Common use of Reasonable Suspicion Testing Clause in Contracts

Reasonable Suspicion Testing. a. A reasonable suspicion test will be based upon a trained supervisor’s conclusion, as a result of examining all of the pertinent facts, that prohibited drug or alcohol use may have contributed to or caused a critical incident: or may limit an employee’s capacity to function in a safety sensitive position. (The term supervisor shall include all supervisory and managerial staff members as defined in the EERA - Government Code Section 3540 et seq.) A reasonable suspicion test must be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. For suspicion of alcohol or controlled substance use, the observations may also include indications of chronic and withdrawal effects. b. The observations must be made by a supervisor who has received a total of three hours training in identifying indicators of probable alcohol misuse and in identifying indicators of probable controlled substance use. Training shall be conducted by a substance abuse professional. c. If the reasonable suspicion observations are made by the immediate supervisor of the driver, they must be confirmed by the direct observation of another supervisor similarly trained. d. For the purposed of testing authorized by the Code of Federal Regulations, reasonable suspicion observations must be contemporaneous, i.e., they must be made just before, during or just after the driver’s performance of a safety-sensitive duty. e. Drivers for whom a reasonable suspicion determination has been made will be placed on paid administrative leave pending receipt of initial test results. f. Tests based on reasonable suspicion of alcohol misuse shall be promptly administered. 1. If the test is not given within two hours following the reasonable suspicion determination, the employer shall prepare and maintain on file a statement of the reasons the test was not promptly administered. 2. If requested by the employee, a copy of this statement shall be provided to the employee within a reasonable period of time. 3. No test based on reasonable suspicion of alcohol misuse will be given that is not within eight hours of the reasonable suspicion determination. g. A written record of the reasonable suspicion observations for controlled substances, dated and signed by all supervisors making the observations, must be made within 24 hours or before the result of the controlled substance test(s) are released, whichever is earlier. If requested by the employee, a copy of this record will be given to the employee within a reasonable period of time (absent extenuating circumstances, this shall be within 3 working days). h. No supervisor who makes the reasonable suspicion observations can conduct the test or participate in the collection or chain of custody of any specimen for testing.

Reasonable Suspicion Testing. a. 24.3.1 A reasonable suspicion test will be based upon a trained supervisor’s conclusion, as a result of examining all of the pertinent facts, that prohibited drug or alcohol use may have contributed to or caused a critical incident: or may limit an employee’s capacity to function in a safety sensitive position. (The term supervisor shall include all supervisory and managerial staff members as defined in the EERA - Government Code Section 3540 et seq.) A reasonable suspicion test must be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, speech or body odors of the driveremployee. For suspicion of alcohol or controlled substance useuse only, the observations may also include indications of the chronic and withdrawal effectseffects of controlled substances. b. 24.3.2 The observations must be made by a supervisor who has received a total at least two (2) hours of three hours training in identifying indicators of probable alcohol misuse and plus at least two (2) hours training in identifying indicators of probable controlled substance use. Training shall be conducted by a substance abuse professional. c. 24.3.3 If the reasonable suspicion observations are made by the immediate supervisor of the driveremployee, they must be confirmed by the direct observation of another supervisor similarly trained. d. For the purposed of testing authorized by the Code of Federal Regulations, reasonable 24.3.4 Reasonable suspicion observations must be contemporaneous, i.e., they must be made just before, during during, or just after the driver’s employee's performance of a safety-sensitive duty. e. Drivers 24.3.5 Employees for whom a reasonable suspicion determination has been made will be placed on paid administrative leave pending receipt of initial test results. f. 24.3.6 Tests based on reasonable suspicion of on alcohol misuse shall be promptly administered. 1. If the test is not given within two (2) hours following the reasonable suspicion determination, the employer County shall prepare and maintain on file a statement of the reasons the test was not promptly administered. 2administered promptly. If requested by the employee, The employee shall be given a copy of this statement shall be provided to the employee within a reasonable period of time. 3any statement. No test based on reasonable suspicion of alcohol misuse will be given that is not within eight (8) hours of the reasonable suspicion determination. g. 24.3.7 A written record of the reasonable suspicion observations for controlled substancesobservations, dated and signed by all supervisors making the observations, must be made within 24 twenty-four (24) hours or before the result results of the controlled substance test(s) test are released, whichever is earlier. If requested by the employee, a A copy of this record will be given to the employee within a reasonable period when the results of time (absent extenuating circumstances, this shall be within 3 working days)the test are released. h. 24.3.8 No supervisor who makes the reasonable suspicion observations can conduct the test or participate in the collection or chain of custody of any specimen for testing.

Reasonable Suspicion Testing. a. A Employees suspected of alcohol or substance abuse may be subject to testing. The DAPC and designated supervisors will be trained to address the abuse of alcohol or other drugs by employees, to recognize facts that give rise to reasonable suspicion, and the proper procedures for documenting a finding of reasonable suspicion. A. Such reasonable suspicion test will be based upon a trained supervisor’s conclusion, as a result of examining all of the pertinent facts, that prohibited drug or alcohol use may have contributed to or caused a critical incident: or may limit an employee’s capacity to function in a safety sensitive position. (The term supervisor shall include all supervisory and managerial staff members as defined in the EERA - Government Code Section 3540 et seq.) A reasonable suspicion test must be based upon specific, contemporaneous, articulable observations concerning on objective facts or specific circumstances found to exist that present a reasonable basis to believe that an employee is under the appearance, behavior, speechinfluence of, or body odors of the driver. For suspicion of is using or abusing, alcohol or controlled substance use, the observations may also include indications of chronic and withdrawal effects. b. The observations must be made by a supervisor who has received a total of three hours training in identifying indicators of probable alcohol misuse and in identifying indicators of probable controlled substance use. Training shall be conducted by a substance abuse professional. c. If the reasonable suspicion observations are made by the immediate supervisor of the driver, they must be confirmed by the direct observation of another supervisor similarly trained. d. For the purposed of testing authorized by the Code of Federal Regulations, reasonable suspicion observations must be contemporaneous, i.e., they must be made just before, during or just after the driver’s performance of a safety-sensitive duty. e. Drivers for whom a reasonable suspicion determination has been made will be placed on paid administrative leave pending receipt of initial test results. f. Tests based on reasonable suspicion of alcohol misuse shall be promptly administeredand/or other drugs. 1. If the test is not given within two hours following the Facts or circumstances leading to reasonable suspicion determinationmay include, the employer shall prepare and maintain on file a statement but are not limited to, direct observation of the reasons the test was not promptly administereduse of alcohol or drugs, slurred speech, disorientation, and abnormal conduct or behavior. 2. If requested by the employeeSuch reasonable suspicion is developed immediately before, a copy of this statement shall be provided to during, or immediately after the employee within a reasonable period of timeperforms his or her job duties. 3. No test Employees involved in motor vehicle accidents while on duty, job- related accidents or incidents, or who engage in unsafe on-duty or job-related activities that pose a danger to themselves, to others, or to the overall operation of the Township may be subject to reasonable suspicion testing. Test results gathered by law enforcement officers while conducting a motor vehicle accident investigation may be used in place of reasonable suspicion testing. B. Whenever possible, reasonable suspicion testing should be based on documentation and concurrence by two trained employees. 1. A trained supervisor who has made a determination of a reasonable suspicion that an employee is under the influence of alcohol misuse or any other drugs may compel that employee to submit to a drug or alcohol test to confirm the reasonable suspicion. 2. Testing shall be done at a facility certified under National Drug Abuse standards. Employees ordered to be tested must do so immediately and will be given that escorted by the DAPC or trained supervisor to the testing facility. Upon test completion, the tested employee will then be escorted to the employee's place of residence. A tested employee shall not report to work until instructed to do so by the employee's Department Head. 3. Employees must cooperate with all testing procedures. An employee who is not within eight hours suspected of being under the influence of alcohol or other drugs and who refuses to cooperate with all testing procedures, who fails to provide an adequate specimen outside of a medical condition which physically prevents the employee from providing a sufficient specimen, or who impedes the testing process in any manner will be considered to have refused to test and will be disciplined accordingly. 4. Employees must comply with all requirements of the testing process. An employee who attempts to alter or substitute the specimen provided for drug testing shall be deemed to have refused to take the drug test and shall be subject to the same disciplinary actions as required for refusing to submit to a properly ordered test. C. The trained supervisor making the reasonable suspicion determination. g. A written record determination will prepare a report of the reasonable incident giving rise to the suspicion observations for controlled substances, dated and signed by all supervisors making of drug and/or alcohol use in accordance with the observations, must be made within 24 hours or before the result following guidelines: 1. The report will include a chronologically-ordered description of the controlled substance test(s) are released, whichever is earlier. If requested by behaviors and mannerisms the employee, a copy of this record will be given employee exhibited leading to the employee within a reasonable period of time (absent extenuating circumstances, this shall be within 3 working days)suspicion. h. No supervisor who makes the reasonable suspicion observations can conduct the test or participate in the collection or chain of custody of any specimen for testing.

Reasonable Suspicion Testing. a. A The District’s determination that reasonable suspicion test will be based upon exists to require a trained supervisor’s conclusion, as a result of examining all of the pertinent facts, that prohibited drug driver to undergo an alcohol or alcohol use may have contributed to or caused a critical incident: or may limit an employee’s capacity to function in a safety sensitive position. (The term supervisor shall include all supervisory and managerial staff members as defined in the EERA - Government Code Section 3540 et seq.) A reasonable suspicion controlled substance test must be based upon specific, contemporaneous, articulable articulated observations concerning the appearance, behavior, speech, or body odors of the driveremployee. For suspicion of alcohol or controlled substance use, the The observations may also include indications of the chronic and withdrawal effectseffects of controlled substances. b. The observations must required observation for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor supervisor, District supervisor, or their designee who has received a total is trained in accordance with Title 49 Section 382.603. The District shall ensure that persons designated to supervise receive at least sixty (60) minutes of three hours training in identifying on alcohol misuse and receive an additional sixty (60) minutes of training on controlled substance use. The training will be used by the supervisors to determine whether reasonable suspicion exists to require an employee to undergo testing under Title 49 Section 382.307. The training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and in identifying indicators use of probable controlled substance use. Training shall be conducted by a substance abuse professionalsubstances. c. If the An employee may be directed to only undergo reasonable suspicion observations are made by the immediate supervisor of the drivertesting while performing safety-sensitive functions, they must be confirmed by the direct observation of another supervisor similarly trainedjust before performing safety-sensitive functions, or just after performing such functions. d. For the purposed of testing authorized by the Code of Federal Regulations, reasonable suspicion observations must be contemporaneous, i.e., they must be made just before, during or just after the driver’s performance of a safety-sensitive duty. e. Drivers Employees for whom a reasonable suspicion determination has been made will be placed on paid administrative leave pending receipt of initial test results. f. e. Tests based on reasonable suspicion of alcohol misuse shall be promptly administered. 1. If the test is not given within two (2) hours following the reasonable suspicion determination, the employer shall prepare and maintain on file a filed statement of the reasons the test was not promptly administered. 2. If requested by the employee, The driver will be given a copy of this statement shall be provided to the employee within a reasonable period of time. 3statement. No test based on reasonable suspicion of alcohol misuse will be given that is not within eight (8) hours of the reasonable suspicion determination. g. f. A written record of the reasonable suspicion observations for controlled substancesobservations, dated and signed by all supervisors making the observations, must be made within 24 twenty-four (24) hours or before the result results of the controlled substance test(s) test are released, whichever is earlier. If requested by the employee, a A copy of this record will be given to the employee within a reasonable period driver when the results of time (absent extenuating circumstances, this shall be within 3 working days)the test are released. h. No supervisor g. The person who makes the determination that reasonable suspicion observations can exists to conduct an alcohol test shall not conduct the alcohol test or of the driver. Nor participate in the collection or chain of custody of any specimen for testing. h. Only supervisors who are trained, directly supervise the employee, and have made personal observations, shall make the determination for reasonable suspicion testing.

Reasonable Suspicion Testing. a. A reasonable suspicion test will be based upon a trained supervisor’s conclusion, as a result of examining all of the pertinent facts, that prohibited drug or alcohol use may have contributed to or caused a critical incident: or may limit an employee’s capacity to function in a safety sensitive position. (The term supervisor shall include all supervisory and managerial staff members as defined in the EERA - Government Code Section 3540 et seq.) A reasonable suspicion test must be based upon specific, contemporaneous, articulable articulable, observations concerning the appearance, behavior, speech, or body odors of the driver. For employee or in the event an accident occurs while a classified employee is driving a district vehicle where there is reasonable suspicion that the driver of the vehicle may be under the influence of alcohol or controlled substance use, the observations may also include indications of chronic and withdrawal effects. b. The other drugs. Reasonable suspicion observations must be made by a supervisor who has received a total of three hours training in identifying indicators of probable alcohol misuse and in identifying indicators of probable controlled substance use. Training shall be conducted Human Resources Administrator (and/or trained administrative designee) or by a substance abuse professional. c. If the reasonable suspicion observations are made by the immediate supervisor of the driver, they must be confirmed by the direct observation of another supervisor similarly trained. d. For the purposed of testing authorized by the Code of Federal Regulations, reasonable Transportation Administrator/Supervisor. Reasonable suspicion observations must be contemporaneous, i.e., ; they must be made just before, during during, or just after the driveremployee’s performance of a safety-sensitive duty. e. Drivers . Employees for whom a reasonable suspicion determination has been made will be placed on paid administrative leave pending receipt of initial test results. f. . Tests based on reasonable suspicion of alcohol misuse shall be promptly administered. 1. If the test is not given within two hours following the reasonable suspicion determination, the employer shall prepare and maintain on file a statement of the reasons the test was not promptly administered. 2. If requested by the employee, The employee will be given a copy of this statement shall be provided to the employee within a reasonable period of time. 3statement. No test based on reasonable suspicion of alcohol misuse will be given that is not within eight hours of the reasonable suspicion determination. g. . A written record of the reasonable suspicion observations for controlled substancesobservations, dated and signed by all supervisors the administrator making the observations, must be made within 24 hours or before the result of the controlled substance test(s) are released, whichever is earlierhours. If requested The report shall contain what was observed directly by the employee, a administrator as well as what was reported by others. A copy of this record will be given to the employee within a reasonable period upon request after the results of time (absent extenuating circumstances, this shall the test are released. Names of specific witnesses may be within 3 working days). h. No redacted in the record when furnished to the employee who was observed. The supervisor or District official who makes the reasonable suspicion observations can shall not conduct the test or participate in the collection or chain of custody of any specimen for testing. If requested by the employee a CSEA representative may be present to ensure that an employee’s rights are protected. However, a reasonable suspicion test may not be delayed for more than one (1) hour to accommodate a representation request. Under no circumstances shall the CSEA representative be required to participate in determining if reasonable suspicion exists for further investigation.

Reasonable Suspicion Testing. a. A reasonable suspicion test will be based upon a trained supervisor’s conclusion, as a result of examining all of the pertinent facts, that prohibited drug or alcohol use may have contributed to or caused a critical incident: or may limit an employee’s capacity to function in a safety sensitive position. (The term supervisor shall include all supervisory and managerial staff members as defined in the EERA - Government Code Section 3540 et seq.) i. A reasonable suspicion test must be based upon specific, contemporaneous, articulable clearly identifiable observations concerning the appearance, behavior, speech, or body odors of the driver. For employee or in the event an accident occurs while a classified employee is driving a District vehicle where there is reasonable suspicion that the driver of the vehicle may be under the influence of alcohol or controlled substance use, other drugs. The observations must be made immediately prior to the observations may also include indications of chronic and withdrawal effectsdetermination that reasonable suspicion testing is warranted. b. ii. The observations must be made by a supervisor and District official who has received a total of three hours at least one-hour training in identifying indicators of probable alcohol misuse and plus at least two-hour training in identifying indicators of probable controlled substance use. Training The supervisor and District Official making the observation shall be conducted by a substance abuse professionalfrom separate sites. c. If the reasonable suspicion observations are made by the immediate supervisor of the driver, they must be confirmed by the direct observation of another supervisor similarly trained. d. For the purposed of testing authorized by the Code of Federal Regulations, reasonable iii. Reasonable suspicion observations must be contemporaneous, i.e., they must be made just before, during during, or just after the driveremployee’s performance of a safetyjob-sensitive dutyrelated duties. e. Drivers iv. Employees for whom a reasonable suspicion determination has been made will be placed on paid administrative leave pending receipt of initial test results. f. v. Tests based on reasonable suspicion of alcohol misuse shall be promptly administered. 1. If Employee shall be transported to the test is not given testing facility within two (2) hours following the reasonable suspicion determination, the employer shall prepare and maintain on file a statement of the reasons the test was not promptly administered. 2vi. If requested by the employee, a copy of this statement shall be provided to the employee within a reasonable period of time. 3. No test based on reasonable suspicion of alcohol misuse will be given that is not within eight hours of the reasonable suspicion determination. g. A written record of the reasonable suspicion observations for controlled substancesobservations, dated and signed by all supervisors employees making the observations, must be made within 24 twenty-four (24) hours or before the result results of the controlled substance test(s) test are released, whichever is earlier. If requested by the employee, a A copy of this record will be given to the employee within a reasonable period twenty-four (24) hours of time (absent extenuating circumstances, this shall be within 3 working days)its preparation. h. No vii. The supervisor and District official who makes are making the reasonable suspicion observations can shall not conduct the test or participate in the collection or chain of custody of any specimen for testing. viii. If requested by the employee, a CSEA representative may be present to ensure that an employee’s rights are protected. However, a reasonable suspicion test may not be delayed for more than one (1) hour to accommodate a representation request. Under no circumstances shall the CSEA representative be required to participate in determining if reasonable suspicion exists for further investigation.

Reasonable Suspicion Testing. a. A 1. When a trained supervisor has reasonable suspicion to believe that a covered employee may be under the influence of alcohol or a controlled substance, he/she shall contact the Executive Director immediately to report the occurrence. 2. Reasonable suspicion testing for alcohol is permitted only where the observation resulting in a reasonable suspicion determination are made during, just proceeding or just after the period of the work day that the covered employee is required to comply with the requirements set forth in this Policy concerning alcohol use. The determination that reasonable suspicion exists to require the covered employee to undergo an alcohol and/or a controlled substance test will shall be based upon a trained supervisor’s conclusion, as a result of examining all of the pertinent facts, that prohibited drug or alcohol use may have contributed to or caused a critical incident: or may limit an employee’s capacity to function in a safety sensitive position. (The term supervisor shall include all supervisory and managerial staff members as defined in the EERA - Government Code Section 3540 et seq.) A reasonable suspicion test must be based upon on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, and speech or body odors of the driveremployee. For suspicion of alcohol or controlled substance use, the observations The Authority may also include indications of chronic and withdrawal effects. b. The observations must be made by require a supervisor who has received a total of three hours training in identifying indicators of probable alcohol misuse and in identifying indicators of probable controlled substance use. Training shall be conducted by a substance abuse professional. c. If the covered employee to undergo reasonable suspicion observations are made by testing for alcohol only while the immediate supervisor of the driveremployee is performing safety-sensitive functions, they must be confirmed by the direct observation of another supervisor similarly trained. d. For the purposed of testing authorized by the Code of Federal Regulations, reasonable suspicion observations must be contemporaneous, i.e., they must be made just before, during or just after the driver’s performance of a safety-sensitive dutyemployee has ceased performing such functions. The supervisor who makes the determination that reasonable suspicion exists shall not conduct the breath alcohol test on that employee. e. Drivers for whom a 3. Alcohol testing, as authorized by this Section, shall be conducted within two (2), but not more than eight (8) hours after the reasonable suspicion determination has been made will be placed on paid administrative leave pending receipt of initial test results. f. Tests based on reasonable suspicion of alcohol misuse shall be promptly administered. 1by the supervisor. If the test required testing is not given performed with the two (2) hour time period, a report shall be prepared and maintained by the employee’s supervisor indicating the reason(s) for not promptly administering same. In the event that an alcohol test required by this Section is not administered within two eight (8) hours following the reasonable suspicion determination, the employer supervisor and the Authority shall prepare cease attempts to administer a test and maintain state in the report the reasons for not administering the required test. 4. The required observation reports must be received by the Executive Director within twenty-four hours of said observation. 5. Whether or not a reasonable suspicion alcohol test is performed under this Section, a covered employee shall not report for duty or remain on file a statement duty requiring the performance of safety-sensitive functions while the employee is under the influence of or impaired by alcohol, as shown by observations of the reasons the employee’s behavior, speech, or performance. The employee shall not perform or continue to perform safety sensitive functions until: a. an alcohol test was not promptly administered. 2. If requested by is administered and the employee’s alcohol concentration measures less than 0.02; or b. the start of the employee’s next regularly scheduled duty period, a copy of this statement shall be provided to the employee within a reasonable period of time. 3. No test based on reasonable suspicion of alcohol misuse will be given that is but not within less than eight (8) hours of following the reasonable suspicion determination. g. A written record 6. Controlled substance testing must be performed, as authorized by this section, within thirty-two (32 hours of the reasonable suspicion observations for controlled substances, dated and signed by all supervisors making the observations, must be made within 24 hours or before the result observation of the controlled substance test(s) are released, whichever is earliersupervisor. If requested testing is not performed within the thirty-two (32) hour time period, a report shall be prepared by the employee’s supervisor indicating the reason(s) for not promptly administering same. In the event that a controlled substance test required by this Section is not administered within thirty-two (32) hours of the observation, the supervisor and the Authority shall cease attempts to administer a copy test. Under this type of this record testing employees will not be given permitted to perform safety-sensitive functions, pending the employee within a reasonable period outcome of time (absent extenuating circumstances, this shall be within 3 working days)the tests. h. No supervisor who makes the reasonable suspicion observations can conduct the test or participate in the collection or chain of custody of any specimen for testing.

Reasonable Suspicion Testing. a. A The employer shall require a driver or employee to submit to an alcohol test and/or controlled substances test when a supervisor or department representative has reasonable suspicion test will be based upon a trained supervisor’s conclusion, as a result to believe that the driver or employee has violated the Town's and/or DOT's prohibitions concerning the use or possession of examining all of the pertinent facts, alcohol and/or controlled substances. The supervisor or department representative shall base his or her determination that prohibited drug or alcohol use may have contributed to or caused a critical incident: or may limit an employee’s capacity to function in a safety sensitive position. (The term supervisor shall include all supervisory and managerial staff members as defined in the EERA - Government Code Section 3540 et seq.) A reasonable suspicion exists to require the driver or employee to undergo an alcohol test must be based upon and/or controlled substances test on specific, contemporaneous, articulable articulable, observations concerning the appearance, behavior, speech, speech or body odors of the driver. For suspicion of alcohol or controlled substance use, the The observations may also include indications of the chronic and withdrawal effectseffects of controlled substances. The supervisor or department representative making the observations shall document in writing the specific facts, symptoms, or observations which form the basis for his or her reasonable suspicion. b. 5.3.1 The observations must be made by a supervisor person who has received a total makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of three hours training in identifying indicators of probable alcohol misuse and in identifying indicators of probable controlled substance use. Training shall be conducted by a substance abuse professionalthe driver or employee. c. If 5.3.2 Alcohol testing is authorized under the reasonable suspicion testing section only when the observations required to make the determination (See. 5.3, supra) that reasonable suspicion exists are made by the immediate supervisor of the driverduring, they must be confirmed by the direct observation of another supervisor similarly trained. d. For the purposed of testing authorized by the Code of Federal Regulationsjust preceding, reasonable suspicion observations must be contemporaneous, i.e., they must be made just before, during or just after the driver’s performance period of a the work day that the driver or employee is required to be in compliance with the alcohol prohibitions and that the driver or employee is performing safety-sensitive dutyfunctions. e. Drivers for whom 5.3.3 If a reasonable suspicion determination has been made will be placed on paid administrative leave pending receipt of initial test results. f. Tests based on reasonable suspicion of alcohol misuse shall be promptly administered. 1. If the test is not given administered within two 2 hours following the reasonable suspicion determinationobservations, the employer supervisor or department representative shall prepare and maintain on file a statement record stating the reasons the alcohol test was not administered promptly. If the test is not administered within 8 hours of the observation, the employer shall cease to attempt to administer the test and make a record of the reasons why the test was not promptly administeredadministered within 8 hours. 2. If requested by 5.3.4 The Town will not take action against any driver or employee based solely on the 5.3.5 The supervisor or department representative making the employee, a copy of this statement shall be provided to the employee within a reasonable period of time. 3. No test based on determination that reasonable suspicion exists to conduct an alcohol test and/or controlled substances test must have received 60 minutes of training on alcohol misuse will be given that is not within eight hours and 60 minutes of the reasonable suspicion determinationtraining on controlled substances use. g. A written record of the reasonable suspicion observations for controlled substances, dated and signed by all supervisors making the observations, must be made within 24 hours or before the result of the controlled substance test(s) are released, whichever is earlier. If requested by the employee, a copy of this record will be given to the employee within a reasonable period of time (absent extenuating circumstances, this shall be within 3 working days). h. No supervisor who makes the reasonable suspicion observations can conduct the test or participate in the collection or chain of custody of any specimen for testing.

Reasonable Suspicion Testing. a. A The Village must require employees to submit to tests for alcohol and controlled substances if there is reasonable suspicion test will be that employees have engaged in any conduct prohibited by DOT regulations. Reasonable suspicion is based upon a trained supervisor’s conclusionon indicators such as suspicious behavior, as a result of examining all of the pertinent facts, that prohibited drug or alcohol use may have contributed to or caused a critical incident: or may limit an employee’s capacity to function in a safety sensitive position. (The term supervisor shall include all supervisory and managerial staff members as defined in the EERA - Government Code Section 3540 et seq.) A reasonable suspicion test must be based upon specific, contemporaneous, articulable observations concerning the appearance, behaviorconduct, demeanor, body or breath odor and speech. In the interest of public safety and the safety of fellow employees, or body odors of any employee who has reason to believe that another employee is impaired due to the driver. For suspicion use of alcohol or controlled substance useis required to report such suspicion to his/her supervisor. A supervisor trained to determine reasonable suspicion will decide whether employees should be tested. A second supervisor also trained to determine reasonable suspicion, must confirm the observations may also include indications of chronic and withdrawal effects. b. The observations must first supervisor's determination that there is reasonable suspicion to require testing. Only supervisors who have completed a training course will be made by allowed to make reasonable suspicion determination. Alcohol tests will be conducted within eight (8) hours after a supervisor who has received a total of three hours training in identifying indicators of probable alcohol misuse and in identifying indicators of probable controlled substance use. Training shall be conducted by a substance abuse professional. c. If the determined that there is reasonable suspicion to test an employee. Such tests will be given only if the suspicious behavior or observations are made by the immediate supervisor of the driverduring, they must be confirmed by the direct observation of another supervisor similarly trained. d. For the purposed of testing authorized by the Code of Federal Regulations, reasonable suspicion observations must be contemporaneous, i.e., they must be made just before, during before or just after the driver’s performance period of a work day when employees must comply with the alcohol prohibition. If the suspicious behavior or observations are made just after the employee's work day has ended, the supervisor must reasonably believe that the employee's suspicious behavior or observations are such that the employee must have used alcohol while performing safety-sensitive duty. e. Drivers functions. The union shall be contacted immediately by telephone or facsimile when an employee is to be tested for whom drugs or alcohol and allowed a reasonable suspicion determination has been made will be placed on paid administrative leave pending receipt length of initial test results. f. Tests based on reasonable suspicion of alcohol misuse shall be promptly administered. 1time for the Union to send a representative if the employee requests. If the alcohol test is not given completed within two eight (8) hours, employees will not be allowed to perform safety-sensitive functions until: a. Employee takes an alcohol test and the alcohol test and the alcohol concentration is less than 0.02% BrAC•, or b. Twenty-four (24) hours have elapsed following the determination of reasonable suspicion determination, the employer shall prepare and maintain on file a statement of the reasons the test was not promptly administered. 2. If requested by the employee, a copy of this statement shall be provided to the employee within a reasonable period of time. 3. No test based on reasonable suspicion of alcohol misuse will be given that is not within eight hours of the reasonable suspicion determination. g. A written record of the reasonable suspicion observations for controlled substances, dated and signed by all supervisors making the observations, must be made within 24 hours or before the result of the controlled substance test(s) are releasedsuspicion, whichever is earlier. If requested by the employee, a copy of this record will be given to the employee within a reasonable period of time (absent extenuating circumstances, this shall be within 3 working days)occurs first. h. No supervisor who makes the reasonable suspicion observations can conduct the test or participate in the collection or chain of custody of any specimen for testing.