Common use of Mandatory Testing Clause in Contracts

Mandatory Testing. A. Where the City has reasonable suspicion to believe that an employee is under the influence of any alcoholic intoxicants or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the body, the City may require that the employee immediately consent and submit to field impairment tests, blood, urine or breathalyzer test. The City shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall subject an employee to immediate termination. B. When the employee is notified that he or she is required to consent and submit to such tests, or searches as described in Section 32.10 of this Article, he or she may request the presence of a Union representative to witness the tests or searches. The tests or searches may not be unduly delayed for more than one hour in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches. The presence of a representative shall not disrupt or interfere with the tests or searches. C. Before a supervisor, acting on behalf of the City under this policy, may require an employee to consent and submit to any test(s) specified in this section, or to search(s) specified in Section 32.10 which require reasonable suspicion, the supervisor must first obtain concurrence from the supervisor's department head or his designee that the information available to the City about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as a result of such test(s) or search(s). D. The employee shall give consent to a blood, urine or breathalyzer test by signing a consent form. The form shall contain the following information: 1. Employee's consent to release test results to the City; 2. The procedure for confirming an initial positive test result for a controlled substance, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substance, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above 5. A listing provided by the employee of legally prescribed and over-the-counter medications which may be in the employee's body; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol; 7. The consequences of refusing to consent to the blood, urine or breathalyzer test. E. In the event that the blood or urine test results are positive for controlled substance(s), including marijuana, the City shall require that a second confirmatory test from the same sample be conducted, using gas chromatography mass spectrograph techniques or equivalent which also must be positive before concluding the employee has such substance(s) present in their body. F. If a blood or confirmed urine test is positive, the City will instruct the laboratory to retain the blood or urine sample for a period of not less than 30 calendar days from the date the tests are complete for the purpose of allowing the employee to conduct an independent test at his or her own expense at a laboratory approved by the City. G. The procedures followed under this Article to obtain, hold and store blood and urine samples and to conduct laboratory tests shall be documented to establish procedural integrity and chain of evidence. Such procedures shall be administered with due regard for the employee's privacy and the need to maintain the confidentiality of test results to an extent which is not inconsistent with the needs of this Policy. The employee shall be notified of the results of all tests conducted pursuant to this Policy. H. Nothing in this Article is intended to establish the City's right to conduct random blood or urine testing to detect the presence of alcohol or controlled substances, or to conduct such tests on any basis other than reasonable suspicion as described in Section 32.7 of this Article.