Reasonable Cause Testing. Reasonable cause for testing is a belief that an employee is under the influence of a drug and/or alcohol based on specific facts and/or reasonable inferences derived from those facts. An observing supervisor shall describe and document the following: -Specific observations concerning the appearance, behavior, speech or performance of the employee; and/or -Violation of safety rule or other unsafe work incident which, after investigation, leads the supervisor(s) to believe that drug and/or alcohol use may be a contributing factor; and/or -Other physical, circumstantial or immediate indicators of drug and/or alcohol use.
Reasonable Cause Testing a. A positive test is a dischargeable offense unless the Union and the Employer expressly agree to a lesser penalty. Any such agreement will not be precedent setting.
Reasonable Cause Testing. Upon reasonable cause, UPS Freight will require an employee to be tested for the use of controlled substances. Reasonable cause is defined as an employee’s observable action, appearance, or conduct that clearly indicates the need for a fitness for duty medical evaluation. The employee’s conduct must be witnessed by at least one (1) supervisor, two (2) if available. The witnesses must have received training in observing a person's behavior to determine if a medical evaluation is required. When the supervisor(s) confront(s) an employee, a Union representative should be made available, if requested. If no xxxxxxx is present, the employee may select another hourly paid employee to represent him. Documentation of the employee's conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the observed behavior, or before the test results are released, whichever is earlier. In addition, a copy will be sent to the Local Union in a timely manner. The employee shall not be required to waive any claim or cause of action under law.
Reasonable Cause Testing. Upon reasonable cause, UPS will require an employee to be tested for the use of alcohol. Reasonable cause is defined as an employee’s observable action, appearance, or conduct that clearly indicates the need for a fitness for duty medical evaluation. The employee’s conduct must be witnessed by at least one (1) supervisor, two (2) if available. The witnesses must have received training in observing a person’s behavior to determine if a medical evaluation is required. When the supervisor confronts an employee, a Union representative should be made available, if requested. If no xxxxxxx is present, the employee may select another hourly paid employee to represent him. Documentation of the employee’s conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the observed behavior. In addition, a copy will be sent to the Local Union in a timely manner.
Reasonable Cause Testing. An employee who is tested for reasonable cause and whose alcohol level is 0.02 to 0.039 will be taken out of service for twenty-four (24) hours and receive a warning letter. An employee who is tested for reasonable cause and whose alcohol level is 0.040 to 0.069 will be taken out of service for twenty-four (24) hours, referred to a Substance Abuse Professional (SAP) and suspended for ten (10) days. If the employee has committed a disciplinary offense under the terms of the supplemental agreement, the results of the test may be used in the support of the Employer's disciplinary action. A second positive test of 0.02 or above is a dischargeable offense. A positive test of 0.070 or above is a dischargeable offense. A presumption exists that the employee was drinking on the job if the observation, time of testing and alcohol level combine to show the employee's level was too high to have consumed alcohol prior to the employee's report time. An employee taken out of service for a positive test result must have a negative test prior to returning to work.
Reasonable Cause Testing a. A positive test is a dischargeable offense.
Reasonable Cause Testing. All persons designated by this employer who supervise the employees must complete supervisory training in accordance with Part 382.603. When the designated person(s) has reasonable suspicion that an employee is under the influence of drugs or alcohol that employee shall be required to submit to an alcohol and/or drug test. This employer’s determination that reasonable suspicion exists to require the employee to undergo an alcohol and/or drug test must be based on specific contemporaneous, articulable observations concerning the appearance, behavior, speech or body odor of the employee. Alcohol testing is authorized only when observations of the employee are made during, just before or just after the period of the work day the employee is required to be in compliance with Part 382. The employee may be required to undergo reasonable suspicion alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased such functions. If a reasonable cause alcohol test is not conducted within two hours after observing the employee, this employer shall prepare and maintain on file a record stating the reason why the test was not promptly administered. If the test is not conducted within eight hours after observing the employee, this employer shall cease attempts to conduct the test and prepare and maintain on file a record stating the reasons why the test was not administered. No employee shall report for duty or remain on duty when this employer’s designated person(s) has observed the employee as under the influence of alcohol or impaired by alcohol. This employer shall not permit the employee to perform or continue to perform safety-sensitive functions until an alcohol test is conducted and the employee’s alcohol test result is less than .02 or 24 hours have elapsed since this employer’s first suspicion of the employee being under the influence of or impaired by alcohol. Refusal to submit to a reasonable cause test shall be considered a positive test.
Reasonable Cause Testing. Upon reasonable cause, UPS will require an employee to be tested for the use of controlled substances. Reasonable cause is defined as an employee’s observable action, appearance, or conduct that clearly indicates the need for a fit- ness-for-duty medical evaluation. The employee’s conduct must be witnessed by at least two (2) su- pervisors, if available. The witnesses must have received training in observing a person’s behavior to determine if a medical evalua- tion is required. When the supervisor(s) confronts an employee, a Union representative should be made available pursuant to Article 2 of this current Agreement as interpreted. If no xxxxxxx is present, the employee may select another hourly paid employee to repre- sent him. Documentation of the employee’s conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the ob- served behavior, or before the test results are released, whichever is earlier. In addition, a copy will be sent to the Local Union in a timely manner. Note: (Reasonable Cause) At the time the urine specimen is collected, the employee may opt to also give a blood sample. If the employee takes this option, the blood sample must confirm positive presence for the substance con- firmed in the urine test. If no positive is confirmed in the blood specimen, the employee will be given a warning letter, offered an opportunity for rehabilitation as set forth in this Article, and the employee will be required to otherwise satisfy the requirements im- posed by the DOT regulations. However, if there is a second occa- sion where reasonable cause testing results in a positive urine test, the employee will then be subject to discharge. Non-DOT—Reasonable Cause: In the event an employee (not covered by DOT) is tested pursuant to the discipline Article 11 of this current Agreement, such test will be performed under the same procedures and requirements as those set forth in this Article. In the event the test result is positive, as set forth above, it shall be considered a dischargeable offense.
Reasonable Cause Testing. An employee will be tested for reasonable cause when specific, reliable objective facts and circumstances are sufficient to warrant a prudent person to believe that the employee more probably than not may have used a controlled substance or alcohol as evidenced by work performance, behavior or appearance while on the job site. If cause results from an observation, the observation must be confirmed by a second member of Contractor supervision and those Contractor representatives will endeavor to consult with the prime Contractor's Safety Representative or designee. The Contractor will notify the Substance Abuse Coordinator within one (1) working day of directing the employee to a reasonable cause test.
Reasonable Cause Testing. The Employer will require a worker to be tested for the use of alcohol, illegal drugs, or the abuse of a prescription medication if the worker's physical appearance or pattern of behavior gives the Employer reason to believe the worker is alcohol or drug impaired and that impairment would endanger the worker's well being, as well as the safety of fellow workers or the general public. The basis of suspicion indicating drug or alcohol abuse may be a specific, contemporaneous event, or conduct evidencing impairment observed by a supervisor over a period of time. Any such observed behavior must be witnessed by at least two (2) witnesses prior to the worker involved being requested to take a reasonable cause test. The Employer will make arrangements to insure that all workers who are requested to take a reasonable cause test will be transported to a collection clinic to take the test.
