Common use of Testing Policy Clause in Contracts

Testing Policy. A. Drug and Alcohol Testing Situations 1. Post-Accident HMG LLC will require an employee to submit to a drug test following involvement in an accident in which an employee sustains an injury requiring off-site medical attention or when property damage occurs. The Company may avoid requiring a post-accident test if a supervisor reasonably believes that the injury or property damage was due to employee inexperience, a defective or unsafe work product or working condition, or other circumstance beyond the control of the employee. All employees who are involved in an accident involving an injury must immediately report the injury to their supervisor or to some other member of management. Failure to immediately report a workplace injury is grounds for discipline. 2. Reasonable Suspicion (a) HMG LLC may require an employee to submit to a drug and alcohol test when it has suspicion that an employee’s performance may be impaired by drugs or alcohol. Suspicion that may warrant an employee being tested under this section must be based on specific personal observation the supervisor can describe concerning the appearance, behavior, speech, breath or body odor of the employee. The employee will be provided with an opportunity to explain his/her conduct. The supervisor will explain the right to have a union representative present if requested. The supervisor’s reasonable grounds must be confirmed by another management representative. (These observations shall be recorded on a “Behavior Report Form” attached as Exhibit B-1.) When a supervisor confronts an employee concerning a suspicion of impairment, the employee is not to return to work until fitness for duty is established. If the drug and alcohol test indicates the presence of drugs and/or alcohol in the employee’s system, the time the employee spends between his release from the clinic and the receipt of a confirmed positive drug test will be treated as a disciplinary suspension. Absent any other concurrent disciplinary action, the employee will be paid for all the time lost from work if the results of the drug and alcohol test are negative. (b) Failure to submit to a test required on any of the above bases will be grounds for termination. Employees who feel that they have a legitimate grievance must still submit to the test and then file a grievance in accordance with the Collective Bargaining Agreement. Except for specific situations where federal regulations require otherwise, an employee may forgo the test if the employee voluntarily consents to obtaining assistance through the Employee Assistance Program and immediately enters into a Last Chance Agreement. (c) The Company shall initially select reputable facilities for base testing and confirmatory testing at Company expense. All collection and testing procedures used in conjunction with this policy will comply with the regulations and procedures approved by the U.S. Department of Health and Human Services and DOT regulations. The Union will be provided with the testing facilities’ names, addresses and credentials if requested. The Union retains the right to demand a change in test procedure or test facility based on reliable information which disproves the accuracy or quality of either. The Union also retains the right to request a change in test procedure or test facility when a reasonable and superior alternative to either is available. (d) Employee representatives and/or the employee will have the opportunity to review the testing procedures. (e) All samples which test positive will be confirmed using a gas chromatography/mass spectrometry test or a superior or equally reliable test if same becomes reasonably available.

Testing Policy. A. Drug As a part of this substance abuse program, effective January 1, 2009, the parties will implement a sweep testing process which shall mean periodic and Alcohol Testing Situationsunannounced blanket (sweep) tests of an entire plant site, shift, or department, including associated supervision. The scope and frequency of such tests shall be at the Company’s discretion, balancing benefits against costs. In addition, employees hired on or after July 1, 2008 will be subject to unannounced periodic testing for the first six (6) months of employment and will not have recourse to the referral process described in Part IV of this Exhibit in lieu of discharge in the event of a positive test result. B. An employee whose behavioral conduct indicates that he/she is not in a physical condition that would permit the employee to perform a job safely and efficiently will be subject to submitting to a urine, blood or breathalyzer test to determine the presence of alcohol or drugs in the body. 1. Post-Accident HMG LLC will require an employee A supervisor must have reasonable grounds to submit to a drug test following involvement in an accident in which an employee sustains an injury requiring off-site medical attention or when property damage occurs. The Company may avoid requiring a post-accident test if a supervisor reasonably believes believe that the injury employee is under the influence of or property damage was due to employee inexperience, a defective impaired by alcohol or unsafe work product or working condition, or other circumstance beyond the control of the employee. All employees who are involved in an accident involving an injury must immediately report the injury to their supervisor or to some other member of management. Failure to immediately report a workplace injury is grounds for discipline. 2drugs. Reasonable Suspicion (a) HMG LLC may require an employee to submit to a drug and alcohol test when it has suspicion that an employee’s performance may be impaired by drugs or alcohol. Suspicion that may warrant an employee being tested under this section must be based on specific personal observation the supervisor can describe concerning the grounds include abnormal coordination, appearance, behavior, speech, breath speech or body odor odor. Involvement in an accident or near miss does not in itself constitute “reasonable grounds” unless it is reasonable to conclude from the circumstances that the presence of the employeedrugs or alcohol was a causative factor. 2. The employee will be provided with an opportunity to explain his/her conduct. The supervisor will explain the employee’s right to have a union representative present if requested. 3. The supervisor’s reasonable grounds must be confirmed by another management representative. (These observations shall be recorded on a “Behavior Report Form” attached as Exhibit B-1.) When a supervisor confronts an employee concerning a suspicion of impairment, the employee is not to return to work until fitness for duty is established. If the drug and alcohol test indicates the presence of drugs and/or alcohol in the employee’s system, the time the employee spends between his release from the clinic and the receipt of a confirmed positive drug test will be treated as a disciplinary suspension. Absent any other concurrent disciplinary action, the employee will be paid for all the time lost from work if the results of the drug and alcohol test are negative. (b) C. Failure to submit to a test required on any one of the above bases will be grounds for termination. Employees who feel that they have a legitimate grievance must still submit to the test and then file a grievance in accordance with the Collective Bargaining Working Agreement. Except for specific situations where federal regulations require otherwise, an An employee may forgo forego the test if the employee voluntarily consents to obtaining assistance through the Employee Assistance Program employee assistance program and immediately enters into a Last Chance Agreementwritten referral agreement. (c) D. The Company shall initially select reputable facilities for base testing and confirmatory testing at Company expense. All collection The facility for confirmatory testing must meet all standards set by Federal Health Agencies for laboratory performance and testing procedures used in conjunction with this policy will comply with the regulations they must employ certified Medical Technologists and procedures approved by the U.S. Department of Health and Human Services and DOT regulationsTechnicians. The Union will be provided with the testing facilities’ names, addresses and credentials if requested. The Union retains the right to demand a change in test procedure or test facility based on reliable information which disproves the accuracy or quality of either. The Union also retains the right to request a change in test procedure or test facility when a reasonable and superior alternative to either is available. (d) E. Employee representatives and/or the employee will have the opportunity to review the testing procedures. (e) F. All samples which test positive will be confirmed using a gas chromatography/mass spectrometry test or a superior or equally reliable test if same becomes become reasonably available. G. The employee, at his/her expense, will have the opportunity to have a reputable testing facility test the same sample submitted to the original test facility. Accepted chain of custody procedures must be followed and the test facility must meet all standards set by Federal Health Agencies for laboratory performance using certified Medical Technologists and Technicians. An employee may request the independent test by notifying the Personnel Manager in writing within two calendar days after the day the employee is informed of the test results. The test result will be kept confidential and will be available only to a designated employer representative, a designated Union representative or a designated legal representative. H. None of the testing procedures are intended to be in violation of the law, and if they are, they shall be eliminated without interfering with other parts of this agreement. I. Employees tested “for cause” will be placed on an unpaid leave of absence pending the receipt of the test results. Employees who test negative will be paid for time lost from work. J. Provide for the use of a Rapid Results drug testing process. Such a process shall be done by third party providers and shall not replace the process used for positive tests.