Reasonable Suspicion. “Reasonable suspicion” or “reasonable cause” is a belief based upon facts gathered from the totality of the circumstances that would cause a reasonable manager to suspect impaired performance or reduced job safety by an employee on the job. Reasonable suspicion is not to be based upon unconfirmed rumors, but shall be based upon individual observation by an individual of managerial rank trained by the District to recognize the symptoms of substance abuse. The Manager is required to take into account other possible explanations for observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious fumes or smoke. The facts supporting the reasonable suspicion shall be documented and recorded in a manner provided in Attachment I. In determining if reasonable suspicion exists, the manager shall consider factors such as, but not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior of the employee. The involvement of an employee in an accident or on-the-job injury shall not, standing alone, constitute the reasonable suspicion required by this Policy. The subject employee shall, where possible, be interviewed prior to a reasonable suspicion determination being made. The employee shall have the right to Teamsters, Local 1932 representation during such interview unless acquiring such representation would delay the interview and possible test for an unreasonable period of time. An unreasonable delay is one which may impact the validity of any test results. The suspected employee shall have the right to Teamsters, Local 1932 representation during such interview, if requested, and the employee shall be advised of that right by the Fire Chief or designee prior to any such interview. The employee and, if applicable, the Teamsters, Local 1932 representation shall upon request be given copies of all available documentation of reasonable suspicion and have reasonable time to review these documents before the interview commences. During the interview, the Fire Chief or designee shall give the employee the opportunity to explain his or her condition, and the Fire Chief or designee shall keep a record of the interview. A non-inclusive description of behavior that may constitute evidence of reasonable suspicion is as follows: Slurred speech; Physical altercation; Verbal altercation; On-duty possession of alcohol or drugs; Information obtained from a reliable person with personal knowledge as to an employee’s drug or alcohol use or possession; Disorientation or job impairment (inability to perform employee’s job in a routine manner); Any bargaining unit member arrested and/or convicted for driving any type of vehicle under the influence of alcohol or drugs; Any bargaining unit member arrested and/or convicted of an alcohol or drug-related criminal charge; Odor of alcohol on breath; Unsteady gait or balance Glassy eyes;
Appears in 3 contracts
Samples: teamsters1932.org, www.chinovalleyfire.org, chinovalleyfire.org
Reasonable Suspicion. “Any employee of the City may be required to undergo testing for drugs and/or alcohol with ‘reasonable suspicion’. ‘Reasonable suspicion” ’ is defined as cause based on specific and articulated observations concerning the appearance, unusual behavior, speech, breath odor, body symptoms or “reasonable cause” is a belief based upon facts gathered from the totality of the circumstances other reliable indicators that would cause a reasonable manager to suspect impaired performance or reduced job safety by an employee on has reported to work or returned to duty with alcohol or drugs present in his/her body. Whenever practicable, the jobdecision to test for ‘reasonable suspicion’ will be made by the employee’s supervisor and confirmed by another supervisory or management employee. Reasonable To ensure validity, the City requires prompt re-collection for negative dilute reasonable suspicion tests. At the time an employee is not to be based upon unconfirmed rumorstested, but the employee shall be based upon individual observation by an individual of managerial rank trained by informed that the District to recognize the symptoms of substance abuse. The Manager is required to take into account other possible explanations for observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious fumes or smoke. The facts supporting the reasonable suspicion shall be documented and recorded in a manner provided in Attachment I. In determining if reasonable suspicion exists, the manager shall consider factors such as, but not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior of the employee. The involvement of an employee in an accident or on-the-job injury shall not, standing alone, constitute the reasonable suspicion required by this Policy. The subject employee shall, where possible, be interviewed prior to a reasonable suspicion determination being made. The employee shall have the right to TeamstersUnion representative at the time the test results are shared with the employee and at any subsequent interviews regarding violations of the Policy. An employee shall also be told of his/her right to representation at the time test results are shared with the employee and told again at any subsequent interviews regarding violations of the Policy. Random Employees in safety-sensitive positions that require a CDL will be tested for alcohol and illegal drugs on an unannounced, Local 1932 representation during such interview unless acquiring such representation would delay random basis in accordance with DOT regulations. Employees selected must immediately and directly proceed to the interview collection/testing site upon notification. Random testing for drugs and possible alcohol will be limited to regular work hours. Return to Duty Employees must submit to testing as set forth in the Consequences of Prohibited Conduct section of this Policy before being permitted to return to work. Employees who test positive in a return to duty test will be subject to discharge. A negative return to duty test is a condition for returning to work. Follow-up Follow up tests will be required when an unreasonable employee in a CDL or other safety-sensitive position has engaged in prohibited conduct under this Policy. These tests are performed after the employee has been evaluated by an SAP, and has followed the recommended treatment plan. The employee, upon returning to duty, will be subject to a minimum of six (6) unannounced follow-up tests over the first twelve (12) months following the employee’s return to work. The SAP may recommend any number of tests over a period of timeup to sixty (60) months. Employees who test positive in any follow up test will be subject to discharge. The actual number and frequency of the tests are to be determined by the SAP. Moreover, the City may require follow-up testing under its own authority pursuant to Rehabilitation and Return to Work Agreement. Post Accident Both drug and alcohol testing will be performed on any employee with a CDL following any on-the- job accident involving a fatality, or vehicular accident in which he/she receives a citation for a moving violation arising from the accident AND there is an injury treated away from the scene OR a vehicle that must be towed away from the scene. Employees who are in safety sensitive, but not CDL positions, will be tested for drugs, but not alcohol following any on-the-job accident involving a fatality, or vehicular accident in which the driver in a safety-sensitive position receives a citation under state or local law for a moving violation arising from the accident AND there is an injury treated away from the scene OR a vehicle that must be towed away from the scene. In addition, any employee may be required to undergo testing for alcohol and/or drugs following any type of accident when there is reasonable suspicion to believe the employee had alcohol or drugs in his/her system as described in the “Reasonable Suspicion” testing provisions set forth above. The accident by itself is not “reasonable suspicion” for testing. Employees who are required to undergo testing for alcohol will be required to do so as soon as possible after the accident. Post-accident alcohol testing should take place within two (2) hours of the accident, but no later than eight (8) hours after the accident. If alcohol testing is not conducted within two (2) hours of the decision to test, the City will document the reasons the test was not promptly administered. Employees will be required to undergo testing for drugs as soon as possible after the accident, but in no case later than thirty-two (32) hours after the incident. An unreasonable delay employee who is one which may impact subject to post-accident testing is required to remain readily available for testing. At the validity of any test results. The suspected time an employee is tested, the employee shall be informed that the employee shall have the right to Teamsters, Local 1932 representation during such interview, if requested, and Union representative at the time the test results are shared with the employee and at any subsequent interviews regarding violations of the Policy. An employee shall also be advised told of that his/her right by to representation at the Fire Chief time test results are shared with the employee and told again at any subsequent interviews regarding violations of the Policy. Employees who are injured as a result of an accident, but are unable to timely submit to testing as required under this Policy, due to the need to obtain emergency or designee prior other medical treatment, are required to any such interview. The employee and, if applicable, release the Teamsters, Local 1932 representation shall upon request be given copies results of all available documentation of reasonable suspicion alcohol and have reasonable time drug tests conducted by law enforcement or medical authorities to review these documents before the interview commences. During the interview, the Fire Chief or designee shall give the employee the opportunity to explain his or her condition, and the Fire Chief or designee shall keep a record of the interview. A non-inclusive description of behavior that may constitute evidence of reasonable suspicion is as follows: Slurred speech; Physical altercation; Verbal altercation; On-duty possession of alcohol or drugs; Information obtained from a reliable person with personal knowledge as to an employee’s drug or alcohol use or possession; Disorientation or job impairment (inability to perform employee’s job in a routine manner); Any bargaining unit member arrested and/or convicted for driving any type of vehicle under the influence of alcohol or drugs; Any bargaining unit member arrested and/or convicted of an alcohol or drug-related criminal charge; Odor of alcohol on breath; Unsteady gait or balance Glassy eyes;City.
Appears in 3 contracts
Reasonable Suspicion. “Any employee of the City may be required to undergo testing for drugs and/or alcohol with ‘reasonable suspicion’. ‘Reasonable suspicion” ’ is defined as cause based on specific and articulated observations concerning the appearance, unusual behavior, speech, breath odor, body symptoms or “reasonable cause” is a belief based upon facts gathered from the totality of the circumstances other reliable indicators that would cause a reasonable manager to suspect impaired performance or reduced job safety by an employee on has reported to work or returned to duty with alcohol or drugs present in their body. Whenever practicable, the jobdecision to test for ‘reasonable suspicion’ will be made by the employee’s supervisor and confirmed by another supervisory or management employee. Reasonable To ensure validity, the City requires prompt re-collection for negative dilute reasonable suspicion tests. At the time an employee is not to be based upon unconfirmed rumorstested, but the employee shall be based upon individual observation by an individual of managerial rank trained by informed that the District to recognize the symptoms of substance abuse. The Manager is required to take into account other possible explanations for observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious fumes or smoke. The facts supporting the reasonable suspicion shall be documented and recorded in a manner provided in Attachment I. In determining if reasonable suspicion exists, the manager shall consider factors such as, but not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior of the employee. The involvement of an employee in an accident or on-the-job injury shall not, standing alone, constitute the reasonable suspicion required by this Policy. The subject employee shall, where possible, be interviewed prior to a reasonable suspicion determination being made. The employee shall have the right to TeamstersUnion representative at the time the test results are shared with the employee and at any subsequent interviews regarding violations of the Policy. An employee shall also be told of their right to representation at the time test results are shared with the employee and told again at any subsequent interviews regarding violations of the Policy. Random Employees in safety-sensitive positions that require a CDL will be tested for alcohol and illegal drugs on an unannounced, Local 1932 representation during such interview unless acquiring such representation would delay random basis in accordance with DOT regulations. Employees selected must immediately and directly proceed to the interview collection/testing site upon notification. Random testing for drugs and possible alcohol will be limited to regular work hours. Return to Duty Employees must submit to testing as set forth in the Consequences of Prohibited Conduct section of this Policy before being permitted to return to work. Employees who test positive in a return to duty test will be subject to discharge. A negative return to duty test is a condition for returning to work. Follow-up Follow up tests will be required when an unreasonable employee in a CDL or other safety-sensitive position has engaged in prohibited conduct under this Policy. These tests are performed after the employee has been evaluated by an SAP, and has followed the recommended treatment plan. The employee, upon returning to duty, will be subject to a minimum of six (6) unannounced follow-up tests over the first twelve (12) months following the employee’s return to work. The SAP may recommend any number of tests over a period of timeup to sixty (60) months. Employees who test positive in any follow up test will be subject to discharge. The actual number and frequency of the tests are to be determined by the SAP. Moreover, the City may require follow-up testing under its own authority pursuant to Rehabilitation and Return to Work Agreement. Post Accident Both drug and alcohol testing will be performed on any employee with a CDL following any on-the- job accident involving a fatality, or vehicular accident in which theyreceive a citation for a moving violation arising from the accident AND there is an injury treated away from the scene OR a vehicle that must be towed away from the scene. Employees who are in safety sensitive, but not CDL positions, will be tested for drugs, but not alcohol following any on-the-job accident involving a fatality, or vehicular accident in which the driver in a safety-sensitive position receives a citation under state or local law for a moving violation arising from the accident AND there is an injury treated away from the scene OR a vehicle that must be towed away from the scene. In addition, any employee may be required to undergo testing for alcohol and/or drugs following any type of accident when there is reasonable suspicion to believe the employee had alcohol or drugs in their system as described in the “Reasonable Suspicion” testing provisions set forth above. The accident by itself is not “reasonable suspicion” for testing. Employees who are required to undergo testing for alcohol will be required to do so as soon as possible after the accident. Post-accident alcohol testing should take place within two (2) hours of the accident, but no later than eight (8) hours after the accident. If alcohol testing is not conducted within two (2) hours of the decision to test, the City will document the reasons the test was not promptly administered. Employees will be required to undergo testing for drugs as soon as possible after the accident, but in no case later than thirty-two (32) hours after the incident. An unreasonable delay employee who is one which may impact subject to post-accident testing is required to remain readily available for testing. At the validity of any test results. The suspected time an employee is tested, the employee shall be informed that the employee shall have the right to Teamsters, Local 1932 representation during such interview, if requested, and Union representative at the time the test results are shared with the employee and at any subsequent interviews regarding violations of the Policy. An employee shall also be advised told of that their right by to representation at the Fire Chief time test results are shared with the employee and told again at any subsequent interviews regarding violations of the Policy. Employees who are injured as a result of an accident, but are unable to timely submit to testing as required under this Policy, due to the need to obtain emergency or designee prior other medical treatment, are required to any such interview. The employee and, if applicable, release the Teamsters, Local 1932 representation shall upon request be given copies results of all available documentation of reasonable suspicion alcohol and have reasonable time drug tests conducted by law enforcement or medical authorities to review these documents before the interview commences. During the interview, the Fire Chief or designee shall give the employee the opportunity to explain his or her condition, and the Fire Chief or designee shall keep a record of the interview. A non-inclusive description of behavior that may constitute evidence of reasonable suspicion is as follows: Slurred speech; Physical altercation; Verbal altercation; On-duty possession of alcohol or drugs; Information obtained from a reliable person with personal knowledge as to an employee’s drug or alcohol use or possession; Disorientation or job impairment (inability to perform employee’s job in a routine manner); Any bargaining unit member arrested and/or convicted for driving any type of vehicle under the influence of alcohol or drugs; Any bargaining unit member arrested and/or convicted of an alcohol or drug-related criminal charge; Odor of alcohol on breath; Unsteady gait or balance Glassy eyes;City.
Appears in 1 contract
Samples: Agreement
Reasonable Suspicion. “Any employee of the City may be required to undergo testing for drugs and/or alcohol with ‘reasonable suspicion’. ‘Reasonable suspicion” ’ is defined as cause based on specific and articulated observations concerning the appearance, unusual behavior, speech, breath odor, body symptoms or “reasonable cause” is a belief based upon facts gathered from the totality of the circumstances other reliable indicators that would cause a reasonable manager to suspect impaired performance or reduced job safety by an employee on has reported to work or returned to duty with alcohol or drugs present in his/her body. Whenever practicable, the jobdecision to test for ‘reasonable suspicion’ will be made by the employee’s supervisor and confirmed by another supervisory or management employee. Reasonable To ensure validity, the City requires prompt re-collection for negative dilute reasonable suspicion tests. At the time an employee is not to be based upon unconfirmed rumorstested, but the employee shall be based upon individual observation by an individual of managerial rank trained by informed that the District to recognize the symptoms of substance abuse. The Manager is required to take into account other possible explanations for observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious fumes or smoke. The facts supporting the reasonable suspicion shall be documented and recorded in a manner provided in Attachment I. In determining if reasonable suspicion exists, the manager shall consider factors such as, but not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior of the employee. The involvement of an employee in an accident or on-the-job injury shall not, standing alone, constitute the reasonable suspicion required by this Policy. The subject employee shall, where possible, be interviewed prior to a reasonable suspicion determination being made. The employee shall have the right to Teamsters, Local 1932 representation during such interview unless acquiring such representation would delay Union representative at the interview time the test results are shared with the employee and possible test for an unreasonable period at any subsequent interviews regarding violations of timethe Policy. An unreasonable delay employee shall also be told of his/her right to representation at the time test results are shared with the employee and told again at any subsequent interviews regarding violations of the Policy. Random Employees in safety-sensitive positions that require a CDL will be tested for alcohol and illegal drugs on an unannounced, random basis in accordance with DOT regulations. Employees selected must immediately and directly proceed to the collection/testing site upon notification. Random testing for drugs and alcohol will be limited to regular work hours. Return to Duty Employees must submit to testing as set forth in the Consequences of Prohibited Conduct section of this Policy before being permitted to return to work. Employees who test positive in a return to duty test will be subject to discharge. A negative return to duty test is one which may impact a condition for returning to work. Follow-up Follow up tests will be required when an employee in a CDL or other safety- sensitive position has engaged in prohibited conduct under this Policy. These tests are performed after the validity of any test resultsemployee has been evaluated by an SAP, and has followed the recommended treatment plan. The suspected employee shall have employee, upon returning to duty, will be subject to a minimum of six (6) unannounced follow-up tests over the right to Teamsters, Local 1932 representation during such interview, if requested, and the employee shall be advised of that right by the Fire Chief or designee prior to any such interview. The employee and, if applicable, the Teamsters, Local 1932 representation shall upon request be given copies of all available documentation of reasonable suspicion and have reasonable time to review these documents before the interview commences. During the interview, the Fire Chief or designee shall give the employee the opportunity to explain his or her condition, and the Fire Chief or designee shall keep a record of the interview. A non-inclusive description of behavior that may constitute evidence of reasonable suspicion is as follows: Slurred speech; Physical altercation; Verbal altercation; On-duty possession of alcohol or drugs; Information obtained from a reliable person with personal knowledge as to an employee’s drug or alcohol use or possession; Disorientation or job impairment (inability to perform employee’s job in a routine manner); Any bargaining unit member arrested and/or convicted for driving any type of vehicle under the influence of alcohol or drugs; Any bargaining unit member arrested and/or convicted of an alcohol or drug-related criminal charge; Odor of alcohol on breath; Unsteady gait or balance Glassy eyes;first twelve
Appears in 1 contract
Samples: Agreement
Reasonable Suspicion. “Any employee of the District may be required to undergo testing for drugs and/or alcohol with ‘reasonable suspicion.’ ‘Reasonable suspicion” ’ is defined as cause based on specific and articulated observations concerning the appearance, unusual behavior, speech, breath odor, body symptoms or “other reliable indicators that an employee has reported to work or returned to duty with alcohol or drugs present in his/her body. Whenever practicable, the decision to test for ‘reasonable cause” suspicion’ will be made by the employee’s supervisor and confirmed by another supervisory or management employee. To ensure validity, the District requires prompt re-collection for negative dilute reasonable suspicion tests. Employees shall have the right to Union representation whenever they are questioned about violations of the Policy. The District will notify employees who are directed to undergo testing that they are not required to answer questions without a Union representative present. Random Employees in DOT positions will be tested for alcohol and illegal drugs on an unannounced, random basis in accordance with DOT regulations. Employees selected must immediately and directly proceed to the collection/testing site upon notification. Random testing for drugs and alcohol will be limited to regular work hours. Return to Duty Employees must submit to testing as set forth in the Consequences of Prohibited Conduct section of this Policy before being permitted to return to work. Employees who test positive in a return to duty test will be subject to discipline up to discharge. A negative return to duty test is a belief based upon facts gathered from the totality of the circumstances that would cause a reasonable manager condition for returning to suspect impaired performance or reduced job safety by an employee on the jobwork. Reasonable suspicion is not Rehabilitation and Return to be based upon unconfirmed rumors, but shall be based upon individual observation by an individual of managerial rank trained by the District Work Agreement Employees must submit to recognize the symptoms of substance abuse. The Manager is required to take into account other possible explanations for observed behavior, such testing as illness, lack of sleep, fatigue, and reactions to noxious fumes or smoke. The facts supporting the reasonable suspicion shall be documented and recorded set forth in a manner provided in Attachment I. In determining if reasonable suspicion exists, the manager shall consider factors signed Rehabilitation and Return to Work Agreement. Employees who test positive or otherwise violate such as, but not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions agreements will be subject to nauseous fumes or smoke, etc., which may explain the behavior of the employeeautomatic discharge. The involvement of Follow-up Follow up tests will be required when an employee in a DOT position has engaged in prohibited conduct under this Policy. These tests are performed after the employee has been evaluated by an accident or SAP, and has followed the recommended treatment plan. The employee, upon returning to duty, will be subject to a minimum of six (6) unannounced follow-up tests over the first twelve (12) months following the employee’s return to work. The SAP may recommend any number of tests over a period of up to sixty (60) months. Employees who test positive in any follow up test will be subject to discharge. The actual number and frequency of the tests are to be determined by the SAP. Moreover, the District may require testing of any employee under its own authority pursuant to a Rehabilitation and Return to Work Agreement. Post Accident Both drug and alcohol testing will be performed on any employee with a CDL following any on-the-job accident involving a fatality, or vehicular accident in which he/she receives a citation for a moving violation arising from the accident AND there is an injury shall nottreated away from the scene OR a vehicle that must be towed away from the scene. In addition, standing alone, constitute the any employee may be required to undergo testing for alcohol and/or drugs following any type of accident when there is reasonable suspicion required by this Policyto believe the employee had alcohol or drugs in his/her system as described in the “Reasonable Suspicion” testing provisions set forth above. The accident by itself is not “reasonable suspicion” for testing. Employees who are required to undergo testing for alcohol will be required to do so as soon as possible after the accident. Post-accident alcohol testing should take place within two (2) hours of the accident, but no later than eight (8) hours after the accident. If alcohol testing is not conducted within two (2) hours of the decision to test, the District will document the reasons the test was not promptly administered. Employees will be required to undergo testing for drugs as soon as possible after the accident, but in no case later than thirty-two (32) hours after the incident. An employee who is subject to post-accident testing is required to remain readily available for testing. At the time an employee shallis tested, where possible, the employee shall be interviewed prior to a reasonable suspicion determination being made. The informed that the employee shall have the right to Teamsters, Local 1932 Union representation during such interview unless acquiring such representation would delay at the interview time the test results are shared with the employee and possible test for an unreasonable period at any subsequent interviews regarding violations of timethe Policy. An unreasonable delay is one which may impact the validity of any test results. The suspected employee shall have the also be told of his/her right to Teamsters, Local 1932 representation during such interview, if requested, and at the time test results are shared with the employee shall be advised and told again at any subsequent interviews regarding violations of that right by the Fire Chief Policy. Employees who are injured as a result of an accident, but are unable to timely submit to testing as required under this Policy, due to the need to obtain emergency or designee prior other medical treatment, are required to any such interview. The employee and, if applicable, release the Teamsters, Local 1932 representation shall upon request be given copies results of all available documentation of reasonable suspicion alcohol and have reasonable time drug tests conducted by law enforcement or medical authorities to review these documents before the interview commences. During the interview, the Fire Chief or designee shall give the employee the opportunity to explain his or her condition, and the Fire Chief or designee shall keep a record of the interview. A non-inclusive description of behavior that may constitute evidence of reasonable suspicion is as follows: Slurred speech; Physical altercation; Verbal altercation; On-duty possession of alcohol or drugs; Information obtained from a reliable person with personal knowledge as to an employee’s drug or alcohol use or possession; Disorientation or job impairment (inability to perform employee’s job in a routine manner); Any bargaining unit member arrested and/or convicted for driving any type of vehicle under the influence of alcohol or drugs; Any bargaining unit member arrested and/or convicted of an alcohol or drug-related criminal charge; Odor of alcohol on breath; Unsteady gait or balance Glassy eyes;District.
Appears in 1 contract
Samples: Agreement
Reasonable Suspicion. “Reasonable suspicion” or “Whenever the Village has reasonable cause” is suspicion to believe that a belief based upon facts gathered from driver has engaged in prohibited conduct, the totality of the circumstances that would cause a reasonable manager driver must submit to suspect impaired performance or reduced job safety by an employee on the jobalcohol and/or controlled substances test. Reasonable Any such suspicion is not to must be based upon unconfirmed rumorsspecific, but shall contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver, which may include indications of the chronic and withdrawal effects of controlled substances. These observations will only be based upon made by a supervisor or Village official who has received appropriate training and will be documented in writing by that individual observation by within twenty-four (24) hours after his/her observations, or before any test results are released. Reference Appendix C. Any person who makes a determination that reasonable suspicion exists to require a driver to submit to an individual alcohol test will not be permitted to conduct the alcohol test for that driver. A reasonable suspicion alcohol test will only be required if the reasonable suspicion observations are made during, just preceding or just after the period of managerial rank trained by the District to recognize the symptoms of substance abuse. The Manager work day that a driver is required to take into account other possible explanations for observed behaviorbe in compliance with this policy. A driver will therefore be directed to undergo a reasonable suspicion alcohol test only if the driver is performing a safety- sensitive function, such as illnessis about to perform a safety-sensitive function, lack or has just ceased performing a safety-sensitive function. Every effort will be made to conduct any required reasonable suspicion alcohol test within two (2) hours of sleep, fatigue, and reactions to noxious fumes or smoke. The facts supporting the reasonable suspicion shall be documented and recorded in a manner provided in Attachment I. In determining if reasonable suspicion exists, determination. If the manager shall consider factors such as, but alcohol test is not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior of the employee. The involvement of an employee in an accident or on-the-job injury shall not, standing alone, constitute administered within eight hours following the reasonable suspicion required by this Policydetermination, the Village will no longer attempt to administer an alcohol test and will document the reasons for its inability to do so. The subject employee shall, where possible, be interviewed prior to Notwithstanding the absence of a reasonable suspicion determination being made. The employee alcohol test under this section, no driver shall have report for duty or remain on duty requiring the right to Teamsters, Local 1932 representation during such interview unless acquiring such representation would delay performance of safety-sensitive functions while the interview and possible test for an unreasonable period of time. An unreasonable delay driver is one which may impact the validity of any test results. The suspected employee shall have the right to Teamsters, Local 1932 representation during such interview, if requested, and the employee shall be advised of that right by the Fire Chief or designee prior to any such interview. The employee and, if applicable, the Teamsters, Local 1932 representation shall upon request be given copies of all available documentation of reasonable suspicion and have reasonable time to review these documents before the interview commences. During the interview, the Fire Chief or designee shall give the employee the opportunity to explain his or her condition, and the Fire Chief or designee shall keep a record of the interview. A non-inclusive description of behavior that may constitute evidence of reasonable suspicion is as follows: Slurred speech; Physical altercation; Verbal altercation; On-duty possession of alcohol or drugs; Information obtained from a reliable person with personal knowledge as to an employee’s drug or alcohol use or possession; Disorientation or job impairment (inability to perform employee’s job in a routine manner); Any bargaining unit member arrested and/or convicted for driving any type of vehicle under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall an employer permit the driver to perform or drugs; Any bargaining unit member arrested and/or convicted of continue to perform safety-sensitive functions, until either an alcohol test is administered and the driver's alcohol concentration measures less than 0.02; or drug-related criminal charge; Odor twenty four hours have elapsed following the reasonable suspicion determination. In any reasonable suspicion testing circumstance, a Village representative will transport the individual to an appropriate testing facility and await the completion of alcohol on breath; Unsteady gait the testing procedure. The Village representative will then transport the individual back to the Village's premises, where a spouse, family member or balance Glassy eyes;other individual will be contacted to transport the individual home. In the event no such individual is available, the Village will contact a taxi to transport the driver home. If the reasonable suspicion test result is negative, the Village will reimburse the employee for the cost of the taxi. If the employee refuses to comply with any of these procedures and attempts to operate his/her own vehicle, the Village will take appropriate efforts to discourage him from doing so, up to and including contacting local law enforcement officials. Any employee failing to cooperate with any of the above procedures will be subject to discipline, up to and including discharge.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Reasonable Suspicion. “Reasonable suspicion” or “Whenever the Village has reasonable cause” is suspicion to believe that a belief based upon facts gathered from driver has engaged in prohibited conduct, the totality of the circumstances that would cause a reasonable manager driver must submit to suspect impaired performance or reduced job safety by an employee on the jobalcohol and/or controlled substances test. Reasonable Any such suspicion is not to must be based upon unconfirmed rumorsspecific, but shall contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver, which may include indications of the chronic and withdrawal effects of controlled substances. These observations will only be based upon made by a supervisor or Village official who has received appropriate training and will be documented in writing by that individual observation by within twenty-four (24) hours after his/her observations, or before any test results are released. Reference Appendix C. Any person who makes a determination that reasonable suspicion exists to require a driver to submit to an individual alcohol test will not be permitted to conduct the alcohol test for that driver. A reasonable suspicion alcohol test will only be required if the reasonable suspicion observations are made during, just preceding or just after the period of managerial rank trained by the District to recognize the symptoms of substance abuse. The Manager work day that a driver is required to take into account other possible explanations for observed behaviorbe in compliance with this policy. A driver will therefore be directed to undergo a reasonable suspicion alcohol test only if the driver is performing a safety- sensitive function, such as illnessis about to perform a safety-sensitive function, lack or has just ceased performing a safety-sensitive function. Every effort will be made to conduct any required reasonable suspicion alcohol test within two (2) hours of sleep, fatigue, and reactions to noxious fumes or smoke. The facts supporting the reasonable suspicion shall be documented and recorded in a manner provided in Attachment I. In determining if reasonable suspicion exists, determination. If the manager shall consider factors such as, but alcohol test is not limited to, fatigue, lack of sleep, side effects of prescription and/or over the counter medications, reactions to nauseous fumes or smoke, etc., which may explain the behavior of the employee. The involvement of an employee in an accident or on-the-job injury shall not, standing alone, constitute administered within eight hours following the reasonable suspicion required by this Policydetermination, the Village will no longer attempt to administer an alcohol test and will document the reasons for its inability to do so. The subject employee shall, where possible, be interviewed prior to Notwithstanding the absence of a reasonable suspicion determination being made. The employee alcohol test under this section, no driver shall have report for duty or remain on duty requiring the right to Teamsters, Local 1932 representation during such interview unless acquiring such representation would delay performance of safety-sensitive functions while the interview and possible test for an unreasonable period of time. An unreasonable delay driver is one which may impact the validity of any test results. The suspected employee shall have the right to Teamsters, Local 1932 representation during such interview, if requested, and the employee shall be advised of that right by the Fire Chief or designee prior to any such interview. The employee and, if applicable, the Teamsters, Local 1932 representation shall upon request be given copies of all available documentation of reasonable suspicion and have reasonable time to review these documents before the interview commences. During the interview, the Fire Chief or designee shall give the employee the opportunity to explain his or her condition, and the Fire Chief or designee shall keep a record of the interview. A non-inclusive description of behavior that may constitute evidence of reasonable suspicion is as follows: Slurred speech; Physical altercation; Verbal altercation; On-duty possession of alcohol or drugs; Information obtained from a reliable person with personal knowledge as to an employee’s drug or alcohol use or possession; Disorientation or job impairment (inability to perform employee’s job in a routine manner); Any bargaining unit member arrested and/or convicted for driving any type of vehicle under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall an employer permit the driver to perform or drugs; Any bargaining unit member arrested and/or convicted of continue to perform safety-sensitive functions, until either an alcohol test is administered and the driver's alcohol concentration measures less than 0.02; or drug-related criminal charge; Odor twenty four hours have elapsed following the reasonable suspicion determination. In any reasonable suspicion testing circumstance, a Village representative will transport the individual to an appropriate testing facility and await the completion of alcohol on breath; Unsteady gait the testing procedure. The Village representative will then transport the individual back to the Village’s premises, where a spouse, family member or balance Glassy eyes;other individual will be contacted to transport the individual home. In the event no such individual is available, the Village will contact a taxi to transport the driver home. If the reasonable suspicion test result is negative, the Village will reimburse the employee for the cost of the taxi. If the employee refuses to comply with any of these procedures and attempts to operate his/her own vehicle, the Village will take appropriate efforts to discourage him from doing so, up to and including contacting local law enforcement officials. Any employee failing to cooperate with any of the above procedures will be subject to discipline, up to and including discharge.
Appears in 1 contract
Samples: Collective Bargaining Agreement
