Common use of Drug Testing Procedure Clause in Contracts

Drug Testing Procedure. Section 1. Drug screening or testing shall be conducted upon reasonable suspicion. This testing shall be conducted solely for administrative purposes and the results obtained shall not be used in any criminal proceeding. Under no circumstances may the results of the drug screening or testing be released to a third party for the use in criminal prosecution against the affected Bargaining Unit Member. The following procedures shall not preclude the Employer from other administrative action. Section 2. Drug testing shall also be authorized when a Bargaining Unit Member is involved in an on-duty motor vehicle accident. Section 3. All drug screening tests shall be conducted by medical laboratories licensed by the State of Ohio and accredited by the College of American Pathologists or other mutually agreed upon entity. The procedures utilized by the testing lab shall correspond to accepted medical practice. Any positive result shall be confirmed by a mass spectrophotometry procedure (GS-MS), or any approved subsequent state-of-the-art confirmatory test. Section 4. Drug screening tests shall be given to Bargaining Unit Members to detect the illegal use of controlled substances as defined in Section 3719 of the Ohio Revised Code. If the initial screening is positive, the Bargaining Unit Member’s sample shall be subjected to a confirmatory test that shall be administered by a medical laboratory licensed by the State of Ohio and accredited by the College of American Pathologists or other mutually agreed upon entity. The Bargaining Unit Member may have a second confirmatory test of the split sample done at a lab of his choosing, at his expense. This test shall be given the same evidentiary weight as the previous test, provided a neutral chain of custody remains unbroken. a) If all the screening and confirmatory tests are positive, then the Bargaining Unit Member involved may be required to enter into rehabilitation referral. The Employer shall maintain the right to discipline the Bargaining Unit Member in addition to mandating rehabilitation. b) Prior to any notification by the Employer for drug screening or testing, a Bargaining Unit Member may elect to participate in a rehabilitation or detoxification program, as determined by appropriate medical personnel. The cost of the program will be covered according to the provisions of the Bargaining Unit Member’s health insurance plan. c) A Bargaining Unit Member who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, compensatory time, or personal days for the period of the rehabilitation. If no such leave credit is available, such Bargaining Unit Members shall be placed on leave of absence without pay for the period of the rehabilitation leave. d) Upon completion of the program, and provided that a retest demonstrates that the Bargaining Unit Member is no longer illegally using a controlled substance, and/or subject to any disciplinary action that may be taken pursuant to this Article, the Bargaining Unit Member shall be returned to his position. Such Bargaining Unit Member may be subject to random retesting upon return to his position for a period of one (1) year from the date of his return. e) Any Bargaining Unit Member in the above-mentioned rehabilitation program will not lose any seniority or benefits should it be necessary that he be required to take a medical leave of absence without pay for a period not to exceed ninety (90) days. f) If a Bargaining Unit Member refused to undergo rehabilitation or detoxification pursuant to a lawful order, or he fails to complete a program of rehabilitation, or if he should test positive at any time within one (1) year after his return to work upon completion of the rehabilitation program, the Bargaining Unit Member shall be subject to disciplinary action. g) Except as otherwise provided herein, the cost of all drug screening shall be borne by the City. Section 5. For the purpose of implementing the provisions of this Article, each Bargaining Unit Member shall execute medical releases in order for the Employer to obtain the results of the drug screening provided for in this Article. The release referred to in this Section shall authorize only the release of examination results pertaining to the drug screening test. Such medical releases shall be provided by the Employer. Section 6. Despite Ohio’s medical marijuana law, Ohio Revised Code Chapter 3796, the federal government regulates drugs through the Controlled Substances Act, which classifies marijuana as a Schedule I drug with no currently accepted medical use, together with a high potential for abuse. 21 U.S.C. 812. Accordingly, the Employer shall neither permit nor accommodate and Bargaining Unit Member’s use, unlawful possession, or illegal distribution of medical marijuana. A violation of this article, however, does not impact the “just cause” provision found in Article 31, Section 2, and “reasonable suspicion” provision in Article 30, Section 1 of this Agreement.

Drug Testing Procedure. Section 1. Drug screening or testing The Company has the right to test for illegal substances and alcohol usage subject to the following conditions: (a) The Company shall pay all costs incurred; (b) Testing may be conducted upon for reasonable suspicion. This testing shall be conducted solely for administrative purposes and the results obtained shall not be used in any criminal proceeding. Under no circumstances may the results of the drug screening or testing be released to a third party for the use in criminal prosecution against the affected Bargaining Unit Member. The cause, following procedures shall not preclude the Employer from other administrative action. Section 2. Drug testing shall also be authorized when a Bargaining Unit Member is involved in an on-duty motor vehicle accident. Section 3. All drug screening tests shall be conducted by medical laboratories licensed by the State of Ohio and accredited by the College of American Pathologists or other mutually agreed upon entity. The procedures utilized by the testing lab shall correspond to accepted medical practice. Any positive result shall be confirmed by a mass spectrophotometry procedure (GS-MS), or any approved subsequent state-of-the-art confirmatory test.other reason required by any regulatory agency; Section 4. (c) Drug screening tests shall testing will be given to Bargaining Unit Members to detect the illegal use of controlled substances as defined in Section 3719 of the Ohio Revised Code. by urinalysis, while alcohol testing will be by Breathalyzer; (d) If the initial screening is positive, the Bargaining Unit Member’s sample test results of a drug test exceed impairment levels (which shall be subjected to a confirmatory test that shall be administered by a medical laboratory licensed the same as impairment levels established by the State of Ohio and accredited by the College of American Pathologists or other mutually agreed upon entity. The Bargaining Unit Member may have Company for non-bargaining unit employees at Thistledown who are subject to drug/alcohol testing), a second confirmatory test of the split same sample done at a lab of his choosing, at his expensewill be taken. This test shall be given If the same evidentiary weight as confirmatory results exceed the previous test, provided a neutral chain of custody remains unbroken. a) If all the screening and confirmatory tests are positiveimpairment levels, then the Bargaining Unit Member involved may drug test results will be required deemed positive and the employee shall be presumed to enter into be under the influence of illegal drugs and will be subject to discharge; (e) A blood alcohol level in excess of .08 shall provide absolute presumption that the employee is under the influence of alcohol and will be subject to immediate discharge; (f) Any employee who has contributed to an accident which has caused property damage to the Company’s property, customer property, or any other property or personal injury to themselves or another individual, will be subject to being tested at the Company’s discretion; (g) If the employee tests negative and without a detectable amount for other illegal substances, he/she will be paid for all lost time incurred as a result of the testing; (h) The refusal or failure of an employee to submit to the aforementioned, regardless of the reason, shall be cause for immediate discharge; (i) Employees who test positive for alcohol or employees whose test results indicate misuse of prescription drugs will be afforded an opportunity to enroll in a rehabilitation referralprogram of his/her choice, subject to approval by the Company, in lieu of discharge. The Employer shall maintain Employees participating in such rehabilitation program will be considered to be on a Medical Leave of Absence (see Article XXII). Upon successful completion of the rehabilitation program and after presentation of notice of completion to the Company, the employee will be reinstated to their former position without loss of seniority. Upon return to work, it is understood that the Company has the right to discipline test the Bargaining Unit Member in addition to mandating rehabilitation. b) Prior to any notification by the Employer for drug screening or testing, a Bargaining Unit Member may elect to participate in a rehabilitation or detoxification program, as determined by appropriate medical personnel. The cost of the program will be covered according to the provisions of the Bargaining Unit Member’s health insurance plan. c) A Bargaining Unit Member who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, compensatory time, or personal days employee for the period presence of the rehabilitation. If no such leave credit is available, such Bargaining Unit Members shall be placed on leave of absence without pay for the period of the rehabilitation leave. ddrugs (or alcohol) Upon completion of the program, and provided that a retest demonstrates that the Bargaining Unit Member is no longer illegally using a controlled substance, and/or subject to any disciplinary action that may be taken pursuant to this Article, the Bargaining Unit Member shall be returned to his position. Such Bargaining Unit Member may be subject to random retesting upon return to his position for a period of one (1) year from following return to work. Should an employee fail to successfully complete a rehabilitation program or any subsequent test within the date of his returnabove referenced one (1)-year period, the employee will be immediately terminated. e(j) Any Bargaining Unit Member Employees who seek rehabilitation on their own prior to being subject to any of the testing procedures outlined above for either the misuse or abuse of alcohol or otherwise legal drugs (so-called prescription drug misuse), shall be placed on a Medical Leave of Absence (see Article XXII) and required to enroll in the above-mentioned a rehabilitation program of his/her choice, subject to approval by the Company. Upon successful completion of such a program, the employee shall return to work to their former position and will not lose any seniority or benefits should it be necessary that he be required subject to take a medical leave of absence without pay random testing for a period not to exceed ninety (90) days. f) If a Bargaining Unit Member refused to undergo rehabilitation or detoxification pursuant to a lawful order, or he fails to complete a program of rehabilitation, or if he should test positive at any time within one (1) year after his return to work upon completion work. During this one (1)-year period, if the employee refuses or fails to pass a drug/alcohol test, the employee will be discharged. The only issues eligible for arbitration will be the reasonableness of the test and administration, and whether rehabilitation programwas provided if required. If the arbitrator finds that the Company complied with these provisions, the Bargaining Unit Member penalty of discharge will not be subject to modification by the arbitrator. (k) Notwithstanding voluntary rehabilitation outlined above, no employee will be offered the opportunity to undergo rehabilitation more than once during their employment at the Company. If an employee who has previously undergone rehabilitation again tests positive under this Article, they shall be subject to disciplinary action. g) Except as otherwise provided hereindischarge. Notwithstanding this Section, in the cost event that any regulatory agency having jurisdiction over the employees of all drug screening shall be borne by the City. Section 5. For the purpose of implementing the provisions of Company has stricter regulations concerning drugs and alcohol than this Article, each Bargaining Unit Member those regulations shall execute medical releases be followed and supersede this provision where it is in order for the Employer to obtain the results of the drug screening provided for in conflict with this Article. The release referred to in this Section shall authorize only the release of examination results pertaining to the drug screening test. Such medical releases shall be provided , for any employees covered by the Employersuch regulations. Section 6. Despite Ohio’s medical marijuana law, Ohio Revised Code Chapter 3796, the federal government regulates drugs through the Controlled Substances Act, which classifies marijuana as a Schedule I drug with no currently accepted medical use, together with a high potential for abuse. 21 U.S.C. 812. Accordingly, the Employer shall neither permit nor accommodate and Bargaining Unit Member’s use, unlawful possession, or illegal distribution of medical marijuana. A violation of this article, however, does not impact the “just cause” provision found in Article 31, Section 2, and “reasonable suspicion” provision in Article 30, Section 1 of this Agreement.