Common use of ALCOHOL AND DRUG TESTING PROGRAM Clause in Contracts

ALCOHOL AND DRUG TESTING PROGRAM. The Oregon City School District will pay for required alcohol and drug testing expenses, as afforded by law. Bus drivers required to be tested, when drug testing slip is handed to said driver during regular working hours, will be paid maximum of 2 hours for time involved in testing. This time will be paid at his/her regular rate. On the first occurrence that a bargaining unit member’s test is positive for drugs and/or alcohol (as defined by law), the bargaining unit member shall be required to attend a rehabilitation treatment program. The bargaining unit member shall be afforded his/her available sick leave and/or a medical unpaid leave at his/her request. The bargaining unit member undergoing testing has the right to have the union representative with him/her if he/she feels it is warranted. In the event of a grievance, test results may be released to the school bus driver and the union representative provided the driver has given his/her written consent. The Oregon City School District must require a driver to submit to an alcohol/controlled substance test when the employer has reasonable suspicion to believe the driver has violated the alcohol or controlled substance prohibitions. The district will ensure that the administrator’s/supervisor’s determination that reasonable suspicion exists to require a drug and/or alcohol test must be based on specific, contemporaneous, articulate observations by a trained administrator/supervisor (minimal 2 hour alcohol/1 hour controlled substance) concerning the appearance, behavior, speech, or body odors of the bargaining unit member. The administrator/supervisor must directly observe the behavior in question and may not rely on third- party reports of alcohol and drug misuse. An independent administrator shall conduct this test. If an independent administrator is not available, local law enforcement officials will be contacted to administer the test. If a bargaining unit member’s alcohol test results in a reading at or above .04, that bargaining unit member shall receive a written reprimand, a twenty-four (24) hour unpaid suspension, and be required to attend a Bargaining unit member Assistance Program. Transportation for Reasonable Suspicion Testing will be provided the bargaining unit member. Consequences for violation of the DOT/FHWA Alcohol and Substance regulations will be enforced. Suspensions and terminations shall be subject to the grievance procedure.