Common use of Reasonable Cause Testing Clause in Contracts

Reasonable Cause Testing. The Company shall have reasonable cause for drug/alcohol testing if an employee is having work performance problems or displaying behavior described below (not all inclusive): • Abnormally dilated or constricted pupils • Glazed stare - redness of eyes • Flushed face • Changing or slurring of speech • Constant sniffing • Needle marks (Not applicable if a diabetic) • Change in behavior • Forgetfulness or poor concentration • Constant fatigue or hyperactivity • Smell of alcohol • Difficulty walking • Slowed reactions Except for smell of alcohol and needle marks, an employee must show two or more indications to establish probably cause. If a supervisor observes an employee engaging in such behavior affecting an employee’s job performance, the supervisor will advise the Human Resources Manager or designee and a union representative of the behavior. The Human Resources representative and the union representative will talk with and observe the employee to determine if the employee is likely to be under the influence of alcohol and/or drugs. If the human resources representation and the union representation determine that it is likely the employee is under the influence of alcohol or drugs, the employee will be required to submit to a breath-alcohol test and/or urine drug test. If the employee tests positive or refuses to be tested, he/she will be subject to discipline, up to and including, discharge. If the human resources representative concludes that it is likely the employee is under the influence of alcohol and drugs and the union representation disagrees, the employee will be given an opportunity to voluntarily submit to testing to exonerate him/herself. If the employee declines, the Company may take such disciplinary action it deems appropriate up to and including discharge, subject to the employee’s right to grieve the disciplinary action. If an employee requests assistance prior to any demand that the employee submit to post accident or probable cause drug/alcohol testing, the Human Resources Manager or Administrator will arrange for assessment by an appropriate substance abuse professional (SAP). If the SAP determines that treatment would be appropriate, the employee will be offered an opportunity to participate in a drug/alcohol rehabilitation program with or without a leave of absence as deemed appropriate by the Alcohol and Drug Awareness Committee.

Reasonable Cause Testing. The Company shall have Whenever the Employer has reasonable cause for drug/alcohol testing if to believe that the actions, appearance or conduct of an employee is having work performance problems or displaying behavior described below (not all inclusive): • Abnormally dilated or constricted pupils • Glazed stare - redness of eyes • Flushed face • Changing or slurring of speech • Constant sniffing • Needle marks (Not applicable if a diabetic) • Change in behavior • Forgetfulness or poor concentration • Constant fatigue or hyperactivity • Smell of alcohol • Difficulty walking • Slowed reactions Except for smell of alcohol and needle marks, an employee must show two or more indications to establish probably cause. If a supervisor observes an employee engaging in such behavior affecting an employee’s job performance, the supervisor will advise the Human Resources Manager or designee and a union representative while on duty are indicative of the behavior. The Human Resources representative and the union representative will talk with and observe the employee to determine if the employee is likely to be under the influence of alcohol and/or drugs. If the human resources representation and the union representation determine that it is likely the employee is under the influence misuse of alcohol or drugsthe use of a controlled substance, the employee will be required to submit to a breath-undergo an alcohol test and/or urine drug test, and will be taken out of service pending results of such test. The conduct of the employee must be witnessed by at least two supervisors, if at all feasible. If only one supervisor is available, only one supervisor need witness the conduct. The witnesses must have received training in the detection of probable drug use and alcohol misuse by observing a person's behavior. Any witness in such a case will be required to complete a Supervisor's Report of Conduct, which Report shall be prepared and signed by the witness within twenty-four (24) hours of the observed behavior or before the results of the drug test are released, whichever is earlier. In the case of drug tests, the Report will be forwarded to the Medical Review Officer for review and consideration along with any positive test results. In any reasonable cause circumstance, an Employer representative will transport the individual to an appropriate collection/testing facility and await the completion of the collection/testing procedure. The Employer representative will then transport the employee tests positive or refuses back to the Employer's premises. Where reasonable cause drug testing is to be tested, he/she will be subject to discipline, up to and including, discharge. If the human resources representative concludes that it is likely the employee is under the influence of alcohol and drugs and the union representation disagreesconducted, the employee will be required to provide a urine specimen for laboratory testing. If requested, the employee will sign a consent form authorizing the clinic to collect a specimen of urine and release the results of the urine laboratory testing to his/her Employer's Medical Review Officer (MRO), in the case of D.O.T. covered employees, but shall not be required to waive any claim or cause of action under the law. An employee may raise an affirmative defense that the positive test result was attributable to the proper use of a prescription medication. If the employee raises such a defense to the Employer, at the employee's request, the Employer shall refer the employee to a qualified physician to discuss the employee's explanation for the positive test result. The qualified physician may decide that there is a legitimate explanation and declare the test to be negative. The employee may be required to provide evidence that a prescription has been lawfully prescribed by a physician. A refusal to provide a specimen will constitute a presumption of intoxication and/or the use of a controlled substance, and the employee will be subject to discharge without the receipt of a prior warning letter. Immediately after the specimen is provided, the individual collection bottles shall, in the presence of the employee, be sealed, labeled and then initialed by the employee. The employee has an obligation to identify each bottle and initial same. The specimens shall be placed in the transportation container after being drawn. The container shall be sealed in the employee's presence and the employee given an opportunity to voluntarily submit to testing to exonerate himinitial the container and witness his/herselfher social security number placed on the container. If the employee declines, the Company may take such disciplinary action it deems appropriate up to and including discharge, subject The container shall be sent to the employee’s right to grieve designated testing laboratory on that day or the disciplinary actionsoonest normal business day by air courier or other fastest available method. If an employee requests assistance prior to any demand that Urine Sample Kit (Reasonable Cause Kit) The contents of the employee submit to post accident or probable cause drug/alcohol testing, the Human Resources Manager or Administrator will arrange for assessment by an appropriate substance abuse professional (SAP). If the SAP determines that treatment would urine sample kit shall be appropriate, the employee will be offered an opportunity to participate in a drug/alcohol rehabilitation program with or without a leave of absence as deemed appropriate by the Alcohol and Drug Awareness Committee.follows:

Reasonable Cause Testing. The Company shall have Whenever the Employer has reasonable cause for drug/alcohol testing if to believe that the actions, appearance or conduct of an employee is having work performance problems or displaying behavior described below (not all inclusive): • Abnormally dilated or constricted pupils • Glazed stare - redness of eyes • Flushed face • Changing or slurring of speech • Constant sniffing • Needle marks (Not applicable if a diabetic) • Change in behavior • Forgetfulness or poor concentration • Constant fatigue or hyperactivity • Smell of alcohol • Difficulty walking • Slowed reactions Except for smell of alcohol and needle marks, an employee must show two or more indications to establish probably cause. If a supervisor observes an employee engaging in such behavior affecting an employee’s job performance, the supervisor will advise the Human Resources Manager or designee and a union representative while on duty are indicative of the behavior. The Human Resources representative and the union representative will talk with and observe the employee to determine if the employee is likely to be under the influence of alcohol and/or drugs. If the human resources representation and the union representation determine that it is likely the employee is under the influence misuse of alcohol or drugsthe use of a controlled substance, the employee will be required to submit to a breath-undergo an alcohol test and/or urine drug test, and will be taken out of service pending results of such test. The conduct of the employee must be witnessed by at least two supervisors, if at all feasible. If only one supervisor is available, only one supervisor need witness the conduct. The witnesses must have received training in the detection of probable drug use and alcohol misuse by observing a person’s behavior. Any witness in such a case will be required to complete a Supervisor’s Report of Conduct, which Report shall be prepared and signed by the witness within twenty-four (24) hours of the observed behavior or before the results of the drug test are released, whichever is earlier. In the case of drug tests, the Report will be forwarded to the Medical Review Officer for review and consideration along with any positive test results. In any reasonable cause circumstance, an Employer representative will transport the individual to an appropriate collection/testing facility and await the completion of the collection/testing procedure. The Employer representative will then transport the employee tests positive or refuses back to the Employer’s premises. Where reasonable cause drug testing is to be tested, he/she will be subject to discipline, up to and including, discharge. If the human resources representative concludes that it is likely the employee is under the influence of alcohol and drugs and the union representation disagreesconducted, the employee will be required to provide a urine specimen for laboratory testing. If requested, the employee will sign a consent form authorizing the clinic to collect a specimen of urine and release the results of the urine laboratory testing to his/her Employer’s Medical Review Officer (MRO), in the case of D.O.T. covered employees, but shall not be required to waive any claim or cause of action under the law. An employee may raise an affirmative defense that the positive test result was attributable to the proper use of a prescription medication. If the employee raises such a defense to the Employer, at the employee’s request, the Employer shall refer the employee to a qualified physician to discuss the employee’s explanation for the positive test result. The qualified physician may decide that there is a legitimate explanation and declare the test to be negative. The employee may be required to provide evidence that a prescription has been lawfully prescribed by a physician. A refusal to provide a specimen will constitute a presumption of intoxication and/or the use of a controlled substance, and the employee will be subject to discharge without the receipt of a prior warning letter. Immediately after the specimen is provided, the individual collection bottles shall, in the presence of the employee, be sealed, labeled and then initialed by the employee. The employee has an obligation to identify each bottle and initial same. The specimens shall be placed in the transportation container after being drawn. The container shall be sealed in the employee’s presence and the employee given an opportunity to voluntarily submit to testing to exonerate himinitial the container and witness his/herselfher social security number placed on the container. If the employee declines, the Company may take such disciplinary action it deems appropriate up to and including discharge, subject The container shall be sent to the employee’s right to grieve designated testing laboratory on that day or the disciplinary actionsoonest normal business day by air courier or other fastest available method. If an employee requests assistance prior to any demand that Urine Sample Kit (Reasonable Cause Kit) The contents of the employee submit to post accident or probable cause drug/alcohol testing, the Human Resources Manager or Administrator will arrange for assessment by an appropriate substance abuse professional (SAP). If the SAP determines that treatment would urine sample kit shall be appropriate, the employee will be offered an opportunity to participate in a drug/alcohol rehabilitation program with or without a leave of absence as deemed appropriate by the Alcohol and Drug Awareness Committee.follows: