Common use of WHEN TESTING IS REQUIRED Clause in Contracts

WHEN TESTING IS REQUIRED. An employee may be required to submit to drug and/ or alcohol testing only when there is reasonable suspicion to believe that the employee is at work under the influence of alcohol or illegal drugs. Reasonable suspicion will not be used to harass or intimidate any employee. B.3.1 The basis for the reasonable suspicion shall be documented in writing prior to or at the time the employee is requested to submit to testing. B.3.2 A Union representative shall be summoned before the employee is approached and the Union representative shall be present when the employee is first told of the reasonable suspicion, unless obtaining a Union representative will delay the notification required by this section for more than two (2) hours. B.3.3 Prior to testing, the employee shall be given an opportunity to confer with the Union representative (if readily available), and the employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to prescription or over-the-counter drugs, fatigue, exposure to toxic substances, or any other reasons known to the employee, to the City representative telling the employee the basis for reasonable suspicion. The Union representative may be present during this discussion and any testing that occurs. The Employer shall take any information provided into consideration. If the Employer decides to continue to have the employee submit to testing, the Employer must document in writing why reasonable suspicion still exists after the explanation. Failing a drug and/or alcohol test means that the test showed positive evidence of the presence of a prohibited substance in an employee’s system that is at or above the determined threshold level. This determination is made by the MRO. Failing a drug and/or alcohol test shall be referred to as “test positive”. Disciplinary action may be taken by the Employer if an employee results “test positive”, subject to the provisions of the parties’ collective bargaining agreement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

WHEN TESTING IS REQUIRED. An employee may be required to submit to drug and/ or alcohol testing only when there is reasonable suspicion to believe that the employee is at work under the influence of alcohol or illegal drugs. Reasonable suspicion will not be used to harass or intimidate any employee. B.3.1 The basis for the reasonable suspicion shall be documented in writing prior to or at the time the employee is requested to submit to testing. B.3.2 A Union An Association representative shall be summoned before the employee is approached and the Union Association representative shall be present when the employee is first told of the reasonable suspicion, unless obtaining a Union an Association representative will delay the notification required by this section for more than two (2) hours. B.3.3 Prior to testing, the employee shall be given an opportunity to confer with the Union Association representative (if readily available), and the employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to prescription or over-the-counter drugs, fatigue, exposure to toxic substances, or any other reasons known to the employee, to the City representative telling the employee the basis for reasonable suspicion. The Union Association representative may be present during this discussion and any testing that occurs. The Employer shall take any information provided into consideration. If the Employer decides to continue to have the employee submit to testing, the Employer must document in writing why reasonable suspicion still exists after the explanation. Failing a drug and/or alcohol test means that the test showed positive evidence of the presence of a prohibited substance in an employee’s system that is at or above the determined threshold level. This determination is made by the MRO. Failing a drug and/or alcohol test shall be referred to as “test positive”. Disciplinary action may be taken by the Employer if an employee results “test positive”, subject to the provisions of the parties’ collective bargaining agreement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

WHEN TESTING IS REQUIRED. An employee may be required to submit to drug and/ or alcohol testing only when there is reasonable suspicion to believe that the employee is at work under the influence of alcohol or illegal drugs. Reasonable suspicion will not be used to harass or intimidate any employee. B.3.1 The basis for the reasonable suspicion shall be documented in writing prior to or at the time the employee is requested to submit to testing. B.3.2 A Union representative shall be summoned before the employee is approached and the Union representative shall be present when the employee is first told of the reasonable suspicion, unless obtaining a Union representative will delay the notification required by this section for more than two (2) hours. B.3.3 Prior to testing, the employee shall be given an opportunity to confer with the Union representative (if readily available), and the employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to prescription or over-over- the-counter drugs, fatigue, exposure to toxic substances, or any other reasons known to the employee, to the City representative telling the employee the basis for reasonable suspicion. The Union representative may be present during this discussion and any testing that occurs. The Employer shall take any information provided into consideration. If the Employer decides to continue to have the employee submit to testing, the Employer must document in writing why reasonable suspicion still exists after the explanation. Failing a drug and/or alcohol test means that the test showed positive evidence of the presence of a prohibited substance in an employee’s system that is at or above the determined threshold level. This determination is made by the MRO. Failing a drug and/or alcohol test shall be referred to as “test positive”. Disciplinary action may be taken by the Employer if an employee results “test positive”, subject to the provisions of the parties’ collective bargaining agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement