Common use of Specific Understandings Clause in Contracts

Specific Understandings. 1. The parties acknowledge that Board Policy 5202 and the accompanying Administrative Procedure 5202P shall govern the administration of the testing program. The parties further acknowledge that laws and regulations supersede Board Policy and Administrative Procedures, and that the District's drug and alcohol testing program shall be conducted in accordance with and employees shall retain all rights under such laws and regulations. 2. Employees selected for random testing shall be determined by a blind, confidential selection process administered by the vendor in accordance with Board Policy 5202, Administrative Procedure 5202P and all applicable laws and regulations. 3. The privacy of tested employees shall be safeguarded in a manner that is consistent with all applicable laws and regulations. 4. Any disciplinary action or discharge that is a consequence of an employee's results on a drug or alcohol test shall be in accordance with collective bargaining agreement provisions (including but not limited to the "just cause” and due process provisions), Board policy and procedure, and all applicable laws and regulations. 5. Consequences of an employee's test results showing a blood alcohol level of between .02 and .04 include the employee not being permitted to drive until the start if the employee’s next regularly scheduled duty period, but not less than 24 hours following the administration of the test. Further disciplinary action or intervention or other prescriptive action may be taken, especially for multiple test results falling within the range of .02 to .04.