Common use of Probable Cause Clause in Contracts

Probable Cause. (a) An employee shall be subject to an immediate drug test if probable cause of drug use exists as determined by his/her supervisor, warden or designee. Such drug testing shall be administered by a qualified physician of the Employer's choice. (b) The probable cause standard for drug testing is based upon a specific, objective fact or facts, and reasonable inferences drawn from those facts that are reasonable in light of experience that the individual may be involved in the use of any illegally used drug or controlled substances. Probable cause determinations may be based upon: (1) Observable phenomena, such as the physical symptoms or manifestations of being under the influence of a drug, controlled substance, or marijuana; abnormal or erratic behavior while on duty (i.e., slurred speech, uncoordinated movement, gait, stupor, excessive giddiness, unexplained periods of exhilaration and excitement, impaired judgment, or frequent accidents not attributable to other factors); (2) Arrest, indictment or conviction for drug related offenses or the direct observation of illegal use of drugs on-duty or off-duty or the identification of an employee through an affidavit as being involved directly or indirectly in activities that are the subject of criminal investigation into illegal drug use or trafficking; and/or (3) Evidence that an employee has tampered with a previously administered drug test. (c) The Supervisor making the initial determination of probable cause shall document, in writing, all circumstances, information and facts leading to and supporting the existence of probable cause. The report will include pertinent dates and times of suspect behavior, reliable/credible sources of information, rationale leading to referral for testing and action(s) taken. The information will be forwarded to the Warden for review and determination. (d) The Union shall be promptly notified when a determination of probable cause has been made. Documentation regarding that determination will be made available to the Union, upon request, if approved by the subject employee. (e) This Article and its cited reasons for probable cause shall not preclude the Department from taking disciplinary action, up to and including dismissal, for such actions referred to in Section 2(b)(2) and Section 2(b)(3) regardless of whether or not a drug test has been imposed on or completed by the employee.