Common use of Probable Cause Testing Clause in Contracts

Probable Cause Testing. The Employer and the Union have agreed that drugs and alcohol have no place in the workplace. The Company has the right to implement a Drug and Alcohol Program, which includes a Drug and Alcohol Testing Program. If there is probable cause to believe that an employee has reported to work or is working under the influence of drugs or alcohol, he/she will be asked to submit to the testing procedures agreed to by the Employer and the Union. Probable Cause will include witnessed evidence of impairment by two (2) supervisors. Probable Cause is based on, but not limited to, direct observation of one or all of the following behaviors:  Slurred speech  Disorientation  Odor or alcoholic beverage on breath  Odor of marijuana  Glassy or unusual appearing eyes  Sharp mood swings  Unsteadiness-unable to walk a straight line The witnesses to "Probable Cause" will exercise his/her best efforts to follow the steps as outlined below: 1. The supervisor will meet with the employee in an appropriate area to assure confidentiality. 2. The supervisor will explain to the employee the behavior that has been observed and concern the company has for the employee and the safety of others. 3. The supervisor will explain to the employee the testing procedures that he/she will be asked to submit to and the consequences of refusing to submit to testing will result in the termination of employment. 4. The supervisor will ask the employee to submit to testing. 5. The supervisor will document the employee's behaviors and the employee meeting. An employee from the Employer will drive the employee to the designated testing facility and remain at the facility until the testing procedures have been completed. Arrangements must be made to take the tested employee home. Failure to cooperate with this testing procedure shall be grounds for immediate termination. The designated testing facility will advise the Employer of the results of the standard drug and alcohol test as soon as possible. The employee will remain on suspension until the results are received. Any action taken will be immediately communicated to the Union Agent. To release specific information pertaining to the results of the test to any Union Representative will require written authorization from the employee. Local 665 retains the right to grieve and arbitrate any complaints, which may arise as a result of the testing program.

Probable Cause Testing. The Employer and the Union have agreed that drugs and alcohol have no place in the workplace. The Company has the right to implement a Drug and Alcohol Program, which includes a Drug and Alcohol Testing Program. If there is probable cause to believe that an employee has reported to work or is working under the influence of drugs or alcohol, he/she will be asked to submit to the testing procedures agreed to by the Employer and the Union. Probable Cause will include witnessed evidence of impairment by two (2) supervisors. Probable Cause is based on, but not limited to, direct observation of one or all of the following behaviors:  ⮚ Slurred speech  ⮚ Disorientation  ⮚ Odor or alcoholic beverage on breath  ⮚ Odor of marijuana  ⮚ Glassy or unusual appearing eyes  ⮚ Sharp mood swings  ⮚ Unsteadiness-unable to walk a straight line The witnesses to "Probable Cause" will exercise his/her best efforts to follow the steps as outlined below: 1. The supervisor will meet with the employee in an appropriate area to assure confidentiality. 2. The supervisor will explain to the employee the behavior that has been observed and concern the company has for the employee and the safety of others. 3. The supervisor will explain to the employee the testing procedures that he/she will be asked to submit to and the consequences of refusing to submit to testing will result in the termination of employment. 4. The supervisor will ask the employee to submit to testing. 5. The supervisor will document the employee's behaviors and the employee meeting. An employee from the Employer will drive the employee to the designated testing facility and remain at the facility until the testing procedures have been completed. Arrangements must be made to take the tested employee home. Failure to cooperate with this testing procedure shall be grounds for immediate termination. The designated testing facility will advise the Employer of the results of the standard drug and alcohol test as soon as possible. The employee will remain on suspension until the results are received. Any action taken will be immediately communicated to the Union Agent. To release specific information pertaining to the results of the test to any Union Representative will require written authorization from the employee. Local 665 retains the right to grieve and arbitrate any complaints, which may arise as a result of the testing program.