Administration of Tests. The City may require an employee to submit immediately to breathalyzer and/or urine tests if the City determines there is reasonable suspicion for such testing. If an employee is required to undergo such testing based on reasonable suspicion, the City will provide the employee with the basis for such reasonable suspicion in writing at or about the time the test is administered. If the written basis is not provided prior to the actual test, a verbal statement of the basis will be provided prior to administering the test. The City may use breathalyzer tests as well as urine tests for alcohol testing. For drug/alcohol tests not involving a breathalyzer, the City shall use D.O.T. laboratories and shall have a supervisor accompany the employee being tested to the testing facility. The testing facility shall be responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe the employee is tampering with the testing procedure. If the first test results in a positive finding, a confirmatory test (GC/MS or a scientifically accurate equivalent) shall be conducted. An initial positive result shall not be submitted to the City unless a confirmatory test result is also positive as to the same sample. Upon request, the City shall provide an employee with a copy of any test results which the City receives with respect to such employee. A portion of the tested sample shall be retained by the laboratory so that the employee may arrange for another confirmatory test (GC/MS or a scientifically accurate equivalent) to be conducted by a licensed clinical laboratory of the employee’s choosing and at the employee’s expense. Once the portion of the tested sample leaves the clinical laboratory selected by the employer from the list maintained by the City, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. Within two (2) working days after the test is administered, the employee may request a meeting with his department head. At any such meeting, the employee may raise issues relating to the testing, including the basis for reasonable suspicion. The employee shall also have a one-time only option at this meeting to admit to a drug/alcohol problem and to seek assistance from the City’s Employee Assistance Program (“EAP”). If the employee invokes this option, the test results shall not be made available to the City. Except where the employee invokes the one-time only option to admit to the problem and to seek assistance from the EAP, the results of any positive tests shall be made available to the City. If an employee tests positive for the use of a proscribed drug, the City may take such action as the City in its discretion deems appropriate, up to and including discharge but also including demotion or reassignment. The first time an employee tests positive for substance abuse involving something other than a proscribed drug, and/or if the employee invokes the one-time only option to admit to the problem and to seek assistance from the EAP, the employee shall be required to enter and successfully complete the EAP, during which time the employee may be required to submit to random testing (no more than 6 times in the first 12 months, and no more than two years following the original positive test) with the understanding that if the employee again tests positive the City may take such action as the City in its discretion deems appropriate, up to and including discharge. The City in any event retains the right to take such action as the City in its discretion deems appropriate if an employee engages in conduct prohibited by Section B.3 of this Appendix, or in conduct that is otherwise subject to discipline and is aggravated by drug or alcohol abuse.
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Administration of Tests. The City may require an employee to submit immediately to breathalyzer and/or urine tests if the City determines there is reasonable suspicion for such testing. If an employee is required to undergo such testing based on reasonable suspicion, the City will provide the employee with the basis for such reasonable suspicion in writing at or about the time the test is administered. If the written basis is not provided prior to the actual test, a verbal statement of the basis will be provided prior to administering the test. The City may use breathalyzer tests as well as urine tests for alcohol testing. For drug/alcohol tests not involving a breathalyzer, the City shall use D.O.T. laboratories and shall have a supervisor accompany the employee being tested to the testing facility. The testing facility shall be responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe the employee is tampering with the testing procedure. If the first test results in a positive finding, a confirmatory test (GC/MS or a scientifically accurate equivalent) shall be conducted. An initial positive result shall not be submitted to the City unless a confirmatory test result is also positive as to the same sample. Upon request, the City shall provide an employee with a copy of any test results which the City receives with respect to such employee. A portion of the tested sample shall be retained by the laboratory so that the employee may arrange for another confirmatory test (GC/MS or a scientifically accurate equivalent) to be conducted by a licensed clinical laboratory of the employee’s choosing and at the employee’s expense. Once the portion of the tested sample leaves the clinical laboratory selected by the employer from the list maintained by the City, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. Within two (2) working days after the test is administered, the employee may request a meeting with his department head. At any such meeting, the employee may raise issues relating to the testing, including the basis for reasonable suspicion. The employee shall also have a one-time only option at this meeting to admit to a drug/, cannabis or alcohol problem and to seek assistance from the City’s Employee Assistance Program (“EAP”). If the employee invokes this option, the test results shall not be made available to the City. Except where the employee invokes the one-time only option to admit to the problem and to seek assistance from the EAP, the results of any positive tests shall be made available to the City. If an employee tests positive for the use of a proscribed drug, the City may take such action as the City in its discretion deems appropriate, up to and including discharge but also including demotion or reassignment. The first time an employee tests positive for substance abuse involving something other than a proscribed drugcannabis or alcohol, and/or if the employee invokes the one-time only option to admit to the problem and to seek assistance from the EAP, the employee shall be required to enter and successfully complete the EAP, during which time the employee may be required to submit to random testing (no more than 6 times in the first 12 months, and no more than two years following the original positive test) with the understanding that if the employee again tests positive the City may take such action as the City in its discretion deems appropriate, up to and including discharge. The City in any event retains the right to take such action as the City in its discretion deems appropriate if an employee engages in conduct prohibited by Section B.3 3 of this Appendix, or in conduct that is otherwise subject to discipline and is aggravated by drug drug, cannabis or alcohol abuse.
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