Common use of Employee Testing Clause in Contracts

Employee Testing. a. An employee may be directed to participate in a test to determine the presence of alcohol or controlled substance in the event there are reasonable grounds based upon an observation and/or objective criteria by at least two department supervisors--or if two within the department are not reasonably available, by one department supervisor and one other supervisor from the police department if the employee is a firefighter or one department supervisor and one other supervisor from the fire department if the employee is a police officer--that the employee may be unfit for duty as a result of the use of alcohol or a controlled substance. b. An order to take a test shall be in writing and accompanied by a copy of this Section. The written order shall state the employee is believed to be under the influence of a controlled substance or alcohol, state the grounds for such belief, specify the date and the time and be signed by two department supervisors or by one department supervisor and witnessed by one other supervisor from the police department if the employee is a firefighter or from the fire department if the employee is a police officer. A "hunch" or other such subjective opinion cannot be considered "reasonable." The Village will not use random testing. Reasonable grounds may also arise (but are not limited to) as a result of the following: 1. Bragging or frequent discussions about drinking or other substance abuse, especially when coupled with other indicators such as a sloppy and unprofessional appearance, and unusual irritability. 2. The aroma (on breath or person) of alcoholic beverage, marijuana or other controlled substance. 3. Accidents resulting in property loss or an injury to the employee or others. Testing shall not be ordered where the on-duty Command Officer reasonably determines the accident is not the employee's fault or not related to drug or alcohol use. 4. Uncoordinated physical actions inconsistent with previously observed skill levels. Examples would include unsteady gait, diminished hand/eye coordination, balance problems, inability to articulate verbally, tone and volume of speech, etc. c. An employee who is ordered to be tested pursuant to the provisions of subparagraphs a. and b. and who without proper justification refuses such order shall be subject to discipline. d. 1 An employee may grieve the order to be tested, any discipline invoked for refusal to be tested and or the results of any testing or subsequent Employer action relating thereto in the same manner as the employee may grieve or appeal from any other Employer action.

Employee Testing. a. a) An employee may be directed to participate in a test to determine the presence of alcohol or controlled substance in the event there are reasonable grounds based upon an observation and/or objective criteria by at least two department supervisors--supervisors - or if two within the department are not reasonably available, by one department supervisor and one other supervisor from the police another department if the employee is a firefighter or one department supervisor and one other supervisor from the fire department if the employee is a police officer--- that the employee may be unfit for duty as a result of the use of alcohol or a controlled substance. b. b) An order to take a test shall be in writing and accompanied by a copy of this Section. The written order shall state the employee is believed to be under the influence of a controlled substance or alcohol, state the grounds for such belief, specify the date and the time and be signed by two department supervisors or by one department supervisor and witnessed by one other supervisor from the police department if the employee is a firefighter or from the fire department if the employee is a police officersupervisor. A "hunch" or other such subjective opinion cannot be considered "reasonable." The Village VILLAGE will not use random testingtesting for those employees not required to have a commercial driver's license (CDL). Reasonable grounds may also arise (but are not limited to) as a result of the following: 1. i) Contact from spouse or family members alleging an abuse situation and seeking VILLAGE assistance. ii) Bragging or frequent discussions about drinking or other substance abuse, especially when coupled with other indicators such as a sloppy and unprofessional appearance, and unusual irritability. 2. iii) The aroma (on the breath or person) of alcoholic beverage, marijuana or other controlled substance. 3. Accidents iv) Accident frequency where an employee is involved in either a substantial number of small accidents or any accident resulting in property loss in excess of $1,000 or an injury to the employee or others. Testing shall not be ordered where the on-duty Command Officer supervisor reasonably determines the an accident is not the employee's fault or the supervisor determines the event was not related to drug or alcohol useabuse. 4. v) Uncoordinated physical actions inconsistent with previously observed skill levels. Examples would include unsteady gait, diminished hand/eye coordination, balance problems, inability to articulate verbally, tone and volume of speech, etc. c. c) An employee who is ordered to be tested pursuant to the provisions of subparagraphs a. Paragraphs 2(a) and b. 2(b) and who without proper justification refuses such order shall be subject to disciplinediscipline up to and including termination. d. 1 An employee may grieve the order to be tested, any discipline invoked for refusal to be tested and or the results of any testing or subsequent Employer action relating thereto in the same manner as the employee may grieve or appeal from any other Employer action.

Employee Testing. a. a) An employee may be directed to participate in a test to determine the presence of alcohol or controlled substance in the event there are reasonable grounds based upon an observation and/or objective criteria by at least two department supervisors--supervisors - or if two within the department are not reasonably available, by one department supervisor and one other supervisor from the police another department if the employee is a firefighter or one department supervisor and one other supervisor from the fire department if the employee is a police officer--- that the employee may be unfit for duty as a result of the use of alcohol or a controlled substance. b. b) An order to take a test shall be in writing and accompanied by a copy of this Section. The written order shall state the employee is believed to be under the influence of a controlled substance or alcohol, state the grounds for such belief, specify the date and the time and be signed by two department supervisors or by one department supervisor and witnessed by one other supervisor from the police department if the employee is a firefighter or from the fire department if the employee is a police officersupervisor. A "hunch" or other such subjective opinion cannot be considered "reasonable." The Village VILLAGE will not use random testingtesting for those employees not required to have a commercial driver's license (CDL). Reasonable grounds may also arise (but are not limited to) as a result of the following: 1. i) Contact from spouse or family members alleging an abuse situation and seeking VILLAGE assistance. ii) Bragging or frequent discussions about drinking or other substance abuse, especially when coupled with other indicators such as a sloppy and unprofessional appearance, and unusual irritability. 2. iii) The aroma (on the breath or person) of alcoholic beverage, marijuana or other controlled substance. 3. Accidents iv) Accident frequency where an employee is involved in either a substantial number of small accidents or any accident resulting in property loss in excess of $1,000 or an injury to the employee or others. Testing shall not be ordered where the on-duty Command Officer supervisor reasonably determines the an accident is not the employee's fault or the supervisor determines the event was not related to drug or alcohol useabuse. 4. v) Uncoordinated physical actions inconsistent with previously observed skill levels. Examples would include unsteady gait, diminished hand/eye coordination, balance problems, inability to articulate verbally, tone and volume of speech, etc. c. c) An employee who is ordered to be tested pursuant to the provisions of subparagraphs a. Paragraphs 2(a) and b. 2(b) and who without proper justification refuses such order shall be subject to discipline. d. 1 An employee may grieve the order to be tested, any discipline invoked for refusal to be tested and or the results of any testing or subsequent Employer action relating thereto in the same manner as the employee may grieve or appeal from any other Employer action.