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. 6. An employee's use or possession of a controlled substance other than marijuana in accordance with a current prescription shall not constitute a violation of Board Policy or Administrative Procedure unless such use adversely affects the employee's ability to perform the employee’s duties in a safe and productive manner. Consequences of an employee's test result showing a blood alcohol level of greater than .04 or positive controlled-substance drug test include: • Referral to and evaluation by a substance abuse professional, who shall determine what, if any assistance is needed by the employee; • Retesting, with a blood alcohol level of less than .02 for alcohol-related test failure, or a verified negative drug test for controlled-substance related test failures, before the employee is allowed to return to work; and • A follow-up evaluation with the substance abuse professional to determine that the employee has followed the recommended assistance program, when one has been recommended, and follow-up unannounced testing to include at a minimum six (6) unannounced tests within the driver's first twelve (12) months following the driver's return to work. 7. Compliance with the testing program is a condition of employment. Any refusal to undergo a test as required and defined by law and in accordance with Board Policy 5202 and Administrative Procedure 5202P shall be considered a positive test and handled accordingly. An adulterated sample shall be considered a refusal to test, a deliberate obstruction to the testing, and subject the employee to immediate suspension without pay and a recommendation for termination. 8. For "random” and "for cause" testing, the District shall consider the employee to be on paid time and shall instruct the employee how the time shall be documented. 9. The District shall bear the costs of "random” and "for cause” testing. All other testing, including pre-employment, return to work and follow-up tests, including the use of a split sample, shall be borne by the employee, unless the split-sample test comes back negative. In this case, the cost shall be borne by the District. 10. All required assessment and subsequent treatment, if any, shall be at the employee's expense. Any available medical or other health benefits may be used to reduce these costs, as may the services of the employee assistance program. 11. Any violation shall be subject to the just cause provision of the collective bargaining agreement (Article IV, Section 3).

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. 6. An employee's use or possession of a controlled substance other than marijuana in accordance with a current prescription shall not constitute a violation of Board Policy or Administrative Procedure unless such use adversely affects the employee's ability to perform the employee’s duties in a safe and productive manner. Consequences of an employee's test result showing a blood alcohol level of greater than .04 or positive controlled-substance drug test include: • ● Referral to and evaluation by a substance abuse professional, who shall determine what, if any assistance is needed by the employee; • ● Retesting, with a blood alcohol level of less than .02 for alcohol-related test failure, or a verified negative drug test for controlled-substance related test failures, before the employee is allowed to return to work; and • ● A follow-up evaluation with the substance abuse professional to determine that the employee has followed the recommended assistance program, when one has been recommended, and follow-up unannounced testing to include at a minimum six (6) unannounced tests within the driver's first twelve (12) months following the driver's return to work. 7. Compliance with the testing program is a condition of employment. Any refusal to undergo a test as required and defined by law and in accordance with Board Policy 5202 and Administrative Procedure 5202P shall be considered a positive test and handled accordingly. An adulterated sample shall be considered a refusal to test, a deliberate obstruction to the testing, and subject the employee to immediate suspension without pay and a recommendation for termination. 8. For "random” and "for cause" testing, the District shall consider the employee to be on paid time and shall instruct the employee how the time shall be documented. 9. The District shall bear the costs of "random” and "for cause” testing. All other testing, including pre-employment, return to work and follow-up tests, including the use of a split sample, shall be borne by the employee, unless the split-sample test comes back negative. In this case, the cost shall be borne by the District. 10. All required assessment and subsequent treatment, if any, shall be at the employee's expense. Any available medical or other health benefits may be used to reduce these costs, as may the services of the employee assistance program. 11. Any violation shall be subject to the just cause provision of the collective bargaining agreement (Article IV, Section 3).