Common use of DRUG AND ALCOHOL TESTING Clause in Contracts

DRUG AND ALCOHOL TESTING. A drug test under this policy is a urinalysis (for drugs) and an evidential breathalyzer test (for alcohol) administered under approved conditions and procedures conducted for the sole purpose of detecting drugs and alcohol. Other methods to detect the presence of alcohol may be added at a later date if approved by the FHWA, including blood/alcohol and saliva tests. The test will be conducted by a City appointed medical laboratory and paid for by the City. SUBJECT: An employee ordered to submit to a test or an applicant for employment directed to test by the Human Resources Division or hiring department. Obtaining a Urine Sample: Following authorization for reasonable suspicion or post-accident drug testing, the supervisor or other authorized person will transport the employee to the designated laboratory. In the case of an applicant for employment or follow up testing the individual shall appear at the designated laboratory at the time instructed by the Human Resources Division or hiring department. The subject (employee or applicant) will be interviewed by laboratory personnel prior to the sample collection to determine whether the subject is currently using drugs under medical supervision and/or taking over the counter medications which might reasonably impact the test. The room where the sample is obtained must be private and secure. Documentation shall be maintained that the area has been searched and is free of any foreign substance. For all general employees, CDL holders, and individuals tested under the reasonable suspicion standard an observer shall not be present when the sample is collected. Procedural actions shall be taken in all tests to ensure the sample is from the subject and was actually passed at the time noted on the record. In the case of job applicants for uniformed Fire and Police (under separate policy), an observer of the same sex shall be present when the urine sample is taken. Processing Urine Samples: Each step in the collection and processing of the urine specimen shall be documented to establish procedural integrity and the chain of custody. When requested for CDL holders, testing shall be under SAMHSA (Substance Abuse and Mental Health Services Administration [formally NIDA standards]) testing procedures and approved laboratories. Unless specifically noted as in testing for uniformed police officers (under separate policy) or pre-employment tests for firefighters, all testing will be done using SAMHSA procedures and threshold levels. Uniformed Police and Fire pre-employment testing will be done according to the drug/alcohol testing protocols that are on file in the office of the Human Resources Manager. Confirmation testing will be conducted using Gas Chromatography-Mass Spectrometry. The urine sample shall be retained for 12 months by proper storage method to allow for further testing if necessary. Specimen samples shall be sealed and labeled. Samples shall be stored in a secure and refrigerated atmosphere. A large enough sample will be taken to allow for a second, follow- up test. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. Any applicant or employee providing false information about a urine or breath specimen or who attempts to contaminate such sample shall be subject to removal from consideration for hiring or termination. DRUGS TESTED: The laboratory shall test for the following drugs at levels that meet or exceed the SAMHSA specified threshold in effect at the time of the test. The list of drugs and specified thresholds for screening level and confirmation level are published by SAMHSA and available in Human Resources or at the laboratory. Drug Amphetamines Cocaine Metab. Opiates PCP (Phencyclidine) THC (Marijuana) Alcohol* If SAMHSA should increase or decrease the above list of drugs, the City will utilize the SAMHSA list in effect at the time of the test. * Tested through an evidentiary breathalyzer instrument at a level of .02 alcohol/breath concentration or greater, expressed in terms of grams per 210 liters of breath. RESULTS OF DRUG TESTING: The laboratory will review the results of the test and determine if the sample contains any illegal drug or legal drug or alcohol at levels that would cause impairment or reveal its use in an illegal manner. The lab director will also review the medical history made available by the subject when a confirmed positive test could have resulted from a legally prescribed medication. For all CDL holders, mechanics and City employees, the results shall be forwarded immediately to the City designated Medical Review Officer (MRO) for further review. The Human Resources Division will send a copy of the drug testing results to the employee's home address.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

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DRUG AND ALCOHOL TESTING. A drug The Village may require an employee to submit to urine and/or blood tests if the Village determines there is reasonable suspicion for such testing, and provides the employee with the basis for such suspicion in writing within 48 hours after the test under this policy is administered. The Village shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe the employee is tampering with the testing procedure. If the first test results in a urinalysis (for drugs) and an evidential breathalyzer positive finding, a confirmatory test (for alcoholGC/MS or a scientifically accurate equivalent) administered under approved conditions and procedures conducted for shall be conducted. An initial positive test result shall not be submitted to the sole purpose Village unless a confirmatory test result is also positive as to the same sample. Upon request, the Village shall provide an employee with a copy of detecting drugs and alcoholany test results which the Village receives with respect to such employee. Other methods to detect A portion of the presence of alcohol may tested sample shall be added at a later date if approved retained by the FHWA, including bloodlaboratory so that the employee may arrange for another confirmatory test (GC/alcohol and saliva tests. The test will MS or a scientifically accurate equivalent) to be conducted by a City appointed medical licensed clinical laboratory of the employee’s choosing and paid for at the employee’s expense. Once the portion of the tested sample leaves the clinical laboratory selected by the CityVillage, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. SUBJECT: An The results of any positive tests shall be made available to the Village. If an employee ordered tests positive for the use of a proscribed drug (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a prescribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee may be required to submit to random testing with the understanding that if the employee again tests positive the Village can take such action as the Village, at its discretion, deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village, in its discretion deems, appropriate if an employee consumes alcohol while on duty. The illegal use, sale or possession of proscribed drugs at any time while employed by the Village, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline including termination. All other issues relating to the testing process (e.g., whether there is reasonable suspicion for ordering an employee to submit to a test test, whether a proper chain of custody has been maintained, etc.) may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Except where there is imminent danger to the life of an employee or an applicant for employment directed to test by the Human Resources Division or hiring department. Obtaining a Urine Sample: Following authorization for reasonable suspicion or post-accident drug testingothers, the supervisor or other authorized person will transport administrator of the Village’s EAP shall maintain in strict confidentiality the fact that an employee to has voluntarily sought assistance from the designated laboratoryVillage’s EAP. In Seeking confidential assistance from the case of an applicant for employment or follow up testing the individual shall appear at the designated laboratory at the time instructed by the Human Resources Division or hiring department. The subject (employee or applicant) will be interviewed by laboratory personnel prior to the sample collection to determine whether the subject is currently using drugs under medical supervision and/or taking over the counter medications which might reasonably impact the test. The room where the sample is obtained must be private and secure. Documentation shall be maintained that the area has been searched and is free of any foreign substance. For all general employees, CDL holders, and individuals tested under the reasonable suspicion standard an observer Village’s EAP shall not be present when the sample is collected. Procedural actions shall be taken in all tests to ensure the sample is from the subject and was actually passed at the time noted on the record. In the case of job applicants grounds for uniformed Fire and Police (under separate policy), an observer of the same sex shall be present when the urine sample is taken. Processing Urine Samples: Each step in the collection and processing of the urine specimen shall be documented to establish procedural integrity and the chain of custody. When requested for CDL holders, testing shall be under SAMHSA (Substance Abuse and Mental Health Services Administration [formally NIDA standards]) testing procedures and approved laboratories. Unless specifically noted as in testing for uniformed police officers (under separate policy) or pre-employment tests for firefighters, all testing will be done using SAMHSA procedures and threshold levels. Uniformed Police and Fire pre-employment testing will be done according to the drug/alcohol testing protocols that are on file in the office of the Human Resources Manager. Confirmation testing will be conducted using Gas Chromatography-Mass Spectrometry. The urine sample shall be retained for 12 months by proper storage method to allow for further testing if necessary. Specimen samples shall be sealed and labeled. Samples shall be stored in a secure and refrigerated atmosphere. A large enough sample will be taken to allow for a second, follow- up test. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. Any applicant or employee providing false information about a urine or breath specimen or who attempts to contaminate such sample shall be subject to removal from consideration for hiring or termination. DRUGS TESTED: The laboratory shall test for the following drugs at levels that meet or exceed the SAMHSA specified threshold in effect at the time of the test. The list of drugs and specified thresholds for screening level and confirmation level are published by SAMHSA and available in Human Resources or at the laboratory. Drug Amphetamines Cocaine Metab. Opiates PCP (Phencyclidine) THC (Marijuana) Alcohol* If SAMHSA should increase or decrease the above list of drugs, the City will utilize the SAMHSA list in effect at the time of the test. * Tested through an evidentiary breathalyzer instrument at a level of .02 alcohol/breath concentration or greater, expressed in terms of grams per 210 liters of breath. RESULTS OF DRUG TESTING: The laboratory will review the results of the test and determine if the sample contains any illegal drug or legal drug or alcohol at levels that would cause impairment or reveal its use in an illegal manner. The lab director will also review the medical history made available by the subject when a confirmed positive test could have resulted from a legally prescribed medication. For all CDL holders, mechanics and City employees, the results shall be forwarded immediately to the City designated Medical Review Officer (MRO) for further review. The Human Resources Division will send a copy of the drug testing results to the employee's home addressdisciplinary action.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

DRUG AND ALCOHOL TESTING. A drug test under this policy is a urinalysis (for drugs) and an evidential breathalyzer test (for alcohol) administered under approved conditions and procedures conducted for the sole purpose of detecting drugs and alcohol. Other methods to detect the presence of alcohol may be added at a later date if approved by the FHWA, including blood/alcohol and saliva tests. The test will be conducted by a City appointed medical laboratory and paid for by the City. SUBJECT: An employee ordered to submit to a test or an applicant for employment directed to test by the Human Resources Division or hiring department. Obtaining a Urine Sample: Following authorization for reasonable suspicion or post-accident drug testing, the supervisor or other authorized person will transport the employee to the designated laboratory. In the case of an applicant for employment or follow up testing the individual shall appear at the designated laboratory at the time instructed by the Human Resources Division or hiring department. The subject (employee or applicant) will be interviewed by laboratory personnel prior to the sample collection to determine whether the subject is currently using drugs under medical supervision and/or taking over the counter medications which might reasonably impact the test. The room where the sample is obtained must be private and secure. Documentation shall be maintained that the area has been searched and is free of any foreign substance. For all general All employees, CDL holders, and individuals tested under the reasonable suspicion standard an observer shall not be present when the sample is collected. Procedural actions shall be taken in all tests except those required by law to ensure the sample is from the subject and was actually passed at the time noted on the record. In the case of job applicants for uniformed Fire and Police maintain a Commercial Driver’s License (under separate policyCDL), an observer of the same sex shall be present when the urine sample is taken. Processing Urine Samples: Each step in the collection and processing of the urine specimen shall be documented to establish procedural integrity and the chain of custody. When requested for CDL holders, testing shall be under SAMHSA (Substance Abuse and Mental Health Services Administration [formally NIDA standards]) testing procedures and approved laboratories. Unless specifically noted as in testing for uniformed police officers (under separate policy) or pre-employment tests for firefighters, all testing will be done using SAMHSA procedures and threshold levels. Uniformed Police and Fire pre-employment testing will be done according to the drug/alcohol testing protocols that are on file in the office of the Human Resources Manager. Confirmation testing will be conducted using Gas Chromatography-Mass Spectrometry. The urine sample shall be retained for 12 months by proper storage method to allow for further testing if necessary. Specimen samples shall be sealed and labeled. Samples shall be stored in a secure and refrigerated atmosphere. A large enough sample will be taken to allow for a second, follow- up test. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. Any applicant or employee providing false information about a urine or breath specimen or who attempts to contaminate such sample shall be subject to removal from consideration for hiring random and reasonable suspicion drug / alcohol testing. Reasonable suspicion must be based on specific, contemporaneous, articulatable observations concerning the appearance, behavior, speech or termination. DRUGS TESTED: The laboratory shall test for the following drugs at levels that meet or exceed the SAMHSA specified threshold in effect at the time body odor of the employee. A reasonable suspicion based test shall not be authorized simply on third party information of alcohol or drug use or possession. Official medical information and information received from police, courts, legal documents, a signed statement or affidavit presented by a person who asserts that he or she has witnessed the employee while on the employer’s time in possession or use of alcohol or controlled substances or other official sources shall not be considered as third party information. Reasonable suspicion based drug and alcohol testing shall require that a trained supervisor or trained district official observes behavior or appearance which is characteristic of alcohol or controlled substance misuse. An employee may be required to submit to testing when there is a reasonable suspicion that he or she is under the influence of drugs or alcohol. An employee suspected of being under the influence of alcohol or controlled substances will be escorted to the testing site by a supervisor or other district appointed official. No Supervisor may use this contract section to harass any employee in the bargaining unit. Harassment shall be defined in this section as sending an employee for testing without having established reasonable suspicion by having observed the appearance, behavior, speech or body odor described above and by failing to complete the supervisor’s checklist and the incident report. An employee who believes she or he has been sent for testing without the above cited basis for reasonable suspicion must submit a statement to the manager of facilities operations within forty eight (48) hours of being tested, detailing the reasons for believing she or he has been harassed. An employee shall be entitled to have a Union representative present, but such presence shall not interfere with or delay the testing process. Any employee who refuses to submit to the testing process shall be deemed to be insubordinate and shall be treated as though he or she had tested positive. The employer shall have the right to utilize any testing facility it chooses in the initial test, however a laboratory which meets the standards recommended by the National Institute on Drug Abuse (NIDA) shall be used to conduct any confirmatory test. The requirements for chain of custody, storage of urine or blood samples, quality assurance and control, will be the responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available to the union upon reasonable request. The substances tested for will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of drugs the currently recognized substances can be found in Appendix E. Others will be added as the federal regulations and specified thresholds for screening guidelines are updated. Regarding Alcohol Only those tests, with approved protocols issued by the United States Department of Health and Human Services or its designee will be considered permissible blood alcohol tests. Certified breath alcohol technicians must administer both the initial and confirmatory tests. An individual with a breath alcohol level and confirmation level are published by SAMHSA and available in Human Resources of .041 percent or at above or the laboratory. Drug Amphetamines Cocaine Metab. Opiates PCP (Phencyclidine) THC (Marijuana) Alcohol* If SAMHSA should increase or decrease the above list of drugs, the City will utilize the SAMHSA list in effect at the time of equivalent urine alcohol percentage shall be considered as having failed the test. * Tested through an evidentiary breathalyzer instrument at a level of .02 alcohol/breath concentration or greater, expressed in terms of grams per 210 liters of breath. RESULTS OF DRUG TESTING: The laboratory will review the results of the test and determine if the sample contains any illegal drug or legal drug or alcohol at levels that would cause impairment or reveal its use in an illegal manner. The lab director will also review the medical history made available by the subject when a confirmed positive test could have resulted from a legally prescribed medication. For all CDL holders, mechanics and City employees, the results shall be forwarded immediately to the City designated Medical Review Officer (MRO) for further review. The Human Resources Division will send a copy of the drug testing results to the employee's home address.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

DRUG AND ALCOHOL TESTING. A The Village may require an employee to submit to urine and/or blood tests if the Village determines there is reasonable suspicion for such testing, and provides the employee with the basis for such suspicion in writing within 48 hours of when the test is administered. If the written basis is not provided prior to the actual test, a verbal statement of the basis will be provided prior to administering the test. In addition, effective January 1, 2004, the Village may conduct random drug test under and alcohol testing up to two times per calendar year. The total number of random tests each time shall not exceed 25% of the total number of sworn employees in the Winnetka Police Department. If the Village exercises its right to conduct such random tests, the group from which employees will be selected randomly will include all sworn employees in the rank of police officer and above. The selection of employees to be randomly tested shall be provided by the outside contractor that the Village uses to randomly select the employees who are to be tested. Unless specifically provided otherwise in this policy is a urinalysis (Section 22.6, the testing procedure shall be in accordance with Section 5 of the Village of Winnetka Employment and Safety Policy and Regulations for drugs) and Employees Holding Commercial Drivers’ Licenses. The results of any positive tests shall be made available to the Chief of Police. If an evidential breathalyzer test (for alcohol) administered under approved conditions and procedures conducted employee tests positive for the sole purpose use of detecting a proscribed drug (i.e., an illegal drug, contraband), the Chief of Police can take such action as the Chief of Police in his discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a proscribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee may be required to submit to random testing with the understanding that if the employee again tests positive, the Chief of Police can take such action as the Chief of Police in his discretion deems appropriate. Notwithstanding the foregoing, the Chief of Police retains the right to take such action as the Chief of Police in his discretion deems appropriate if an employee consumes alcohol while on duty. The illegal use, sale or possession of proscribed drugs and alcohol. Other methods to detect at any time while employed by the presence Village, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, may be added at a later date if approved by the FHWAcause for discipline, up to and including blood/alcohol termination, subject to the affected officer’s rights before the Board of Fire and saliva testsPolice Commissioners, pursuant to State Law. The test will While such disciplinary issues shall be conducted by a City appointed medical laboratory subject to the exclusive jurisdiction of the Board of Fire and paid Police Commissioners, all other issues relating to the testing process (e.g., whether there is reasonable suspicion for by the City. SUBJECT: An ordering an employee ordered to submit to a test or an applicant for employment directed to test by the Human Resources Division or hiring department. Obtaining test, whether a Urine Sample: Following authorization for reasonable suspicion or post-accident drug testing, the supervisor or other authorized person will transport the employee to the designated laboratory. In the case proper chain of an applicant for employment or follow up testing the individual shall appear at the designated laboratory at the time instructed by the Human Resources Division or hiring department. The subject (employee or applicant) will be interviewed by laboratory personnel prior to the sample collection to determine whether the subject is currently using drugs under medical supervision and/or taking over the counter medications which might reasonably impact the test. The room where the sample is obtained must be private and secure. Documentation shall be maintained that the area custody has been searched and is free of any foreign substance. For all general employeesmaintained, CDL holders, and individuals tested under the reasonable suspicion standard an observer shall not be present when the sample is collected. Procedural actions shall be taken in all tests to ensure the sample is from the subject and was actually passed at the time noted on the record. In the case of job applicants for uniformed Fire and Police (under separate policyetc.), an observer of may be grieved in accordance with the same sex shall be present when the urine sample is taken. Processing Urine Samples: Each step grievance and arbitration procedure set forth in the collection and processing of the urine specimen shall be documented to establish procedural integrity and the chain of custody. When requested for CDL holders, testing shall be under SAMHSA (Substance Abuse and Mental Health Services Administration [formally NIDA standards]) testing procedures and approved laboratories. Unless specifically noted as in testing for uniformed police officers (under separate policy) or pre-employment tests for firefighters, all testing will be done using SAMHSA procedures and threshold levels. Uniformed Police and Fire pre-employment testing will be done according to the drug/alcohol testing protocols that are on file in the office of the Human Resources Manager. Confirmation testing will be conducted using Gas Chromatography-Mass Spectrometry. The urine sample shall be retained for 12 months by proper storage method to allow for further testing if necessary. Specimen samples shall be sealed and labeled. Samples shall be stored in a secure and refrigerated atmosphere. A large enough sample will be taken to allow for a second, follow- up test. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. Any applicant or employee providing false information about a urine or breath specimen or who attempts to contaminate such sample shall be subject to removal from consideration for hiring or termination. DRUGS TESTED: The laboratory shall test for the following drugs at levels that meet or exceed the SAMHSA specified threshold in effect at the time of the test. The list of drugs and specified thresholds for screening level and confirmation level are published by SAMHSA and available in Human Resources or at the laboratory. Drug Amphetamines Cocaine Metab. Opiates PCP (Phencyclidine) THC (Marijuana) Alcohol* If SAMHSA should increase or decrease the above list of drugs, the City will utilize the SAMHSA list in effect at the time of the test. * Tested through an evidentiary breathalyzer instrument at a level of .02 alcohol/breath concentration or greater, expressed in terms of grams per 210 liters of breath. RESULTS OF DRUG TESTING: The laboratory will review the results of the test and determine if the sample contains any illegal drug or legal drug or alcohol at levels that would cause impairment or reveal its use in an illegal manner. The lab director will also review the medical history made available by the subject when a confirmed positive test could have resulted from a legally prescribed medication. For all CDL holders, mechanics and City employees, the results shall be forwarded immediately to the City designated Medical Review Officer (MRO) for further review. The Human Resources Division will send a copy of the drug testing results to the employee's home addressthis Agreement.

Appears in 2 contracts

Samples: Agreement, Agreement

DRUG AND ALCOHOL TESTING. A The Village may require an employee to submit to urine and/or blood tests if the Village determines there is reasonable suspicion for such testing, and provides the employee with the basis for such suspicion in writing at or about the time the test is administered. If the written basis is not provided prior to the actual test, a verbal statement of the basis will be provided prior to administering the test. In addition, effective January 1, 2002, the Village may conduct random drug test under this policy and alcohol testing up to four times per calendar year. The total number of such random tests shall not exceed 25% of the total number of sworn employees in the rank of sergeant and above. If the Village exercises its right to conduct such random tests, the group from which employees will be selected randomly will include all employees in the rank of sergeant and above. The selection of employees to be randomly tested shall be provided by the outside contractor that the Village uses to randomly select the employees who are to be tested. In lieu of the foregoing drug and alcohol testing provisions, any employee who is a urinalysis direct supervisor of any employee assigned to investigations, assigned as an evidence technician, or assigned to any specialty assignment engaged in the enforcement of narcotics laws may be directed to submit to drug and alcohol testing up to four (4) times per year while he or she is so assigned. All such drug and alcohol testing shall be done during the employee’s regularly assigned hours of work. The Village shall use only licensed clinical laboratories for drugs) such testing and an evidential breathalyzer shall be responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe the employee is tampering with the testing procedure. If the first test results in a positive finding, a confirmatory test (for alcoholGC/MS or a scientifically accurate equivalent) administered under approved conditions and procedures conducted for shall be conducted. An initial positive test result shall not be submitted to the sole purpose Village unless a confirmatory test result is also positive as to the same sample. Upon request, the Village shall provide an employee with a copy of detecting drugs and alcoholany test results which the Village receives with respect to such employee. Other methods to detect A portion of the presence of alcohol may tested sample shall be added at a later date if approved retained by the FHWA, including bloodlaboratory so that the employee may arrange for another confirmatory test (GC/alcohol and saliva tests. The test will MS or a scientifically accurate equivalent) to be conducted by a City appointed medical licensed clinical laboratory of the employee’s choosing and paid for at the employee’s expense. Once the portion of the tested sample leaves the clinical laboratory selected by the CityVillage, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. SUBJECT: An The results of any positive tests shall be made available to the Village. If an employee ordered tests positive for the use of a proscribed drug (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a proscribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee may be required to submit to random testing with the understanding that if the employee again tests positive the Village can take such action as the Village in its discretion deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village in its discretion deems appropriate if an employee consumes alcohol while on duty. The illegal use, sale or possession of proscribed drugs at any time while employed by the Village, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline including termination. All issues relating to the testing process (e.g., whether there is reasonable suspicion for ordering an employee to submit to a test test, whether a proper chain of custody has been maintained, etc.) may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Except where there is imminent danger to the life of an employee or an applicant for employment directed to test by the Human Resources Division or hiring department. Obtaining a Urine Sample: Following authorization for reasonable suspicion or post-accident drug testingothers, the supervisor or other authorized person will transport administrator of the Village’s EAP shall maintain in strict confidentiality the fact that an employee to has voluntarily sought assistance from the designated laboratoryVillage’s EAP. In Seeking confidential assistance from the case of an applicant for employment or follow up testing the individual shall appear at the designated laboratory at the time instructed by the Human Resources Division or hiring department. The subject (employee or applicant) will be interviewed by laboratory personnel prior to the sample collection to determine whether the subject is currently using drugs under medical supervision and/or taking over the counter medications which might reasonably impact the test. The room where the sample is obtained must be private and secure. Documentation shall be maintained that the area has been searched and is free of any foreign substance. For all general employees, CDL holders, and individuals tested under the reasonable suspicion standard an observer Village’s EAP shall not be present when the sample is collected. Procedural actions shall be taken in all tests to ensure the sample is from the subject and was actually passed at the time noted on the record. In the case of job applicants grounds for uniformed Fire and Police (under separate policy), an observer of the same sex shall be present when the urine sample is taken. Processing Urine Samples: Each step in the collection and processing of the urine specimen shall be documented to establish procedural integrity and the chain of custody. When requested for CDL holders, testing shall be under SAMHSA (Substance Abuse and Mental Health Services Administration [formally NIDA standards]) testing procedures and approved laboratories. Unless specifically noted as in testing for uniformed police officers (under separate policy) or pre-employment tests for firefighters, all testing will be done using SAMHSA procedures and threshold levels. Uniformed Police and Fire pre-employment testing will be done according to the drug/alcohol testing protocols that are on file in the office of the Human Resources Manager. Confirmation testing will be conducted using Gas Chromatography-Mass Spectrometry. The urine sample shall be retained for 12 months by proper storage method to allow for further testing if necessary. Specimen samples shall be sealed and labeled. Samples shall be stored in a secure and refrigerated atmosphere. A large enough sample will be taken to allow for a second, follow- up test. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. Any applicant or employee providing false information about a urine or breath specimen or who attempts to contaminate such sample shall be subject to removal from consideration for hiring or termination. DRUGS TESTED: The laboratory shall test for the following drugs at levels that meet or exceed the SAMHSA specified threshold in effect at the time of the test. The list of drugs and specified thresholds for screening level and confirmation level are published by SAMHSA and available in Human Resources or at the laboratory. Drug Amphetamines Cocaine Metab. Opiates PCP (Phencyclidine) THC (Marijuana) Alcohol* If SAMHSA should increase or decrease the above list of drugs, the City will utilize the SAMHSA list in effect at the time of the test. * Tested through an evidentiary breathalyzer instrument at a level of .02 alcohol/breath concentration or greater, expressed in terms of grams per 210 liters of breath. RESULTS OF DRUG TESTING: The laboratory will review the results of the test and determine if the sample contains any illegal drug or legal drug or alcohol at levels that would cause impairment or reveal its use in an illegal manner. The lab director will also review the medical history made available by the subject when a confirmed positive test could have resulted from a legally prescribed medication. For all CDL holders, mechanics and City employees, the results shall be forwarded immediately to the City designated Medical Review Officer (MRO) for further review. The Human Resources Division will send a copy of the drug testing results to the employee's home addressdisciplinary action.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

DRUG AND ALCOHOL TESTING. A drug test under this policy is Bargaining Unit Members who perform safety-sensitive functions will be subject to testing pursuant to FHWA and FTA regulations. Any testing procedures utilized by the City will conform with applicable federal and state requirements, and the City will conduct the appropriate tests required by applicable law to determine if a urinalysis (for drugs) and an evidential breathalyzer test (for alcohol) administered under approved conditions and procedures conducted for the sole purpose of detecting drugs and alcohol. Other methods to detect the presence Bargaining Unit Member has in his/her system a prohibited level of alcohol may or controlled substances. Pursuant to this policy, any employee who tampers with, falsifies, substitutes, or alters a urine sample, or breath test, or who attempts to do so, shall be added at a later date if approved by the FHWAsubject to disciplinary action, up to and including blood/alcohol and saliva testsdischarge. The test City will adhere to all required standards of confidentiality. Testing records and results will be conducted by released only to those authorized to receive such information. As a City appointed medical laboratory general policy, drug and paid for by the City. SUBJECT: An employee ordered to submit to a test or an applicant for employment directed to test by the Human Resources Division or hiring department. Obtaining a Urine Sample: Following authorization for reasonable suspicion or post-accident drug testing, the supervisor or other authorized person will transport the employee to the designated laboratory. In the case of an applicant for employment or follow up testing the individual shall appear at the designated laboratory at the time instructed by the Human Resources Division or hiring department. The subject (employee or applicant) will be interviewed by laboratory personnel prior to the sample collection to determine whether the subject is currently using drugs under medical supervision and/or taking over the counter medications which might reasonably impact the test. The room where the sample is obtained must be private and secure. Documentation shall be maintained that the area has been searched and is free of any foreign substance. For all general employees, CDL holders, and individuals tested under the reasonable suspicion standard an observer shall not be present when the sample is collected. Procedural actions shall be taken in all tests to ensure the sample is from the subject and was actually passed at the time noted on the record. In the case of job applicants for uniformed Fire and Police (under separate policy), an observer of the same sex shall be present when the urine sample is taken. Processing Urine Samples: Each step in the collection and processing of the urine specimen shall be documented to establish procedural integrity and the chain of custody. When requested for CDL holders, testing shall be under SAMHSA (Substance Abuse and Mental Health Services Administration [formally NIDA standards]) testing procedures and approved laboratories. Unless specifically noted as in testing for uniformed police officers (under separate policy) or pre-employment tests for firefighters, all testing will be done using SAMHSA procedures and threshold levels. Uniformed Police and Fire pre-employment testing will be done according to the drug/alcohol testing protocols that are on file in the office of the Human Resources Manager. Confirmation testing will be conducted using Gas Chromatography-Mass Spectrometryoff the City premises. The Normally, administration of breath tests for alcohol will be performed concurrently with urine sample shall be retained for 12 months by proper storage method collections. However, the City reserves the right to allow for further testing if necessaryadminister breath tests separately from urine collections and to administer breath tests and/or urine collections on City premises. Specimen samples shall be sealed Where an employee holding a commercial drivers license and labeled. Samples shall be stored serving in a secure position which performs safety-sensitive functions unilaterally and refrigerated atmosphere. A large enough sample will be taken voluntarily discloses to allow the employer that he or she requires treatment for a secondthe abuse and/or misuse of alcohol and controlled substances (drugs), follow- up test. Any sample which has been adulterated or is shown to be a substance other than urine he/she shall be reported as such. Any applicant or employee providing false information about a urine or breath specimen or who attempts to contaminate such sample shall not, by virtue of said disclosure, be subject to removal from consideration discipline, but rather, shall be referred to an employee assistance program for hiring or terminationtreatment. DRUGS TESTED: The laboratory If it should be determined that the above-referenced employee may not continue to perform safety-sensitive functions, the employee shall test be reassigned to a lower classification for which the employee is qualified and compensated at the rate established for the following drugs at levels that meet or exceed the SAMHSA specified threshold in effect at the time top step of the testlower classification provided there is no increase in pay. The list Provided, however, that for the first thirty (30) calendar days of drugs reassignment there shall not be a reduction in the employees hourly rate of pay and specified thresholds he/she may continue to perform non-safety sensitive functions within his/her job description. Additionally, for screening level and confirmation level are published by SAMHSA and available sixty (60) calendar days thereafter (a total of ninety (90) calendar days following reassignment) the employees' hourly rate of pay shall be reduced to the top step of a lower classification. Where an employee cannot continue to perform “safety sensitive functions” as a result of the employee’s non-work related loss of licensure resulting from police action, the employee, notwithstanding the provisions set forth in Human Resources or at subparagraph (a) above, upon reassignment to a lower classification, of which he/she qualifies, shall for a period of not more than 180 calendar days, be reduced to the laboratoryhighest step of that lower classification. Drug Amphetamines Cocaine Metab. Opiates PCP (Phencyclidine) THC (Marijuana) Alcohol* If SAMHSA should increase or decrease Where the above list restriction/loss of drugslicenser extends beyond 180 calendar days, the City will utilize may place the SAMHSA list in effect at the time of the test. * Tested through an evidentiary breathalyzer instrument at a level of .02 alcohol/breath concentration or greater, expressed in terms of grams per 210 liters of breath. RESULTS OF DRUG TESTING: The laboratory will review the results of the test and determine if the sample contains any illegal drug or legal drug or alcohol at levels that would cause impairment or reveal its use employee in an illegal manner. The lab director will also review unpaid status for no more than one year from date of incident and temporarily fill the medical history made available by the subject when a confirmed positive test could have resulted from a legally prescribed medication. For all CDL holders, mechanics and City employees, the results shall be forwarded immediately to the City designated Medical Review Officer (MRO) for further review. The Human Resources Division will send a copy of the drug testing results to the employee's home addressvacancy internally or via an outside contract.

Appears in 1 contract

Samples: Working Agreement

DRUG AND ALCOHOL TESTING. A drug test under this policy is a urinalysis (for drugs) and an evidential breathalyzer test (for alcohol) administered under approved conditions and procedures conducted for the sole purpose of detecting drugs and alcohol. Other methods to detect the presence of alcohol may be added at a later date if approved by the FHWA, including blood/alcohol and saliva tests. The test will be conducted by a City appointed medical laboratory and paid for by the City. SUBJECT: An employee ordered to submit to a test or an applicant for employment directed to test by the Human Resources Division or hiring department. Obtaining a Urine Sample: Following authorization for reasonable suspicion or post-accident drug testing, the supervisor or other authorized person will transport the employee to the designated laboratory. In the case of an applicant for employment or follow up testing the individual shall appear at the designated laboratory at the time instructed by the Human Resources Division or hiring department. The subject (employee or applicant) will be interviewed by laboratory personnel prior to the sample collection to determine whether the subject is currently using drugs under medical supervision and/or taking over the counter medications which might reasonably impact the test. The room where the sample is obtained must be private and secure. Documentation shall be maintained that the area has been searched and is free of any foreign substance. For all general All employees, CDL holders, and individuals tested under the reasonable suspicion standard an observer shall not be present when the sample is collected. Procedural actions shall be taken in all tests except those required by law to ensure the sample is from the subject and was actually passed at the time noted on the record. In the case of job applicants for uniformed Fire and Police maintain a Commercial Driver’s License (under separate policyCDL), an observer of the same sex shall be present when the urine sample is taken. Processing Urine Samples: Each step in the collection and processing of the urine specimen shall be documented to establish procedural integrity and the chain of custody. When requested for CDL holders, testing shall be under SAMHSA (Substance Abuse and Mental Health Services Administration [formally NIDA standards]) testing procedures and approved laboratories. Unless specifically noted as in testing for uniformed police officers (under separate policy) or pre-employment tests for firefighters, all testing will be done using SAMHSA procedures and threshold levels. Uniformed Police and Fire pre-employment testing will be done according to the drug/alcohol testing protocols that are on file in the office of the Human Resources Manager. Confirmation testing will be conducted using Gas Chromatography-Mass Spectrometry. The urine sample shall be retained for 12 months by proper storage method to allow for further testing if necessary. Specimen samples shall be sealed and labeled. Samples shall be stored in a secure and refrigerated atmosphere. A large enough sample will be taken to allow for a second, follow- up test. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. Any applicant or employee providing false information about a urine or breath specimen or who attempts to contaminate such sample shall be subject to removal from consideration for hiring reasonable suspicion drug and alcohol testing. Reasonable suspicion must be based on specific, contemporaneous, articulatable observations concerning the appearance, behavior, speech or termination. DRUGS TESTED: The laboratory shall test for the following drugs at levels that meet or exceed the SAMHSA specified threshold in effect at the time body odor of the testemployee. The list supervisor shall record the observations on the supervisor’s checklist. A reasonable suspicion based test shall not be authorized simply on third party information of drugs alcohol or drug use or possession. Official medical information and specified thresholds for screening level information received from police, courts, legal documents, a signed statement or affidavit presented by a person who asserts that he or she has witnessed the employee while on the employer’s time in possession or use of alcohol or controlled substances or other official sources shall not be considered as third party information. Reasonable suspicion based drug and confirmation level are published by SAMHSA and available in Human Resources alcohol testing shall require that a trained supervisor or at the laboratorytrained district official observes behavior or appearance which is characteristic of alcohol or controlled substance misuse. Drug Amphetamines Cocaine Metab. Opiates PCP The trained supervisor or trained district official must complete an incident report within twenty-four (Phencyclidine24) THC (Marijuana) Alcohol* If SAMHSA should increase or decrease the above list of drugs, the City will utilize the SAMHSA list in effect at the time hours of the test. * Tested through an evidentiary breathalyzer instrument at a level of .02 alcohol/breath concentration observed behavior or greater, expressed in terms of grams per 210 liters of breath. RESULTS OF DRUG TESTING: The laboratory will review before the results of the test and determine if are released, whichever comes later. An employee may be required to submit to testing when there is a reasonable suspicion that he or she is under the sample contains influence of drugs or alcohol. An employee suspected of being under the influence of alcohol or controlled substances will be escorted to the testing cite by a supervisor or other district appointed official. No Supervisor may use this contract section to harass any illegal drug or legal drug or alcohol at levels that would cause impairment or reveal its use employee in an illegal mannerthe bargaining unit. The lab director will also review the medical history made available by the subject when a confirmed positive test could have resulted from a legally prescribed medication. For all CDL holders, mechanics and City employees, the results Harassment shall be forwarded immediately defined in this section as sending an employee for testing without having established reasonable suspicion by having observed the appearance, behavior, speech or body odor described above and by failing to complete the supervisor’s checklist and the incident report. An employee who believes she or he has been sent for testing without the above cited basis for reasonable suspicion must submit a statement to the City designated Medical Review Officer (MRO) for further review. The Human Resources Division will send a copy manager of the drug testing results to the employee's home address.facilities operations within forty eight

Appears in 1 contract

Samples: Agreement

DRUG AND ALCOHOL TESTING. A drug test under this policy is a urinalysis (for drugs) and an evidential breathalyzer test (for alcohol) administered under approved conditions and procedures conducted for the sole purpose of detecting drugs and alcohol. Other methods to detect the presence of alcohol may be added at a later date if approved by the FHWA, including blood/alcohol and saliva tests. The test will be conducted by a City appointed medical laboratory and paid for by the City. SUBJECT: An employee ordered to submit to a test or an applicant for employment directed to test by the Human Resources Division or hiring department. Obtaining a Urine Sample: Following authorization for reasonable suspicion or post-accident drug testing, the supervisor or other authorized person will transport the employee to the designated laboratory. In the case of an applicant for employment or follow up testing the individual shall appear at the designated laboratory at the time instructed by the Human Resources Division or hiring department. The subject (employee or applicant) will be interviewed by laboratory personnel prior to the sample collection to determine whether the subject is currently using drugs under medical supervision and/or taking over the counter medications which might reasonably impact the test. The room where the sample is obtained must be private and secure. Documentation shall be maintained that the area has been searched and is free of any foreign substance. For all general All employees, CDL holders, and individuals tested under the reasonable suspicion standard an observer shall not be present when the sample is collected. Procedural actions shall be taken in all tests except those required by law to ensure the sample is from the subject and was actually passed at the time noted on the record. In the case of job applicants for uniformed Fire and Police maintain a Commercial Driver’s License (under separate policyCDL), an observer of the same sex shall be present when the urine sample is taken. Processing Urine Samples: Each step in the collection and processing of the urine specimen shall be documented to establish procedural integrity and the chain of custody. When requested for CDL holders, testing shall be under SAMHSA (Substance Abuse and Mental Health Services Administration [formally NIDA standards]) testing procedures and approved laboratories. Unless specifically noted as in testing for uniformed police officers (under separate policy) or pre-employment tests for firefighters, all testing will be done using SAMHSA procedures and threshold levels. Uniformed Police and Fire pre-employment testing will be done according to the drug/alcohol testing protocols that are on file in the office of the Human Resources Manager. Confirmation testing will be conducted using Gas Chromatography-Mass Spectrometry. The urine sample shall be retained for 12 months by proper storage method to allow for further testing if necessary. Specimen samples shall be sealed and labeled. Samples shall be stored in a secure and refrigerated atmosphere. A large enough sample will be taken to allow for a second, follow- up test. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. Any applicant or employee providing false information about a urine or breath specimen or who attempts to contaminate such sample shall be subject to removal from consideration for hiring random and reasonable suspicion drug / alcohol testing. Reasonable suspicion must be based on specific, contemporaneous, articulatable observations concerning the appearance, behavior, speech or termination. DRUGS TESTED: The laboratory shall test for the following drugs at levels that meet or exceed the SAMHSA specified threshold in effect at the time body odor of the employee. A reasonable suspicion based test shall not be authorized simply on third party information of alcohol or drug use or possession. Official medical information and information received from police, courts, legal documents, a signed statement or affidavit presented by a person who asserts that he or she has witnessed the employee while on the employer’s time in possession or use of alcohol or controlled substances or other official sources shall not be considered as third party information. Reasonable suspicion based drug and alcohol testing shall require that a trained supervisor or trained district official observes behavior or appearance which is characteristic of alcohol or controlled substance misuse. An employee may be required to submit to testing when there is a reasonable suspicion that he or she is under the influence of drugs or alcohol. An employee suspected of being under the influence of alcohol or controlled substances will be escorted to the testing site by a supervisor or other district appointed official. No Supervisor may use this contract section to harass any employee in the bargaining unit. Harassment shall be defined in this section as sending an employee for testing without having established reasonable suspicion by having observed the appearance, behavior, speech or body odor described above and by failing to complete the supervisor’s checklist and the incident report. An employee who believes she or he has been sent for testing without the above cited basis for reasonable suspicion must submit a statement to the manager of facilities operations within forty eight (48) hours of being tested, detailing the reasons for believing she or he has been harassed. An employee shall be entitled to have a Union representative present, but such presence shall not interfere with or delay the testing process. Any employee who refuses to submit to the testing process shall be deemed to be insubordinate and shall be treated as though he or she had tested positive. The employer shall have the right to utilize any testing facility it chooses in the initial test, however a laboratory which meets the standards recommended by the National Institute on Drug Abuse (NIDA) shall be used to conduct any confirmatory test. The requirements for chain of custody, storage of urine or blood samples, quality assurance and control, will be the responsibility of the chosen laboratory. Proof of Certification and Quality Control Inspections shall be made available to the union upon reasonable request. The substances tested for will be alcohol, amphetamines, cocaine, marijuana, opiates and phencyclidine. A list of drugs the currently recognized substances can be found in Appendix B. Others will be added as the federal regulations and specified thresholds for screening level and confirmation level guidelines are published by SAMHSA and available in Human Resources or at the laboratory. Drug Amphetamines Cocaine Metab. Opiates PCP (Phencyclidine) THC (Marijuana) Alcohol* If SAMHSA should increase or decrease the above list of drugs, the City will utilize the SAMHSA list in effect at the time of the test. * Tested through an evidentiary breathalyzer instrument at a level of .02 alcohol/breath concentration or greater, expressed in terms of grams per 210 liters of breath. RESULTS OF DRUG TESTING: The laboratory will review the results of the test and determine if the sample contains any illegal drug or legal drug or alcohol at levels that would cause impairment or reveal its use in an illegal manner. The lab director will also review the medical history made available by the subject when a confirmed positive test could have resulted from a legally prescribed medication. For all CDL holders, mechanics and City employees, the results shall be forwarded immediately to the City designated Medical Review Officer (MRO) for further review. The Human Resources Division will send a copy of the drug testing results to the employee's home addressupdated.

Appears in 1 contract

Samples: Agreement

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DRUG AND ALCOHOL TESTING. A The Village may require an employee to submit to urine and/or blood tests if the Village determines there is reasonable suspicion for such testing, and provides the employee with the basis for such suspicion in writing at or about the time the test is administered. If the written basis is not provided prior to the actual test, a verbal statement of the basis will be provided prior to administering the test. In addition, effective January 1, 2009, the Village may conduct random drug and alcohol testing up to four times per calendar year. The total number of such random tests shall not exceed 25% of the total number of sworn employees in the bargaining unit who are not assigned to investigations, as evidence technicians, or assigned to any specialty assignment engaged in the enforcement of narcotics laws. If the Village exercises its right to conduct such random tests, the group from which employees will be selected randomly will include all sworn bargaining unit employees. The selection of employees to be randomly tested shall be provided by the outside contractor that the Village uses to randomly select the employees who are to be tested. The Village’s right to conduct random drug and alcohol tests of bargaining unit employees as provided above shall only be in effect as long as the Village continues to conduct random drug and alcohol tests of the employees in the rank of sergeant and above, plus the civilian commanders and the Police Chief. To ensure compliance, the Village shall provide the Union with a bi-annual report summarizing the number of random tests conducted within that six month period. In lieu of the foregoing drug and alcohol testing provisions, any employee assigned to investigations, assigned as an evidence technician, or assigned to any specialty assignment engaged in the enforcement of narcotics laws may be directed to submit to drug and alcohol testing up to four (4) times per year while he or she is assigned to any specialty assignment engaged in the enforcement of narcotics laws. All such drug and alcohol testing shall be done during the employee’s regularly assigned hours of work. The Village shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe the employee is tampering with the testing procedure. If the first test under this policy is results in a urinalysis (for drugs) and an evidential breathalyzer positive finding, a confirmatory test (for alcoholGC/MS or a scientifically accurate equivalent) administered under approved conditions and procedures conducted for shall be conducted. An initial positive test result shall not be submitted to the sole purpose Village unless a confirmatory test result is also positive as to the same sample. Upon request, the Village shall provide an employee with a copy of detecting drugs and alcoholany test results which the Village receives with respect to such employee. Other methods to detect A portion of the presence of alcohol may tested sample shall be added at a later date if approved retained by the FHWA, including bloodlaboratory so that the employee may arrange for another confirmatory test (GC/alcohol and saliva tests. The test will MS or a scientifically accurate equivalent) to be conducted by a City appointed medical licensed clinical laboratory of the employee’s choosing and paid for at the employee’s expense. Once the portion of the tested sample leaves the clinical laboratory selected by the CityVillage, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. SUBJECT: An The results of any positive tests shall be made available to the Village. If an employee ordered tests positive for the use of a proscribed drug (i.e., an illegal drug, contraband), the Village can take such action as the Village in its discretion deems appropriate. The first time an employee tests positive for substance abuse involving something other than a proscribed drug, the employee shall be required to enter and successfully complete the Village’s Employee Assistance Program (“EAP”) during which time the employee may be required to submit to random testing with the understanding that if the employee again tests positive the Village can take such action as the Village in its discretion deems appropriate. Notwithstanding the foregoing, the Village retains the right to take such action as the Village in its discretion deems appropriate if an employee consumes alcohol while on duty. The illegal use, sale or possession of proscribed drugs at any time while employed by the Village, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline including termination. Both disciplinary issues and all other issues relating to the testing process (e.g., whether there is reasonable suspicion for ordering an employee to submit to a test test, whether a proper chain of custody has been maintained, etc.) may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Except where there is imminent danger to the life of an employee or an applicant for employment directed to test by the Human Resources Division or hiring department. Obtaining a Urine Sample: Following authorization for reasonable suspicion or post-accident drug testingothers, the supervisor or other authorized person will transport administrator of the Village’s EAP shall maintain in strict confidentiality the fact that an employee to has voluntarily sought assistance from the designated laboratoryVillage’s EAP. In Seeking confidential assistance from the case of an applicant for employment or follow up testing the individual shall appear at the designated laboratory at the time instructed by the Human Resources Division or hiring department. The subject (employee or applicant) will be interviewed by laboratory personnel prior to the sample collection to determine whether the subject is currently using drugs under medical supervision and/or taking over the counter medications which might reasonably impact the test. The room where the sample is obtained must be private and secure. Documentation shall be maintained that the area has been searched and is free of any foreign substance. For all general employees, CDL holders, and individuals tested under the reasonable suspicion standard an observer Village’s EAP shall not be present when the sample is collected. Procedural actions shall be taken in all tests to ensure the sample is from the subject and was actually passed at the time noted on the record. In the case of job applicants grounds for uniformed Fire and Police (under separate policy), an observer of the same sex shall be present when the urine sample is taken. Processing Urine Samples: Each step in the collection and processing of the urine specimen shall be documented to establish procedural integrity and the chain of custody. When requested for CDL holders, testing shall be under SAMHSA (Substance Abuse and Mental Health Services Administration [formally NIDA standards]) testing procedures and approved laboratories. Unless specifically noted as in testing for uniformed police officers (under separate policy) or pre-employment tests for firefighters, all testing will be done using SAMHSA procedures and threshold levels. Uniformed Police and Fire pre-employment testing will be done according to the drug/alcohol testing protocols that are on file in the office of the Human Resources Manager. Confirmation testing will be conducted using Gas Chromatography-Mass Spectrometry. The urine sample shall be retained for 12 months by proper storage method to allow for further testing if necessary. Specimen samples shall be sealed and labeled. Samples shall be stored in a secure and refrigerated atmosphere. A large enough sample will be taken to allow for a second, follow- up test. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. Any applicant or employee providing false information about a urine or breath specimen or who attempts to contaminate such sample shall be subject to removal from consideration for hiring or termination. DRUGS TESTED: The laboratory shall test for the following drugs at levels that meet or exceed the SAMHSA specified threshold in effect at the time of the test. The list of drugs and specified thresholds for screening level and confirmation level are published by SAMHSA and available in Human Resources or at the laboratory. Drug Amphetamines Cocaine Metab. Opiates PCP (Phencyclidine) THC (Marijuana) Alcohol* If SAMHSA should increase or decrease the above list of drugs, the City will utilize the SAMHSA list in effect at the time of the test. * Tested through an evidentiary breathalyzer instrument at a level of .02 alcohol/breath concentration or greater, expressed in terms of grams per 210 liters of breath. RESULTS OF DRUG TESTING: The laboratory will review the results of the test and determine if the sample contains any illegal drug or legal drug or alcohol at levels that would cause impairment or reveal its use in an illegal manner. The lab director will also review the medical history made available by the subject when a confirmed positive test could have resulted from a legally prescribed medication. For all CDL holders, mechanics and City employees, the results shall be forwarded immediately to the City designated Medical Review Officer (MRO) for further review. The Human Resources Division will send a copy of the drug testing results to the employee's home addressdisciplinary action.

Appears in 1 contract

Samples: Memorandum of Agreement

DRUG AND ALCOHOL TESTING. A The City may require a blood test, breathalyzer, urinalysis, or other drugƒalcohol test of any employee whom the City reasonably suspects of using or being under the influence of a drug or alcohol in such a manner as to affect hisƒher work or performance in any manner. The City may at its discretion randomly test under this policy is a urinalysis (for drugs) and an evidential breathalyzer test (for alcohol) administered under approved conditions and procedures conducted 25% of the union membership per fiscal year. Selection for the sole purpose union membership to be tested will be as follows: The names of detecting the union membership shall be listed alphabetically and shall be numbered consecutively commencing with the number one (1). A number shall be placed in a container representing each number assigned to each union member. After the numbers are placed in the container, they shall be drawn one at a time from the container after they have been thoroughly shaken and mixed. The union member corresponding to the first number drawn shall be the first member tested. The City of Mt. Xxxxxx will determine the number of union members to be tested up to the maximum of 25% of the union membership per fiscal year. A union representative and the City Manager or his designee shall be present at the selection of union member to be tested. Employees who are called into work after hours have the right of refusal of overtime if they feel that they are incapacitated or impaired due to influence of drugs and or alcohol. Other methods It is the employees’ responsibility to detect notify their Department Head of their reason for refusing overtime. Employees would retain their position on the presence overtime call out list if they disclose the reason for refusal. If the employee reports to work under the influence of drugs or alcohol, the employee would be subject to drug testing as outlined in this section. Union members who are injured on the job which involves medical treatment; has an incident in which another person is injured which involves medical treatment; involved in an incident that results in damage estimated by their Department Head, at the accident scene, to be over $500.00 to City vehicle or equipment; andƒor to any damage to the general public’s property shall immediately submit to drug testing. An alcohol test which reveals a concentration of 0.05% (50 mgƒdl) of alcohol in the employee's blood stream will be considered conclusive evidence that the employee was "under the influence" of alcohol within the meaning of this drug−free workplace policy. Evidence of a lesser concentration of alcohol may also be added considered along with other evidence indicating impairment in any degree. The testing laboratory shall be certified to perform tests under the Mandatory Guidelines for Federal Workplace Testing Programs in effect at a later date if approved that time (hereinafter called "Guidelines"). Positive drug test cut−off levels shall be established by the FHWA, including blood/alcohol Department of Health and saliva Human Services (HHS) and published in the guidelines entitled “Mandatory Guidelines for Federal Workplace Drug Testing Programs”. Test levels are subject to change by the Department of Health and Human Services as advances in technology or considerations warrant identification of substances at other concentrations. In−house breathalyzer and drug screens may be administered for the preliminary screening of post−accident tests. The Department Head or his designee will conduct the in−house tests. A Union Xxxxxxx shall be present for in−house test. If the test results are positive for drugs or alcohol then the employee will go to a medical clinic or lab for certified post−accident testing. If the test results are negative for drugs or alcohol, no further tests will be conducted by a City appointed medical laboratory and paid for by the City. SUBJECT: An employee ordered to submit to a test or an applicant for employment directed to test by the Human Resources Division or hiring department. Obtaining a Urine Sample: Following authorization for administered unless there is reasonable suspicion or post-accident drug testing, for a certified test. No employment decision made solely on the supervisor or other authorized person will transport the employee to the designated laboratoryin−house test. In the case of an applicant for employment or follow up testing the individual shall appear at the designated laboratory at the time instructed by the Human Resources Division or hiring department. The subject (employee or applicant) will be interviewed by laboratory personnel prior to the sample collection to determine whether the subject is currently using drugs under medical supervision and/or taking PBT − Portable Breath Tests & over the counter medications which might reasonably impact the test. The room where the sample is obtained must be private and secure. Documentation shall be maintained that the area has been searched and is free of any foreign substance. For all general employees, CDL holders, and individuals tested under the reasonable suspicion standard an observer shall not be present when the sample is collected. Procedural actions shall be taken in all tests 12 to ensure the sample is from the subject and was actually passed at the time noted on the record. In the case of job applicants for uniformed Fire and Police (under separate policy), an observer of the same sex shall be present when the urine sample is taken. Processing Urine Samples: 14 panel drug tests) Each step in the collection certified laboratory collecting and processing of the urine specimen specimens shall be documented to establish procedural integrity and the chain of custodycustody and shall remain independent of the City. When requested for CDL holdersWhere a positive result is confirmed, testing urine specimens shall be under SAMHSA (Substance Abuse and Mental Health Services Administration [formally NIDA standards]) testing procedures and approved laboratories. Unless specifically noted as maintained in testing secured, refrigerated storage for uniformed police officers (under separate policy) or pre-employment tests for firefighters, all testing will be done using SAMHSA procedures and threshold levels. Uniformed Police and Fire pre-employment testing will be done according to a 72−hour period after the drug/alcohol testing protocols that are on file in the office employee is notified of the Human Resources Managerresults. Confirmation testing will be conducted using Gas Chromatography-Mass Spectrometry. The urine sample shall be retained for 12 months by proper storage method to allow for further testing if necessary. Specimen samples shall be sealed and labeled. Samples shall be stored in a secure and refrigerated atmosphere. A large enough sample will be taken to allow If an employee is scheduled for a second, follow- up test. Any sample which has been adulterated drug or is shown to be a substance other than urine shall be reported as such. Any applicant or employee providing false information about a urine or breath specimen or who attempts to contaminate such sample shall be subject to removal from consideration for hiring or termination. DRUGS TESTED: The laboratory shall alcohol test for the following drugs at levels that meet or exceed the SAMHSA specified threshold in effect at the time of the test. The list of drugs and specified thresholds for screening level and confirmation level are published by SAMHSA and available in Human Resources or at the laboratory. Drug Amphetamines Cocaine Metab. Opiates PCP (Phencyclidine) THC (Marijuana) Alcohol* If SAMHSA should increase or decrease the above list of drugsduring hisƒher regularly scheduled work shift, the City will utilize pay the SAMHSA list in effect at the employee for time of the test. * Tested through an evidentiary breathalyzer instrument at a level of .02 alcohol/breath concentration or greaterlost from such scheduled work for that day, expressed in terms of grams per 210 liters of breath. RESULTS OF DRUG TESTING: The laboratory will review the results of the test and determine if the sample contains any illegal drug or legal drug or alcohol at levels that would cause impairment or reveal its use in an illegal manner. The lab director will also review the medical history made available by the subject when a confirmed positive test could have resulted from a legally prescribed medication. For all CDL holders, mechanics and City employees, the results shall be forwarded immediately to the City designated Medical Review Officer (MRO) for further review. The Human Resources Division will send a copy of the drug testing results to provided the employee's home addresstest results are negative and the employee was not otherwise subject to disciplinary suspension at that time.

Appears in 1 contract

Samples: Agreement

DRUG AND ALCOHOL TESTING. A Purpose: The City recognizes that employees that have used alcohol and drugs may be able to be rehabilitated to return as productive employees. To this end, the City establishes a policy that alcohol and drug test under this policy usage is a treatable condition. We value our employees and therefore will provide a one-chance option for rehabilitation if an employee tests positive for alcohol or drugs. However, if the severity of the incident warrants termination in the sole judgment of the City, we reserve the right to discharge an employee from City employment without offering a rehabilitation program. Policy: Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and may result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the employer if they are using prescriptions or other over-the-counter drugs they know, or reasonably should know, may impair their ability to perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances, the employer may request the employee provide written medical authorization to perform various essential job functions from a physician while using such drugs. A voluntary request by an employee for assistance with their alcohol or drug abuse problem will remain confidential and shall not be used as the basis for a last chance agreement or disciplinary action, provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. Where a supervisory employee has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs or is using illegal drugs, the employee in question will be asked to submit to discovery testing including breath tests, urinalysis (and/or a blood screen to identify any involvement with alcohol or illegal drugs. Reasonable suspicion shall be based on specific, contemporaneous, and articuable observations concerning the appearance, behavior, speech, or body odors of the employee. Possession of alcohol or a controlled substance while on duty is a prohibited behavior and will, at a minimum, result in reasonable suspicion testing. An employee who refuses to submit to discovery testing for drugs) and alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an evidential breathalyzer test (for alcohol) administered under approved conditions and procedures conducted illegal drug for the sole purpose of detecting drugs and alcoholadministering this article. Other methods to detect the presence of alcohol may be added at a later date if approved by the FHWA, including blood/alcohol and saliva tests. The test will be conducted by a City appointed medical laboratory and paid for by the City. SUBJECT: An employee ordered Refusal to submit to a City-ordered alcohol or drug test or an applicant for employment directed refusal to sign the required test by forms, shall constitute as the Human Resources Division same as falsifying, tampering, obstructing the testing process, or hiring department. Obtaining a Urine Sample: Following authorization for reasonable suspicion or post-accident drug testing, the supervisor or other authorized person will transport the employee to the designated laboratory. In the case of an applicant for employment or follow up testing the individual shall appear at the designated laboratory at the time instructed by the Human Resources Division or hiring department. The subject (employee or applicant) will be interviewed by laboratory personnel prior to contaminating the sample collection to determine whether the subject is currently using drugs under medical supervision and/or taking over the counter medications which might reasonably impact the testand shall result in termination, without a last chance process for rehabilitation or treatment. The room where the sample is obtained must be private and secure. Documentation shall be maintained that the area has been searched and is free of any foreign substance. For all general employees, CDL holders, and individuals tested under the reasonable suspicion standard an observer shall not be present when the sample is collected. Procedural actions shall be taken in all tests to ensure the sample is from the subject and was actually passed at the time noted on the record. In the case of job applicants for uniformed Fire and Police (under separate policy), an observer of the same sex shall be present when the urine sample is taken. Processing Urine Samples: Each step in the collection and processing of the urine specimen shall be documented to establish procedural integrity and the chain of custody. When requested for CDL holders, testing shall be under SAMHSA (Substance Abuse and Mental Health Services Administration [formally NIDA standards]) testing procedures and approved laboratories. Unless specifically noted as in testing for uniformed police officers (under separate policy) or pre-employment tests for firefighters, all testing will be done using SAMHSA procedures and threshold levels. Uniformed Police and Fire pre-employment testing will be done according to the drug/alcohol testing protocols that are on file in the office of the Human Resources Manager. Confirmation testing will be conducted using Gas Chromatography-Mass Spectrometry. The urine sample shall be retained for 12 months by proper storage method to allow for further testing if necessary. Specimen samples shall be sealed and labeled. Samples shall be stored in a secure and refrigerated atmosphere. A large enough sample will be taken to allow for a second, follow- up test. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. Any applicant or employee providing false information about a urine or breath specimen or who attempts to contaminate such sample shall be subject to removal from consideration for hiring or termination. DRUGS TESTED: The laboratory shall test for the following drugs at levels that meet or exceed the SAMHSA specified threshold in effect at the time of the test. The list of drugs and specified thresholds for screening level and confirmation level are published by SAMHSA and available in Human Resources or at the laboratory. Drug Amphetamines Cocaine Metab. Opiates PCP (Phencyclidine) THC (Marijuana) Alcohol* If SAMHSA should increase or decrease the above list of drugs, the City will utilize the SAMHSA list in effect at the time of the test. * Tested through an evidentiary breathalyzer instrument at a level of .02 alcohol/breath concentration or greater, expressed in terms of grams per 210 liters of breath. RESULTS OF DRUG TESTING: The laboratory will review the results of the test drug or alcohol tests are positive, and determine if support a conclusion that the sample contains any employee used an illegal drug or legal drug alcohol, or alcohol at levels that would cause impairment reported to work while under the influence of drugs or reveal its use in an illegal manner. The lab director will also review the medical history made available by the subject when a confirmed positive test could have resulted from a legally prescribed medication. For all CDL holders, mechanics and City employeesalcohol, the results shall employee may be forwarded immediately subject to the City designated Medical Review Officer (MRO) for further review. The Human Resources Division will send a copy of the drug testing results to the employee's home addressdiscipline including immediate discharge.

Appears in 1 contract

Samples: Agreement

DRUG AND ALCOHOL TESTING. A drug test under this policy is Bargaining Unit Members who perform safety-sensitive functions will be subject to testing pursuant to FHWA and FTA regulations. Any testing procedures utilized by the City will conform with applicable federal and state requirements, and the City will conduct the appropriate tests required by applicable law to determine if a urinalysis (for drugs) and an evidential breathalyzer test (for alcohol) administered under approved conditions and procedures conducted for the sole purpose of detecting drugs and alcohol. Other methods to detect the presence Bargaining Unit Member has in his/her system a prohibited level of alcohol may or controlled substances. Pursuant to this policy, any employee who tampers with, falsifies, substitutes, or alters a urine sample, or breath test, or who attempts to do so, shall be added at a later date if approved by the FHWAsubject to disciplinary action, up to and including blood/alcohol and saliva testsdischarge. The test City will adhere to all required standards of confidentiality. Testing records and results will be conducted by released only to those authorized to receive such information. As a City appointed medical laboratory general policy, drug and paid for by the City. SUBJECT: An employee ordered to submit to a test or an applicant for employment directed to test by the Human Resources Division or hiring department. Obtaining a Urine Sample: Following authorization for reasonable suspicion or post-accident drug testing, the supervisor or other authorized person will transport the employee to the designated laboratory. In the case of an applicant for employment or follow up testing the individual shall appear at the designated laboratory at the time instructed by the Human Resources Division or hiring department. The subject (employee or applicant) will be interviewed by laboratory personnel prior to the sample collection to determine whether the subject is currently using drugs under medical supervision and/or taking over the counter medications which might reasonably impact the test. The room where the sample is obtained must be private and secure. Documentation shall be maintained that the area has been searched and is free of any foreign substance. For all general employees, CDL holders, and individuals tested under the reasonable suspicion standard an observer shall not be present when the sample is collected. Procedural actions shall be taken in all tests to ensure the sample is from the subject and was actually passed at the time noted on the record. In the case of job applicants for uniformed Fire and Police (under separate policy), an observer of the same sex shall be present when the urine sample is taken. Processing Urine Samples: Each step in the collection and processing of the urine specimen shall be documented to establish procedural integrity and the chain of custody. When requested for CDL holders, testing shall be under SAMHSA (Substance Abuse and Mental Health Services Administration [formally NIDA standards]) testing procedures and approved laboratories. Unless specifically noted as in testing for uniformed police officers (under separate policy) or pre-employment tests for firefighters, all testing will be done using SAMHSA procedures and threshold levels. Uniformed Police and Fire pre-employment testing will be done according to the drug/alcohol testing protocols that are on file in the office of the Human Resources Manager. Confirmation testing will be conducted using Gas Chromatography-Mass Spectrometryoff the City premises. The Normally, administration of breath tests for alcohol will be performed concurrently with urine sample shall be retained for 12 months by proper storage method collections. However, the City reserves the right to allow for further testing if necessaryadminister breath tests separately from urine collections and to administer breath tests and/or urine collections on City premises. Specimen samples shall be sealed Where an employee holding a commercial drivers license and labeled. Samples shall be stored serving in a secure position which performs safety-sensitive functions unilaterally and refrigerated atmosphere. A large enough sample will be taken voluntarily discloses to allow the employer that he or she requires treatment for a secondthe abuse and/or misuse of alcohol and controlled substances (drugs), follow- up test. Any sample which has been adulterated or is shown to be a substance other than urine he/she shall be reported as such. Any applicant or employee providing false information about a urine or breath specimen or who attempts to contaminate such sample shall not, by virtue of said disclosure, be subject to removal from consideration discipline, but rather, shall be referred to an employee assistance program for hiring or terminationtreatment. DRUGS TESTED: The laboratory If it should be determined that the above-referenced employee may not continue to perform safety-sensitive functions, the employee shall test be reassigned to a lower classification for which the employee is qualified and compensated at the rate established for the following drugs at levels that meet or exceed the SAMHSA specified threshold in effect at the time top step of the testlower classification provided there is no increase in pay. The list Provided, however, that for the first thirty (30) calendar days of drugs reassignment there shall not be a reduction in the employees hourly rate of pay and specified thresholds he/she may continue to perform non-safety sensitive functions within his/her job description. Additionally, for screening level and confirmation level are published by SAMHSA and available sixty (60) calendar days thereafter (a total of ninety (90) calendar days following reassignment) the employees hourly rate of pay shall be reduced to the top step of a lower classification. Where an employee cannot continue to perform “safety sensitive functions” as a result of the employee’s non-work related loss of licensure resulting from police action, the employee, notwithstanding the provisions set forth in Human Resources or at subparagraph (a) above, upon reassignment to a lower classification, of which he/she qualifies, shall for a period of not more than 180 calendar days, be reduced to the laboratoryhighest step of that lower classification. Drug Amphetamines Cocaine Metab. Opiates PCP (Phencyclidine) THC (Marijuana) Alcohol* If SAMHSA should increase or decrease Where the above list restriction/loss of drugslicenser extends beyond 180 calendar days, the City will utilize may place the SAMHSA list in effect at the time of the test. * Tested through an evidentiary breathalyzer instrument at a level of .02 alcohol/breath concentration or greater, expressed in terms of grams per 210 liters of breath. RESULTS OF DRUG TESTING: The laboratory will review the results of the test and determine if the sample contains any illegal drug or legal drug or alcohol at levels that would cause impairment or reveal its use employee in an illegal manner. The lab director will also review unpaid status for no more than one year from date of incident and temporarily fill the medical history made available by the subject when a confirmed positive test could have resulted from a legally prescribed medication. For all CDL holders, mechanics and City employees, the results shall be forwarded immediately to the City designated Medical Review Officer (MRO) for further review. The Human Resources Division will send a copy of the drug testing results to the employee's home addressvacancy internally or via an outside contract.

Appears in 1 contract

Samples: Working Agreement

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