Common use of Chemical Testing Clause in Contracts

Chemical Testing. It is the policy of the City of Santa ▇▇▇▇▇, the Santa ▇▇▇▇▇ Police Department and the Association to provide and maintain a drug and alcohol free work environment for all employees. The above parties recognize and agree that the duties, responsibilities and actions of a police officer may expose the City, the Department and its employees to possible civil or criminal liabilities in the area of drug and alcohol use. In order to address the above concerns, all parties agree as follows: It will be the responsibility of any represented employee to comply with the Santa ▇▇▇▇▇ Police Department policy on drug and alcohol use, and pursuant thereto, to submit to a blood, breath or urine test as appropriate, when ordered by the Chief of Police or his/her designee. All chemical testing shall be administered in a medically approved manner and as soon as practical after being ordered, but no later than six (6) hours after the incident, whether the employee is on-duty or off- duty at the time of the occurrence whenever any of the following occur: A. Any incident in which a firearm is discharged by an employee, acting under the color of authority, and death or serious injury is likely to occur. Furthermore, unless the death or serious injury of another occurs, this section will not apply to incidents in which a firearm is discharged accidentally, as a warning shot, or at a dangerous or suffering animal. For the purpose of this section, the use of an extended range impact weapon is not defined as a firearm discharge unless used as deadly force. B. Any incident involving an employee's direct application of physical force personally upon another which results in death or serious bodily injury and the employee is acting under color of authority. C. Any traffic accident involving an employee operating a City-owned vehicle which results in death of another or any traffic accident involving an employee operating a City-owned vehicle which results in serious bodily injury to another and the employee appears to be the proximate cause of the accident. D. Any incident where the Chief of Police or his/her designee has a reasonable belief based upon objective symptoms that an employee is in violation of the of the departmental policy on drug or alcohol use. The verbal order to submit to a blood, breath or urine test(s) shall set forth the reasons for the test(s) and shall be followed at the time the test is administered by a written statement of the order. E. Any incident where the Chief of Police or his/her designee develops reasonable suspicion that an employee has used illegal drugs. Reasonable suspicion will be defined as that quantity of proof or evidence that is more than a hunch, but less than probable cause and must be based on objective and articulable facts sufficient to lead a reasonable, prudent supervisor to suspect that an employee has used illegal drugs. The following examples, alone or in combination, may constitute reasonable suspicion: 1) A pattern of documented abnormal or erratic behavior that indicates potential drug use; 2) Direct observation of drug or alcohol use; 3) Corroborated information provided by a reliable and credible source that an employee has engaged in illegal drug use, the identity of which source shall be available to the employee and the Association. F. Employees being assigned to, or being rotated out of specific assignments shall be subject to drug testing at the beginning and at the end of such assignments. These assignments include the Specialized Crimes Action Team (SCAT), Santa ▇▇▇▇▇ County Special Enforcement Team (SCCSET), and the Administrative Narcotics Investigator. Demands for drug or alcohol analysis by supervisors which are determined to be malicious will not be tolerated and may subject the directing individual to disciplinary action.

Chemical Testing. It is the policy of the City of Santa ▇▇▇▇▇, the Santa ▇▇▇▇▇ Police Department and the Association to provide and maintain a drug and alcohol free work environment for all employees. The above parties recognize and agree that the duties, responsibilities and actions of a police officer may expose the City, the Department and its employees to possible civil or criminal liabilities in the area of drug and alcohol use. In order to address the above concerns, all parties agree as follows: It will be the responsibility of any represented employee to comply with the Santa ▇▇▇▇▇ Police Department policy on drug and alcohol use, and pursuant thereto, to submit to a blood, breath or urine blood test as appropriate, appropriate and chosen by the involved employee when ordered by the Chief of Police or his/her designee. A breath test may be chosen if only alcohol is suspected. All chemical testing shall be administered in a medically approved manner and as soon as practical after being ordered, but no later than six (6) hours after the incidentincident in the case of subsection A, B, C, or D listed below, whether the employee is on-on- duty or off- off-duty at the time of the occurrence whenever any of the following occur: A. Any incident in which a firearm is discharged by an employee, acting under the color of authority, and death or serious injury is likely to occur. Furthermore, unless the death or serious injury of another occurs, this section will not apply to incidents in which a firearm is discharged accidentally, as a warning shot, or at a dangerous or suffering animal. For the purpose of this section, the use of an extended range impact weapon is not defined as a firearm discharge unless used as deadly force. B. Any incident involving intentional use of any other deadly or dangerous weapon by an employee's direct application Officer, or an intentional act on the part of physical force personally upon another an Officer, which results in proximately causes the death or, or serious bodily injury and the employee is acting under color of authoritylikely to produce death to another. C. Any traffic accident involving an employee operating a City-owned vehicle which results in death of another or any traffic accident involving an employee operating a City-owned vehicle which results in serious bodily an injury likely to produce death to another and the employee appears to be the proximate cause of the accident. D. Any incident where the Chief of Police or his/her designee has a reasonable belief based upon objective symptoms that an employee is in violation of the of the departmental policy on drug or alcohol use. The verbal order to submit to a blood, breath or urine test(s) chemical test shall set forth the reasons for the test(s) and shall be followed at the time the test is administered by a written statement of the order. E. Any incident where the Chief of Police or his/her designee develops reasonable suspicion that an employee has used illegal drugs. Reasonable suspicion will be defined as that quantity of proof or evidence that is more than a hunch, but less than probable cause and must be based on objective and articulable facts sufficient to lead a reasonable, prudent supervisor to suspect that an employee has used illegal drugs. The following examples, alone or in combination, may constitute reasonable suspicion: 1) A pattern of documented abnormal or erratic behavior that indicates potential drug use; 2) Direct observation of drug or alcohol useuse by a reliable and credible source; 3) Corroborated information provided by a reliable and credible source that an employee has engaged in illegal drug use, the identity of which source shall be available to the employee and the Association. F. Employees being assigned to, to or being rotated out of specific assignments shall be subject to drug testing at the beginning and at the end of such assignments. These assignments include the Specialized Crimes Action Team (SCAT), Santa ▇▇▇▇▇ County Special Enforcement Team (SCCSET), ) and the Administrative Narcotics InvestigatorDrug Enforcement Agency (DEA) task force. Demands for drug or alcohol analysis by supervisors which are determined to be malicious will not be tolerated and may subject the directing individual to disciplinary action.