Common use of DRUG AND ALCOHOL TESTING PROGRAM Clause in Contracts

DRUG AND ALCOHOL TESTING PROGRAM. A. The city of Elko has a responsibility to its employees and the public to ensure safe working conditions for its employees by employing a City work force unimpaired by chemical substance abuse. The City of Elko also has a responsibility to create a drug free workplace, pursuant to the Drug Free Workplace Act of 1998. 1. Officers who suspect they may have a substance abuse problem are encouraged to voluntarily seek evaluation and treatment. Officers may request assistance through their supervisor or through the Human Resources Department; however rehabilitation itself is the responsibility of the Officer. B. The City of Elko and the Association shall implement and carry out a drug and alcohol testing program that is consistent with the provisions established in the Elko Police Department Manual, as may be modified or revised during the term of this agreement. C. The parties agree that Officers may be tested for drugs and/or alcohol at any time based upon reasonable suspicion by a supervisor 1. When any supervisor has reasonable suspicion and has documented and confirmed with the Police Chief, or designee, that the specific observation constitutes reasonable suspicion or has obtained a confirming observation that an Officer may be under the influence of alcohol or drugs, the employee in question will be asked to submit to testing which may include saliva testing, breath test, urinalysis, a blood test or a combination of these testing methods, to determine the involvement with alcohol or drugs. A positive result on a screening test must be confirmed with a more accurate test. a. Reasonable suspicion testing may be based upon, among other things, observable indicators such as direct observation of alcohol and/or drug use or possession; physical symptoms of being under the influence of alcohol and/or drugs; a pattern of abnormal conduct or erratic behavior; or arrest and/or conviction for an alcohol and/or drug related offense. 2. When an officer has been involved in a workplace accident or incident resulting in the death of another person, medical treatment other than first-aid, loss of consciousness, or property damage exceeding $500, the Officer in question will be asked to submit to testing of the officers choice which may include saliva testing, a breath test, urinalysis, a blood test or a combination of these testing methods, to determine the involvement with alcohol or drugs. If the officer chooses a Breath test, a supervisor will be called and asked to administer a Preliminary Breath Test and make general observations about whether the officer appears to be under the influence of alcohol or a controlled substance. If that supervisor reasonably believes that the officer is under the influence of alcohol or a controlled substance, reasonable suspicion exists. A positive result on a screening test must be confirmed with a more accurate test. 3. An Officer who refuses to submit to discovery testing for drugs and/or alcohol following a workplace accident or when reasonable suspicion exists will be subject to disciplinary action, up to and including termination. ▇. ▇▇ Officer who is found to be under the influence of or impaired by alcohol or illegal drugs as a result of a positive test will be removed from his/her position and placed on paid administrative leave pending an internal investigation. E. Officers assigned to special assignments involving the use of alcohol and/or drugs are exempt from the testing requirements outlined in this article. However, assignments of this nature must qualify as an approved police function. F. Nothing in this article shall prevent the City of Elko from administering disciplinary action for any job performance or behavior that would otherwise be considered just cause for disciplinary action.

DRUG AND ALCOHOL TESTING PROGRAM. A. The city of Elko has a responsibility to its employees and the public to ensure safe working conditions for its employees by employing a City work force unimpaired by chemical substance abuse. The City of Elko also has a responsibility to create a drug free workplace, pursuant to the Drug Free Workplace Act of 1998. 1. Officers who suspect they may have a substance abuse problem are encouraged to voluntarily seek evaluation and treatment. Officers may request assistance through their supervisor or through the Human Resources Department; however rehabilitation itself is the responsibility of the Officer. B. The City of Elko and the Association shall implement and carry out a drug and alcohol testing program that is consistent with the provisions established in the Elko Police Department Manual, as may be modified or revised during the term of this agreement. C. The parties agree that Officers may be tested for drugs and/or alcohol at any time based upon reasonable suspicion by a supervisor 1. When any supervisor has reasonable suspicion and has documented and confirmed with the Police Chief, or designee, that the specific observation constitutes reasonable suspicion or has obtained a confirming observation that an Officer may be under the influence of alcohol or drugs, the employee in question will be asked to submit to testing which may include saliva testing, breath test, urinalysis, a blood test or a combination of these testing methods, to determine the involvement with alcohol or drugs. A positive result on a screening test must be confirmed with a more accurate test. a. Reasonable suspicion testing may be based upon, among other things, observable indicators such as direct observation of alcohol and/or drug use or possession; physical symptoms of being under the influence of alcohol and/or drugs; a pattern of abnormal conduct or erratic behavior; or arrest and/or conviction for an alcohol and/or drug related offense. 2. When an officer has been involved in a workplace accident or incident resulting in the death of another person, medical treatment other than first-aid, loss of consciousness, or property damage exceeding $500, the Officer in question will be asked to submit to testing of the officers choice which may include saliva testing, a breath test, urinalysis, a blood test or a combination of these testing methods, to determine the involvement with alcohol or drugs. If the officer chooses a Breath test, a supervisor an officer from another agency will be called and asked to administer a Preliminary Breath Test and make general observations about whether the officer appears to be under the influence of alcohol or a controlled substance. If that supervisor officer reasonably believes that the officer is under the influence of alcohol or a controlled substance, reasonable suspicion exists. A positive result on a screening test must be confirmed with a more accurate test. 3. An Officer who refuses to submit to discovery testing for drugs and/or alcohol following a workplace accident or when reasonable suspicion exists will be subject to disciplinary action, up to and including termination. ▇. ▇▇ D. An Officer who is found to be under the influence of or impaired by alcohol or illegal drugs as a result of a positive test will be removed from his/her position and placed on paid administrative leave pending an internal investigation. E. Officers assigned to special assignments involving the use of alcohol and/or drugs are exempt from the testing requirements outlined in this article. However, assignments of this nature must qualify as an approved police function. F. Nothing in this article shall prevent the City of Elko from administering disciplinary action for any job performance or behavior that would otherwise be considered just cause for disciplinary action.