Common use of DRUG AND ALCOHOL TESTING Clause in Contracts

DRUG AND ALCOHOL TESTING. The Village may require an employee to submit to urine and/or blood tests if the Village determines there is reasonable suspicion for such testing, and provides the employee with the basis for such suspicion in writing within 48 hours after the test is administered. The Village shall use only licensed clinical laboratories for such testing and 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 test result shall not be submitted to the Village unless a confirmatory test result is also positive as to the same sample. Upon request, the Village shall provide an employee with a copy of any test results which the Village 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 Village, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. The results of any positive tests shall be made available to the Village. If an employee tests positive for the use of a proscribed drug (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a prescribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee may be required to submit to random testing with the understanding that if the employee again tests positive the Village can take such action as the Village, at its discretion, deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village, in its discretion deems, appropriate if an employee consumes alcohol while on duty. The illegal use, sale or possession of proscribed drugs at any time while employed by the Village, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline including termination. All other issues relating to the testing process (e.g., whether there is reasonable suspicion for ordering an employee to submit to a test, whether a proper chain of custody has been maintained, etc.) may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Except where there is imminent danger to the life of an employee or others, the administrator of the Village’s EAP shall maintain in strict confidentiality the fact that an employee has voluntarily sought assistance from the Village’s EAP. Seeking confidential assistance from the Village’s EAP shall not be grounds for disciplinary action.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

DRUG AND ALCOHOL TESTING. A. The Village company and the union agree that the employees may be required to submit to drug and alcohol testing under the following circumstances: 1) The company may require job applicants to submit to a drug and alcohol test. 2) The company may require an employee to submit to urine and/or blood tests a drug and alcohol test if the Village determines there is a supervisor has reasonable suspicion for such testing, and provides the employee with the basis for such suspicion in writing within 48 hours after the test is administered. The Village shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion cause to believe that 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 test result shall not be submitted to the Village unless a confirmatory test result is also positive as to the same sample. Upon request, the Village shall provide an employee with a copy of any test results which the Village 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 impaired at work 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 Village, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. prohibited substance or an alcoholic beverage. 3) The results of any positive tests shall be made available to the Village. If an employee tests positive for the use of a proscribed drug (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a prescribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee company may be required to submit to random testing with the understanding that if the employee again tests positive the Village can take such action as the Village, at its discretion, deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village, in its discretion deems, appropriate if an employee consumes alcohol while on duty. The illegal use, sale or possession of proscribed drugs at any time while employed by the Village, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline including termination. All other issues relating to the testing process (e.g., whether there is reasonable suspicion for ordering require an employee to submit to a drug and alcohol test if the employee is involved in a workplace accident. 4) The company may require an employee to submit to a drug and alcohol test for a two-year period as part of a follow-up to counseling or rehabilitation for substance abuse. B. Drug and alcohol testing will be conducted by an independent laboratory accredited by the National Institute on Drug Abuse or the College of American Pathology. C. A test will be considered positive for a drug if the level detected meets or exceeds the cutoff level established for that drug by the Mandatory Guidelines for Federal Workplace Drug Testing Programs. A test will be considered positive for alcohol if it shows a blood alcohol level that is sufficient to demonstrate alcohol intoxication under applicable state law. D. Urine samples shall be separated into two containers at the time of donation. One portion of the original urine sample shall be kept secure and chemically stable and made available for verification of laboratory testing. An employee who's urine sample produces a positive result shall have the right to have his or her sample retested, at his or her expense, at an accredited laboratory of his or her choice. If the retesting produces a negative result, the result of the initial test shall be deemed negative as well. E. The handling and transportation of each specimen will be documented in a manner that properly established the chain of custody. F. Any initially positive result will be confirmed by a gas chromatography mass spectrometry (GC/MS) test. Unless an initial positive result is confirmed by a GC/MS test, whether it shall be deemed negative and reported as such by the laboratory or other testing facility. G. All employees will have the right to discuss and explain the results of their tests with an appropriate representative of the company, including the right to advise the company of any medication prescribed by a proper chain physician, or of custody has been maintainedany other circumstances, etcthat may have affected the test results.) may H. No employee shall be grieved in accordance required to sign any waiver forfeiting any rights or limiting the liability of the company, the owner, or any other person or entity connected with the grievance and arbitration procedure set forth in this Agreement. Except where there is imminent danger to the life performance of an employee drug or others, the administrator alcohol tests. I. The company will bear all costs of the Village’s EAP shall maintain in strict confidentiality the fact that an employee has voluntarily sought assistance from the Village’s EAP. Seeking confidential assistance from the Village’s EAP shall not be grounds for disciplinary actionall testing procedures.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Working Agreement

DRUG AND ALCOHOL TESTING. The Village may require an employee to submit to urine and/or blood tests if the Village determines there is reasonable suspicion for such testing, and provides the employee with the basis for such suspicion in writing within 48 hours after of when the test is administered. The 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. In addition, effective January 1, 2004, the Village shall use only licensed clinical laboratories for such may conduct random drug and alcohol testing and shall be responsible for maintaining the proper chain of custodyup to two times per calendar year. The taking total number of urine samples random tests each time shall not be witnessed unless there is reasonable suspicion to believe exceed 25% of the employee is tampering with total number of sworn employees in the testing procedureWinnetka Police Department. If the first test results Village exercises its right to conduct such random tests, the group from which employees will be selected randomly will include all sworn employees in a positive finding, a confirmatory test (GC/MS or a scientifically accurate equivalent) the rank of police officer and above. The selection of employees to be randomly tested shall be conducted. An initial positive test result shall not be submitted to provided by the outside contractor that the Village unless a confirmatory test result is also positive as uses to randomly select the same sampleemployees who are to be tested. Upon requestUnless specifically provided otherwise in this Section 22.6, the Village testing procedure shall provide an employee be in accordance with a copy Section 5 of any test results which the Village receives with respect to such employee. A portion of the tested sample shall be retained by the laboratory so that the employee may arrange Winnetka Employment and Safety Policy and Regulations 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 Village, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sampleEmployees Holding Commercial Drivers’ Licenses. The results of any positive tests shall be made available to the VillageChief of Police. If an employee tests positive for the use of a proscribed drug (i.e., an illegal drug, contraband), the Village Chief of Police can take such action as the Village Chief of Police in its his discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a prescribed proscribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee may be required to submit to random testing with the understanding that if the employee again tests positive positive, the Village Chief of Police can take such action as the Village, at its discretion, Chief of Police in his discretion deems appropriate. Notwithstanding the foregoing, the Village Chief of Police retains the right to take such action as the Village, Chief of Police in its his discretion deems, deems appropriate if an employee consumes alcohol while on duty. The illegal use, sale or possession of proscribed drugs at any time while employed by the Village, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, may be the cause for discipline, up to and including termination, subject to the affected officer’s rights before the Board of Fire and Police Commissioners, pursuant to State Law. While such disciplinary issues shall be cause for discipline including termination. All subject to the exclusive jurisdiction of the Board of Fire and Police Commissioners, all other issues relating to the testing process (e.g., whether there is reasonable suspicion for ordering an employee to submit to a test, whether a proper chain of custody has been maintained, etc.) ), may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Except where there is imminent danger to the life of an employee or others, the administrator of the Village’s EAP shall maintain in strict confidentiality the fact that an employee has voluntarily sought assistance from the Village’s EAP. Seeking confidential assistance from the Village’s EAP shall not be grounds for disciplinary action.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DRUG AND ALCOHOL TESTING. The Village may require an employee to submit to urine and/or blood tests if the Village determines there is reasonable suspicion for such testing, and provides the employee with the basis for such suspicion in writing within 48 hours after 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. In addition, effective January 1, 2002, the Village may conduct random drug and alcohol testing up to four times per calendar year. The total number of such random tests shall not exceed 25% of the total number of sworn employees in the rank of sergeant and above. If the Village exercises its right to conduct such random tests, the group from which employees will be selected randomly will include all employees in the rank of sergeant and above. The selection of employees to be randomly tested shall be provided by the outside contractor that the Village uses to randomly select the employees who are to be tested. In lieu of the foregoing drug and alcohol testing provisions, any employee who is a direct supervisor of any employee assigned to investigations, assigned as an evidence technician, or assigned to any specialty assignment engaged in the enforcement of narcotics laws may be directed to submit to drug and alcohol testing up to four (4) times per year while he or she is so assigned. All such drug and alcohol testing shall be done during the employee’s regularly assigned hours of work. The Village shall use only licensed clinical laboratories for such testing and 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 test result shall not be submitted to the Village unless a confirmatory test result is also positive as to the same sample. Upon request, the Village shall provide an employee with a copy of any test results which the Village 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 Village, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. The results of any positive tests shall be made available to the Village. If an employee tests positive for the use of a proscribed drug (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a prescribed proscribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee may be required to submit to random testing with the understanding that if the employee again tests positive the Village can take such action as the Village, at Village in its discretion, discretion deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village, Village in its discretion deems, deems appropriate if an employee consumes alcohol while on duty. The illegal use, sale or possession of proscribed drugs at any time while employed by the Village, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline including termination. All other issues relating to the testing process (e.g., whether there is reasonable suspicion for ordering an employee to submit to a test, whether a proper chain of custody has been maintained, etc.) may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Except where there is imminent danger to the life of an employee or others, the administrator of the Village’s EAP shall maintain in strict confidentiality the fact that an employee has voluntarily sought assistance from the Village’s EAP. Seeking confidential assistance from the Village’s EAP shall not be grounds for disciplinary action.

Appears in 2 contracts

Sources: Memorandum of Agreement, Memorandum of Agreement

DRUG AND ALCOHOL TESTING. The Village may require an employee applicants to submit to urine a urinalysis test and/or blood tests other appropriate test as part of a pre-employment medical examination and may also require employees to submit to a urinalysis test and/or other appropriate test as part of the biennial medical examination or if the Village determines there is reasonable suspicion for such testing, and provides that the employee has been using alcohol and/or drugs as defined in paragraph (c) hereof. Any such tests shall be at a time and place designated by the Village and shall be at the Village’s expense. If an employee is directed to take such a test based on reasonable suspicion, the Village shall provide the employee, upon request, with a written statement of the basis for such suspicion in writing within 48 hours after the test is administered. Village’s (a) The Village shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining the a proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe that 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. For alcohol, the test shall be deemed positive if it is .04 or above. An initial positive test result shall not be submitted to the Village unless a the confirmatory test result is also positive as to the same sample. If the Village, contrary to the foregoing, receives the results of a positive first test which is not confirmed as provided above, such information shall be destroyed if received in writing. Upon request, the Village shall provide an employee with a copy of any test results which the Village receives with respect to such employee. . (b) 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 is delivered to the clinical laboratory selected by the Villageemployee, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. The results of any positive tests shall be made available to the Village. If an employee tests positive for the use of a proscribed drug . (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a prescribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”c) during which time the employee may be required to submit to random testing with the understanding that if the employee again tests positive the Village can take such action as the Village, at its discretion, deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village, in its discretion deems, appropriate if an employee consumes alcohol while on duty. The illegal use, sale or possession Use of proscribed drugs at any time while employed by the Village, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline discipline, including terminationtermination (subject to any appeal right an employee may have under Article XV). All other issues Issues relating to the drug and alcohol testing process (e.g., whether there is reasonable suspicion for ordering an employee to submit to undertake a test, whether a proper chain of custody has been maintained, etc.) ), may be grieved beginning at Step 3 in accordance with the grievance and arbitration procedure set forth in this Agreement. Except Agreement and the parties agree to expedite the processing of any such grievance. (d) Voluntary requests for assistance with drug and/or alcohol problems (i.e., where there is imminent danger no test has been given pursuant to the life foregoing provisions) shall be held strictly confidential by the Employee Assistance Program and no one in the Police Department shall be informed of an any such request or any treatment that may be given unless the employee or othersconsents to the release of any such information, except that the administrator Police Chief may be informed of the Village’s request for assistance when necessary to accommodate scheduling needs or when deemed necessary by the professional providing the assistance. (e) Unless there are circumstances warranting discipline in the first instance of testing positive for alcohol, such employee shall be referred to the EAP with no discipline. (f) The Village shall maintain indemnify and hold harmless the Chapter, its officers and agents from and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that arise out of or by reason of any action taken by the Village under this section in strict confidentiality connection with the fact that an employee has voluntarily sought assistance from the Village’s EAP. Seeking confidential assistance from the Village’s EAP shall not be grounds for disciplinary actiondrug or alcohol testing of employees.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DRUG AND ALCOHOL TESTING. 1. The Village may require Hospital and the Union agree to maintain a safe, healthy and productive work environment for all employees, to provide thorough and effective patient care, to maintain the integrity and security of the workplace, and to perform all of these functions in a fashion consistent with our responsibilities to the communities which we serve. An employee who works or attends work under the influence of drugs or alcohol, or who refuses to take an employee alcohol/drug test when directed to submit do so pursuant to urine and/or blood tests this Article, shall therefore be subject to disciplinary action up to and including termination. 2. Pursuant to these goals, employees will be required to undergo an alcohol/drug screening test in each of the following instances: A. When the Hospital has reasonable suspicion, based upon the behavior or demeanor of an employee, to believe that the employee’s ability to perform their job duties is impaired; B. After an on duty accident if the Village determines there is reasonable suspicion by management that impairment may have contributed to the accident and there was injury to anyone requiring medical treatment or lost time from work or property damage of over $500; and C. When any applicable federal or state law requires. 3. It is understood and agreed that the Hospital’s failure to require an alcohol or drug screen in any individual circumstance shall not constitute a waiver of the Hospital’s right to require such a screen in other circumstances. An employee required to submit to a drug/alcohol screening test under this policy shall report to the test site promptly upon being requested to do so and shall execute all necessary consent forms required. 4. Employee will be transported for such testing, and provides if necessary, by car service or other reasonable means of transportation, as determined by management. If requested by the employee, a CIR representative can accompany the employee with to the basis testing site, so long as the CIR representative is available and does not cause an unreasonable delay in getting the employee to the testing site. Employees will be paid for such suspicion in writing within 48 hours after the test is administeredduration of their scheduled day or shift. 5. All drug and alcohol testing shall be conducted only by a certified laboratory. The Village Hospital will request split specimen testing for all drug and alcohol tests pursuant to this Article. The laboratory’s inability to perform a split specimen test based on an insufficient sample shall use only licensed clinical laboratories have no effect on the Hospital’s ability to take disciplinary action. Screening shall test for such testing presence of alcohol, amphetamines, THC, cocaine, opiates, phencyclidine, barbiturates, benzodiazepines, methaqualone, methadone, propoxyphene, hallucinogens, inhalants, anabolic steroids, hydrocodone and MDMA. Should a Housestaff Officer test positive for any of the substances identified in this Section, they shall be responsible for maintaining given a reasonable opportunity to provide evidence that the proper chain of custodysubstance was prescribed by a medical practitioner. The taking of urine samples However, the Housestaff Officer shall not be witnessed unless there is reasonable suspicion required to believe disclose the employee is tampering with medical reason for which the testing proceduresubstance has been prescribed. 6. 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 test result shall not be submitted to the Village unless a confirmatory test result is also positive as to the same sample. Upon request, the Village The Hospital shall provide an employee with opportunity for assistance to employees having a copy of any test results which the Village receives with respect to such employee. A portion of the tested sample shall be retained by the laboratory so drug/alcohol problem that the employee may arrange for another confirmatory voluntarily discloses. Any employee that voluntarily discloses a drug/alcohol dependency problem to the Hospital, prior to notification that a screening test (GC/MS or a scientifically accurate equivalent) is to be conducted by administered, shall be provided an unpaid leave of absence for drug/alcohol rehabilitation. Upon proof of successful completion of a licensed clinical laboratory of rehabilitation program, the employee’s choosing Hospital will reinstate the employee to an equivalent position in the same job title and at the employee’s expense. Once same base pay as the portion of the tested sample leaves the clinical laboratory selected position held by the Villageemployee prior to the leave of absence. Upon being reinstated, the employee shall be responsible subject to random drug/alcohol screening for maintaining a period of two (2) years from the proper chain date of custody for said portion of the tested samplereinstatement. The results of any Should such employee subsequently test positive tests shall be made available to the Village. If an employee tests positive for the use of a proscribed drug (i.e.drug/alcohol screening test, an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a prescribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee may be required terminated, at the Hospital’s sole discretion. The provisions of this Section shall be subject to submit to random testing the following: a. No employee may utilize the provisions providing for the opportunity for assistance, as set forth above, more than once during their employment with the understanding that if the employee again tests positive the Village can take such action as the VillageHospital, at its discretion, deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village, in its discretion deems, appropriate if an employee consumes alcohol while on duty. unless required by applicable law; b. The illegal use, sale or possession of proscribed drugs at any time while employed by the Village, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline including termination. All other issues relating to the testing process (e.g., whether there is reasonable suspicion for ordering an employee to submit to a test, whether a proper chain of custody has been maintained, etc.) may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Except where there is imminent danger to the life of an employee or others, the administrator of the Village’s EAP shall maintain in strict confidentiality the fact that an employee has voluntarily sought assistance discloses a drug/alcohol dependency problem to the Hospital does not preclude the Hospital from disciplining the employee for events that led up to the voluntary disclosure if the employee’s actions were in violation of Hospital rules, policies or procedures. Any such disciplinary actions shall remain subject to the Disciplinary Action clause of this Agreement; c. Any leave pursuant to this Section shall run concurrently with FMLA Leave, if applicable; d. The maximum length of any leave of absence that will be provided to any employee under this Section shall be six (6) months, except where the employee is using their own accrued leave time beyond the six (6) month period. Any employee still unable to return to work after this period of leave may be terminated by the Hospital; e. An employee that is on a leave of absence pursuant to this Section shall provide written documentation, which provides an update on their status of their ability to return to work, every 30 days following the first day of such leave of absence. The written documentation must be from the Village’s EAPfacility where the employee is receiving treatment/counseling for his or her drug/alcohol dependency problem. Seeking confidential assistance from the Village’s EAP An employee that fails to timely provide this documentation shall not be grounds for disciplinary actionsubject to termination.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DRUG AND ALCOHOL TESTING. The Village may require an employee applicants to submit to urine a urinalysis test and/or blood tests other appropriate test as part of a pre-employment medical examination and may also require employees to submit to a urinalysis test and/or other appropriate test as part of the biennial medical examination or if the Village determines there is reasonable suspicion for such testing, and provides that the employee has been using alcohol and/or drugs as defined in paragraph (c) hereof. Any such tests shall be at a time and place designated by the Village and shall be at the Village’s expense. If an employee is directed to take such a test based on reasonable suspicion, the Village shall provide the employee, upon request, with a written statement of the basis for such the Village’s reasonable suspicion in writing within 48 hours after of the test is administeredrequest. There shall be no random testing. The term “other appropriate test” shall not include breathalyzer tests conducted by the Village’s Police Department. (a) The Village shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining the a proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe that 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 test result shall not be submitted to the Village unless a the confirmatory test result is also positive as to the same sample. If the Village, contrary to the foregoing, receives the results of a positive first test which is not confirmed as provided above, such information shall not be used in any manner adverse to the employee. Upon request, the Village shall provide an employee with a copy of any test results which the Village receives with respect to such employee. . (b) 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 is delivered to the clinical laboratory selected by the Villageemployee, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. The results of any positive tests shall be made available to the Village. If an employee tests positive for the use of a proscribed drug . (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a prescribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”c) during which time the employee may be required to submit to random testing with the understanding that if the employee again tests positive the Village can take such action as the Village, at its discretion, deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village, in its discretion deems, appropriate if an employee consumes alcohol while on duty. The illegal use, sale or possession Use of proscribed drugs at any time while employed by the Village, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline discipline, including termination. All other issues relating For purposes of this agreement “ being under the influence of alcohol” shall mean a blood alcohol level equal to the testing process (e.g., whether there is reasonable suspicion for ordering an employee to submit to a test, whether a proper chain of custody has been maintained, etcor exceeding .) may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Except where there is imminent danger to the life of an employee or others, the administrator of the Village’s EAP shall maintain in strict confidentiality the fact that an employee has voluntarily sought assistance from the Village’s EAP. Seeking confidential assistance from the Village’s EAP shall not be grounds for disciplinary action.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DRUG AND ALCOHOL TESTING. The Village may require an employee to submit to urine and/or blood tests if the Village determines there is reasonable suspicion for such testing and as part of an employee's triennial physical. There shall be no random testing, and provides the employee with the basis for such suspicion in writing within 48 hours after the test is administered. The Village shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining the a proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe that 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 test result shall not be submitted to the Village unless a the confirmatory test result is also positive as to the same sample. Upon request, the Village shall provide an employee with a copy of any test results which the Village 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 's choosing and at the employee’s 's expense. Once the portion of the tested sample leaves the clinical laboratory selected by the Village, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. The results of any positive tests shall be made available to the Village. If an employee tests positive for the use of a proscribed drug (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a prescribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee may be required to submit to random testing with the understanding that if the employee again tests positive the Village can take such action as the Village, at its discretion, deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village, in its discretion deems, appropriate if an employee consumes alcohol while on duty. The illegal useUse, sale or possession of proscribed drugs at any time while employed by the Village, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline discipline, including termination, subject to confirmation by the River Forest Board of Fire and Police Commissioners. All While all such disciplinary issues shall be subject to the exclusive jurisdiction of the River Forest Board of Fire and Police Commissioners, all other issues relating to the drug and alcohol testing process (e.g., whether there is reasonable suspicion for ordering an employee to submit to undertake a test, whether a proper chain of custody has been maintained, etc.) may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Except where there is imminent danger to the life of an employee or others, the administrator of the Village’s EAP shall maintain in strict confidentiality the fact that an employee has voluntarily sought assistance from the Village’s EAP. Seeking confidential assistance from the Village’s EAP shall not be grounds for disciplinary action.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DRUG AND ALCOHOL TESTING. (a) The Village Authority may require an employee to submit to urine drug and/or blood tests if alcohol testing under the Village determines there is reasonable suspicion for such testing, and provides following conditions: i. Tests may be administered in the employee with the basis for such suspicion in writing within 48 hours after the test is administered. The Village shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is event that a supervisor has 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 test result shall not be submitted to the Village unless a confirmatory test result is also positive as to the same sample. Upon request, the Village shall provide that an employee with a copy of any test results which the Village receives with respect has reported 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 Village, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. The results of any positive tests shall be made available to the Village. If an employee tests positive for the use of a proscribed drug (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a prescribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee may be required to submit to random testing with the understanding that if the employee again tests positive the Village can take such action as the Village, at its discretion, deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village, in its discretion deems, appropriate if an employee consumes alcohol while on duty. The illegal use, sale or possession of proscribed drugs at any time while employed by the Village, abuse of prescribed drugs, as well as being work under the influence of alcohol or is at work under the consumption influence of alcohol while on dutydrugs or alcohol; ii. Tests may be required if an employee is involved in a workplace accident or physical altercation; iii. Tests may be required as part of a follow-up to counseling, shall rehabilitation or after-care plan for substance abuse for up to a one (1) year period; and, iv. Tests may be cause for discipline including termination. All other issues relating administered to employees who are returning from any absence of thirty (3OJ or more calendar days. (b) Employees who are subject to testing may request the presence of a Union representative at the testing provided that the attendance of the Union representative will not compromise or delay the testing. (c) Employees to be tested will be escorted to the testing process laboratory by a Management Representative. (e.g.d) Drug and alcohol testing will be conducted by an independent laboratory accredited by the National Institute on Drug Abuse, whether there is reasonable suspicion and may consist of either blood or urine tests, or other acceptable methods of testing. The Authority reserves the right to utilize a breathalyzer test for ordering an employee the presence of alcohol, in lieu of other clinical testing. (e) Laboratory testing procedure will conform to submit to a testthe procedures specified in the national Institute on Drug Abuse ("NIDA") guidelines for federal workplace drug testing programs, whether a proper chain of custody has been maintaineddated April 11, etc.) 1988 and as may be grieved in accordance with amended hereafter by NIDA. (f) Initial and confirmatory test results which meet or exceed the grievance and arbitration procedure cutoff levels for drugs set forth in this Agreementthe NIDA guidelines (and as they may be amended) shall be regarded as positive. Except where there is imminent danger 11 (g) Initial and confirmatory (or breathalyzer) test results which meet or exceed the level of blood alcohol established in the Illinois Motor Vehicle Act as legal intoxication shall presumptively establish that the tested employee was under the influence of alcohol. (h) The cost of initial and confirmatory testing will be borne by the Authority. (i) Drug and alcohol test results shall be reported to the life Director of an Human Resources or designee in the manner to be prescribed by the Director. The employee or others, the administrator shall be notified of the Village’s EAP test results. The Director will inform the applicable Department Director of any employee who tests positive for alcohol or drugs. (j) All urine or blood samples shall maintain be taken in strict confidentiality sufficient quantity as to allow for re- testing. Any portion not used in the fact test will be preserved by scientifically reliable means for one (1) year following the test. Any employee whose test result is positive may elect, at the employee expense, to be re-tested by the same or other NIDA certified laboratory satisfactory to the Director of Human Resources, provided that an employee has voluntarily sought assistance from the Village’s EAPAuthority's testing laboratory shall arrange for transmitting the original sample or a part thereof to the second laboratory. Seeking confidential assistance from Positive results of said re-testing shall be conclusive as to the Village’s EAP presence of alcohol or drugs. (k) No laboratory report or test results shall appear in the incumbent's personnel file unless they are part of a personnel action under this program, but shall be placed in a special locked file maintained by the Director or designee, and the results shall not be grounds for disciplinary actiondisclosed except as such disclosure may be required by this Policy, law or ordinance or upon the employee's express written consent.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DRUG AND ALCOHOL TESTING. The Village may require an employee to submit to urine and/or blood tests if the Village determines there is reasonable suspicion for such testing, and provides the employee with the basis for such suspicion in writing within 48 hours after 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. In addition, effective January 1, 2009, the Village may conduct random drug and alcohol testing up to four times per calendar year. The total number of such random tests shall not exceed 25% of the total number of sworn employees in the bargaining unit who are not assigned to investigations, as evidence technicians, or assigned to any specialty assignment engaged in the enforcement of narcotics laws. If the Village exercises its right to conduct such random tests, the group from which employees will be selected randomly will include all sworn bargaining unit employees. The selection of employees to be randomly tested shall be provided by the outside contractor that the Village uses to randomly select the employees who are to be tested. The Village’s right to conduct random drug and alcohol tests of bargaining unit employees as provided above shall only be in effect as long as the Village continues to conduct random drug and alcohol tests of the employees in the rank of sergeant and above, plus the civilian commanders and the Police Chief. To ensure compliance, the Village shall provide the Union with a bi-annual report summarizing the number of random tests conducted within that six month period. In lieu of the foregoing drug and alcohol testing provisions, any employee assigned to investigations, assigned as an evidence technician, or assigned to any specialty assignment engaged in the enforcement of narcotics laws may be directed to submit to drug and alcohol testing up to four (4) times per year while he or she is assigned to any specialty assignment engaged in the enforcement of narcotics laws. All such drug and alcohol testing shall be done during the employee’s regularly assigned hours of work. The Village shall use only licensed clinical laboratories for such testing and 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 test result shall not be submitted to the Village unless a confirmatory test result is also positive as to the same sample. Upon request, the Village shall provide an employee with a copy of any test results which the Village 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 Village, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. The results of any positive tests shall be made available to the Village. If an employee tests positive for the use of a proscribed drug (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a prescribed proscribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee may be required to submit to random testing with the understanding that if the employee again tests positive the Village can take such action as the Village, at Village in its discretion, discretion deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village, Village in its discretion deems, deems appropriate if an employee consumes alcohol while on duty. The illegal use, sale or possession of proscribed drugs at any time while employed by the Village, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline including termination. All Both disciplinary issues and all other issues relating to the testing process (e.g., whether there is reasonable suspicion for ordering an employee to submit to a test, whether a proper chain of custody has been maintained, etc.) may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Except where there is imminent danger to the life of an employee or others, the administrator of the Village’s EAP shall maintain in strict confidentiality the fact that an employee has voluntarily sought assistance from the Village’s EAP. Seeking confidential assistance from the Village’s EAP shall not be grounds for disciplinary action.

Appears in 1 contract

Sources: Memorandum of Agreement

DRUG AND ALCOHOL TESTING. In order to help provide a safe work environment and to protect the public by insuring that firefighters have the physical stamina and emotional stability to perform their assigned duties, the Village may require employees to submit to a urinalysis test and/or other appropriate test up to four times per year per employee at a time and place designated by the Village. The Village will notify the Union President prior to implementing such random testing. If an employee tests positive in any such random test, the results shall not be sent to the Village, but rather the employee shall be advised confidentially to seek assistance through the Village’s Employee Assistance Program (EAP). If the same employee tests positive a second time, the test results shall be submitted to the Fire Chief for appropriate action. The Village may require an employee to submit to urine and/or blood tests if the Village determines there is reasonable suspicion for such testing. Upon request, and provides the Village shall provide any employee who is ordered to submit to any such test with a written statement of the basis for such the Village’s reasonable suspicion in writing within 48 hours after of the test request. The Village will require an employee to submit to urine and/or blood tests if the employee is administeredinvolved in a vehicle accident where one or more of the following applies: a) if there is a fatality, b) if the driver (employee) receives a citation for a moving traffic violation arising out of the accident, c) if there are bodily injuries to any person requiring treatment at a medical facility, or d) if one or more motor vehicle incurs disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. The Village shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining the a proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe that 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 test result shall not be submitted to the Village unless a the confirmatory test result is also positive as to the same sample. If the Village, contrary to the foregoing, receives the results of a positive first test which is not confirmed as provided above, such information shall not be used in any manner adverse to the employee. Upon request, the Village shall provide an employee with a copy of any test results which the Village 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 Village, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. The results of any positive tests shall be made available to the Village. If an employee tests positive for the use of a proscribed drug (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a prescribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee may be required to submit to random testing with the understanding that if the employee again tests positive the Village can take such action as the Village, at its discretion, deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village, in its discretion deems, appropriate if an employee consumes alcohol while on duty. The illegal use, sale or possession Use of proscribed drugs at any time while employed by the Village, abuse of prescribed drugs, as well as being under the influence of alcohol (i.e., a blood alcohol concentration (BAC) of 0.04) or the consumption of alcohol while on duty, shall be cause for discipline discipline, including termination, subject to the provisions of Article XX. All other issues relating to the drug and alcohol testing process (e.g., whether there is reasonable suspicion for ordering an employee to submit to undertake a test, whether a proper chain of custody has been maintained, etc.) may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Except Voluntary requests for assistance with drug and/or alcohol problems (i.e., where there is imminent danger no test has been given pursuant to the life of an employee or others, foregoing provisions) shall be held strictly confidential by the administrator of Employee Assistance Program and the Village’s EAP shall maintain in strict confidentiality the fact that an employee has voluntarily sought assistance from the Village’s EAP. Seeking confidential assistance from the Village’s EAP Fire Department shall not be grounds for informed of any such request or any treatment that may be given. Nothing in this Section shall be construed to prevent an employee from (1) asserting, or the Board of Fire and Police Commissioners or an arbitrator, whichever is applicable as per Article XX, from considering, that there should be treatment in lieu of discipline in any disciplinary action.proceeding before the Board of Fire and Police Commissioners or an arbitrator, whichever is applicable as per Article XX, or (2) contesting any discipline that may be imposed under applicable federal or state discrimination laws. Section 12.7. Uniforms and Equipment. Upon initial hire, employees covered by this Agreement shall purchase the following initial issue of uniforms: Uniforms 6 work pants 6 short sleeve shirts (one-half of the above 2 items may be purchased after completion of probationary period) 1 baseball-type cap 1 dress tie 1 dress belt 1 dress blouse and pants 1 dress hat 1 pair of dress shoes 1 pair of alternative style work shoes (employee’s option) 4 T-shirts (employee’s option)

Appears in 1 contract

Sources: Collective Bargaining Agreement