DRUG AND ALCOHOL TESTING PROGRAM. A. Every employee in the District is expected to render service without being impaired by or under the influence of alcohol or drugs of any kind. The safety and health of students, staff and the public require that every reasonable precaution be taken to discourage substance abuse and prohibit impaired individuals from rendering service in the District. B. The Superintendent shall implement procedures aimed at establishing and maintaining a drug and alcohol free environment. These procedures shall include: 1. Pre-employment drug and alcohol screening for all potential employees. Any applicant whose test for drugs or alcohol is positive shall be given reasonable opportunity to challenge or explain the results. In the event test results are confirmed and no further medical justification exists for a drug disqualification, the applicant may reapply for new position vacancies after a period of six (6) months has elapsed. 2. Pre-promotional drug screening shall be required for employees seeking promotion. Any employee whose test for drugs or alcohol is positive shall be disqualified for the promotion, and shall be treated as an employee under the provisions of Paragraph C (2), (3), and (4) of this Article. C. Drug or Alcohol Testing may be required for any employee for cause as directed by the Superintendent or the Superintendent's designee. Any designated individual who issues the requirement for the testing of employees for drugs or alcohol must have received training in the identification of persons 'under the influence'. Testing may be required whenever the Superintendent or designee determines that there are objective indications of behavior, demeanor, or job performance which create reasonable suspicion that the employee has been impaired by drugs or alcohol while in the scope of employment by or representation of the office; whenever an employee in involved in a work-related accident causing injury to self or others or to property of self or others for which drug or alcohol impairment may reasonably have been a contributing factor; or, with prior notice, during any physical examination regularly required by the Superintendent or under state law for the position. 1. An employee who refuses to cooperate fully an in a timely manner (having regard for the efficacy of the testing procedures) with the requirement to undergo drug or alcohol testing shall be considered insubordinate and subject to existing disciplinary procedures. 2. An employee who tests positively for drugs or alcohol shall be given reasonable opportunity to challenge or explain the results. During the period of any challenge, the employee may be reassigned or relieved of duties with pay. 3. Where the results are confirmed and no medical justification exists for drug or alcohol use, the employee will be given reasonable opportunity to participate in a program of counseling and/or treatment. For this purpose, the District will make available for all employees an employee assistance program (EAP) available through the District's health and welfare benefit carrier. The District's financial obligations for the EAP shall be limited to the premium contributions made by the District on behalf of eligible employees. 4. Where an employee who tests positively declines to participate in a counseling and/or treatment program, or withdraws from a program once begun without satisfactory completion or release, the Superintendent may consider action under existing disciplinary procedures. D. A program of counseling and/or treatment will be approved by the Superintendent as an alternative to immediate disciplinary action provided the following: 1. The employee's performance or conduct while impaired was not so hazardous orotherwise detrimental to the work of the office as to warrant immediate dismissal or suspension. 2. The employee is not subject to suspension under Education Code Section 44940 or any other provision of state law. 3. The counseling and/or treatment shall be at the employee's expense (except where covered by the district's health plan or EAP for employees). 4. The employee continues to work satisfactorily while undergoing counseling or treatment; however, in the case of residential placement, the employee shall be entitled to use sick leave and other leaves where available. 5. The employee continues to participate satisfactorily in the counseling or treatment program. E. As used in this Article, drugs include any controlled substance defined by law, any prescription or over-the-counter medicine whose intentional misuse may cause impairment or job performance, if the employee's supervisor has not been informed of that potential. F. As used in this Article, drug and alcohol test includes blood, urine, breath, or other chemical tests performed by physicians or professional testing laboratories. Tests shall in all cases be conducted under strict professional standards, insuring that there will be strict confidentiality and that only scientifically confirmed positive results are reported to the Superintendent. G. All aspects of the testing procedures shall be conducted in the strictest confidence. The result records shall not be maintained in an employee's regular personnel file. Each tested employee is entitled to a copy of the laboratory report of the test results. H. Any test required under this Article shall be conducted at the District's expense. I. The laboratories utilized for the drug or alcohol testing shall be outlined in a Sideletter which shall be incorporated as an appendix to this Agreement. J. The District agrees to provide transportation to a recognized testing site when appropriate. 1. Any statements concerning the use of drugs or alcohol made by an employee being transported to a testing facility shall not be used by the District as part of any disciplinary action. K. The District and CSEA agree that Bus Drivers shall be subject to disciplinary measures for violation(s) of a "Zero Tolerance" policy as related to drug and alcohol testing.
Appears in 1 contract
Sources: Collective Bargaining Agreement
DRUG AND ALCOHOL TESTING PROGRAM. A. Every employee The University and the F.O.P. have a mutual interest in promoting the treatment and rehabilitation of employees involved in the District illegal use of drugs or the abuse of alcohol. A drug and alcohol testing program serves to promote the parties' interest in a drug-free workplace.
B. A member of the bargaining unit may be required to submit to a test to determine the illegal use of drugs or to determine that the employee is expected to render service without being impaired by or under the influence of alcohol or drugs of any kind. The safety and health of students, staff and the public require that every reasonable precaution be taken to discourage substance abuse and prohibit impaired individuals from rendering service in the District.
B. The Superintendent shall implement procedures aimed at establishing and maintaining a drug and alcohol free environment. These procedures shall include:
1. Pre-employment drug and alcohol screening for all potential employees. Any applicant whose test for drugs or alcohol is positive shall be given reasonable opportunity to challenge or explain the results. In the event test results are confirmed and no further medical justification exists for a drug disqualification, the applicant may reapply for new position vacancies after a period of six (6) months has elapsed.
2. Pre-promotional drug screening shall be required for employees seeking promotion. Any employee whose test for drugs or alcohol is positive shall be disqualified for the promotion, and shall be treated as an employee under the provisions of Paragraph C (2), (3), and (4) of this Articlewhile on duty.
C. Drug or Alcohol Testing may Requiring an employee to submit to such a test must be required for any employee for cause as directed by the Superintendent or the Superintendent's designee. Any designated individual who issues the requirement for the testing of employees for drugs or alcohol must have received training in the identification of persons 'under the influence'. Testing may be required whenever the Superintendent or designee determines that there are objective indications of behavior, demeanor, or job performance which create based on a reasonable suspicion that the employee has been impaired by drugs using any drug or narcotic or alcohol while and that this use may present a risk to his/her safety or that of fellow employees or the public. The University also has the right to randomly test bargaining unit employees. Drug and alcohol screening/testing shall be conducted for administrative purposes and the results shall not be used in any criminal proceedings.
D. A supervisor who orders a drug test when there is a reasonable suspicion of the use of any drug, narcotic or alcohol shall forward a report containing the facts and circumstances directly to the Chief of the YSU Police. The employee shall be verbally advised of the reasonable suspicion at the time of the test and receive a written statement of the same reasonable suspicion within twenty-four (24) hours of the test.
E. Test results reporting a presence of alcohol, illegal drugs, or narcotics, or the use of prescription drugs without a prescription, or the abuse of any over-the-counter drugs will be submitted to the Chief of the YSU Police for further action.
F. All drug testing shall be conducted by laboratories certified by the State of Ohio or the federal government. All alcohol breath tests shall be administered by a trained breath alcohol technician. The procedure utilized by the drug testing lab shall include a chain of custody and control and split sample collection and testing.
G. All specimens identified as positive on the initial drug test (screen) shall be confirmed through the use of the gas chromatography/mass spectrometry method of detection, or any other method that is professionally recognized as being as or more accurate than the gas chromatography/mass spectrometry method of detection. In the event the initial and confirmatory test results are positive, the employee is entitled to have the split sample tested in the scope of employment by or representation same manner prescribed above at the employee’s expense. This test will be given the same evidentiary value as the two (2) previous tests. If at any point the results of the office; whenever an employee in involved in a work-related accident causing injury to self or others or to property of self or others for which drug or alcohol impairment may reasonably have been a contributing factor; or, with prior notice, during any physical examination regularly required by the Superintendent or under state law for the position.
1. An employee who refuses to cooperate fully an in a timely manner (having regard for the efficacy of the testing procedures) with the requirement to undergo drug or alcohol testing procedures conducted by the University are negative, all further testing and administrative actions related to drug/alcohol testing shall be considered insubordinate and subject to existing disciplinary proceduresdiscontinued.
2. H. An employee who tests positively for drugs or alcohol shall be given is required to submit to a reasonable opportunity to challenge or explain the results. During the period of any challenge, the employee may be reassigned or relieved of duties with pay.
3. Where the results are confirmed and no medical justification exists for suspicion drug or alcohol use, the employee test will be given reasonable opportunity to participate in a program suspended pending receipt of counseling and/or treatmentthe test results. For this purpose, If the District will make available for all employees an employee assistance program (EAP) available through the District's health and welfare benefit carrier. The District's financial obligations for the EAP shall be limited to the premium contributions made by the District on behalf of eligible employees.
4. Where an employee who tests positively declines to participate in a counseling and/or treatment program, or withdraws from a program once begun without satisfactory completion or release, the Superintendent may consider action under existing disciplinary procedures.
D. A program of counseling and/or treatment will be approved by the Superintendent as an alternative to immediate disciplinary action provided the following:
1. The employee's performance or conduct while impaired test results indicate that he/she was not so hazardous orotherwise detrimental to under the work influence of the office as to warrant immediate dismissal alcohol or suspension.
2. The employee is not subject to suspension under Education Code Section 44940 or any other provision of state law.
3. The counseling and/or treatment shall be at the employee's expense (except where covered by the district's health plan or EAP for employees).
4. The employee continues to work satisfactorily while undergoing counseling or treatment; however, in the case of residential placementillegal drugs, the employee shall be entitled to use sick leave paid for the time he/she was suspended, and other leaves where available.
5. The employee continues to participate satisfactorily no record of the suspension will be maintained in the counseling or treatment program.
E. As used in this Article, drugs include any controlled substance defined by law, any prescription or over-the-counter medicine whose intentional misuse may cause impairment or job performance, if the employee's supervisor has not been informed of that potential.
F. As used in this Article, drug and alcohol test includes blood, urine, breath, or other chemical tests performed by physicians or professional testing laboratories. Tests shall in all cases be conducted under strict professional standards, insuring that there will be strict confidentiality and that only scientifically confirmed positive results are reported to the Superintendent.
G. All aspects of the testing procedures shall be conducted in the strictest confidence. The result records shall not be maintained in an employee's regular personnel file. Each tested An employee is entitled to who has a copy of the laboratory report of the test results.
H. Any test required under this Article shall be conducted at the District's expense.
I. The laboratories utilized for the confirmed, positive drug or alcohol testing shall be outlined in a Sideletter which shall be incorporated as an appendix to this Agreement.
J. The District agrees to provide transportation to a recognized testing site when appropriate.
1. Any statements concerning the use of drugs test (reasonable suspicion, random or alcohol made by an employee being transported to a testing facility shall not be used by the District as part of any disciplinary action.
K. The District and CSEA agree that Bus Drivers shall follow-up) will be subject to disciplinary measures for violation(s) of action. If the employee agrees to enter and successfully complete a "Zero Tolerance" policy as related to drug and alcohol testing.rehabilitation program, the disciplinary action will not exceed thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
DRUG AND ALCOHOL TESTING PROGRAM. A. Every employee The University and the F.O.P. have a mutual interest in promoting the treatment and rehabilitation of employees involved in the District improper use of drugs or the abuse of alcohol. A drug and alcohol testing program serves to promote the parties' interest in a drug-free workplace. All bargaining unit members must abide by University Policy 3356-7-20, Drug-Free Environment.
B. A member of the bargaining unit may be required to submit to a test to determine the improper use of drugs or to determine that the employee is expected to render service without being impaired by or under the influence of alcohol or drugs of any kindwhile on duty. The safety and health of studentstest will be conducted by a medical facility or drug/alcohol testing site, staff and the public require that every reasonable precaution or will be taken to discourage substance abuse and prohibit impaired individuals from rendering service in the District.
B. The Superintendent shall implement procedures aimed at establishing and maintaining conducted on campus by a drug and alcohol free environment. These procedures shall include:
1. Pre-employment drug and alcohol screening for all potential employees. Any applicant whose test for drugs or alcohol is positive shall be given reasonable opportunity to challenge or explain the results. In the event test results are confirmed and no further medical justification exists for a drug disqualification, the applicant may reapply for new position vacancies after a period of six (6) months has elapsed.
2. Pre-promotional drug screening shall be required for employees seeking promotion. Any employee whose test for drugs or alcohol is positive shall be disqualified for the promotion, and shall be treated as an employee under the provisions of Paragraph C (2), (3), and (4) of this Articlerecognized testing agency.
C. Drug or Alcohol Testing may Requiring an employee to submit to such a test must be required for any employee for cause as directed by the Superintendent or the Superintendent's designee. Any designated individual who issues the requirement for the testing of employees for drugs or alcohol must have received training in the identification of persons 'under the influence'. Testing may be required whenever the Superintendent or designee determines that there are objective indications of behavior, demeanor, or job performance which create based on a reasonable suspicion that the employee has been impaired by drugs using any drug, narcotic or alcohol while and that this use may present a risk to their safety or that of fellow employees or the public. Reasonable suspicion standards and testing procedures shall be based on University Policy 3356-7-20, effective December 1, 2016. The University also has the right to randomly test bargaining unit employees. Drug and alcohol screening/testing shall be conducted for administrative purposes and the results shall not be used in any criminal proceedings.
D. A supervisor who orders a drug test when there is a reasonable suspicion of the use of any drug, narcotic or alcohol shall forward a report containing the facts and circumstances directly to the Chief of the YSU Police. The employee shall be verbally advised of the reasonable suspicion at the time of the test and receive a written statement of the same reasonable suspicion within twenty-four (24) hours of the test.
E. Test results reporting a presence of alcohol, illegal drugs, or narcotics, or the use of prescription drugs without a prescription, or the abuse of any over-the-counter drugs will be submitted to the Chief of the YSU Police for further action. Abuse of prescribed medication shall be treated the same as non-prescribed use.
F. All drug testing shall be conducted by laboratories certified by the State of Ohio or the federal government. All alcohol breath tests shall be administered by a trained breath alcohol technician. The procedure utilized by the drug testing lab shall include a chain of custody and control and split sample collection and testing.
G. All specimens identified as positive on the initial drug test (screen) shall be confirmed through the use of the gas chromatography/mass spectrometry method of detection, or any other method that is professionally recognized as being as or more accurate than the gas chromatography/mass spectrometry method of detection. In the event the initial and confirmatory test results are positive, the employee is entitled to have the split sample tested in the scope of employment by or representation same manner prescribed above at the employee’s expense. This test will be given the same evidentiary value as the two (2) previous tests. If at any point the results of the office; whenever an employee in involved in a work-related accident causing injury to self or others or to property of self or others for which drug or alcohol impairment may reasonably have been a contributing factor; or, with prior notice, during any physical examination regularly required testing procedures conducted by the Superintendent University are negative, all further testing and administrative actions related to drug/alcohol testing shall be discontinued.
H. An employee who is required to submit to a reasonable suspicion drug or alcohol test will be suspended pending receipt of the test results or may be assigned duties that will not pose a threat to the employee or any other person until the results of the test are known. If the test results indicate that they were not under state law the influence of alcohol or improper use of drugs, the employee shall be paid for the position.
1time they were suspended, and no record of the suspension will be maintained in the employee's personnel file. However, if an incident (e.g., car accident) is linked to the reasonable suspicion resulting in the testing, a record of the incident shall be placed in the employee’s personnel file. An employee who refuses to cooperate fully an in has a timely manner (having regard for the efficacy of the testing procedures) with the requirement to undergo confirmed, positive drug or alcohol test (reasonable suspicion, random or follow-up) will be subject to disciplinary action. If the employee agrees to enter and successfully complete a rehabilitation program, the disciplinary action will not exceed thirty (30) calendar days for the first offense. Thereafter, for a period of two (2) years, the employee will be subject to periodic follow-up drug testing as well as the reasonable suspicion and random testing defined above.
I. The random testing pool shall be considered insubordinate made up of bargaining unit employees. Random testing may be conducted up to four (4) times in a calendar year and subject may include up to existing disciplinary proceduresthirty percent (30% ) of the pool.
J. A supervisor will order drug and alcohol testing, both urine and breath alcohol, for a bargaining unit member after a vehicle accident while driving a university vehicle or operating university equipment in which one of the following circumstances has occurred:
1. A fatality.
2. An employee who tests positively for drugs or alcohol shall be given reasonable opportunity injury which requires transport to challenge or explain the results. During the period of any challenge, the employee may be reassigned or relieved of duties with paya medical treatment facility.
3. Where the results are confirmed and no medical justification exists for drug or alcohol use, the employee will be given reasonable opportunity to participate in a program of counseling and/or treatment. For this purpose, the District will make available for all employees an employee assistance program (EAP) available through the District's health and welfare benefit carrier. The District's financial obligations for the EAP shall be limited to the premium contributions made by the District on behalf of eligible employeesA traffic citation issued.
4. Where an employee who tests positively declines Disabling damage to participate in a counseling and/or treatment program, one or withdraws more vehicles requires towing from a program once begun without satisfactory completion or release, the Superintendent may consider action under existing disciplinary procedures.
D. A program of counseling and/or treatment will be approved by the Superintendent as an alternative to immediate disciplinary action provided the following:
1. The employee's performance or conduct while impaired was not so hazardous orotherwise detrimental to the work of the office as to warrant immediate dismissal or suspension.
2. The employee is not subject to suspension under Education Code Section 44940 or any other provision of state law.
3. The counseling and/or treatment shall be at the employee's expense (except where covered by the district's health plan or EAP for employees).
4. The employee continues to work satisfactorily while undergoing counseling or treatment; however, in the case of residential placement, the employee shall be entitled to use sick leave and other leaves where availableaccident site.
5. The employee continues Reasonable suspicion, as defined in Article 20, exists to participate satisfactorily in believe the counseling or treatment program.
E. As used in this Article, drugs include any controlled substance defined by law, any prescription or over-the-counter medicine whose intentional misuse may cause impairment or job performance, if the employee's supervisor has not been informed of that potential.
F. As used in this Article, drug and alcohol test includes blood, urine, breath, or other chemical tests performed by physicians or professional testing laboratories. Tests shall in all cases be conducted under strict professional standards, insuring that there will be strict confidentiality and that only scientifically confirmed positive results are reported to the Superintendent.
G. All aspects of the testing procedures shall be conducted in the strictest confidence. The result records shall not be maintained in an employee's regular personnel file. Each tested employee is entitled to a copy of under the laboratory report of the test results.
H. Any test required under this Article shall be conducted at the District's expense.
I. The laboratories utilized for the drug influence. “University vehicle or alcohol testing shall be outlined in a Sideletter which shall be incorporated as an appendix to this Agreement.
J. The District agrees to provide transportation to a recognized testing site when appropriate.
1. Any statements concerning the use of drugs equipment” is any vehicle or alcohol made by an employee being transported to a testing facility shall not be used equipment owned, leased or operated by the District as part of any disciplinary actionUniversity.
K. The District and CSEA agree that Bus Drivers shall be subject to disciplinary measures for violation(s) of a "Zero Tolerance" policy as related to drug and alcohol testing.
Appears in 1 contract
Sources: Collective Bargaining Agreement