Common use of Drug Testing Clause in Contracts

Drug Testing. A. The City may not require an employee to submit to medical testing and psychological testing, except as provided in this Article. The City may require an employee to submit to drug or alcohol testing for pre-employment testing; in circumstances where there is a reasonable suspicion that the employee is under the influence of such substances, suffers from substance abuse, or is in violation of the City’s personnel policies and procedures regarding the use of such substances; and by random selection. Except as otherwise provided by applicable law. 1. Any testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings. Under no circumstances may the results of drug screening or testing be released to a third party for the use in a criminal prosecution against the affected employee. 2. An employee refusing to undergo the required testing shall be subject to disciplinary action up to and including discharge. Upon request, an employee shall be entitled to the presence of an Association Representative before testing is administered. 3. Random drug and alcohol testing will be conducted by submitting all bargaining unit members’ names to a random selection system. The random selection system provides an equal chance for each employee to be selected each time random selection occurs. Random selections will be reasonably spread throughout the year. Random selection, by its very nature, may result in an employee being selected in successive selections or more than once a calendar year. Alternatively, some employees may not be selected in a calendar year. 4. Any alternate testing undertaken by employees within three (3) days of a positive test will be considered for any disciplinary purposes. 5. Any positive test shall be confirmed by quantitative analysis for the classes of drugs screened positive on the initial test. All confirmatory tests shall use the gas chromatography/mass spectrophotometer (GC/MS) method of detection. 6. Any positive test, which has been confirmed, shall result in discipline of the employee. Any discipline, which shall result from a positive test, shall be processed through the disciplinary procedure in this contract and shall include a first offense rehabilitation program. The City agrees to pay for any costs incurred by the employee for the first offense rehabilitation program which are not covered Part-Time Firefighters 2018 CBA_24JAN2018.docx 15 Part-Time Firefighters CBA 1/1/2018 - 12/31/2020 by the employee’s primary employer’s insurance coverage, including co-pays and insurance deductibles. In no case will the City pay for treatment beyond the first offense. 7. Each person who tests positive for illicit drug or improper alcohol use shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the first offense rehabilitation program without fear of disciplinary actions against him, at the same benefit level as described above. This program is designated to provide care and treatment for employees who are in need of rehabilitation. Details concerning treatment any employee receives, shall remain confidential and shall not be released to the public, but shall be released to the Department of Administration. 8. When completion of such program and a retest demonstrates that the employee is no longer illegally using a controlled substance or alcohol, the employee shall be returned to his position. Such employee may be subject to frequent re-testing upon his return to his position for a period of one (1) year from the date of his return. Any employee in the above mentioned rehabilitation or detoxification programs 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. 9. Once treatment and follow-up care are completed, at the end of two years thereafter, if no additional incident occurs, the records of treatment and positive test results shall be retired to a closed medical record. 10. All tests must be performed by laboratories certified under the Department of Health and Human Services (DHHS) “Mandatory Guidelines for Federal Workplace Drug Testing Programs” 53 FR 11970, April 11, 1988, and subsequent amendments thereto (previously termed “NIDA-Certified”). The standards include procedures for chain of custody, security, storage, processing, testing and reporting. A list of laboratories currently certified under these regulations can be obtained, with notice, form the Human Resources Department. 11. For the purpose of implementing the provision of this article, each bargaining unit member shall execute medical releases in order for the City to obtain the results of the physical examinations/drug-screen testing provided for in this article. Except as otherwise provided by State or Federal Law with regard to communicable diseases, or with the permission of the employee, the releases referred to in this section shall authorize only the release of examination results and progress reports pertaining to the drug-screening test results. No other medical finding may be released without the express written permission of the employee. 16 Part-Time Firefighters 2018 CBA_24JAN2018.docx Part-Time Firefighters CBA 1/1/2018 - 12/31/2020

Drug Testing. A. The City may not require an employee to submit to medical testing and psychological testing, except as provided in this Article. 42.01 The City may require an employee to submit to drug or alcohol testing for pre-pre- employment testing; in circumstances where there is a reasonable suspicion that the employee is under the influence of such substances, suffers from substance abuse, or is in violation of the City’s personnel policies and procedures regarding the use of such substances; and by random selection. Except as otherwise provided by applicable law.: 1. A. Any testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings. Under no circumstances may the results of drug screening or testing be released to a third party for the use in a criminal prosecution against the affected employee. 2. B. An employee refusing to undergo the required testing shall be subject to disciplinary action up by the City, subject to and including dischargethe grievance/arbitration procedures set forth in this CBA. Upon request, an employee shall be entitled to the presence of an Association Representative a IAFF representative before testing is administered. 3. C. Random drug and alcohol testing will be conducted by submitting all bargaining unit members’ names to a random selection system. The random selection system provides an equal chance for each employee to be selected each time random selection occurs. Random selections will be reasonably spread throughout the year. Random selection, by its very nature, may result in an employee being selected in successive selections or more than once a calendar year. Alternatively, some employees may not be selected in a calendar certain year. 4. D. Any alternate testing undertaken by employees within three (3) days of a positive test will be considered for any disciplinary purposes. 5. E. Any positive test shall be confirmed by quantitative analysis for the classes of drugs screened positive on the initial test. All confirmatory tests shall use the gas chromatography/mass spectrophotometer (GC/MS) method of detection. 6. F. Any positive test, which has been confirmed, shall result in discipline of the employee. Any discipline, which shall result from a positive test, shall be processed through the fire department disciplinary procedure in this contract and shall include a first offense rehabilitation program. The City agrees to pay for any costs incurred by the employee for the first offense rehabilitation program which are not covered Part-Time Firefighters 2018 CBA_24JAN2018.docx 15 Part-Time Firefighters CBA 1/1/2018 - 12/31/2020 by the employeeemployer’s primary employer’s insurance coverage, including co-co- pays and insurance deductibles. In no case will the City pay for treatment beyond the first offense. 7. G. Each person who tests positive for illicit drug or improper alcohol use shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the first offense rehabilitation program without fear of disciplinary actions against him, at the same benefit level as described above. This program is designated to provide care and treatment for employees who are in need of rehabilitation. Details concerning treatment any employee receives, shall remain confidential and shall not be released to the public, but shall be released to the Department of Administration. 8. H. When completion of such program and a retest demonstrates that the employee is no longer illegally using a controlled substance or alcohol, the employee shall be returned to his position. Such employee may be subject to frequent re-testing upon his return to his position for a period of one (1) year from the date of his return. Any employee in the above mentioned rehabilitation or detoxification programs 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. 9. I. Once treatment and follow-up care are completed, at the end of two years thereafter, if no additional incident occurs, the records of treatment and positive test results shall be retired to a closed medical record. 10. J. All tests must be performed by laboratories certified under the Department of Health and Human Services (DHHS) “Mandatory Guidelines for Federal Workplace Drug Testing Programs” 53 FR 11970, April 11, 1988, and subsequent amendments thereto (previously termed “NIDA-Certified”). The standards include procedures for chain of custody, security, storage, processing, testing and reporting. A list of laboratories currently certified under these regulations can be obtained, with notice, form the from Human Resources DepartmentResources. 11. For the purpose of implementing the provision of this article, each K. Each bargaining unit member shall execute medical releases in order for the City to obtain the results of the physical examinations/drug-screen testing provided for in this article. Except as otherwise provided by State or Federal Law with regard to communicable diseases, or with the permission of the employee, the releases referred to in this section shall authorize only the release of examination results and progress reports pertaining to the drug-drug- screening test results. No other medical finding may be released without the express written permission of the employee. L. The USDOT, Office of Drug & Alcohol Policy & Compliance produces a publication (revised or updated March 2019) entitled “What Employees Need to Know About DOT Drug & Alcohol Testing.” The publication contains valuable education for employees relative to their rights and obligations in the drug testing process. 16 PartIncluded, are the drugs that are tested for, the use of prescribed medications and over-Time Firefighters 2018 CBA_24JAN2018.docx Partthe-Time Firefighters CBA 1/1/2018 - 12/31/2020counter drugs, when an employee will be tested, how drug and alcohol tests are administered, the definition of a Medical Review Officer, what constitutes a refusal, and other valuable guidelines and information. The City shall furnish this publication to each of the bargaining unit members. The City shall furnish any subsequent amendments to the Union within 30 days after being notified of any amendments. The Union shall thereafter be responsible for furnishing the amendments to the bargaining unit members with the amendments.

Drug Testing. A. The City may not require an employee to submit to medical testing and psychological testing, except as provided in this Article. 42.01 The City may require an employee to submit to drug or alcohol testing for pre-pre- employment testing; in circumstances where there is a reasonable suspicion that the employee is under the influence of such substances, suffers from substance abuse, or is in violation of the City’s personnel policies and procedures regarding the use of such substances; and by random selection. Except as otherwise provided by applicable law.: 1. A. Any testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings. Under no circumstances may the results of drug screening or testing be released to a third party for the use in a criminal prosecution against the affected employee. 2. B. An employee refusing to undergo the required testing shall be subject to disciplinary action up by the City, subject to and including dischargethe grievance/arbitration procedures set forth in this CBA. Upon request, an employee shall be entitled to the presence of an Association Representative a IAFF representative before testing is administered. 3. C. Random drug and alcohol testing will be conducted by submitting all bargaining unit members’ names to a random selection system. The random selection system provides an equal chance for each employee to be selected each time random selection occurs. Random selections will be reasonably spread throughout the year. Random selection, by its very nature, may result in an employee being selected in successive selections or more than once a calendar year. Alternatively, some employees may not be selected in a calendar certain year. 4. D. Any alternate testing undertaken by employees within three (3) days of a positive test will be considered for any disciplinary purposes. 5. E. Any positive test shall be confirmed by quantitative analysis for the classes of drugs screened positive on the initial test. All confirmatory tests shall use the gas chromatography/mass spectrophotometer (GC/MS) method of detection. 6. F. Any positive test, which has been confirmed, shall result in discipline of the employee. Any discipline, which shall result from a positive test, shall be processed through the fire department disciplinary procedure in this contract and shall include a first offense rehabilitation program. The City agrees to pay for any costs incurred by the employee for the first offense rehabilitation program which are not covered Part-Time Firefighters 2018 CBA_24JAN2018.docx 15 Part-Time Firefighters CBA 1/1/2018 - 12/31/2020 by the employeeemployer’s primary employer’s insurance coverage, including co-co- pays and insurance deductibles. In no case will the City pay for treatment beyond the first offense. 7. G. Each person who tests positive for illicit drug or improper alcohol use shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the first offense rehabilitation program without fear of disciplinary actions against him, at the same benefit level as described above. This program is designated to provide care and treatment for employees who are in need of rehabilitation. Details concerning treatment any employee receives, shall remain confidential and shall not be released to the public, but shall be released to the Department of Administration. 8. H. When completion of such program and a retest demonstrates that the employee is no longer illegally using a controlled substance or alcohol, the employee shall be returned to his position. Such employee may be subject to frequent re-testing upon his return to his position for a period of one (1) year from the date of his return. Any employee in the above mentioned rehabilitation or detoxification programs 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. 9. I. Once treatment and follow-up care are completed, at the end of two years thereafter, if no additional incident occurs, the records of treatment and positive test results shall be retired to a closed medical record. 10. J. All tests must be performed by laboratories certified under the Department of Health and Human Services (DHHS) “Mandatory Guidelines for Federal Workplace Drug Testing Programs” 53 FR 11970, April 11, 1988, and subsequent amendments thereto (previously termed “NIDA-Certified”). The standards include procedures for chain of custody, security, storage, processing, testing and reporting. A list of laboratories currently certified under these regulations can be obtained, with notice, form the Human Resources Department. 11. For the purpose of implementing the provision of this article, each bargaining unit member shall execute medical releases in order for the City to obtain the results of the physical examinations/drug-screen testing provided for in this article. Except as otherwise provided by State or Federal Law with regard to communicable diseases, or with the permission of the employee, the releases referred to in this section shall authorize only the release of examination results and progress reports pertaining to the drug-screening test results. No other medical finding may be released without the express written permission of the employee. 16 Part-Time Firefighters 2018 CBA_24JAN2018.docx Part-Time Firefighters CBA 1/1/2018 - 12/31/2020The

Drug Testing. The parties recognize the importance to the District, to employees, and to the students and patrons of the District that the workforce remains free of the effects of illegal drugs or controlled substances on the job. The District has the right to conduct drug testing under the following circumstances: A. The City may not require an employee to submit to medical testing and psychological testing, except as provided in this Article. The City District may require an employee to submit to drug or alcohol testing for pre-employment testing; in circumstances where if there is a reasonable suspicion suspicion1 to believe that the employee is may be under the influence of such alcohol, illegal or controlled substances. Only supervisors or managers trained in detecting the signs and symptoms of drug use and/or the misuse of alcohol, suffers from substance abuseillegal, or is in violation and controlled substances may determine if reasonable suspicion exists. A written record of the City’s personnel policies observations leading to a reasonable suspicion test must be made and procedures regarding within twenty-four (24) hours of the use of such substances; and by random selection. Except as otherwise provided by applicable law. 1. Any testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings. Under no circumstances may observed behavior or before the results of drug screening or testing the test are released, whichever is earlier. Testing may only be released to done at a third party for the use in a criminal prosecution against the affected employee. 2. An employee refusing to undergo the required testing shall be subject to disciplinary action up to and including discharge. Upon request, an employee shall be entitled to the presence of an Association Representative before testing is administered. 3. Random drug and alcohol testing will be conducted by submitting all bargaining unit members’ names to a random selection system. The random selection system provides an equal chance for each employee to be selected each time random selection occurs. Random selections will be reasonably spread throughout the year. Random selection, by its very nature, may result in an employee being selected in successive selections or more than once a calendar year. Alternatively, some employees may not be selected in a calendar year. 4. Any alternate testing undertaken by employees within three (3) days of a positive test will be considered for any disciplinary purposes. 5. Any positive test shall be confirmed by quantitative analysis for the classes of drugs screened positive on the initial test. All confirmatory tests shall use the gas chromatography/mass spectrophotometer (GC/MS) method of detection. 6. Any positive test, which has been confirmed, shall result in discipline of the employee. Any discipline, which shall result from a positive test, shall be processed through the disciplinary procedure in this contract and shall include a first offense rehabilitation program. The City agrees to pay for any costs incurred laboratory accredited by the employee for State of Oregon or the first offense rehabilitation program which are not covered Part-Time Firefighters 2018 CBA_24JAN2018.docx 15 Part-Time Firefighters CBA 1/1/2018 - 12/31/2020 by the employee’s primary employer’s insurance coverage, including co-pays and insurance deductibles. In no case will the City pay for treatment beyond the first offense. 7. Each person who tests positive for illicit drug or improper alcohol use shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the first offense rehabilitation program without fear of disciplinary actions against him, at the same benefit level as described above. This program is designated to provide care and treatment for employees who are in need of rehabilitation. Details concerning treatment any employee receives, shall remain confidential and shall not be released to the public, but shall be released to the Department of Administration. 8. When completion of such program and a retest demonstrates that the employee is no longer illegally using a controlled substance or alcohol, the employee shall be returned to his position. Such employee may be subject to frequent re-testing upon his return to his position for a period of one (1) year from the date of his return. Any employee in the above mentioned rehabilitation or detoxification programs 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. 9. Once treatment and follow-up care are completed, at the end of two years thereafter, if no additional incident occurs, the records of treatment and positive test results shall be retired to a closed medical record. 10. All tests must be performed by laboratories certified under the U.S. Department of Health and Human Services (DHHS) “Mandatory Guidelines Services. All tests shall be split sample tests. Strict chain of evidence procedures shall be utilized. The employee shall be transported to the laboratory by the supervisor or manager of the District who determined that reasonable suspicion existed. The employee shall be offered the right to be accompanied by a Union representative and no questioning of the employee shall be permitted. Refusal to submit to testing shall be considered the equivalent of a confirmed positive test result. B. An employee’s first confirmed positive test may be cause for Federal Workplace Drug Testing Programs” 53 FR 11970discipline but shall not be cause for termination, April 11provided the employee agrees to participate in a treatment program as recommended by the employee’s medical practitioner, 1988successfully completes such program as well as any recommended follow-up, which may include a requirement of random testing, and subsequent amendments thereto (previously termed “NIDA-Certified”)provides whatever authorization is necessary to permit the District to verify compliance with the above. The standards include procedures employee is responsible for chain the costs of custody, security, storage, processing, testing and reportingthe treatment program if the cost of the program is not covered by the employee’s health insurance. A list Said employee must submit to a fitness for duty exam before returning to work. C. The Director of laboratories currently certified under these regulations can Human Resources will be obtained, with notice, form the recipient of all results. The District will receive pass or fail results only. Employees who wish to challenge the accuracy of a positive result on the drug test may request that the test be repeated. The original specimen will be utilized for retesting. Requests for retesting must be submitted in writing to the Human Resources Departmentoffice within two (2) working days of notification of a positive test result. Use of a Medical Review Officer (MRO) who is a licensed Physician in Oregon will validate sample results. If the drug testing inadvertently reveals that the employee may be taking medication for the treatment of a disability, this information will not be used by the District in a discriminatory manner and shall be subject to medical record keeping requirements. 11. For the purpose of implementing the provision of this article, each bargaining unit member shall execute medical releases in order for the City to obtain the results of the physical examinations/drug-screen testing provided for in this article. Except as otherwise provided by State or Federal Law with regard to communicable diseases, or with the permission of the D. An employee, the releases referred to in this section shall authorize only the release of examination results and progress reports pertaining to the drug-screening ’s second positive test results. No other medical finding result may be released without grounds for discipline up to discharge. E. The District has a right to test employees pursuant to regulations issued by the express written permission Department of the employee. 16 Part-Time Firefighters 2018 CBA_24JAN2018.docx Part-Time Firefighters CBA 1/1/2018 - 12/31/2020Transportation.

Drug Testing. A. The City may not require ‌‌‌ 27.1 Whenever the Town, or any of its managerial or supervisory employees, has a reasonable suspicion that an employee to submit to medical testing and psychological testingin the bargaining unit represented by the FOP has reported for duty under the influence of alcohol or illegal drugs, except as provided been involved in this Article. The City may require an employee to submit to drug on-duty accident or alcohol testing for preassigned off-employment testing; in circumstances duty job incident where there is a reasonable suspicion that the employee has used controlled substances or alcohol is suspected, or has used alcohol or illegal drugs while on duty, or has used illegal drugs off duty, the Town may require the employee to furnish a urine, hair or blood specimen, for chemical analysis to determine the presence of illegal drugs or determine the presence of alcohol. 27.2 Reasonable suspicion testing shall be limited to circumstances where two (2) Police Department supervisory or Police Department managerial employees have reasonable grounds to suspect that the employee has recently used or is under the influence of such substances, suffers from substance abuse, alcohol on duty or is in violation of the City’s personnel policies and procedures regarding the use of such substances; and by random selection. Except as otherwise provided by applicable lawillegal drugs on or off duty. 1. Any testing 27.3 The Chief of Police or his/her designee shall be conducted solely approve any mandatory test for administrative purposes and the results obtained shall not be used in criminal proceedings. Under no circumstances may the results presence of drug screening alcohol or testing be released illegal drugs pursuant to this paragraph. 27.4 An employee required to submit to a third party mandatory test for the use in a criminal prosecution against the affected employee. 2. An employee refusing to undergo the required testing shall be subject to disciplinary action up to and including discharge. Upon request, an employee presence of alcohol or illegal drugs shall be entitled to have a FOP or other employee representative present when the blood is drawn or when the urine specimen is obtained. However, under no circumstances will the taking of blood or taking of a urine specimen be delayed for more than one (1) hour to allow for the presence of a FOP or other employee representative. The collection will be conducted with as much privacy as possible to maintain assurance of a reliable chain of evidence. If the laboratory is closed, the sample may be drawn at a hospital. The employee shall view the sealing and packaging of the sample and initial the same. 27.5 In addition to the "reasonable suspicion" testing provided for above, the Town may institute a program of random drug testing utilizing a computer-based program that will randomly select employees from the bargaining unit with no greater frequency than on a monthly basis. No employee shall be randomly tested in excess of three (3) times in any calendar year. The Town shall notify the supervisor of each employee selected for random testing. The supervisor shall be responsible for ensuring that the employee is immediately taken to the testing site. 27.6 The parties agree to be bound by the Drug-Free Workplace Act as set forth in Chapter 440 and Chapter 112 of the Florida Statutes, and the Drug-Free Workplace Standards promulgated by the Agency for Health Care Administration. 27.7 All tests for the presence of illegal drugs shall be conducted using recognized technologies. In the event an employee's initial test results are positive (i.e., indicate the presence of an Association Representative before testing is administered. 3. Random drug and alcohol testing illegal drug), a second test will be conducted utilizing a different procedure, the Gas Chromatography/mass Spectrometry (G.C.M.S.) except that alcohol will be confirmed using Gas Chromatography testing method. A certified Medical Review Officer (MRO) who will be a medical professional chosen by submitting the Town will review all bargaining unit members’ names to a random selection systemnegative and confirmed positive laboratory results. The random selection system provides MRO for the Town will be designated by Mt. Sinai Medical Center Occupational Health Department or an equal chance alternate as may be determined by the Town. Confirmed positive results will only be communicated to the Town’s Human Resources Director after the MRO has ascertained that personal prescriptions or other legal substances do not account for each the laboratory findings. Investigations may include, as appropriate, telephone contact with the employee and any prescribing physician. Employees may consult the Town appointed MRO concerning drugs and/or drug groups that may be tested for under this procedure. Employees may contact the Town’s MRO to ask questions concerning prescribed medications they are taking for clarification purposes involving fitness for duty assessments. The standards to be selected each time random selection occursused for employee drug testing are as established by Florida Administrative Code Rules 59A- 24 and 11B-27. Random selections will be reasonably spread throughout the year. Random selection, by its very nature, may result in an An employee being selected in successive selections or more than once a calendar year. Alternatively, some employees may not be selected in a calendar year. 4. Any alternate testing undertaken by employees within three (3) days of a positive test will be considered to test positive for any disciplinary purposes. 5alcohol at the level equal to or exceeding 0.04g%. Any positive test shall Other drugs and substances listed in Schedule I through V the Controlled Substance Act, 21 U.S.C. 812 may be confirmed by quantitative analysis tested for the classes of drugs screened positive on the initial test. All confirmatory tests shall use the gas chromatography/mass spectrophotometer (GC/MS) method of detection. 6. Any positive test, which has been confirmed, shall result in discipline behalf of the employee. Any discipline, which shall result from a positive test, shall be processed through the disciplinary procedure in this contract and shall include a first offense rehabilitation program. The City agrees to pay for any costs incurred by the employee for the first offense rehabilitation program which are not covered Part-Time Firefighters 2018 CBA_24JAN2018.docx 15 Part-Time Firefighters CBA 1/1/2018 - 12/31/2020 by the employee’s primary employer’s insurance coverage, including co-pays and insurance deductiblesTown. In no case any event, they will be tested at levels according to generally accepted toxicology standards. Copies of the City pay for treatment beyond the first offense. 7. Each person who tests positive for illicit drug or improper alcohol use shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the first offense rehabilitation program without fear of disciplinary actions against him, at the same benefit level as described above. This program is designated to provide care and treatment for employees who are in need of rehabilitation. Details concerning treatment any employee receives, shall remain confidential and shall not be released to the public, but shall be released to the Department of Administration. 8. When completion of such program and a retest demonstrates that the employee is no longer illegally using a controlled substance or alcohol, the employee shall be returned to his position. Such employee may be subject to frequent re-testing upon his return to his position for a period of one (1) year from the date of his return. Any employee in the above mentioned rehabilitation or detoxification programs 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. 9. Once treatment and follow-up care are completed, at the end of two years thereafter, if no additional incident occurs, the records of treatment and positive test results shall be retired made available to a closed medical record. 10. All tests must be performed by laboratories certified under the Department of Health and Human Services (DHHS) “Mandatory Guidelines for Federal Workplace Drug Testing Programs” 53 FR 11970, April 11, 1988, and subsequent amendments thereto (previously termed “NIDA-Certified”). The standards include procedures for chain of custody, security, storage, processing, testing and reporting. A list of laboratories currently certified under these regulations can be obtained, with notice, form the Human Resources Department. 11. For the purpose of implementing the provision of this article, each bargaining unit member shall execute medical releases in order for the City to obtain the results of the physical examinations/drug-screen testing provided for in this article. Except as otherwise provided by State or Federal Law with regard to communicable diseases, or with the permission of the employee, upon the releases referred to in this section shall authorize only employee's request, at the release of examination results and progress reports pertaining to Town Police Station within twelve (12) hours after the drug-screening Town has received the test results. No other medical finding may Additionally, if the employee so requests, within twelve (12) hours after the test results have been made available, he/she shall be released without the express written permission given a sample of the employeespecimen tested. 27.8 It is understood and agreed that the employees in the bargaining unit represented by the FOP are prohibited from using illegal drugs on or off duty. 16 Part"Illegal drugs" means any controlled substance as defined in the Drug-Time Firefighters 2018 CBA_24JAN2018.docx Part-Time Firefighters CBA 1/1/2018 - 12/31/2020Free Workplace Standards Act and, not used in accordance with a lawful prescription.

Drug Testing. A. The City may not require an employee to submit to medical testing and psychological testing, except as provided in this Article. The City may require an employee to submit to drug or alcohol testing for pre-employment testing; in circumstances where there is a reasonable suspicion that the employee is under the influence of such substances, suffers from substance abuse, or is in violation of the City’s personnel policies and procedures regarding the use of such substances; and by random selection. Except as otherwise provided by applicable law. 1. Any testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings. Under no circumstances may the results of drug screening or testing be released to a third party for the use in a criminal prosecution against the affected employee. 2. An employee refusing to undergo the required testing shall be subject to disciplinary action up to and including discharge. Upon request, an employee shall be entitled to the presence of an Association Representative before testing is administered. 3. Random drug and alcohol testing will be conducted by submitting all bargaining unit members’ names to a random selection system. The random selection system provides an equal chance for each employee to be selected each time random selection occurs. Random selections will be reasonably spread throughout the year. Random selection, by its very nature, may result in an employee being selected in successive selections or more than once a calendar year. Alternatively, some employees may not be selected in a calendar year. 4. Any alternate testing undertaken by employees within three (3) days of a positive test will be considered for any disciplinary purposes. 5. Any positive test shall be confirmed by quantitative analysis for the classes of drugs screened positive on the initial test. All confirmatory tests shall use the gas chromatography/mass spectrophotometer (GC/MS) method of detection. 6. Any positive test, which has been confirmed, shall result in discipline of the employee. Any discipline, which shall result from a positive test, shall be processed through the disciplinary procedure in this contract and shall include a first offense rehabilitation program. The City agrees to pay for any costs incurred by the employee for the first offense rehabilitation program which are not covered Part-Time Firefighters 2018 CBA_24JAN2018.docx 15 Part-Time Firefighters CBA 1/1/2018 - 12/31/2020 by the employee’s primary employer’s insurance coverage, including co-pays and insurance deductibles. In no case will the City pay for treatment beyond the first offense. 7. Each person who tests positive for illicit drug or improper alcohol use shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the first offense rehabilitation program without fear of disciplinary actions against him, at the same benefit level as described above. This program is designated to provide care and treatment for employees who are in need of rehabilitation. Details concerning treatment any employee receives, shall remain confidential and shall not be released to the public, but shall be released to the Department of Administration. 8. When completion of such program and a retest demonstrates that the employee is no longer illegally using a controlled substance or alcohol, the employee shall be returned to his position. Such employee may be subject to frequent re-testing upon his return to his position for a period of one (1) year from the date of his return. Any employee in the above mentioned rehabilitation or detoxification programs 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. 9. Once treatment and follow-up care are completed, at the end of two years thereafter, if no additional incident occurs, the records of treatment and positive test results shall be retired to a closed medical record. 10. All tests must be performed by laboratories certified under the Department of Health and Human Services (DHHS) “Mandatory Guidelines for Federal Workplace Drug Testing Programs” 53 FR 11970, April 11, 1988, and subsequent amendments thereto (previously termed “NIDA-Certified”). The standards include procedures for chain of custody, security, storage, processing, testing and reporting. A list of laboratories currently certified under these regulations can be obtained, with notice, form the Human Resources Department. 11. For the purpose of implementing the provision of this article, each bargaining unit member shall execute medical releases in order for the City to obtain the results of the physical examinations/drug-screen testing provided for in this article. Except as otherwise provided by State or Federal Law with regard to communicable diseases, or with the permission of the employee, the releases referred to in this section shall authorize only the release of examination results and progress reports pertaining to the drug-screening test results. No other medical finding may be released without the express written permission of the employee. 16 Part-Time Firefighters 2018 CBA_24JAN2018.docx Part-Time Firefighters CBA 1/1/2018 - 12/31/2020.

Drug Testing. A. The City may not require an employee to submit to medical testing and psychological testing, except as provided in this Article. The City may require an employee to submit to drug or alcohol Section 12.1 Definition Mandatory testing for pre-employment testing; in circumstances where there is a reasonable suspicion that the employee is employees holding Commercial Driver's License (CDL) as required under the influence of such substances, suffers from Federal Highway Administration rules (FHWA) on controlled substance abuse, or is in violation of the City’s personnel policies use and procedures regarding the use of such substances; and by random selection. Except as otherwise provided by applicable law. 1. Any testing shall be conducted solely for administrative purposes provided under the law and the results obtained shall not be used in criminal proceedings. Under no circumstances may the results of drug screening or testing be released to a third party for the use in a criminal prosecution against the affected employeeas follows. 2Section 12.1.1 Pre-Employment Testing Applicants for positions requiring a Commercial Driver's License, including current employees attempting to transfer to such a position, shall bear all costs associated with the required drug and alcohol tests. Section 12.2 Random, Post-Accident, and Reasonable Suspicion Testing Employees shall be tested in accordance with federally mandated laws on a random, post- accident, and reasonable suspicion basis for alcohol misuse and controlled substance use. In the event a test under any of the above circumstances for controlled substances is positive, it may be confirmed at employee's request. In the event an employee tests positive for any of the five (5) controlled substances specified in the law, this shall be cause for termination of employment. In the event an employee tests greater than 0.02 for alcohol, a confirming test will be administered after fifteen (15) minutes and before twenty (20) minutes has elapsed since the first test. In the event an employee tests greater than 0.04 for alcohol, this shall be cause for termination of employment. In the event a confirmed employee's test results are between 0.02 and 0.04 for alcohol, said employee shall be removed from duty for at least twenty-four (24) hours. An employee refusing to undergo the required testing shall between 0.02 and 0.04 may be subject to disciplinary action up to and including dischargetermination. The employer may require a mandatory referral for an alcohol evaluation in the event employment is not terminated. The District will allow seven (7) working days for the employee to complete the mandatory referral. The employee must abide by the recommendations provided by the agency doing the evaluation prior to the return to work. Noncompliance will result in termination for cause. During this referral period, said employee will be on leave without pay. Section 12.2.1 Returning to Work Before returning to work, an employee put on leave without pay due to a positive alcohol test must pass a return-to-duty alcohol test. Also, unannounced follow-up testing may be required as part of the treatment plan designed by the attending substance abuse professional. This testing would be done at the employee’s expense. Section 12.2.2 Test Records Drug and alcohol test results shall be kept at the District Office separate from regular personnel files and maintained in such a manner as to insure confidentiality of all affected employees. Upon request, an employee shall be entitled to the presence of an Association Representative before testing is administered. 3. Random employees may view their drug and alcohol test results. Copies of any material contained in this file shall be provided to the employee upon request. Section 12.2.3 Documentation In the event the District has reasonable suspicion to require drug or alcohol testing will for an employee, the reasons shall be conducted by submitting all bargaining unit members’ names to a random selection systemdocumented and kept in the confidential drug and alcohol personnel file. Section 12.2.4 Cost Cost of Testing and Time. The random selection system provides an equal chance District shall pay laboratory costs for each employee to be selected each time random selection occursthe initial drug and/or alcohol test under the random, post-accident, and reasonable suspicion provisions of the FHWA rules. Random selections will be reasonably spread throughout the year. Random selectionEmployee requested confirmation tests, by its very nature, may result in an employee being selected in successive selections or more than once a calendar year. Alternatively, some employees may not be selected in a calendar year. 4. Any alternate testing undertaken by employees within three (3) days of a initial positive test will be considered for any disciplinary purposes. 5. Any positive test shall be confirmed by quantitative analysis for the classes of drugs screened positive on the initial test. All confirmatory tests shall use the gas chromatography/mass spectrophotometer (GC/MS) method of detection. 6. Any positive test, which has been confirmed, shall result in discipline of the employee. Any discipline, which shall result from a positive testresults, shall be processed through at District expense in the disciplinary procedure in this contract and shall include event the confirmation test following a first offense rehabilitation programpositive result shows the initial test result to be false. The City agrees to pay for any costs incurred by If the employee for requested confirmation test confirms the first offense rehabilitation program which are not covered Part-Time Firefighters 2018 CBA_24JAN2018.docx 15 Part-Time Firefighters CBA 1/1/2018 - 12/31/2020 by the employee’s primary employer’s insurance coverage, including co-pays and insurance deductibles. In no case will the City pay for treatment beyond the first offense. 7. Each person who tests initial positive for illicit drug or improper alcohol use shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the first offense rehabilitation program without fear of disciplinary actions against him, at the same benefit level as described above. This program is designated to provide care and treatment for employees who are in need of rehabilitation. Details concerning treatment any employee receives, shall remain confidential and shall not be released to the public, but shall be released to the Department of Administration. 8. When completion of such program and a retest demonstrates that the employee is no longer illegally using a controlled substance or alcoholresult, the employee shall pay all costs related to the confirmation test. The District shall reimburse any lost wages resulting from a false positive test result. If the employee is required to be returned to his position. Such employee may be subject to frequent re-testing upon his return to his position for a period tested outside of his/her workday, the District shall provide one (1) year from hour's pay in accordance with the date of his returnnegotiated contract. Any employee Mileage at the District reimbursement rate shall be provided one way to the testing center in the above mentioned rehabilitation or detoxification programs will event the employee does not lose any seniority or benefits should it be necessary that he be required return to take a medical leave of absence without pay for a period not to exceed ninety (90) dayswork following the test. 9. Once treatment and follow-up care are completed, at the end of two years thereafter, if no additional incident occurs, the records of treatment and positive test results shall be retired to a closed medical record. 10. All tests must be performed by laboratories certified under the Department of Health and Human Services (DHHS) “Mandatory Guidelines for Federal Workplace Drug Testing Programs” 53 FR 11970, April 11, 1988, and subsequent amendments thereto (previously termed “NIDA-Certified”). The standards include procedures for chain of custody, security, storage, processing, testing and reporting. A list of laboratories currently certified under these regulations can be obtained, with notice, form the Human Resources Department. 11. For the purpose of implementing the provision of this article, each bargaining unit member shall execute medical releases in order for the City to obtain the results of the physical examinations/drug-screen testing provided for in this article. Except as otherwise provided by State or Federal Law with regard to communicable diseases, or with the permission of the employee, the releases referred to in this section shall authorize only the release of examination results and progress reports pertaining to the drug-screening test results. No other medical finding may be released without the express written permission of the employee. 16 Part-Time Firefighters 2018 CBA_24JAN2018.docx Part-Time Firefighters CBA 1/1/2018 - 12/31/2020

Drug Testing. A. The City may not require ‌ 27.1 Whenever the Town, or any of its managerial or supervisory employees, has a reasonable suspicion that an employee to submit to medical testing and psychological testingin the bargaining unit represented by the FOP has reported for duty under the influence of alcohol or illegal drugs, except as provided been involved in this Article. The City may require an employee to submit to drug on-duty accident or alcohol testing for preassigned off-employment testing; in circumstances duty job incident where there is a reasonable suspicion that the employee has used controlled substances or alcohol is suspected, or has used alcohol or illegal drugs while on duty, or has used illegal drugs off duty, the Town may require the employee to furnish a urine, hair or blood specimen, for chemical analysis to determine the presence of illegal drugs or determine the presence of alcohol. 27.2 Reasonable suspicion testing shall be limited to circumstances where two (2) Police Department supervisory or Police Department managerial employees have reasonable grounds to suspect that the employee has recently used or is under the influence of such substances, suffers from substance abuse, alcohol on duty or is in violation of the City’s personnel policies and procedures regarding the use of such substances; and by random selection. Except as otherwise provided by applicable lawillegal drugs on or off duty. 1. Any testing 27.3 The Chief of Police or his/her designee shall be conducted solely approve any mandatory test for administrative purposes and the results obtained shall not be used in criminal proceedings. Under no circumstances may the results presence of drug screening alcohol or testing be released illegal drugs pursuant to this paragraph. 27.4 An employee required to submit to a third party mandatory test for the use in a criminal prosecution against the affected employee. 2. An employee refusing to undergo the required testing shall be subject to disciplinary action up to and including discharge. Upon request, an employee presence of alcohol or illegal drugs shall be entitled to have a FOP or other employee representative present when the blood is drawn or when the urine specimen is obtained. However, under no circumstances will the taking of blood or taking of a urine specimen be delayed for more than one (1) hour to allow for the presence of a FOP or other employee representative. The collection will be conducted with as much privacy as possible to maintain assurance of a reliable chain of evidence. If the laboratory is closed, the sample may be drawn at a hospital. The employee shall view the sealing and packaging of the sample and initial the same. 27.5 In addition to the "reasonable suspicion" testing provided for above, the Town may institute a program of random drug testing utilizing a computer-based program that will randomly select employees from the bargaining unit with no greater frequency than on a monthly basis. No employee shall be randomly tested in excess of three (3) times in any calendar year. The Town shall notify the supervisor of each employee selected for random testing. The supervisor shall be responsible for ensuring that the employee is immediately taken to the testing site. 27.6 The parties agree to be bound by the Drug-Free Workplace Act as set forth in Chapter 440 and Chapter 112 of the Florida Statutes, and the Drug-Free Workplace Standards promulgated by the Agency for Health Care Administration. 27.7 All tests for the presence of illegal drugs shall be conducted using recognized technologies. In the event an employee's initial test results are positive (i.e., indicate the presence of an Association Representative before testing is administered. 3. Random drug and alcohol testing illegal drug), a second test will be conducted utilizing a different procedure, the Gas Chromatography/mass Spectrometry (G.C.M.S.) except that alcohol will be confirmed using Gas Chromatography testing method. A certified Medical Review Officer (MRO) who will be a medical professional chosen by submitting the Town will review all bargaining unit members’ names to a random selection systemnegative and confirmed positive laboratory results. The random selection system provides MRO for the Town will be designated by Mt. Sinai Medical Center Occupational Health Department or an equal chance alternate as may be determined by the Town. Confirmed positive results will only be communicated to the Town’s Human Resources Director after the MRO has ascertained that personal prescriptions or other legal substances do not account for each the laboratory findings. Investigations may include, as appropriate, telephone contact with the employee and any prescribing physician. Employees may consult the Town appointed MRO concerning drugs and/or drug groups that may be tested for under this procedure. Employees may contact the Town’s MRO to ask questions concerning prescribed medications they are taking for clarification purposes involving fitness for duty assessments. The standards to be selected each time random selection occursused for employee drug testing are as established by Florida Administrative Code Rules 59A- 24 and 11B-27. Random selections will be reasonably spread throughout the year. Random selection, by its very nature, may result in an An employee being selected in successive selections or more than once a calendar year. Alternatively, some employees may not be selected in a calendar year. 4. Any alternate testing undertaken by employees within three (3) days of a positive test will be considered to test positive for any disciplinary purposes. 5alcohol at the level equal to or exceeding 0.04g%. Any positive test shall Other drugs and substances listed in Schedule I through V the Controlled Substance Act, 21 U.S.C. 812 may be confirmed by quantitative analysis tested for the classes of drugs screened positive on the initial test. All confirmatory tests shall use the gas chromatography/mass spectrophotometer (GC/MS) method of detection. 6. Any positive test, which has been confirmed, shall result in discipline behalf of the employee. Any discipline, which shall result from a positive test, shall be processed through the disciplinary procedure in this contract and shall include a first offense rehabilitation program. The City agrees to pay for any costs incurred by the employee for the first offense rehabilitation program which are not covered Part-Time Firefighters 2018 CBA_24JAN2018.docx 15 Part-Time Firefighters CBA 1/1/2018 - 12/31/2020 by the employee’s primary employer’s insurance coverage, including co-pays and insurance deductiblesTown. In no case any event, they will be tested at levels according to generally accepted toxicology standards. Copies of the City pay for treatment beyond the first offense. 7. Each person who tests positive for illicit drug or improper alcohol use shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the first offense rehabilitation program without fear of disciplinary actions against him, at the same benefit level as described above. This program is designated to provide care and treatment for employees who are in need of rehabilitation. Details concerning treatment any employee receives, shall remain confidential and shall not be released to the public, but shall be released to the Department of Administration. 8. When completion of such program and a retest demonstrates that the employee is no longer illegally using a controlled substance or alcohol, the employee shall be returned to his position. Such employee may be subject to frequent re-testing upon his return to his position for a period of one (1) year from the date of his return. Any employee in the above mentioned rehabilitation or detoxification programs 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. 9. Once treatment and follow-up care are completed, at the end of two years thereafter, if no additional incident occurs, the records of treatment and positive test results shall be retired made available to a closed medical record. 10. All tests must be performed by laboratories certified under the Department of Health and Human Services (DHHS) “Mandatory Guidelines for Federal Workplace Drug Testing Programs” 53 FR 11970, April 11, 1988, and subsequent amendments thereto (previously termed “NIDA-Certified”). The standards include procedures for chain of custody, security, storage, processing, testing and reporting. A list of laboratories currently certified under these regulations can be obtained, with notice, form the Human Resources Department. 11. For the purpose of implementing the provision of this article, each bargaining unit member shall execute medical releases in order for the City to obtain the results of the physical examinations/drug-screen testing provided for in this article. Except as otherwise provided by State or Federal Law with regard to communicable diseases, or with the permission of the employee, upon the releases referred to in this section shall authorize only employee's request, at the release of examination results and progress reports pertaining to Town Police Station within twelve (12) hours after the drug-screening Town has received the test results. No other medical finding may Additionally, if the employee so requests, within twelve (12) hours after the test results have been made available, he/she shall be released without the express written permission given a sample of the employeespecimen tested. 27.8 It is understood and agreed that the employees in the bargaining unit represented by the FOP are prohibited from using illegal drugs on or off duty. 16 Part"Illegal drugs" means any controlled substance as defined in the Drug-Time Firefighters 2018 CBA_24JAN2018.docx Part-Time Firefighters CBA 1/1/2018 - 12/31/2020Free Workplace Standards Act and, not used in accordance with a lawful prescription.

Drug Testing. A. The City may not require an employee to submit to medical testing and psychological testing, except as provided in this Article. 52.01 The City may require an employee to submit to drug or alcohol testing for pre-employment testing; in circumstances where there is a reasonable suspicion that the employee is under the influence of such substances, suffers from substance abuse, or is in violation of the City’s personnel policies and procedures regarding the use of such substances; and by random selection. Except as otherwise provided by applicable law.: 1. A. Any testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings. Under no circumstances may The City will not release the results of drug screening or testing be released to a third party for the use in a criminal prosecution against the affected employee. 2. B. An employee refusing to undergo the required testing shall be subject to disciplinary action up to and including discharge. Upon request, an employee shall be entitled to the presence of an Association a Union Representative before testing is administered. 3. C. Random drug and alcohol testing will be conducted by submitting all bargaining unit members’ names to a random selection system. The random selection system provides an equal chance for each employee to be selected each time random FOP_Sgt-Lt_2022 CBA_03DEC2021.docx 45 FOP Sgt-Lt CBA 1/1/2022 - 12/31/2024 selection occurs. Random selections will be reasonably spread throughout the year. Random selection, by its very nature, may result in an employee being selected in successive selections or more than once a calendar year. Alternatively, some employees may not be selected in a calendar certain year. 4. D. Any alternate testing undertaken by employees within three (3) days of a positive test will be considered for any disciplinary purposes. 5. E. Any positive test shall be confirmed by quantitative analysis for the classes of drugs screened positive on the initial test. All confirmatory tests shall use the gas chromatography/mass spectrophotometer (GC/MS) method of detection. 6. F. Any positive test, which has been confirmed, shall result in discipline of the employee. Any discipline, which shall result from a positive test, discipline shall be processed through the disciplinary procedure in this contract and shall include a first offense rehabilitation program. The City agrees to pay for any costs incurred by the employee for the first offense rehabilitation program which are not covered Part-Time Firefighters 2018 CBA_24JAN2018.docx 15 Part-Time Firefighters CBA 1/1/2018 - 12/31/2020 by the employee’s primary employer’s insurance coverage, including co-pays and insurance deductibles. In no case will the City pay for treatment beyond the first offenseoffense rehabilitation program. 7. G. Each person who tests positive for illicit drug or improper alcohol use shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the first offense rehabilitation program without fear of disciplinary actions against him, at the same benefit level as described above. This program is designated to provide care and treatment for employees who are in need of rehabilitation. Details concerning treatment any employee receives, shall remain confidential and shall not be released to the public, but shall be released to the Department of Administration. 8. H. When completion of such program and a retest demonstrates that the employee is no longer illegally using a controlled substance drugs or alcohol, the employee shall be returned to his or her position. Such employee may be subject to frequent re-testing upon his return to his position for a period of one (1) year from the date of his return. Any employee in the above mentioned rehabilitation or detoxification programs 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. 9. I. Once treatment and follow-up care are the program is completed, at the end of two years thereafter, if no additional incident positive test occurs, the records of treatment the program and positive test results shall be retired to a closed medical record. 10. J. All tests must be performed by laboratories certified under the Department of Health and Human Services (DHHS) “Mandatory Guidelines for Federal Workplace Drug Testing Programs” 53 FR 11970, April 11, 1988, and subsequent amendments thereto (previously termed “NIDA-Certified”). The standards include procedures for chain of custody, security, storage, processing, testing and reporting. A list of laboratories currently certified under these regulations can be obtained, with notice, form the Human Resources Department. 11. For the purpose of implementing the provision of this article, each bargaining unit member shall execute medical releases in order for the City to obtain the results of the physical examinations/drug-screen testing provided for in this article. Except as otherwise provided by State or Federal Law with regard to communicable diseases, or with the permission of the employee, the releases referred to in this section shall authorize only the release of examination results and progress reports pertaining to the drug-screening test results. No other medical finding may be released without the express written permission of the employee. 16 Part-Time Firefighters 2018 CBA_24JAN2018.docx Part-Time Firefighters CBA 1/1/2018 - 12/31/2020and

Drug Testing. A. Section 1. The City Employer and the Union recognize an employee’s substance abuse may not have an adverse impact on the Employer, the employer operations, the image of the employees and the general health, welfare, and safety of the employees and the general public at large. The Employer and the Union also recognize that the Employer is obligated by its receipt of federal funds to take steps to assure a drug and alcohol free workplace. Therefore, the parties agree that the Employer shall have the right and authority to require an employee statutorily covered employees to submit to medical toxicology and alcohol testing and psychological testingdesigned to detect the presence of any controlled substance, except as provided in this Articlealcohol, or narcotic drug. The City may require Employer agrees that requiring an employee Employee to submit to drug or alcohol testing for pre-employment testing; in of this nature shall be limited to circumstances where there is the Employee’s immediate supervisor has a reasonable suspicion belief that the employee Employee is under the influence of such substances, suffers from substance abuse, has been involved in a motor vehicle accident or an accident that results in personal injury that involves treatment by a healthcare professional at a healthcare facility, or is in violation of the City’s personnel policies Employer’s Section 2. It is understood and procedures regarding agreed that the tests conducted under this Article shall be administered in a purely employment context only as part of the Employer's legitimate inquiry into the use of such substances; and any controlled, substances or narcotic drug by random selection. Except as otherwise provided by applicable lawits employees. 1Section 3. Any All testing shall be analyzed in a federally certified Laboratory using recognized technologies. In the event an employee's test results are positive, a second test, different from the first, shall be conducted solely for administrative purposes and to verify the results. If the employee so requests, he/she shall be given a copy of the test results obtained shall not be used in criminal proceedingsafter the Employer has received same. Section 4. Under no circumstances may the The results of drug screening or testing be released to such tests may serve as a third party basis for the use in a criminal prosecution against the affected employee. 2. An employee refusing to undergo the required testing shall be subject to disciplinary action up to and including dischargedismissal. Upon requestHowever, it is understood that the purpose of this program is corrective rather than punitive in nature and that any discipline arising thereunder will be considered in light of this objective. Section 5. The parties agree that the refusal of an employee shall be entitled to submit to toxicology testing in accordance with the provisions of this Article, may constitute just cause for disciplinary action being taken against the employee up to and including dismissal in accord with the provisions of the Disciplinary Article of this Agreement. Section 6. The parties agree that testing for the presence of an Association Representative before testing is administeredcontrolled substances and/or narcotic drugs shall be done through analysis of urine or saliva, but shall not include collection and analysis of the Employee's blood. 3Section 7. Random drug and alcohol testing will be conducted by submitting all bargaining unit members’ names to a random selection system. The random selection system provides A Union representative may accompany an equal chance for each employee to be selected each time random selection occurs. Random selections will be reasonably spread throughout the year. Random selection, by its very nature, may result in an employee being selected in successive selections or more than once a calendar year. Alternatively, some employees testing site but may not be selected in a calendar yearpresent during sample collection. 4Section 8. Any alternate The Employee shall, upon request made prior to the time a sample is taken pursuant to this Article, have the right to have an additional sample taken and sent to a federally certified Medical Laboratory of the Union's choice for testing undertaken by employees within three (3) days of a positive test will be considered for any disciplinary purposesat the Union's expense. 5. Any positive test shall be confirmed by quantitative analysis for the classes of drugs screened positive on the initial testSection 9. All confirmatory tests laboratory results shall use the gas chromatography/mass spectrophotometer (GC/MS) method of detection. 6. Any positive test, which has been confirmed, shall result in discipline of the employee. Any discipline, which shall result from a positive test, shall be processed through the disciplinary procedure in this contract and shall include a first offense rehabilitation program. The City agrees to pay for any costs incurred by the employee for the first offense rehabilitation program which are not covered Part-Time Firefighters 2018 CBA_24JAN2018.docx 15 Part-Time Firefighters CBA 1/1/2018 - 12/31/2020 by the employee’s primary employer’s insurance coverage, including co-pays and insurance deductibles. In no case will the City pay for treatment beyond the first offense. 7. Each person who tests positive for illicit drug or improper alcohol use shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the first offense rehabilitation program without fear of disciplinary actions against him, at the same benefit level as described above. This program is designated to provide care and treatment for employees who are in need of rehabilitation. Details concerning treatment any employee receives, shall remain confidential and shall not be released to the public, but shall be released to the Department of Administration. 8. When completion of such program and a retest demonstrates that the employee is no longer illegally using a controlled substance or alcohol, the employee shall be returned to his position. Such employee may be subject to frequent re-testing upon his return to his position for a period of one (1) year from the date of his return. Any employee in the above mentioned rehabilitation or detoxification programs will not lose any seniority or benefits should it be necessary that he be required to take be interpreted by a medical leave of absence without pay for a period not to exceed ninety (90) daysMedical Review Officer. 9. Once treatment and follow-up care are completed, at the end of two years thereafter, if no additional incident occurs, the records of treatment and positive test results shall be retired to a closed medical record. 10. All tests must be performed by laboratories certified under the Department of Health and Human Services (DHHS) “Mandatory Guidelines for Federal Workplace Drug Testing Programs” 53 FR 11970, April 11, 1988, and subsequent amendments thereto (previously termed “NIDA-Certified”). The standards include procedures for chain of custody, security, storage, processing, testing and reporting. A list of laboratories currently certified under these regulations can be obtained, with notice, form the Human Resources Department. 11. For the purpose of implementing the provision of this article, each bargaining unit member shall execute medical releases in order for the City to obtain the results of the physical examinations/drug-screen testing provided for in this article. Except as otherwise provided by State or Federal Law with regard to communicable diseases, or with the permission of the employee, the releases referred to in this section shall authorize only the release of examination results and progress reports pertaining to the drug-screening test results. No other medical finding may be released without the express written permission of the employee. 16 Part-Time Firefighters 2018 CBA_24JAN2018.docx Part-Time Firefighters CBA 1/1/2018 - 12/31/2020

Drug Testing. A. Section 1. The City Employer and the OPBA recognize that an employee’s substance abuse may not have an adverse impact on the Employer, the employer operations, the image of the employees and the general health, welfare, and safety of the employees and the general public at large. The Employer and the Union also recognize that the Employer is obligated by its receipt of federal funds to take steps to assure a drug and alcohol free workplace. Therefore, the parties agree that the Employer shall have the right and authority to require an employee statutorily covered employees to submit to medical toxicology and alcohol testing and psychological testingdesigned to detect the presence of any controlled substance, except as provided in this Articlealcohol or narcotic drug. The City may require Employer agrees that requiring an employee Employee to submit to drug or alcohol testing for pre-employment testing; in of this nature shall be limited to circumstances where there is the Employee’s immediate supervisor has a reasonable suspicion belief that the employee Employee is under the influence of such substances, suffers from substance abuse, has been involved in a motor vehicle accident while the employee is driving, the employee is injured in the line of duty and seeks medical treatment or is in violation of the CityEmployer’s personnel policies Personnel Rules and procedures Regulations regarding the use of such substances or drugs. The City shall require Employees to submit to post motor vehicle accident / employee injury testing, provided that the decision to require Section 2. It is understood and agreed that the tests conducted under this Article shall be administered in a purely employment context only as part of the Employer’s legitimate inquiry into the use of any controlled substances; and , alcohol or narcotic drug by random selection. Except as otherwise provided by applicable lawits employees. 1Section 3. Any All testing shall be analyzed in a Medical Laboratory using recognized technologies. In the event an employee's test results are positive, a second test, different from the first, shall be conducted solely for administrative purposes and to verify the results. If the employee so requests, he/she shall be given a copy of the test results obtained shall not be used in criminal proceedingsafter the Employer has received same. Section 4. Under no circumstances may the The results of drug screening or testing be released to such tests may serve as a third party basis for the use in a criminal prosecution against the affected employee. 2. An employee refusing to undergo the required testing shall be subject to disciplinary action up to and including dischargedismissal. Upon requestHowever, it is understood that the purpose of this program is corrective rather than punitive in nature and that any discipline arising thereunder will be considered in light of this objective. Section 5. The parties agree that the refusal of an employee shall be entitled to submit to toxicology and/or alcohol testing in accordance with the provisions of this Article, may constitute just cause for disciplinary action being taken against the employee up to and including dismissal in accord with the provisions of the Disciplinary Article of this Agreement. Section 6. The parties agree that testing for the presence of an Association Representative before testing is administeredcontrolled substances, alcohol and/or narcotic drugs shall be done through analysis of the employee's breath, urine or saliva, but shall not include collection and analysis of blood. 3Section 7. Random drug and alcohol testing will be conducted by submitting all bargaining unit members’ names to a random selection system. The random selection system provides An OPBA representative may accompany an equal chance for each employee to be selected each time random selection occurs. Random selections will be reasonably spread throughout the year. Random selection, by its very nature, may result in an employee being selected in successive selections or more than once a calendar year. Alternatively, some employees testing site but may not be selected in a calendar yearpresent during sample collection. 4Section 8. Any alternate The employee shall, upon request made prior to the time a sample is taken pursuant to this Article, have the right to have an additional sample taken and sent to a Medical Laboratory of the Association's choice for testing undertaken by employees within three (3) days of a positive test will be considered for any disciplinary purposesat the Association's expense. 5. Any positive test shall be confirmed by quantitative analysis for the classes of drugs screened positive on the initial testSection 9. All confirmatory tests laboratory results shall use the gas chromatography/mass spectrophotometer (GC/MS) method of detection. 6. Any positive test, which has been confirmed, shall result in discipline of the employee. Any discipline, which shall result from a positive test, shall be processed through the disciplinary procedure in this contract and shall include a first offense rehabilitation program. The City agrees to pay for any costs incurred by the employee for the first offense rehabilitation program which are not covered Part-Time Firefighters 2018 CBA_24JAN2018.docx 15 Part-Time Firefighters CBA 1/1/2018 - 12/31/2020 by the employee’s primary employer’s insurance coverage, including co-pays and insurance deductibles. In no case will the City pay for treatment beyond the first offense. 7. Each person who tests positive for illicit drug or improper alcohol use shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the first offense rehabilitation program without fear of disciplinary actions against him, at the same benefit level as described above. This program is designated to provide care and treatment for employees who are in need of rehabilitation. Details concerning treatment any employee receives, shall remain confidential and shall not be released to the public, but shall be released to the Department of Administration. 8. When completion of such program and a retest demonstrates that the employee is no longer illegally using a controlled substance or alcohol, the employee shall be returned to his position. Such employee may be subject to frequent re-testing upon his return to his position for a period of one (1) year from the date of his return. Any employee in the above mentioned rehabilitation or detoxification programs will not lose any seniority or benefits should it be necessary that he be required to take be interpreted by a medical leave of absence without pay for a period not to exceed ninety (90) daysMedical Review Officer. 9. Once treatment and follow-up care are completed, at the end of two years thereafter, if no additional incident occurs, the records of treatment and positive test results shall be retired to a closed medical record. 10. All tests must be performed by laboratories certified under the Department of Health and Human Services (DHHS) “Mandatory Guidelines for Federal Workplace Drug Testing Programs” 53 FR 11970, April 11, 1988, and subsequent amendments thereto (previously termed “NIDA-Certified”). The standards include procedures for chain of custody, security, storage, processing, testing and reporting. A list of laboratories currently certified under these regulations can be obtained, with notice, form the Human Resources Department. 11. For the purpose of implementing the provision of this article, each bargaining unit member shall execute medical releases in order for the City to obtain the results of the physical examinations/drug-screen testing provided for in this article. Except as otherwise provided by State or Federal Law with regard to communicable diseases, or with the permission of the employee, the releases referred to in this section shall authorize only the release of examination results and progress reports pertaining to the drug-screening test results. No other medical finding may be released without the express written permission of the employee. 16 Part-Time Firefighters 2018 CBA_24JAN2018.docx Part-Time Firefighters CBA 1/1/2018 - 12/31/2020

Drug Testing. A. The City Section 1. Employees may not require be tested periodically during their probationary period with or without reasonable suspicion at such times as may be determined by the Chief of Police. Any employee who is absent from duty for more than sixty (60) continuous calendar days on sick leave, workers compensation, disciplinary suspension, or leave of absence, may be tested once within the first fourteen (14) calendar days after their return to active duty as determined by the Chief of Police. Any employee involved in an incident on the job which results in, or could reasonably have caused, life threatening, or serious bodily injury to the employee or another person may be tested. Section 2. Any employee may be tested after a determination by the Chief of Police or his designee that there is reasonable suspicion to test the employee. Reasonable suspicion is a belief based on objective facts sufficient to lead a reasonably prudent person to suspect that an employee to submit to medical testing and psychological testing, except as provided in this Article. The City may require an employee to submit to drug is using or alcohol testing for pre-employment testing; in circumstances where there is a reasonable suspicion that the employee is under the influence of such substances, suffers from substance abuseillegal drugs, or is in violation using or is under the influence of any drug so that the Cityemployee’s personnel policies and procedures regarding the use of such substances; and by random selectionability to perform their duties is impaired. Except as otherwise provided by applicable law. 1. Any testing Reasonable suspicion shall be conducted solely for administrative purposes based upon information of objective facts obtained by the Department and the results obtained shall not rational inferences which may be used in criminal proceedingsdrawn from those facts. Under no circumstances may The information, the degree of corroboration, the results of drug screening the investigation or inquiry and/or other factors shall be weighed in determining the presence or absence of reasonable suspicion. Employees that sign a consent form, and those that may be placed on a disciplinary probation status, may be tested at such times as may be determined by the Chief of Police. Section 3. Hair samples, urine samples, or blood samples, when requested by the Chief of Police will be taken from an employee or a prospective employee according to directions provided by the testing facility. The sample will either be released hand delivered to a third party the testing facility or it will be mailed via overnight courier service such as provided by Federal Express. The laboratory selected to conduct the analysis must be experienced and capable of quality control, documentation, chain of custody, technical expertise and demonstrated proficiency in radioimmunoassay testing. A certificate from such facility will be issued for the use in all discipline cases. (Only a criminal prosecution against the affected employee. 2. An employee refusing to undergo the required testing shall be subject to disciplinary action up to and including discharge. Upon request, an employee shall be entitled to the presence of an Association Representative before testing is administered. 3. Random drug and alcohol testing will be conducted by submitting all bargaining unit members’ names to a random selection system. The random selection system provides an equal chance for each employee to be selected each time random selection occurs. Random selections will be reasonably spread throughout the year. Random selection, by its very nature, may result in an employee being selected in successive selections or more than once a calendar year. Alternatively, some employees may not be selected in a calendar year. 4. Any alternate testing undertaken by employees within three (3) days of a positive test will be considered for any disciplinary purposes. 5. Any positive test shall be confirmed by quantitative analysis for the classes of drugs screened positive on the initial test. All confirmatory tests shall use the gas chromatography/mass spectrophotometer (GC/MS) method of detection. 6. Any positive test, laboratory which has been confirmed, shall result properly licensed or certified by the state in discipline of which it is located to perform such tests will be used.) The testing standards employed by the employee. Any discipline, which shall result from a positive test, laboratory shall be processed through in compliance with the disciplinary procedure in this contract Scientific and shall include a first offense rehabilitation program. The City agrees to pay Technical Guidelines for any costs incurred Drug Testing Programs, authored by the employee for the first offense rehabilitation program which are not covered Part-Time Firefighters 2018 CBA_24JAN2018.docx 15 Part-Time Firefighters CBA 1/1/2018 - 12/31/2020 by the employee’s primary employer’s insurance coverage, including co-pays and insurance deductibles. In no case will the City pay for treatment beyond the first offense. 7. Each person who tests positive for illicit drug or improper alcohol use shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the first offense rehabilitation program without fear of disciplinary actions against him, at the same benefit level as described above. This program is designated to provide care and treatment for employees who are in need of rehabilitation. Details concerning treatment any employee receives, shall remain confidential and shall not be released to the public, but shall be released to the Department of Administration. 8. When completion of such program and a retest demonstrates that the employee is no longer illegally using a controlled substance or alcohol, the employee shall be returned to his position. Such employee may be subject to frequent re-testing upon his return to his position for a period of one (1) year from the date of his return. Any employee in the above mentioned rehabilitation or detoxification programs 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. 9. Once treatment and follow-up care are completed, at the end of two years thereafter, if no additional incident occurs, the records of treatment and positive test results shall be retired to a closed medical record. 10. All tests must be performed by laboratories certified under the Federal Department of Health and Human Services (DHHS) “Mandatory Guidelines for Federal Workplace Drug Testing Programs” 53 FR 11970Services, April 11initially published on February 13, 19881987, and subsequent amendments thereto (previously termed “NIDA-Certified”)as updated. The standards testing laboratory will be chosen by the Chief of Police and the employee will be notified of the selection. The employee to be tested will be interviewed to establish the use of any drugs currently taken under medical supervision. Any employee taking drugs by prescription from a licensed physician as a part of treatment, which would otherwise constitute illegal drug use, must notify the tester in writing and include a letter from the treating physician. Any disclosure will be kept confidential with the tester. Section 4. Test results will be made available also to the employee upon request. Employees having negative drug test results shall receive a memorandum stating that no illegal drugs were found. If the employee requests it, a copy of the memorandum will be placed in the employee’s personnel file. The testing procedures and safeguards provided in this policy shall be adhered to by all personnel associated with the administering of drug tests. The employees will be accompanied by an officer from the department assigned to supervise the taking of the sample and responsible for proper conduct and uniform procedures of sampling process. The employee will be assigned a test code identification for the purpose of maintaining anonymity and to assure privacy throughout the sampling and testing procedure. The employee will sign and certify department documentation that the coded identification on the testing sample corresponds with the assigned test code identification. Section 5. The employee to be tested will be notified of the test requirement a reasonable time before testing and when blood or urine samples are to be taken, shall report to the station at the time designated for transportation to the medical facility or laboratory designated by the department to obtain the testing sample. Hair samples may be taken at the station. The Chief of Police will provide in writing to the testing facility a list of the specific drugs for which the sample is to be analyzed. The testing facility will report findings only as to those specific drugs which the Chief requested testing. The Chief of Police will determine which drugs the employee shall be tested for and he will provide a written copy of the drug list to the employee. The testing shall consist of an initial screening test, and if that is positive, a confirmation test. The confirmation test shall be by gas chromatography or mass spectrometry. Each step of the processing of the test sample shall be documented in a log to establish procedural integrity and the chain of custody. Where a positive result is confirmed, security, storage, processing, testing and reporting. A list of laboratories currently certified under these regulations can test samples shall be obtained, with notice, form the Human Resources Departmentmaintained in secured storage for as long as necessary. 11Section 6. For Prohibited conduct shall include: A. Illegal possession of any controlled substance. B. Illegal use of any controlled substance. C. Refusal to comply with the purpose of implementing the provision requirements of this article, each bargaining unit member shall execute medical releases in order for the City to obtain the results of the physical examinations/drug-screen testing provided for in this article. Except as otherwise provided by State or Federal Law with regard to communicable diseases, or with the permission of the employee, the releases referred to in this section shall authorize only the release of examination results and progress reports pertaining to the drug-screening test results. No other medical finding may be released without the express written permission of the employee. 16 Part-Time Firefighters 2018 CBA_24JAN2018.docx Part-Time Firefighters CBA 1/1/2018 - 12/31/2020drug policy.