Common use of Drug Testing Clause in Contracts

Drug Testing. 37.01 The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by employees is prohibited in the workplace, except as otherwise may be allowed by law, and employees in violation of this provision may be subject to disciplinary action as set forth in this article. Further, an employee must notify the Employer of any drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 37.02 The Employer may, at its discretion, implement a drug testing procedure for controlled substances for all employees, providing such procedure is administered pursuant to the provisions hereinafter set forth. The administration of the testing shall be developed by the Union and Employer. 37.03 All employees may be required to submit to a drug test on an annual basis and shall be subject to one (1) random drug tests per year, provided such random test is not done for discriminatory purposes. Prior to any test being administered the Union and the employees affected shall be informed of which specific drugs are to be tested. 37.04 All laboratory and other fees shall be paid by the Employer as well as the time spent taking the drug test if the employee is off duty. 37.05 The testing procedure established shall protect the employee's individual privacy, insure the accountability and integrity of specimens, insure non-discriminatory testing procedure and shall be conducted at a professional laboratory capable of administering such testing. 37.06 All positive screening tests shall be confirmed by a Gas Chromatography/Mass Spectrometry (GC/MS) test. 37.07 The results of all initial screening and confirmation test shall be kept confidential and will not be disclosed to anyone, except the Employer and the employee affected, without first obtaining the written authorization from the employee except as evidence in a disciplinary action or for the Employee Assistance Program referral. 37.08 An employee who tests positive for substance abuse shall be referred to the Employee Assistance Program provided in Article XXXVIII herein. An employee's refusal to participate in such program or failure to satisfy the requirements of the program shall be subject to disciplinary action, up to and including discharge.

Appears in 3 contracts

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

Drug Testing. 37.01 27.01 The unlawful manufacture, distribution, dispensing, possession possession, or use of a controlled substance by employees is prohibited in the workplace, except as otherwise may be allowed by law, and employees in violation of this provision may be subject to disciplinary action as set forth in this article. Further, an employee must notify the Employer of any drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 37.02 27.02 The Employer may, at its discretion, implement a drug testing procedure for controlled substances for all employees, providing provided such procedure is administered pursuant to the provisions hereinafter set forth. The administration Administration of the testing shall be developed by the Union and Employer. 37.03 27.03 All employees may be required to submit to a drug test on an annual basis and shall may be subject to one (1) random drug tests per year, provided such random test is not done for discriminatory purposes. Prior to any test being administered the Union and the employees affected shall be informed of which specific drugs are to be tested. 37.04 27.04 All laboratory and other fees shall be paid by the Employer Employer, as well as the time spent taking the drug test if the employee is off duty. 37.05 27.05 The testing procedure established shall protect the employee's individual privacy, insure the accountability and integrity of specimens, insure non-discriminatory testing procedure and shall be conducted at a professional laboratory capable of administering such testing. 37.06 27.06 All positive screening tests shall be confirmed by a Gas Chromatography/Mass Spectrometry (GC/MS) test. 37.07 27.07 The results of all initial screening and confirmation test shall be kept confidential and will not be disclosed to anyone, except the Employer and the employee affected, without first obtaining the written authorization from the employee except as evidence in a disciplinary action or for the Employee Assistance Program referral. 37.08 27.08 An employee who tests positive for substance abuse or confirmation test shall be referred to the Employee Assistance Program provided in Article XXXVIII XXVIII herein. An employee's refusal to participate in such program or failure to satisfy the requirements of the program shall be subject to disciplinary action, up to and including discharge.

Appears in 3 contracts

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

Drug Testing. 37.01 27.01 The unlawful manufacture, distribution, dispensing, possession possession, or use of a controlled substance by employees is prohibited in the workplace, except as otherwise may be allowed by law, and employees in violation of this provision may be subject to disciplinary action as set forth in this article. Further, an employee must notify the Employer of any drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 37.02 27.02 The Employer may, at its discretion, implement a drug testing procedure for controlled substances for all employees, providing provided such procedure is administered pursuant to the provisions hereinafter set forth. The administration Administration of the testing shall be developed by the Union and Employer. 37.03 27.03 All employees may be required to submit to a drug test on an annual basis and shall may be subject to one (1) random drug tests per year, provided such random test is not done for discriminatory purposes. Prior to any test being administered the Union and the employees affected shall be informed of which specific drugs are to be tested. 37.04 27.04 All laboratory and other fees shall be paid by the Employer Employer, as well as the time spent taking the drug test if the employee is off duty. 37.05 27.05 The testing procedure established shall protect the employee's individual privacy, insure the accountability and integrity of specimens, insure non-discriminatory testing procedure and shall be conducted at a professional laboratory capable of administering such testing. 37.06 27.06 All positive screening tests test shall be confirmed by a Gas Chromatography/Mass Spectrometry (GC/MS) test. 37.07 27.07 The results of all initial screening and confirmation test shall be kept confidential and will not be disclosed to anyone, except the Employer and the employee affected, without first obtaining the written authorization from the employee except as evidence in a disciplinary action or for the Employee Assistance Program referral. 37.08 27.08 An employee who tests positive for substance abuse or confirmation test shall be referred to the Employee Assistance Program provided in Article XXXVIII XXVIII herein. An employee's refusal to participate in such program or failure to satisfy the requirements of the program shall be subject to disciplinary action, up to and including discharge.

Appears in 3 contracts

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

Drug Testing. 37.01 27.01 The unlawful manufacture, distribution, dispensing, possession possession, or use of a controlled substance by employees is prohibited in the workplace, except as otherwise may be allowed by law, and employees in violation of this provision may be subject to disciplinary action as set forth in this article. Further, an employee must notify the Employer of any drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 37.02 27.02 The Employer may, at its discretion, implement a drug testing procedure for controlled substances for all employees, providing provided such procedure is administered pursuant to the provisions hereinafter set forth. The administration Administration of the testing shall be developed by the Union and Employer. 37.03 27.03 All employees may be required to submit to a drug test on an annual basis and shall may be subject to one (1) random drug tests test per year, provided such random test is not done for discriminatory purposes. Prior to any test being administered the Union and the employees affected shall be informed of which specific drugs are to be tested. 37.04 27.04 All laboratory and other fees shall be paid by the Employer Employer, as well as the time spent taking the drug test if the employee is off duty. 37.05 27.05 The testing procedure established shall protect the employee's individual privacy, insure the accountability and integrity of specimens, insure non-discriminatory testing procedure and shall be conducted at a professional laboratory capable of administering such testing. 37.06 27.06 All positive screening tests shall be confirmed by a Gas Chromatography/Mass Spectrometry (GC/MS) test. 37.07 27.07 The results of all initial screening and confirmation test shall be kept confidential and will not be disclosed to anyone, except the Employer and the employee affected, without first obtaining the written authorization from the employee except as evidence in a disciplinary action or for the Employee Assistance Program referral. 37.08 27.08 An employee who tests positive for substance abuse or confirmation test shall be referred to the Employee Assistance Program provided in Article XXXVIII XXVIII herein. An employee's refusal to participate in such program or failure to satisfy the requirements of the program shall be subject to disciplinary action, up to and including discharge.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Drug Testing. 37.01 36.01 The unlawful manufacture, distribution, dispensing, possession possession, or use of a controlled substance by employees is prohibited in the workplace, except as otherwise may be allowed by law, and employees in violation of this provision may be subject to disciplinary action as set forth in this article. Further, an employee must notify the Employer of any drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 37.02 36.02 The Employer may, at its discretion, implement a drug testing procedure for controlled substances for all employees, providing provided such procedure is administered pursuant to the provisions hereinafter set forth. The administration of the testing shall be developed by the Union and Employer. All employees will be fully informed of the Fire Department’s drug testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of drugs on job performance. In addition, employees shall be informed of how the tests are conducted and the consequences of testing positive for drug abuse. All newly hired employees will be provided with this information on their initial date of hire. No drug test is valid until this information is provided to him. 37.03 36.03 All employees may be required to submit to a drug test on an annual basis and shall may be subject to one (1) random drug tests test per year, provided such random test is not done for discriminatory purposes. Prior No employee will be additionally tested for drug abuse unless there exists reasonable suspicion to any test being administered believe that the Union and the employees affected shall be informed of which specific drugs are employee to be testedtested is under the influence of illegal drugs. 37.04 36.04 All laboratory and other fees shall be paid by the Employer Employer, as well as the time spent taking the drug test tests, if the employee is off duty. 37.05 36.05 The testing procedure established shall protect the employee's employees’ individual privacy, insure ensure the accountability and integrity of specimens, insure ensure non-discriminatory testing procedure and shall be conducted at a professional laboratory capable of administering such testing. Urine collection shall be conducted in a manner which provides a high degree of security for the sample and freedom from adulteration. In testing which could result in employee discipline, if the test result is positive a split sample shall be reserved for independent analysis. 37.06 36.06 All samples shall be tested for chemical adulteration, narcotics, PCP, cocaine, amphetamines, and sedatives. All positive screening tests shall be confirmed by a Gas Chromatographygas chromatography/Mass Spectrometry mass spectrometry (GC/MS) test. An employee who initially tests positive may request a second test, which he will pay for if these results are positive. 37.07 36.07 The results of all initial screening and confirmation test tests shall be kept confidential and will not be disclosed to anyone, except the Employer and the employee affected, without first obtaining the written authorization from the employee employee, except as evidence in a disciplinary action or for the Employee Assistance Program EAP referral. Drug tests under this article shall not be used in any criminal prosecution. 37.08 36.08 An employee who tests positive for substance abuse on a confirmation test shall be referred to the Employee Assistance Program provided in Article XXXVIII XXXVII herein. An employee's ’s refusal to participate in such program or failure to satisfy the requirements of the program shall be subject to disciplinary action, up to and including discharge. 36.09 The Union, upon request, will have the right to inspect and observe any aspect of the drug testing program with the exception of individual test results. The Union may inspect individual test results if the release of this information is authorized by the employee involved.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Drug Testing. 37.01 The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by employees is prohibited in the workplace, except as otherwise may be allowed by law, and employees in violation of this provision may be subject to disciplinary action as set forth in this article. Further, an employee must notify the Employer of any drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 37.02 The Employer may, at its discretion, implement a drug testing procedure for controlled substances for all employees, providing such procedure is administered pursuant to the provisions hereinafter set forth. The administration of the testing shall be developed by the Union and Employer. 37.03 All employees may be required to submit to a drug test on an annual basis and shall be subject to one (1) random drug tests test per year, provided such random test is not done for discriminatory purposes. Prior to any test being administered the Union and the employees affected shall be informed of which specific drugs are to be tested. 37.04 All laboratory and other fees shall be paid by the Employer as well as the time spent taking the drug test if the employee is off duty. 37.05 The testing procedure established shall protect the employee's individual privacy, insure the accountability and integrity of specimens, insure non-discriminatory testing procedure and shall be conducted at a professional laboratory capable of administering such testing. 37.06 All positive screening tests shall be confirmed by a Gas Chromatography/Mass Spectrometry (GC/MS) test. 37.07 The results of all initial screening and confirmation test shall be kept confidential and will not be disclosed to anyone, except the Employer and the employee affected, without first obtaining the written authorization from the employee except as evidence in a disciplinary action or for the Employee Assistance Program referral. 37.08 An employee who tests positive for substance abuse shall be referred to the Employee Assistance Program provided in Article XXXVIII herein. An employee's refusal to participate in such program or failure to satisfy the requirements of the program shall be subject to disciplinary action, up to and including discharge.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Drug Testing. 37.01 36.01 The unlawful manufacture, distribution, dispensing, possession possession, or use of a controlled substance by employees is prohibited in the workplace, except as otherwise may be allowed by law, and employees in violation of this provision may be subject to disciplinary action as set forth in this article. Further, an employee must notify the Employer of any drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 37.02 36.02 The Employer may, at its discretion, implement a drug testing procedure for controlled substances for all employees, providing provided such procedure is administered pursuant to the provisions hereinafter set forth. The administration of the testing shall be developed by the Union and Employer. All employees will be fully informed of the Fire Department’s drug testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of drugs on job performance. In addition, employees shall be informed of how the tests are conducted and the consequences of testing positive for drug abuse. All newly hired employees will be provided with this information on their initial date of hire. No drug test is valid until this information is provided to him. 37.03 36.03 All employees may be required to submit to a drug test on an annual basis and shall may be subject to one (1) random drug tests per year, provided such random test is not done for discriminatory purposes. Prior No employee will be additionally tested for drug abuse unless there exists reasonable suspicion to any test being administered believe that the Union and the employees affected shall be informed of which specific drugs are employee to be testedtested is under the influence of illegal drugs. 37.04 36.04 All laboratory and other fees shall be paid by the Employer Employer, as well as the time spent taking the drug test tests, if the employee is off duty. 37.05 36.05 The testing procedure established shall protect the employee's employees’ individual privacy, insure ensure the accountability and integrity of specimens, insure ensure non-discriminatory testing procedure and shall be conducted at a professional laboratory capable of administering such testing. Urine collection shall be conducted in a manner which provides a high degree of security for the sample and freedom from adulteration. In testing which could result in employee discipline, if the test result is positive a split sample shall be reserved for independent analysis. 37.06 36.06 All samples shall be tested for chemical adulteration, narcotics, PCP, cocaine, amphetamines, and sedatives. All positive screening tests shall be confirmed by a Gas Chromatographygas chromatography/Mass Spectrometry mass spectrometry (GC/MS) test. An employee who initially tests positive may request a second test, which he will pay for if these results are positive. 37.07 36.07 The results of all initial screening and confirmation test tests shall be kept confidential and will not be disclosed to anyone, except the Employer and the employee affected, without first obtaining the written authorization from the employee employee, except as evidence in a disciplinary action or for the Employee Assistance Program EAP referral. Drug tests under this article shall not be used in any criminal prosecution. 37.08 36.08 An employee who tests positive for substance abuse on a confirmation test shall be referred to the Employee Assistance Program provided in Article XXXVIII XXXVII herein. An employee's ’s refusal to participate in such program or failure to satisfy the requirements of the program shall be subject to disciplinary action, up to and including discharge. 36.09 The Union, upon request, will have the right to inspect and observe any aspect of the drug testing program with the exception of individual test results. The Union may inspect individual test results if the release of this information is authorized by the employee involved.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Drug Testing. 37.01 The unlawful manufactureFHWA rules for drugs require testing for marijuana, distributioncocaine, dispensingopiates, possession amphetamines, and phencyclidine. Urine collection for the purpose of drug testing and analysis shall be performed in accordance with the standards and procedures issued by the Department of Health and Human Services (DHHS) certified laboratory. i) The required testing is a two-stage process. First a screening test is conducted with an Enzyme Multiple Immunoassay Test (EMIT). If there is a positive result on the screening test for one or use more of the above enumerated drugs, a confirmation test will be conducted for each identified drug. The confirmation consists of a controlled substance by employees is prohibited in the workplace, except as otherwise may be allowed by law, and employees in violation of this provision may be subject to disciplinary action as set forth in this article. Further, an employee must notify the Employer of any drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 37.02 The Employer may, at its discretion, implement a drug testing procedure for controlled substances for all employees, providing such procedure is administered pursuant to the provisions hereinafter set forth. The administration of the testing shall be developed by the Union and Employer. 37.03 All employees may be required to submit to a drug test on an annual basis and shall be subject to one (1) random drug tests per year, provided such random test is not done for discriminatory purposes. Prior to any test being administered the Union and the employees affected shall be informed of which specific drugs are to be tested. 37.04 All laboratory and other fees shall be paid by the Employer as well as the time spent taking the drug test if the employee is off duty. 37.05 The testing procedure established shall protect the employee's individual privacy, insure the accountability and integrity of specimens, insure non-discriminatory testing procedure and shall be conducted at a professional laboratory capable of administering such testing. 37.06 All positive screening tests shall be confirmed by a Gas Chromatographygas chromatography/Mass Spectrometry mass spectrometry (GC/MS) analysis. ii) All urine samples shall be split samples so that, if the result of the primary testing is positive, the employee may request, within 72 hours of being notified of the positive test result, that the medical review officer (MRO) have the split sample tested by a different DHHS certified laboratory. If the result of the test of the split sample fails to confirm the presence of the drug found in the primary sample, the MRO shall report the test as negative. iii) When informing an employee of a positive test result, the MRO must inform the employee that he or she has a 72 hour period to request that the split sample be tested. If the employee has not contacted the MRO within the 72 hour period after having been informed of the positive test result, the employee may nonetheless present to the MRO information documenting that a serious illness, injury, inability to contact the MRO, or other unavoidable circumstances prevented the employee from so contacting the MRO. If the MRO concludes that there is a legitimate explanation for the employee's failure to contact the MRO within the 72 hour period, the MRO shall direct that the analysis of the specimen be performed. iv) If the employee during the specimen collection fails to produce the required volume of urine, the employee will be instructed to drink up to 24 ounces of fluids and, after waiting for up to two hours, to again attempt to provide the required specimen. If the employee is still unable to produce the required specimen, he or she shall be immediately referred for a medical evaluation to develop information to verify a medical condition which prohibits the employee from producing the required specimen. If the employee's inability to provide the specimen is verified, it will not be recorded as a refusal to test. If a medical condition restricting the employee from providing the required specimen is not verified, it will constitute a refusal to test. 37.07 The v) All drug test results of all initial screening are reviewed and confirmation interpreted by the MRO before they are reported to the VILLAGE. If the laboratory reports a positive result to the MRO, the MRO shall contact the employee (in person or by telephone) and conduct an interview to determine if there is an alternative medical explanation for the drug or drugs found in the employee's urine specimen. If the MRO confirms that there is alternative medical explanation for the positive test result, the drug test result shall be kept confidential and will not be disclosed reported as negative. vi) If, after making all reasonable efforts, the MRO is unable to anyone, except the Employer and reach the employee affecteddirectly, without first obtaining the written authorization from MRO shall contact a designated management official who shall direct the employee except to contact the MRO as evidence in soon as possible. The MRO will confirm a disciplinary action test result with the VILLAGE without consulting with the employee if the employee declines the interview with the MRO or for if the Employee Assistance Program referraldesignated employer representative documents a contact with the employee instructing the employee to contact the MRO and more than five days have passed without the employee contacting the MRO. 37.08 An employee who tests positive for substance abuse shall be referred to the Employee Assistance Program provided in Article XXXVIII herein. An employee's refusal to participate in such program or failure to satisfy the requirements of the program shall be subject to disciplinary action, up to and including discharge.

Appears in 1 contract

Sources: Public Works Agreement