Common use of Circumstances When Testing May be Required Clause in Contracts

Circumstances When Testing May be Required. The Employer may require an employee to submit to alcohol and/or drug testing under any of the following circumstances: A. As part of the initial screening process for employment applicants. B. As required by the Federal Highway Administration, Department of Transportation, Omnibus Transportation Employee Testing Act of 1991 (OTETA). C. When an employee is promoted; provided that only the employee selected for promotion shall be tested; and provided further that a drug test under this subsection shall not be conducted if the employee promoted has had a negative drug test within the past six (6) months. D. When one or two managerial and/or supervisory employees make the observation and determine that there is reasonable suspicion that an employee is using, or under the influence of a controlled substance/drug while on duty, or that the employee is abusing alcohol or controlled substance/drugs and the abuse either adversely affects his job performance or represents a threat to the safety of the employee, his co-workers, or the public, and the basis for the reasonable suspicion is communicated to a Union representative; provided that if, after reasonable efforts, the supervisory/managerial employees are unable to contact a Union representative within one (1) hour, the employee may be required to submit to testing. E. When an employee who is operating a City vehicle, or operating any vehicle while on City business, is involved in an accident involving personal injury or property damage which could result in liability of, or loss to, the Employer. F. At any time within one year after an employee has been counseled or otherwise disciplined because of a problem with alcohol or controlled substance/drugs, or within one year after an employee has tested positive for the presence of alcohol or illegal drugs. No employee shall be tested more than one time per year under this provision, unless a rehabilitation or aftercare program specifies more frequent testing. G. As part of a Random Drug and Alcohol Testing Program applicable to employees in safety-sensitive positions in accordance with criteria set forth in Appendix C. Management’s designation of a position as “safety-sensitive” shall be subject to appeal to the Director of Employee Services, or designee, whose decision may be subject to arbitration. An employee who disputes the safety-sensitive designation of his/her position shall be required to submit a sample in accordance with testing procedures but the results of the test shall be sealed until the dispute has been resolved. H. In determining a position to be “safety sensitive”, consideration will be given to “safety sensitive,” as defined in Chapter 112, Florida Statutes.

Circumstances When Testing May be Required. The Employer may require an employee to submit to alcohol and/or drug testing under any of the following circumstances: A. As part of the initial screening process for employment applicants. B. As required by the Federal Highway Administration, Department of Transportation, Omnibus Transportation Employee Testing Act of 1991 (OTETA). C. When an employee is promoted; provided that only the employee selected for promotion shall be tested; and provided further that a drug test under this subsection shall not be conducted if the employee promoted has had a negative drug test within the past six (6) months. D. When one or two managerial and/or supervisory employees make the observation and determine that there is reasonable suspicion that an employee is using, or under the influence of a controlled substance/drug while on duty, or that the employee is abusing alcohol or controlled substance/drugs and the abuse either adversely affects his job performance or represents a threat to the safety of the employee, his co-workers, or the public, and the basis for the reasonable suspicion is communicated to a Union representative; provided that if, after reasonable efforts, the supervisory/managerial employees are unable to contact a Union representative within one (1) hour, the employee may be required to submit to testing. E. When an employee who is operating a City vehicle, or operating any vehicle while on City business, is involved in an accident involving personal injury or property damage which could result in liability of, or loss to, the Employer. F. At any time within one year after an employee has been counseled or otherwise disciplined because of a problem with alcohol or controlled substance/drugs, or within one year after an employee has tested positive for the presence of alcohol or illegal drugs. No employee shall be tested more than one time per year under this provision, unless a rehabilitation or aftercare program specifies more frequent testing. G. As part of a Random Drug and Alcohol Testing Program applicable to employees in safety-sensitive positions in accordance with criteria set forth in Appendix C. Management’s designation of a position as “safety-sensitive” shall be subject to appeal to the Director of Employee Services, or designee, whose decision may be subject to arbitration. An employee who disputes the safety-sensitive designation of his/her position shall be required to submit a sample in accordance with testing procedures procedures, but the results of the test shall be sealed until the dispute has been resolved. H. In determining a position to be “safety sensitive”, consideration will be given to “safety sensitive,” as defined in Chapter 112, Florida Statutes.