed for the individual using or possessing them. 2. Employees who manufacture, use, possess, or traffic in illegal drugs whether on or off the job or Company premises subject themselves to disciplinary action up to and including termination, even for a first offense. An employee will not be retained on the payroll following a second offense 3. The Company encourages any employee having a drug problem to seek medical assistance promptly. Employees may elect to take advantage of counseling and rehabilitation services available through referrals by our medical department as provided by the health care plan. In cases where the employee is found to be in violation of this policy, but not terminated, the Company will strongly urge and may require that employee to obtain appropriate medical assistance. If an employee has a drug problem and voluntarily seeks the help of the Medical Department to overcome the problem, the services of the Medical Department are available to the employee. Medical may refer the employee to outside groups for special assistance when appropriate. An employee’s decision to seek medical assistance will not be used by the Company as a basis for disciplinary action, nor will it be a defense to or a mitigating factor in the imposition of appropriate disciplinary action, including termination, where facts indicating a violation of this policy are obtained independent of the employee’s consultations with the Medical Department. 4. Where there is reasonable suspicion to believe that an employee may have used an illegal drug, including work-related work‐related accidents and unusual occurrences, and on an on-going on‐going random basis per WSAP requirements the Company may require the employee to submit to a drug test. The Human Resources Director will inform the employee in writing of the basis for the reasonable suspicion. An employee’s refusal to consent to drug testing under these circumstances will be considered to be cause for disciplinary action, up to and including termination, even for a first refusal The Company will not take any action until the matter has been fully reviewed with the Human Resources Director or designated representative. The Human Resources Director will consult the Medical Department as appropriate. A case arising during off-shift off‐shift hours must be carefully reviewed before any action is taken. 5. Drug testing is by urinalysis and is performed in two (2) stages by an independent laboratory. In the first stage, EMIT immunoassay is used to screen urine specimens for classes of drugs. EMIT immunoassay is an analytical technique which utilizes an antibody that is specific for a drug. Actual quantitation is based on the measurement of enzyme activity, which is proportional to the amount of drug present. In the second stage, if positive results are found in the first stage, portions of the same specimen will be tested using the tandem technique of gas chromatography/mass spectrometry (GC/MS), which positively identifies and quantitates the presence of a specific drug. No test result will be reported by the independent laboratory as a positive drug test result unless both the initial test and the confirming test are positive. An amount of an illegal drug in an individual’s body equal to or higher than the threshold level as detected by a drug test is considered to be use of the drug by an individual. Drug testing will be for those drug classes and at screening and confirmation threshold levels as are now approved by the National Institute on Drug Abuse (NIDA) of the U.S. Department of Health and Human Services (DHHS). Current NIDA and DHHS procedures and protocols for such matters as sample collection and transport, laboratory testing, handling of test results, will be utilized in the Company’s administration and enforcement of this program. The testing laboratory will be NIDA/DHHS certified and mutually selected by the parties. 6. The medical staff or designee will collect urine samples from employees for the purpose of drug testing. They will closely monitor the urine sample collection and establish a chain of custody by receipts documentation for the packaging of samples and their delivery to the independent laboratory that conducts the testing. A breach of the chain of custody will render the specimen unusable. Protocols are established to guarantee the chain of custody through the testing laboratory, the privacy of the individual, and for assuring the continuing high quality of the laboratory’s testing methods. It is understood that the employee will not be directly observed while actually collecting the urine specimen into the specimen bottle The employee to be tested will produce two (2) urine specimens at the same time at the Company’s Medical Department. Both specimens will be processed under existing chain of custody and collection protocols and transported to the independent laboratory. Should urinalysis of the first specimen yield a positive test result after review by the Medical Review Officer, the employee may then elect to have his/her second specimen also tested by the laboratory. In such case the employee will not be deemed to have tested positive unless the test results for both specimens are positive. 7. Information obtained on individuals as part of the drug testing or this Drug Control Program will bebe treated confidentially and will be disclosed only to those having a legitimate need to know. 8. The MRO shall be selected by the Company and shall meet the requirements of this protocol, under contract to the Company and certified by the American Association Associa�on of MROʼs or the American Academy of Occupational and Environmental Medicine. The MRO will report his/her findings to the Company Medical Department. 9. An employee found to have used an illegal drug, if not terminated, is required to sign a statement agreeing, in lieu of termination, not to use illegal drugs again. The employee is thereafter required to provide the Medical Department with urine samples at intervals and over a period of time as recommended by the Company for follow-up follow‐up drug testing. 10. A positive result from a confirmed drug test will be promptly reported to the Department of Energy. 11. The Company may search individuals, their personal effects, work areas, desks, lockers, etc. Such searches will be conducted on premises, unannounced and may include the use of drug detection dogs. Xxx-down Xxx‐down searches of individuals and searches of vehicles in plant parking lots will be conducted only when there is reason to suspect manufacture, use, possession, or trafficking of illegal drugs and these searches will normally be conducted by or under the supervision of the Security organization. An employee’s refusal to consent to a search under these circumstances will subject the employee to disciplinary action up to and including termination, even for a first refusal 12. Employees are required to notify the plant Human Resources Director of their conviction of any criminal drug offense occurring in the workplace or while conducting Company business off Company premises within five (5) days following the conviction. Such convictions will be reported immediately or in any case within ten (10) days to the Department of Energy. Within thirty (30) days of receiving notice of the employee’s conviction, the Company will take appropriate disciplinary action up to and including termination and/or will require the employee to satisfactorily participate in an approved rehabilitation program. 13. As a condition of employment, employees must abide by the terms of this policy.

Workplace Substance Abuse Program. ‌ (a) Drug Control Program Including “Random” and “For Cause” Testing Drug testing under the Workplace Substance Abuse Program (WSAP) will be conducted using existing testing procedures and protocols. During the term of the contract, no employee tested randomly for drug use will be automatically terminated for a first first time positive random test. This does not mean that termination is precluded. All union positions within the Company shall be WSAP Positions (b) The items listed below describe the basic terms, but not all details of the program as implemented. Current procedures and protocols will be utilized in administering the program. 1. Illegal drugs include any substance, which under the Federal Controlled Substances Act or state statute is unlawful to possess. Examples are opioids, marijuana, cocaine, heroin, quaaludes, hallucinogens, and other street drugs; and controlled prescription drugs such as amphetamines and barbiturates that have not been lawfully prescribed for the individual using or possessing them. 2. Employees who manufacture, use, possess, or traffic traffic in illegal drugs whether on or off the job or Company premises subject themselves to disciplinary action up to and including termination, even for a first first offense. An employee will not be retained on the payroll following a second offense. 3. The Company encourages any employee having a drug problem to seek medical assistance promptly. Employees may elect to take advantage of counseling and rehabilitation services available through referrals by our medical department as provided by the health care plan. In cases where the employee is found to be in violation of this policy, but not terminated, the Company will strongly urge and may require that employee to obtain appropriate medical assistance. If an employee has a drug problem and voluntarily seeks the help of the Medical Department to overcome the problem, the services of the Medical Department are available to the employee. Medical may refer the employee to outside groups for special assistance when appropriate. An employee’s decision to seek medical assistance will not be used by the Company as a basis for disciplinary action, nor will it be a defense to or a mitigating factor in the imposition of appropriate disciplinary action, including termination, where facts indicating a violation of this policy are obtained independent of the employee’s consultations with the Medical DepartmentOccupational Medicine Provider. 4. Where there is reasonable suspicion to believe that an employee may have used an illegal drug, including work-related accidents and unusual occurrences, and on an on-going random basis per WSAP requirements the Company may require the employee to submit to a drug test. The Human Resources Director Resources/ Labor Relations Manager will inform the employee in writing of the basis for the reasonable suspicion. An employee’s refusal to consent to drug testing under these circumstances will be considered to be cause for disciplinary action, up to and including termination, even for a first refusal first refusal. The Company will not take any action until the matter has been fully reviewed with the Human Resources Director or designated representative. The Human Resources Director Resources/ Labor Relations Manager will consult the Medical Department as appropriate. A case arising during off-shift hours must be carefully reviewed before any action is taken. 5. Drug testing is by urinalysis and is performed in two (2) stages by an independent laboratory. In the first first stage, EMIT immunoassay is used to screen urine specimens for classes of drugs. EMIT immunoassay is an analytical technique which utilizes an antibody that is specific specific for a drug. Actual quantitation is based on the measurement of enzyme activity, which is proportional to the amount of drug present. In the second stage, if positive results are found in the first first stage, portions of the same specimen will be tested using the tandem technique of gas chromatography/mass spectrometry (GC/MS), which positively identifies identifies and quantitates the presence of a specific specific drug. No test result will be reported by the independent laboratory as a positive drug test result unless both the initial test and the confirming confirming test are positive. An amount of an illegal drug in an individual’s body equal to or higher than the threshold level as detected by a drug test is considered to be use of the drug by an individual. Drug testing will be for those drug classes and at screening and confirmation confirmation threshold levels as are now approved by the National Institute on Drug Abuse (NIDA) of the U.S. Department of Health and Human Services (DHHS). Current NIDA and DHHS procedures and protocols for such matters as sample collection and transport, laboratory testing, handling of test results, will be utilized in the Company’s administration and enforcement of this program. The testing laboratory will be NIDA/DHHS certified certified and mutually selected by the parties. 6. The medical staff or designee will collect urine samples from employees for the purpose of drug testing. They will closely monitor the urine sample collection and establish a chain of custody by receipts documentation for the packaging of samples and their delivery to the independent laboratory that conducts the testing. A breach of the chain of custody will render the specimen unusable. Protocols are established to guarantee the chain of custody through the testing laboratory, the privacy of the individual, and for assuring the continuing high quality of the laboratory’s testing methods. It is understood that the employee will not be directly observed while actually collecting the urine specimen into the specimen bottle bottle. The employee to be tested will produce two (2) urine specimens at the same time at the Company’s Medical Department. Both specimens will be processed under existing chain of custody and collection protocols and transported to the independent laboratory. Should urinalysis of the first first specimen yield a positive test result after review by the Medical Review OfficerOfficer, the employee may then elect to have his/her second specimen also tested by the laboratory. In such case the employee will not be deemed to have tested positive unless the test results for both specimens are positive. 7. Information obtained on individuals as part of the drug testing or this Drug Control Program will bebe treated confidentially and will be disclosed only to those having a legitimate need to know. 8. The MRO shall be selected by the Company and shall meet the requirements of this protocol, under contract to the Company and certified certified by the American Association of MROʼs or the American Academy of Occupational and Environmental Medicine. The MRO will report his/her findings findings to the Company Medical DepartmentOccupational Medicine Provider. 9. An employee found to have used an illegal drug, if not terminated, is required to sign a statement agreeing, in lieu of termination, not to use illegal drugs again. The employee is thereafter required to provide the Medical Department with urine samples at intervals and over a period of time as recommended by the Company for follow-up drug testing. 10. A positive result from a confirmed confirmed drug test will be promptly reported to the Department of Energy. 11. The Company may search individuals, their personal effects, work areas, desks, lockers, etc. Such searches will be conducted on premises, unannounced and may include the use of drug detection dogs. XxxPat-down searches of individuals and searches of vehicles in plant parking lots will be conducted only when there is reason to suspect manufacture, use, possession, or trafficking trafficking of illegal drugs and these searches will normally be conducted by or under the supervision of the Security organization. An employee’s refusal to consent to a search under these circumstances will subject the employee to disciplinary action up to and including termination, even for a first first refusal. 12. Employees are required to notify the plant Human Resources Director Resources/ Labor Relations Manager of their conviction of any criminal drug offense occurring in the workplace or while conducting Company business off Company premises within five five (5) days following the conviction. Such convictions will be reported immediately or in any case within ten (10) days to the Department of Energy. Within thirty (30) days of receiving notice of the employee’s conviction, the Company will take appropriate disciplinary action up to and including termination and/or will require the employee to satisfactorily participate in an approved rehabilitation program. 13. As a condition of employment, employees must abide by all of the terms of this policythe Company Substance Abuse Program Plan.