Common use of WHEN SCREENING MAY OCCUR Clause in Contracts

WHEN SCREENING MAY OCCUR. Employees may be tested for employment related illegal drug usage, or for the abusive use of legal drugs to the extent that said drugs adversely affect the employee’s safety or job performance, or the safety of others 1. Whenever an employee’s behavior creates probable cause of suspected use. The following are lists of factors which may give rise to probable cause to suspect substance abuse. Any factor alone, or in combination with other factors may be sufficient to constitute probably cause to suspect drug abuse: a. Direct observation of drug use b. Possession of drugs or related paraphernalia c. Employee admissions of drug use, abuse or possession d. Symptoms of drug use/abuse including, but not limited to, disturbances in gait, slurred speech, impaired gross or fine motor control e. Any tampering with the drug screening process f. Any arrest for drug related criminal offense, or the filing of drug related criminal charges against the employee. 2. Any employee involved in an employment-related accident may be subject to screening. The Employer may test an employee involved in a motor vehicle accident resulting in personal injury or property damage. The Superintendent will determine whether screening is appropriate with due regard to the nature of the accident and medical treatment involved. Should screening be deemed appropriate, such screening will take place within 72 hours. 3. Whenever an employee returns to duty after participating in a substance abuse rehabilitation program regardless of the duration of absence, such an employee may be required by the Employer or the Substance Abuse Professional to undergo a minimum of four (4) urine tests within the one (1) year period starting with the date of return to duty. The following factors must be used in combination with other factors and cannot by themselves serve to constitute probable cause to suspect drug abuse: a. Unusual attendance problems, including absenteeism, tardiness or unusual use of sick leave. b. Excessive or repetitive vehicular, equipment or other workplace accidents. c. When an employee who returns to duty after an absence of thirty (30) calendar days or more resulting from medical leave, exhibits any unusual behavior.