Random Drug and/or Alcohol Testing Clause Samples

The Random Drug and/or Alcohol Testing clause authorizes an employer to conduct unannounced tests on employees to detect the presence of drugs or alcohol. Typically, this clause outlines the procedures for selecting employees at random, the types of tests that may be administered, and the consequences of a positive result. Its core function is to promote a safe and productive workplace by deterring substance abuse and ensuring compliance with company policies or legal requirements.
Random Drug and/or Alcohol Testing a. The City will consult with the Union regarding the program outline and initiate a random drug and/or alcohol testing program as soon as reasonably practical following ratification of this agreement; the Union and Employees will be provided with notice of the implementation date and an outline of the program. In the case of positive alcohol tests only, said employee may be referred to the Employee Assistance Program in lieu of disciplinary action being taken. Rejection of treatment or failure to successfully complete the program shall be cause for suspension or termination. No employee will be eligible for the Employee Assistance Program more than one (1) time.
View SourceView Similar (6)
Random Drug and/or Alcohol Testing. Effective September 1, 2021 the Chief of the Fire Department shall have the right to order random tests for the presence of illegal drugs and /or alcohol. However, any random drug testing shall exclude cannabis or marijuana metabolites. Employees shall be selected by the use of a lottery, and administered by a collection firm, with each drawing including the names of all employees. All tests, with the exception of return to work tests, ordered by the Chief in this regard shall be at the expense of the City. The Department shall be allowed to test up to thirty- (35) employees per fiscal year, with test conducted up to six (6) times per fiscal year. A local 37 representative shall be allowed to verify that a current list of firefighters is used during the lottery process. All tests ordered by the Employer in this regard shall be at the expense of the employer. The parties agree that the participating employees’ names will be chosen on a random basis. The testing company will be provided with a complete list of all the PIN numbers for all the then current employees in the bargaining unit. The department will go down the list until they reach the first employee actually working on the date of the test. Employees will not be selected to test that are not working on the date of the test. If the parties agree that there is a need to promote the random nature of the process, the department will start at the bottom of the list on the next test date, alternating thereafter. E.5 Conduct of Drug and/or Alcohol Tests:
View SourceView Similar (2)
Random Drug and/or Alcohol Testing. (1) All pilots will be subject to random drug and/or alcohol testing. (2) Drugs to be tested for will be those drugs (or their metabolite) specified in DOT and FAA regulations. (3) Pilots will be selected for random drug and/or alcohol testing in accordance with a random selection computer model devised by the Company and approved by the FAA.
View Source

Related to Random Drug and/or Alcohol Testing

  • DRUG/ALCOHOL TESTING Section 33.1 Drug testing may be conducted on employees during their duty hours upon reasonable suspicion or randomly by computer selection. Alcohol testing will be conducted only upon reasonable suspicion. Reasonable suspicion that an employee used or is using a controlled substance or alcohol in an unlawful or abusive manner may be based upon, but not limited to: A. Observable phenomena, such as direct observation of drug or alcohol use or possession and/or the physical symptoms of being under the influence of a drug or alcohol; B. A pattern or abnormal conduct or erratic behavior, including abnormal leave patterns; C. Arrest or conviction for a drug or alcohol-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug or alcohol possession, use, or trafficking; D. Information provided either by reliable and credible sources or independently corroborated; E. Evidence that an employee has tampered with a previous drug test; F. Facts or circumstances developed in the course of an authorized investigation of an accident or unsafe working practices. Section 33.2 Drug/alcohol testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings. Under no circumstances may the results of drug/alcohol screening or testing be released to a third party for use in a criminal prosecution against the affected employee. The following procedure shall not preclude the Employer from other administrative action but such actions shall not be based solely upon the initial reagent testing results alone. Section 33.3 All drug screening tests shall be conducted by laboratories meeting the standards of the Substance Abuse and Mental Health Service Administration. No test shall be considered positive until it has been confirmed by a Gas Chromatography/Mass Spectrometry. The procedures utilized by the Employer and testing laboratory shall include an evidentiary chain of custody control and split sample testing. All procedures shall be outlined in writing and this outline shall be followed in all situations arising under this article. Section 33.4 Alcohol testing shall be done in accordance with the law of the State of Ohio to detect drivers operating a motor vehicle under the influence. A positive result shall entitle the Employer to proceed with sanctions as set forth in this Article. Section 33.5 The results of the testing shall be delivered to a specified employee of the Employer with command responsibility and the employee tested. An employee whose confirmatory test result is positive shall have the right to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results to the Employer. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, with the employee’s written consent. Refusal to submit to the testing provided for under this Agreement may be grounds for discipline. A. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample. B. In the event that any confirmation drug test results are positive, the employee is entitled to have the split sample tested by another DHHS-certified lab in the manner prescribed above at the employee’s expense. The employee must request the split sample test within seventy-two (72) hours of being notified of a positive result. The results of this test, whether positive or negative, shall be determinative. Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld. Section 33.8 If after the testing required above has produced a positive result the Employer may require the employee to participate in any rehabilitation or detoxification program that is covered by the employee’s health insurance. Discipline allowed by the positive findings provided for above shall be deferred pending rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time and vacation leave for the period of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall be returned to his/her former position. Such employee may be subject to periodic retesting upon his/her return to his/her position for a period of one (1) year from the date of his/her return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days. Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or if he/she tests positive during a retesting within one (1) year after his/her return to work from such a program, the employee shall be subject to disciplinary action, including removal from his/her position and termination of his/her employment. Section 33.10 Costs of all drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request of the employee shall be at the employee’s expense. Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above. Section 33.12 The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.

  • DRUG AND ALCOHOL TESTING Employees may be tested for drugs and/or alcohol pursuant to the provisions of the Employer's Drug and Alcohol Testing Policy which is attached hereto and made a part of this Agreement as if more fully set forth herein.

  • Random Drug Testing All employees covered by this Agreement shall be subject to random drug testing in accordance with Appendix D.

  • Alcohol and Drug Testing Employee agrees to comply with and submit to any Company program or policy for testing for alcohol abuse or use of drugs and, in the absence of such a program or policy, to submit to such testing as may be required by Company and administered in accordance with applicable law and regulations.

  • Alcohol Testing Alcohol testing will be conducted by using an evidential breath-testing device (EBT) approved by the National Highway Traffic Safety Administration. A screening test will be conducted first. This initial screening may be accomplished using a saliva test kit. If the result is an alcohol concentration level of less than 0.02 percent, the test is considered a negative test. If the alcohol concentration level is 0.02 percent or more, a second confirmation test using the EBT will be conducted. The procedures that will be utilized by the lab for collection and testing of the specimen are attached hereto as Appendix A.