Common use of Substance Testing Clause in Contracts

Substance Testing. To the extent that the Employer implements a Substance Testing Program that is applicable to employees covered by this Agreement the following minimal standards shall apply: a. All drug/alcohol screening tests shall be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (i.e. the College of American Pathologists). The procedure utilized by the employer and testing laboratory shall include a chain of custody procedure and mass spectroscopy confirmation of any positive initial screening. The foregoing laboratory procedures shall be the protocol followed in this article, and shall be outlined in writing, concerning the collection of bodily fluids utilized for examination and testing. The samples collected shall be contained in separate containers for use in the following prescribed testing procedures. All separate containers shall be initialed by the member and the person taking the samples after sealing of the containers. Either party may have another representative present as a witness during the taking of the aforementioned samples at no loss of wages for any party. b. This protocol procedure shall be sent to the Union; and at its option and expense, the Union may send the protocol procedure to a board-certified clinical pathologist for opinions as to the adequacy of the procedure. If the Union finds bona fide serious testing process flaws in the protocol, the Employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards. c. If the protocol is accepted by the Union, and no timely objection is made by the qualified expert for the Union, the designated vendor will be accepted, and a collection point designated. d. The results of the testing shall be delivered only to the 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 release for disclosure of the testing results. A Union representative from the bargaining unit shall have a right to access to the results upon request to the Fire Chief with the employee's written consent. e. Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the Employer submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. f. Refusal by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or blood, or the taking of hair samples as ordered, shall constitute a presumption of a positive test result and may result in such employee's discipline. At the time of the taking of the original specimens, multiple specimens will be taken. Two of the specimens shall be delivered to separate testing facilities and an additional sample may be sent to a drug testing facility of the employee's choice. The employee's sample will be tested at the employee's request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two separate tests required by the Employer have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall be paid by the Employer. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. g. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. h. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. i. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. j. In the event that two tests are positive, the employee is entitled to have the sample tested at an approved laboratory, at the employee's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary, another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. k. A list of at least two (2) 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 Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. l. After two (2) positive test results are received as set forth above, the employer may impose discipline up to and including termination. Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or deferred at the City's discretion. m. Rehabilitation programs shall be available for employees who voluntarily come forward to request participation at least forty-eight (48) hours prior to the imposition of a random test or forty-eight (48) hours prior to the occurrence of any other reason for testing, and at the City's discretion, in lieu of or in addition to discipline. An employee who volunteers to participate in a rehabilitation program shall be allowed to use sick leave, vacation leave, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his/her former position. Any employee in the above- mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. n. If the screening test is positive or if he fails to complete a voluntary program of rehabilitation or if he tests positive during sporadic tests within twelve (12) months after his/her return to work from such a program, the employee shall be subject to immediate termination. Additionally, an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse (i.e. DUI, insubordination, etc.) o. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee's expense. p. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of employee's return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. q. For the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. r. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee as a result of a testing of positive on a substance test or refusal to take a test. s. Any bargaining unit employee who has been ordered to undergo blood or urine or hair testing may, upon request, be accompanied to the testing site by a ▇▇▇▇▇▇▇ or co- worker. No test will be delayed due to the tardiness of the employee's representative or co-worker. The employee's ▇▇▇▇▇▇▇ or co-worker shall be given reasonable time to attend. t. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. u. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. v. The employer and the certified laboratory shall develop and maintain a clear and well- documented procedure for collection, shipment, and accessing of specimens under this Article. w. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. To the extent that the Employer implements a Substance Testing Program that is applicable to employees covered by this Agreement Agreement, the following minimal standards shall apply: a. A. All drug/alcohol screening tests shall be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (i.e. eg. the College of American Pathologists). The procedure utilized by the employer and testing laboratory shall include a chain of custody procedure and mass spectroscopy confirmation of any positive initial screening. The foregoing laboratory procedures shall be the protocol followed in this article, and shall be outlined in writing, concerning the collection of bodily fluids or hair samples utilized for examination and testing. The samples collected shall be contained in three (3) separate containers for use in the following prescribed testing procedures. All separate containers shall be initialed by the member and the person taking the samples after sealing of the containers. Either party may have another representative present as a witness during the taking of the aforementioned samples at no loss of wages for any party. b. B. This protocol procedure shall be sent to the Union; and at its option and expense, the Union may send the protocol procedure to a board-board certified clinical pathologist for opinions as to the adequacy of the procedure. If the Union finds bona fide serious testing process flaws in the protocol, the Employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards, which standards shall be binding upon the parties. c. C. If the protocol is accepted by the Union, and no timely objection is made by the qualified expert for the Union, the designated vendor will be accepted, accepted and a collection point designated. d. D. The results of the testing shall be delivered only to the Chief of Police, City Manager or Director of Personnel, 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 release for disclosure of the testing results. A Union representative from the bargaining unit shall have a right to access to the results upon request to the Fire Chief of Police, with the employee's written consent. e. E. Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the Employer City, submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. f. F. Refusal by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or bloodblood or hair, or the taking of hair samples as ordered, shall constitute a presumption of a positive test result and may result in such employee's discipline. At the time of the taking of the original specimens, multiple three (3) separate specimens will be taken. Two of the specimens shall be delivered to separate testing facilities and an additional sample may the third shall be sent to a drug testing facility of the employee's choice. The employee's sample will be tested at the employee's request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two separate tests required by the Employer City have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall be paid by the EmployerCity. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. g. G. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. h. H. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. i. I. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. j. J. In the event that two tests are positive, the employee is entitled to have the sample in the third container tested at an approved laboratory, at the employee's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the Employer City shall take place in order to decide if another test would benefit the accused. If possible or necessary, necessary another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. k. K. A list of at least two three (23) 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 Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. l. L. After two (2) positive test results are received as set forth above, the employer may impose require the employee to participate in any rehabilitation that is covered by the employee's health insurance or EAP. Depending upon the nature and severity of the offense, discipline up to and including termination. Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or reasonably deferred at pending rehabilitation of the City's discretion. m. Rehabilitation programs individual. Discipline resulting from the positive findings of confirmatory sample testing for beer, wine or intoxicating liquor shall be available for employees who voluntarily come forward deferred on the first occasion pending rehabilitation of the individual, however, if said use resulted in loss or damage to request participation at least forty-eight (48) hours prior City property or liability of the City to a third party, immediate discipline may be imposed even though the imposition of employee is referred to a random test or forty-eight (48) hours prior to the occurrence of any other reason for testing, and at the City's discretion, in lieu of or in addition to disciplinerehabilitation program. An employee who volunteers to participate participates in a rehabilitation program shall be allowed to use sick leave, vacation leave, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his/her former position. Any employee in the above- above–mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. n. M. If the screening test is positive and the circumstances surrounding the incident are of such severity and egregiousness that immediate discipline is reasonable and appropriate, or if the employee refuses to undergo rehabilitation, or if he fails to complete a voluntary program of rehabilitation or if he tests positive during sporadic tests within twelve (12) months after his/her return to work from such a program, the employee shall be subject to immediate terminationdisciplinary action. Additionally, Additionally an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse (i.e. eg. DUI, insubordination, etc.) o. N. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee's expense. p. O. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of employee's return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. q. For P. Only for the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. r. . The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee as a result of a testing of positive on more than once. Q. An employee who refuses to take or does not take a substance test or refusal administered pursuant to take this Article and is only suspended may not return to duty until he/she has passed a testsubstance test administered under this Article. s. R. Any bargaining unit employee who has been ordered to undergo blood or urine or hair testing may, upon request, be accompanied to the testing site by a ▇▇▇▇▇▇▇ or co- co–worker. No test will be delayed due to the tardiness of the employee's representative or co-–worker. The employee's ▇▇▇▇▇▇▇ or co-–worker shall be given reasonable time to attend. t. S. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. u. T. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. v. U. The employer and the certified laboratory shall develop and maintain a clear and well- well–documented procedure for collection, shipment, and accessing of specimens under this Article. w. V. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. To the extent that the Employer implements a Substance Testing Program that is this applicable to employees covered by this Agreement Agreement, the following minimal standards shall apply: a. 1. All drug/alcohol alcohol-screening tests shall be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (i.e. the e.g. The College of American Pathologists). The procedure utilized by the employer and testing laboratory shall include a chain of custody procedure and mass spectroscopy confirmation of any positive initial screening. The foregoing laboratory procedures shall be the protocol followed in by this article, and shall be outlined in writing, concerning the collection of bodily fluids utilized for examination and testing. The samples collected shall be contained in three (3) separate containers for use in the following prescribed testing procedures. All separate containers shall be initialed by the member and the person taking the samples after sealing of the containers. Either party may have another representative present as a witness during the taking of the aforementioned samples at no loss of wages for any party. b. 2. This protocol procedure shall be sent to the Union; and at its option and expense, the Union may send the protocol procedure to a board-board certified clinical pathologist for opinions as to the adequacy of the procedure. If the Union finds bona fide serious testing process flaws in the protocol, the Employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards. c. 3. If the protocol is accepted by the Union, and no timely objection is made by the qualified expert for the Union, the designated vendor will be accepted, accepted and a collection point designated. d. 4. The results of the testing shall be delivered only to the Fire Chief, City Manager, 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 release for disclosure of the testing results. A Union representative from the bargaining unit member shall have a right to access to the results upon request to the Fire Chief Chief, with the employee's ’s written consent. e. 5. Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the Employer City, submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. f. 6. Refusal by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or blood, blood or the taking of hair samples samples, as ordered, shall constitute a presumption of a positive test result and may result in such employee's ’s discipline. At the time of the taking of the original specimens, multiple three (3) separate specimens will be taken. Two of the specimens shall be delivered to separate testing facilities and an additional sample may the third shall be sent to a drug testing facility of the employee's ’s choice. The employee's ’s sample will be tested at the employee's ’s request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two (2) separate tests required by the Employer City have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall be paid by the EmployerCity. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the results result of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. g. 7. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. h. 8. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. i. 9. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with the sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. j. 10. In the event that two tests are positive, the employee is entitled to have the sample in the third container tested at an approved laboratory, at the employee's ’s expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the Employer City shall take place in order to decide if another test would benefit the accused. If possible or necessary, necessary another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. k. 11. A list of at least two three (23) 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 Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. l. 12. After two (2) positive test results are received as set forth above, the employer may impose require the employee to participate in any rehabilitation that is covered by the employee’s health insurance or EAP. Depending upon the nature and severity of the offense, discipline up to and including termination. Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or reasonable deferred at pending rehabilitation of the City's discretion. m. Rehabilitation programs individual. Discipline resulting from the positive findings of confirmatory sample testing for beer, wine, or intoxicating liquor shall be available for employees who voluntarily come forward deferred on the first occasion pending rehabilitation of the individual unless said use resulted in loss or damage to request participation at least forty-eight (48) hours prior City property or liability of the City to the imposition of a random test or forty-eight (48) hours prior to the occurrence of any other reason for testing, and at the City's discretion, in lieu of or in addition to disciplinethird party. An employee who volunteers to participate participates in a rehabilitation program shall be allowed to use sick leave, vacation leavetime, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his/her his former position. Any employee in the above- above mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. n. 13. If the screening test is positive and the circumstances surrounding the incident are of such severity and egregiousness that immediate discipline is reasonable and appropriate, or if the employee refuses to undergo rehabilitation, or if he fails to complete a voluntary program of rehabilitation or if he tests positive during sporadic random tests within twelve (12) months after his/her his return to work from such a program, the employee shall be subject to immediate terminationdisciplinary action. Additionally, an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse abuse. (i.e. e.g. DUI, insubordination, etc.) o. Costs 14. Cost of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee's ’s expense. p. 15. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of the employee's ’s return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. q. For 16. Only for the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State or and Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. r. . The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee as a result of a testing of positive on more than once. 17. An employee who refuses to take or does not take a substance test or refusal administered pursuant to take this Article and is only suspended may not return to duty until he/she has passed a testsubstance test administered under this Article. s. 18. Any bargaining unit employee who has been ordered to undergo blood blood, hair, or urine or hair testing mayurine, testing, may upon request, be accompanied to the testing site by a ▇▇▇▇▇▇▇ or co- co-worker. No test will be delayed due to the tardiness of the employee's ’s representative or co-worker. The employee's ’s ▇▇▇▇▇▇▇ or co-worker shall be given reasonable time to attend. t. 19. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a public pubic record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. u. 20. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer's ’s substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's ’s confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. v. 21. The employer and the certified laboratory shall develop and maintain a clear and well- well-documented procedure for collection, shipment, and accessing of specimens under this Article. w. 22. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. To the extent that the Employer implements a Substance Testing Program that is applicable to employees covered by this Agreement the following minimal standards shall apply: a. All drug/alcohol screening tests shall be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (i.e. the College of American Pathologists). The procedure utilized by the employer and testing laboratory shall include a chain of custody procedure and mass spectroscopy confirmation of any positive initial screening. The foregoing laboratory procedures shall be the protocol followed in this article, and shall be outlined in writing, concerning the collection of bodily fluids utilized for examination and testing. The samples collected shall be contained in separate containers for use in the following prescribed testing procedures. All separate containers shall be initialed by the member and the person taking the samples after sealing of the containers. Either party may have another representative present as a witness during the taking of the aforementioned samples at no loss of wages for any party. b. This protocol procedure shall be sent to the Union; and at its option and expense, the Union may send the protocol procedure to a board-certified clinical pathologist for opinions as to the adequacy of the procedure. If the Union finds bona fide serious testing process flaws in the protocol, the Employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards. c. If the protocol is accepted by the Union, and no timely objection is made by the qualified expert for the Union, the designated vendor will be accepted, and a collection point designated. d. The results of the testing shall be delivered only to the 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 release for disclosure of the testing results. A Union representative from the bargaining unit shall have a right to access to the results upon request to the Fire Chief with the employee's written consent. e. Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the Employer submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. f. Refusal by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or blood, or the taking of hair samples as ordered, shall constitute a presumption of a positive test result and may result in such employee's discipline. At the time of the taking of the original specimens, multiple specimens will be taken. Two of the specimens shall be delivered to separate testing facilities and an additional sample may be sent to a drug testing facility of the employee's choice. The employee's sample will be tested at the employee's request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two separate tests required by the Employer have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her their specimen tested, the cost of such test shall be paid by the Employer. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the results of any test or physician verification for his/her their return to duty if the drug test returns indicate the employee was substance free. g. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. h. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. i. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. j. In the event that two tests are positive, the employee is entitled to have the sample tested at an approved laboratory, at the employee's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary, another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. k. A list of at least two (2) 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 Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. l. After two (2) positive test results are received as set forth above, the employer may impose discipline up to and including termination. Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or deferred at the City's discretion. m. Rehabilitation programs shall be available for employees who voluntarily come forward to request participation at least forty-eight (48) hours prior to the imposition of a random test or forty-eight (48) hours prior to the occurrence of any other reason for testing, and at the City's discretion, in lieu of or in addition to discipline. An employee who volunteers to participate in a rehabilitation program shall be allowed to use sick leave, vacation leave, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his/her their former position. Any employee in the above- above-mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. n. If the screening test is positive or if he fails to complete a voluntary program of rehabilitation or if he tests positive during sporadic tests within twelve (12) months after his/her their return to work from such a program, the employee shall be subject to immediate termination. Additionally, an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse (i.e. DUI, insubordination, etc.) o. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee's expense. p. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of employee's return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. q. For the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. r. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee as a result of a testing of positive on a substance test or refusal to take a test. s. Any bargaining unit employee who has been ordered to undergo blood or urine or hair testing may, upon request, be accompanied to the testing site by a ▇▇▇▇▇▇▇ or co- co-worker. No test will be delayed due to the tardiness of the employee's representative or co-worker. The employee's ▇▇▇▇▇▇▇ or co-worker shall be given reasonable time to attend. t. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. u. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his/her their medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. v. The employer and the certified laboratory shall develop and maintain a clear and well- documented procedure for collection, shipment, and accessing of specimens under this Article. w. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. To the extent that the Employer implements a Substance Testing Program that is applicable to employees covered by this Agreement the following minimal standards shall apply: a. A. All drug/alcohol screening tests shall be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (i.e. eg. the College of American Pathologists). The procedure utilized by the employer and testing laboratory shall include a chain of custody procedure and mass spectroscopy confirmation of any positive initial screening. The foregoing laboratory procedures shall be the protocol followed in this article, and shall be outlined in writing, concerning the collection of bodily fluids utilized for examination and testing. The samples collected shall be contained in separate containers for use in the following prescribed testing procedures. All separate containers shall be initialed by the member and the person taking the samples after sealing of the containers. Either party may have another representative present as a witness during the taking of the aforementioned samples at no loss of wages for any party. b. B. This protocol procedure shall be sent to the Union; and at its option and expense, the Union may send the protocol procedure to a board-board certified clinical pathologist for opinions as to the adequacy of the procedure. If the Union finds bona fide serious testing process flaws in the protocol, the Employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards. c. C. If the protocol is accepted by the Union, and no timely objection is made by the qualified expert for the Union, the designated vendor will be accepted, accepted and a collection point designated. d. D. The results of the testing shall be delivered only to the 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 release for disclosure of the testing results. A Union representative from the bargaining unit shall have a right to access to the results upon request to the Fire Chief with the employee's written consent. e. E. Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the Employer submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. f. F. Refusal by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or blood, or the taking of hair samples as ordered, shall constitute a presumption of a positive test result and may result in such employee's discipline. At the time of the taking of the original specimens, multiple specimens will be taken. Two of the specimens shall be delivered to separate testing facilities and an additional sample may be sent to a drug testing facility of the employee's choice. The employee's sample will be tested at the employee's request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two separate tests required by the Employer have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall be paid by the Employer. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. g. G. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. h. H. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. i. I. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. j. J. In the event that two tests are positive, the employee is entitled to have the sample tested at an approved laboratory, at the employee's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary, necessary another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. k. K. A list of at least two (2) 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 Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. l. L. After two (2) positive test results are received as set forth above, the employer may impose discipline up to and including termination. Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or deferred at the City's ’s discretion. m. M. Rehabilitation programs shall be available for employees who voluntarily come forward to request participation at least forty-eight (48) 48 hours prior to the imposition of a random test or forty-eight (48) 48 hours prior to the occurrence of any other reason for testing, and at the City's ’s discretion, in lieu of or in addition to discipline. An employee who volunteers to participate in a rehabilitation program shall be allowed to use sick leaveESL, vacation leaveESL, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his/her former position. Any employee in the above- above–mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave ESL shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. n. N. If the screening test is positive or if he fails to complete a voluntary program of rehabilitation or if he tests positive during sporadic tests within twelve (12) months after his/her return to work from such a program, the employee shall be subject to immediate termination. Additionally, Additionally an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse (i.e. eg., DUI, insubordination, etc.) o. O. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee's expense. p. P. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of employee's return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. q. Q. For the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. r. R. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee as a result of a testing of positive on a substance test or refusal to take a test. s. S. Any bargaining unit employee who has been ordered to undergo blood or urine or hair testing may, upon request, be accompanied to the testing site by a ▇▇▇▇▇▇▇ or co- co–worker. No test will be delayed due to the tardiness of the employee's representative or co-–worker. The employee's ▇▇▇▇▇▇▇ or co-–worker shall be given reasonable time to attend. t. T. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. u. U. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. v. V. The employer and the certified laboratory shall develop and maintain a clear and well- well–documented procedure for collection, shipment, and accessing of specimens under this Article. w. W. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. To the extent that the Employer implements a Substance Testing Program that is applicable to employees covered by this Agreement the following minimal standards shall apply:. a. (a) All drug/alcohol screening tests shall be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (i.e. e.g. the College of American Pathologists). The procedure utilized by the employer and testing laboratory shall include a chain of custody procedure and mass spectroscopy confirmation of any positive initial screeningscreening of blood, hair or urine. The foregoing laboratory procedures shall be the protocol followed in this article, and shall be outlined in writing, concerning the collection of bodily fluids or hair samples utilized for examination and testing. The samples collected shall be contained in two (2) separate containers for use in the following prescribed testing procedures. All separate containers shall be initialed by the member and the person taking the samples after sealing of the containers. Either party may have another representative present as a witness during the taking of the aforementioned samples at no loss of wages for any party. b. This (b) Should the Employer wish to alter the testing protocol, the protocol procedure shall be sent to the Union; and at its option and expense, the Union may send the protocol procedure to a board-board certified clinical pathologist for opinions as to the adequacy of the procedure. If the Union finds bona fide serious testing process flaws in the protocol, the Employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards. c. , which standards shall be binding upon the parties. If the protocol is accepted by the Union, and no timely objection is made by the qualified expert for the Union, the designated vendor will be accepted, accepted and a collection point designated. d. (c) The results of the testing shall be delivered only to the Township Administrator, Trustees and the employee tested. An employee whose confirmatory test result results is positive shall have the right to request a certified copy of the testing results in which the vendor shall affirm that and the test results were obtained using the approved protocol methods. The employee shall provide a release for disclosure of the testing results. A Union representative from the bargaining unit shall have a right to access to the results upon request to the Fire Chief administrator with the employee's ’s written consent. e. (d) Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the Employer Township, submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. f. (e) Refusal by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or bloodblood or hair, or the taking of hair samples as ordered, shall constitute a presumption of a positive test result and may result in such employee's ’s discipline, including termination. At the time of the taking of the original specimens, multiple two (2) separate specimens will be taken, each of which is subject to split sample testing. Two One (1) of the specimens shall be delivered to separate a licensed or accredited testing facilities facility of the employer’s choice and an additional sample may the second shall be sent to a drug testing facility of the employee's choice. The employee's sample will be tested ’s choice for testing at the employee's ’s request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two separate tests required by the Employer Township have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall be paid by the EmployerTownship. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the results of any test or physician verification for of his/her return to duty if the drug test returns indicate the employee was substance free. g. (f) If the screening test on the Employer’s sample is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. h. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. i. (g) In the event that the second test contradicts the results screening and confirmatory tests of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. j. In the event that two tests Employer’s sample are positive, the employee is entitled to have the sample in the second container tested at an approved laboratory, at the employee's ’s expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the Employer Township shall take place in order to decide if another test would benefit the accused. If the employee deems it possible or necessary, necessary another sample may be taken or retesting of the prior samples taken sample done at the joint (50-50) expense of both the employee and employee. The results of the employee’s test are not binding on the employer. k. (h) A list of at least two three (23) 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 Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. l. (i) After two (2) positive test results are received from the Employer’s sample as set forth above, the employer may impose require the employee to participate in any rehabilitation that is covered by the employee’s health insurance or EAP. Depending upon the nature and severity of the offense, discipline up to and including termination. Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants intoxicants, including termination, may be immediately imposed or reasonably deferred pending rehabilitation of the individual, at the City's discretion. m. Rehabilitation programs sole discretion of the Employer. Discipline resulting from the positive findings or confirmatory sample testing for alcohol and prescription drugs prescribed to the employee shall be available for employees who voluntarily come forward deferred on the first occasion pending rehabilitation of the individual, however, if said use resulted in loss or damage to request participation at least forty-eight (48) hours prior Township property or liability of the Township to a third party, immediate termination may be imposed even though the imposition of employee is referred to a random test or forty-eight (48) hours prior to the occurrence of any other reason for testing, and at the City's discretion, in lieu of or in addition to disciplinerehabilitation program. An employee who volunteers to participate participates in a rehabilitation program shall be allowed to use sick leave, vacation leave, leave of absence and compensatory time for the program for the period of the rehabilitation. The Employer is not required to offer an opportunity at rehabilitation to any Employee who tests positive for any other controlled substance or harmful intoxicant. The Employee will be required to execute medical releases authorizing the provision of information to the Employer regarding the Employee’s treatment and rehabilitation. Upon successful completion of such program, program and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his/her former positionposition and subject to random testing for a period of twelve (12) months. Any An employee in the above- mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles Article of this Agreement. n. (j) If the screening test is positive and the circumstances surrounding the incident are such severity and egregiousness that immediate discipline is reasonable and appropriate, or if the employee refuses to undergo rehabilitation, or if he fails to complete a voluntary program of rehabilitation or if he tests positive during sporadic tests within twelve (12) months after his/her return to work from such a program, the employee employees shall be subject to immediate terminationdisciplinary action. Additionally, Additionally an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse use (i.e. e.g., DUI, insubordinationinsubordinations, etc.). o. (k) Costs of all drug/alcohol screening tests and confirmatory tests test shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee's ’s expense. p. (l) The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of employee's ’s return to workwork following rehabilitation. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. q. For (m) Only for the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize authorized only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. r. (n) The provisions provision of this Agreement shall not require the employer to offer a rehabilitation program to any employee as a result of a testing of positive on a substance test or refusal to take a testmore than once. s. (o) Any bargaining unit employee who has been ordered to undergo blood or urine or hair testing may, upon request, be accompanied to the testing site by a ▇▇▇▇▇▇▇ or co- co-worker. No test will be delayed due to the tardiness of the employee's ’s representative or co-co- worker. The employee's ’s ▇▇▇▇▇▇▇ or co-worker shall be given reasonable time to attend. t. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. u. (p) The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer's ’s substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's ’s confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications qualification in analytical testing proceduresprocedure. v. (q) The employer and the certified laboratory shall develop and maintain a clear and well- documented procedure for collection, shipment, and accessing of specimens under this Article. w. (r) A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. Section 27.6.1 To the extent that the Employer employer implements a Substance Testing Program that is applicable to employees covered by this Agreement Agreement, the following minimal standards shall will apply: a. a) All drug/alcohol screening tests shall will be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (i.e. e.g., the College of American Pathologists). The procedure .) Practices utilized by the employer and testing laboratory shall will include a chain of chain-of-custody procedure procedures and mass spectroscopy confirmation of any positive initial screening. . b) The foregoing laboratory procedures shall will be the protocol followed in this articleArticle, and shall will be outlined in writing, writing concerning the collection of bodily fluids or hair samples utilized for examination and testing. . c) The samples collected shall will be contained in three (3) separate containers for use in the following prescribed testing procedures. All separate containers shall will be initialed by the member and the person taking the samples after sealing of the containers. Either party may have another representative present as a witness during the taking of the aforementioned samples at no loss of wages for any party. b. d) This protocol procedure shall will be sent to the Union; and at its option opinion and expense, the Union may send the protocol procedure to a board-board certified clinical pathologist for opinions as to the adequacy of the procedureprocedures. If the Union finds bona fide serious testing process flaws in the protocol, the Employer employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards, which standards will be binding upon the parties. c. e) If the protocol is accepted by the Union, and no timely objection is objections are made by the a qualified expert for the Union, the designated vendor will be accepted, accepted and a collection point designated. d. Section 27.6.2 The results of the testing shall will be delivered only to the Chief of Police, Township Administrator, Trustees and the employee tested. An employee whose confirmatory test result is positive shall will have the right to request a certified copy of the testing results in which the vendor shall will affirm that the test results were obtained using the approved protocol methods. The employee shall will provide a release for disclosure of the testing results. A Union representative from the bargaining unit shall will have a right to access to the results upon request to the Fire Chief of Police, with the employee's ’s written consent. e. Section 27.6.3 Upon direct orders by the Employer employer, pursuant to this Substance Testing Article, the employee shallwill, at the expense of the Employer Township, submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or blood, urine or the taking of hair samples and the release of the test result results to the employer. f. Section 27.6.4 Refusal by an employee to submit submit, as ordered, to the any test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or urine, blood, or the taking of hair samples sample, as ordered, shall will constitute a presumption of a positive test result result, and may result in such employee's ’s discipline, including termination. At the time of the taking of the original specimens, multiple three (3) separate specimens will be taken. Two of the specimens shall will be delivered to separate testing facilities facilities, and an additional sample may the third will be sent to a drug testing facility of the employee's ’s choice. The employee's ’s sample will be tested at the employee's ’s request and expense. . Section 27.6.5 The testing facilities chosen shall will have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two separate tests required by the Employer Township have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall will be paid by the EmployerTownship. No employee shall will suffer any loss of wages or accumulation of any type of leave while waiting for the results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. g. Section 27.6.6 If the screening test is positive, a confirmatory test shall will be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. h. Section 27.6.7 In the event the second test confirms the results of the first test, the Employer employer may proceed with sanctions as set forth in this Article. i. Section 27.6.8 In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, employer and approved by the employer and the Union. The results of this the test, if positive, shall will allow the employer to proceed with sanctions sanctions, as set forth in this Article. If the results are negative, the employee shall will be given the benefit of the doubt doubt, and no sanctions shall will be imposed. j. Section 27.6.9 In the event that two tests are positive, the employee is entitled to have the sample in the third container tested at an approved laboratory, at the employee's ’s expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary, another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. k. Section 27.6.10 A list of at least two three (23) approved testing laboratories shall will be maintained by the employer. These laboratories shall will conduct any testing directed by the employer. The employer shall will obtain the approval of the Union as to any laboratories put on this list, which approval shall will not be unreasonably withheld. l. Section 27.6.11 After two (2) positive test results are received from a split specimen, as set forth above, the employer may impose require the employee to participate in any rehabilitation that is covered by the employee’s health insurance or EAP. Depending upon the nature and severity of the offense, discipline up to and including termination. Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants intoxicants, including termination, may be immediately imposed or reasonably deferred pending rehabilitation of the employee, at the City's discretionsole option of the employer. m. Rehabilitation programs shall be available Section 27.6.12 Termination resulting from the positive findings of confirmatory sample testing for employees who voluntarily come forward to request participation at least forty-eight (48) hours prior alcohol and prescription drugs prescribed to the imposition employee will be deferred on the first occasion pending rehabilitation of the employee. However, if said use resulted in loss or damage to Township property or liability of the Township to a random test or forty-eight (48) hours prior third party, immediate termination may be imposed even though the employee is referred to the occurrence of any other reason for testing, and at the City's discretion, in lieu of or in addition to disciplinea rehabilitation program. An employee who volunteers to participate participates in a rehabilitation program shall will be allowed to use sick leave, vacation leave, leave of absence absence, and compensatory time for the program for the period of the rehabilitation. The employer is not required to offer an opportunity at rehabilitation to any employee who tests positive for any other controlled substance or harmful intoxicant. The employee will be required to execute medical releases authorizing the provision of information to the employer regarding the employee’s treatment and rehabilitation. Section 27.6.13 Upon successful completion of such program, program and upon receiving results from a retest demonstrating that the employee is substance free free, the employee shall will be returned to his/her former position. Any employee employees in the above- above mentioned rehabilitation programs who is are placed on medical leave of absence without pay because of a lack of accrued sick leave shall will retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. n. Section 27.6.14 If the screening test is positive and the circumstances surrounding the incident are of such severity and egregiousness that immediate discipline is reasonable and appropriate, or if he fails the employee refuses to undergo rehabilitation, or if they fail to complete a voluntary program of rehabilitation rehabilitation, or if he tests they test positive during sporadic substance abuse tests within twelve (12) months after his/her return to work from such a program, the employee shall be subject to immediate termination. Additionally, an employee shall will be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse (i.e. e.g., DUI, insubordination, etc.) o. Section 27.6.15 Costs of all drug/alcohol screening tests and confirmatory tests shall will be borne by the employer except that any test initiated at the request of the employee employee, or otherwise not mentioned shall mentioned, will be at the employee's ’s expense. p. Section 27.6.16 The employer may conduct three (3) sporadic tests for over a period of twelve (12) months from the time of an employee's ’s return to workwork following rehabilitation. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. q. For the Section 27.6.17 Only for purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall will execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall will authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. r. Section 27.6.18 The provisions of this Agreement shall will not require the employer to offer a rehabilitation program to any employee as a result more than once, subject to the provisions of a testing of positive on Section 27.6.12. Section 27.6.19 An employee who refuses to take, or does not take, a substance use test or refusal administered pursuant to take this Article, and is only suspended, may not return to duty until having passed a testsubstance use test administered pursuant to this Article. s. Section 27.6.20 Any bargaining unit employee who has been ordered to undergo blood or blood, urine or hair testing may, upon request, be accompanied to the testing site by a ▇▇▇▇▇▇▇ or co- co-worker. No test will be delayed due to the tardiness of the employee's ’s representative or co-worker. The employee's ’s ▇▇▇▇▇▇▇ or co-worker shall will be given reasonable time to attend. t. Section 27.6.21 Results of all tests administered pursuant to this Article shall will constitute medical information and shall will not constitute a public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. u. Section 27.6.22 The reading and interpretation of the specimen results shall will be done by a Medical Review Officer who shall will be a licensed physician responsible for receiving laboratory results generated by an employer's ’s substance testing program program, who has knowledge of substance abuse disorders disorders, and who has appropriate medical training to interpret and evaluate an individual's ’s confirmed positive test result together results in conjunction with his/her medical history and any other relevant biomedical information. This individual shall will have documented scientific qualifications in analytical testing procedures. v. Section 27.6.23 The employer and the certified laboratory shall will develop and maintain a clear and well- well-documented procedure for collection, shipment, shipment and accessing of specimens under this Article. w. Section 27.6.24 A proper chain of custody shall will be maintained on all specimens taken.

Substance Testing. To the extent that the Employer implements a Substance Testing Program that is applicable to employees covered by this Agreement the following minimal standards shall apply: a. A. All drug/alcohol screening tests shall be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (i.e. eg. the College of American Pathologists). The procedure utilized by the employer and testing laboratory shall include a chain of custody procedure and mass spectroscopy confirmation of any positive initial screening. The foregoing laboratory procedures shall be the protocol followed in this article, and shall be outlined in writing, concerning the collection of bodily fluids utilized for examination and testing. The samples collected shall be contained in two (2) separate containers for use in the following prescribed testing procedures. All separate containers shall be initialed by the member and the person taking the samples after sealing of the containers. Either party may have another representative present as a witness during the taking of the aforementioned samples at no loss of wages for any party. b. B. This protocol procedure shall be sent to the Union; and at its option and expense, the Union may send the protocol procedure to a board-board certified clinical pathologist for opinions as to the adequacy of the procedure. If the Union finds bona fide serious testing process flaws in the protocol, the Employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards. c. C. If the protocol is accepted by the Union, and no timely objection is made by the qualified expert for the Union, the designated vendor will be accepted, accepted and a collection point designated. d. D. The results of the testing shall be delivered only to the Police Chief 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 release for disclosure of the testing results. A Union representative from the bargaining unit shall have a right to access to the results upon request to the Fire Chief with the employee's written consent. e. E. Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the Employer submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. f. Refusal ▇. ▇▇▇▇▇▇▇ by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or blood, or the taking of hair samples as ordered, shall constitute a presumption of a positive test result and may result in such employee's discipline. At the time of the taking of the original specimens, multiple two (2) separate specimens will be taken. Two of the The specimens shall be delivered to separate the Employer’s testing facilities facility and, if requested by the employee, a third sample shall be taken at the same time and an additional sample may the third shall be sent to a drug testing facility of the employee's choice. The employee's sample will be tested at the employee's request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two separate tests required by the Employer have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall be paid by the Employer. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. g. G. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. h. ▇. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. i. I. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. j. ▇. In the event that two tests are positive, the employee is entitled to have the sample in the third container tested at an approved laboratory, at the employee's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary, necessary another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. k. K. A list of at least two (2) 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 Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. l. L. After two (2) positive test results are received as set forth above, the employer may impose require the employee to participate in any rehabilitation that is covered by the employee's health insurance or EAP. Depending upon the nature and severity of the offense, discipline up to and including termination. Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or reasonably deferred at pending rehabilitation of the City's discretion. m. Rehabilitation programs individual. Discipline resulting from the positive findings of confirmatory sample testing for beer, wine or intoxicating liquor shall be available for employees who voluntarily come forward deferred on the first occasion pending rehabilitation of the individual unless said use resulted in loss or damage to request participation at least forty-eight (48) hours prior City property or liability of the City to the imposition of a random test or forty-eight (48) hours prior to the occurrence of any other reason for testing, and at the City's discretion, in lieu of or in addition to disciplinethird party. An employee who volunteers to participate participates in a rehabilitation program shall be allowed to use sick leave, vacation leave, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his/her former position. Any employee in the above- above–mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. n. M. If the screening test is positive and the circumstances surrounding the incident are of such severity and egregiousness that immediate discipline is reasonable and appropriate, or if the employee refuses to undergo rehabilitation, or if he fails to complete a voluntary program of rehabilitation or if he tests positive during sporadic random tests within twelve (12) months after his/her return to work from such a program, the employee shall be subject to immediate terminationdisciplinary action. Additionally, Additionally an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse (i.e. eg., DUI, insubordination, etc.) o. N. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee's expense. p. O. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of employee's return to work. work However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. q. For P. Only for the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. r. . The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee as a result of a testing of positive on more than once. Q. An employee who refuses to take or does not take a substance test or refusal administered pursuant to take this Article and is only suspended may not return to duty until he/she has passed a testsubstance test administered under this Article. s. R. Any bargaining unit employee who has been ordered to undergo blood or urine or hair testing may, upon request, be accompanied to the testing site by a ▇▇▇▇▇▇▇ or co- co–worker. No test will be delayed due to the tardiness of the employee's representative or co-–worker. The employee's ▇▇▇▇▇▇▇ or co-–worker shall be given reasonable time to attend. t. S. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. u. T. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. v. U. The employer and the certified laboratory shall develop and maintain a clear and well- well–documented procedure for collection, shipment, and accessing of specimens under this Article. w. V. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. Section 26.6.1 To the extent that the Employer employer implements a Substance Testing Program that is applicable to employees covered by this Agreement Agreement, the following minimal standards shall will apply: a. a) All drug/alcohol screening tests shall will be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (i.e. e.g., the College of American Pathologists). The procedure .) Practices utilized by the employer and testing laboratory shall will include a chain of chain-of-custody procedure procedures and mass spectroscopy confirmation of any positive initial screening. . b) The foregoing laboratory procedures shall will be the protocol followed in this articleArticle, and shall will be outlined in writing, writing concerning the collection of bodily fluids or hair samples utilized for examination and testing. . c) The samples collected shall will be contained in three (3) separate containers for use in the following prescribed testing procedures. All separate containers shall will be initialed by the member and the person taking the samples after sealing of the containers. Either party may have another representative present as a witness during the taking of the aforementioned samples at no loss of wages for any party. b. d) This protocol procedure shall will be sent to the Union; and at its option opinion and expense, the Union may send the protocol procedure to a board-board certified clinical pathologist for opinions as to the adequacy of the procedureprocedures. If the Union finds bona fide serious testing process flaws in the protocol, the Employer employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards, which standards will be binding upon the parties. c. e) If the protocol is accepted by the Union, and no timely objection is objections are made by the a qualified expert for the Union, the designated vendor will be accepted, accepted and a collection point designated. d. Section 26.6.2 The results of the testing shall will be delivered only to the Chief of Police, Township Administrator, Trustees and the employee tested. An employee whose confirmatory test result is positive shall will have the right to request a certified copy of the testing results in which the vendor shall will affirm that the test results were obtained using the approved protocol methods. The employee shall will provide a release for disclosure of the testing results. A Union representative from the bargaining unit shall will have a right to access to the results upon request to the Fire Chief of Police, with the employee's ’s written consent. e. Section 26.6.3 Upon direct orders by the Employer employer, pursuant to this Substance Testing Article, the employee shallwill, at the expense of the Employer Township, submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or blood, urine or the taking of hair samples and the release of the test result results to the employer. f. Section 26.6.4 Refusal by an employee to submit submit, as ordered, to the any test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or urine, blood, or the taking of hair samples sample, as ordered, shall will constitute a presumption of a positive test result result, and may result in such employee's ’s discipline, including termination. At the time of the taking of the original specimens, multiple three (3) separate specimens will be taken. Two of the specimens shall will be delivered to separate testing facilities facilities, and an additional sample may the third will be sent to a drug testing facility of the employee's ’s choice. The employee's ’s sample will be tested at the employee's ’s request and expense. . Section 26.6.5 The testing facilities chosen shall will have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two separate tests required by the Employer Township have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall will be paid by the EmployerTownship. No employee shall will suffer any loss of wages or accumulation of any type of leave while waiting for the results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. g. Section 26.6.6 If the screening test is positive, a confirmatory test shall will be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. h. Section 26.6.7 In the event the second test confirms the results of the first test, the Employer employer may proceed with sanctions as set forth in this Article. i. Section 26.6.8 In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, employer and approved by the employer and the Union. The results of this the test, if positive, shall will allow the employer to proceed with sanctions sanctions, as set forth in this Article. If the results are negative, the employee shall will be given the benefit of the doubt doubt, and no sanctions shall will be imposed. j. Section 26.6.9 In the event that two tests are positive, the employee is entitled to have the sample in the third container tested at an approved laboratory, at the employee's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary, another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. k. A list of at least two (2) 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 Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. l. After two (2) positive test results are received as set forth above, the employer may impose discipline up to and including termination. Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or deferred at the City's discretion. m. Rehabilitation programs shall be available for employees who voluntarily come forward to request participation at least forty-eight (48) hours prior to the imposition of a random test or forty-eight (48) hours prior to the occurrence of any other reason for testing, and at the City's discretion, in lieu of or in addition to discipline. An employee who volunteers to participate in a rehabilitation program shall be allowed to use sick leave, vacation leave, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his/her former position. Any employee in the above- mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. n. If the screening test is positive or if he fails to complete a voluntary program of rehabilitation or if he tests positive during sporadic tests within twelve (12) months after his/her return to work from such a program, the employee shall be subject to immediate termination. Additionally, an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse (i.e. DUI, insubordination, etc.) o. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee's ’s expense. p. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of employee's return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. q. For the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. r. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee as a result of a testing of positive on a substance test or refusal to take a test. s. Any bargaining unit employee who has been ordered to undergo blood or urine or hair testing may, upon request, be accompanied to the testing site by a ▇▇▇▇▇▇▇ or co- worker. No test will be delayed due to the tardiness of the employee's representative or co-worker. The employee's ▇▇▇▇▇▇▇ or co-worker shall be given reasonable time to attend. t. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. u. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. v. The employer and the certified laboratory shall develop and maintain a clear and well- documented procedure for collection, shipment, and accessing of specimens under this Article. w. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. Section 27.6.1 To the extent that the Employer employer implements a Substance Testing Program that is applicable to employees covered by this Agreement Agreement, the following minimal standards shall will apply: a. a) All drug/alcohol screening tests shall will be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (i.e. e.g., the College of American Pathologists). The procedure .) Practices utilized by the employer and testing laboratory shall will include a chain of chain-of-custody procedure procedures and mass spectroscopy confirmation of any positive initial screening. . b) The foregoing laboratory procedures shall will be the protocol followed in this articleArticle, and shall will be outlined in writing, writing concerning the collection of bodily fluids or hair samples utilized for examination and testing. . c) The samples collected shall will be contained in three (3) separate containers for use in the following prescribed testing procedures. All separate containers shall will be initialed by the member and the person taking the samples after sealing of the containers. Either party may have another representative present as a witness during the taking of the aforementioned samples at no loss of wages for any party. b. d) This protocol procedure shall will be sent to the Union; and at its option opinion and expense, the Union may send the protocol procedure to a board-certified clinical pathologist for opinions as to the adequacy of the procedureprocedures. If the Union finds bona fide serious testing process flaws in the protocol, the Employer employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards, which standards will be binding upon the parties. c. e) If the protocol is accepted by the Union, and no timely objection is objections are made by the a qualified expert for the Union, the designated vendor will be accepted, accepted and a collection point designated. d. Section 27.6.2 The results of the testing shall will be delivered only to the Chief of Police, Township Administrator, Trustees and the employee tested. An employee whose confirmatory test result is positive shall will have the right to request a certified copy of the testing results in which the vendor shall will affirm that the test results were obtained using the approved protocol methods. The employee shall will provide a release for disclosure of the testing results. A Union representative from the bargaining unit shall will have a right to access to the results upon request to the Fire Chief of Police, with the employee's ’s written consent. e. Section 27.6.3 Upon direct orders by the Employer employer, pursuant to this Substance Testing Article, the employee shallwill, at the expense of the Employer Township, submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or blood, urine or the taking of hair samples and the release of the test result results to the employer. f. Section 27.6.4 Refusal by an employee to submit submit, as ordered, to the any test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or urine, blood, or the taking of hair samples sample, as ordered, shall will constitute a presumption of a positive test result result, and may result in such employee's ’s discipline, including termination. At the time of the taking of the original specimens, multiple three (3) separate specimens will be taken. Two of the specimens shall will be delivered to separate testing facilities facilities, and an additional sample may the third will be sent to a drug testing facility of the employee's ’s choice. The employee's ’s sample will be tested at the employee's ’s request and expense. . Section 27.6.5 The testing facilities chosen shall will have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two separate tests required by the Employer Township have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall will be paid by the EmployerTownship. No employee shall will suffer any loss of wages or accumulation of any type of leave while waiting for the results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. g. Section 27.6.6 If the screening test is positive, a confirmatory test shall will be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. h. Section 27.6.7 In the event the second test confirms the results of the first test, the Employer employer may proceed with sanctions as set forth in this Article. i. Section 27.6.8 In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, employer and approved by the employer and the Union. The results of this the test, if positive, shall will allow the employer to proceed with sanctions sanctions, as set forth in this Article. If the results are negative, the employee shall will be given the benefit of the doubt doubt, and no sanctions shall will be imposed. j. Section 27.6.9 In the event that two tests are positive, the employee is entitled to have the sample in the third container tested at an approved laboratory, at the employee's ’s expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary, another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. k. Section 27.6.10 A list of at least two three (23) approved testing laboratories shall will be maintained by the employer. These laboratories shall will conduct any testing directed by the employer. The employer shall will obtain the approval of the Union as to any laboratories put on this list, which approval shall will not be unreasonably withheld. l. Section 27.6.11 After two (2) positive test results are received from a split specimen, as set forth above, the employer may impose require the employee to participate in any rehabilitation that is covered by the employee’s health insurance or EAP. Depending upon the nature and severity of the offense, discipline up to and including termination. Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants intoxicants, including termination, may be immediately imposed or reasonably deferred pending rehabilitation of the employee, at the City's discretionsole option of the employer. m. Rehabilitation programs shall be available Section 27.6.12 Termination resulting from the positive findings of confirmatory sample testing for employees who voluntarily come forward to request participation at least forty-eight (48) hours prior alcohol and prescription drugs prescribed to the imposition employee will be deferred on the first occasion pending rehabilitation of the employee. However, if said use resulted in loss or damage to Township property or liability of the Township to a random test or forty-eight (48) hours prior third party, immediate termination may be imposed even though the employee is referred to the occurrence of any other reason for testing, and at the City's discretion, in lieu of or in addition to disciplinea rehabilitation program. An employee who volunteers to participate participates in a rehabilitation program shall will be allowed to use sick leave, vacation leave, leave of absence absence, and compensatory time for the program for the period of the rehabilitation. The employer is not required to offer an opportunity at rehabilitation to any employee who tests positive for any other controlled substance or harmful intoxicant. The employee will be required to execute medical releases authorizing the provision of information to the employer regarding the employee’s treatment and rehabilitation. Section 27.6.13 Upon successful completion of such program, program and upon receiving results from a retest demonstrating that the employee is substance free free, the employee shall will be returned to his/her former position. Any employee employees in the above- above-mentioned rehabilitation programs who is are placed on medical leave of absence without pay because of a lack of accrued sick leave shall will retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. n. Section 27.6.14 If the screening test is positive and the circumstances surrounding the incident are of such severity and egregiousness that immediate discipline is reasonable and appropriate, or if he fails the employee refuses to undergo rehabilitation, or if they fail to complete a voluntary program of rehabilitation rehabilitation, or if he tests they test positive during sporadic substance abuse tests within twelve (12) months after his/her return to work from such a program, the employee shall be subject to immediate termination. Additionally, an employee shall will be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse (i.e. e.g., DUI, insubordination, etc.) o. Section 27.6.15 Costs of all drug/alcohol screening tests and confirmatory tests shall will be borne by the employer except that any test initiated at the request of the employee employee, or otherwise not mentioned shall mentioned, will be at the employee's ’s expense. p. Section 27.6.16 The employer may conduct three (3) sporadic tests for over a period of twelve (12) months from the time of an employee's ’s return to workwork following rehabilitation. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. q. For the Section 27.6.17 Only for purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall will execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall will authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. r. Section 27.6.18 The provisions of this Agreement shall will not require the employer to offer a rehabilitation program to any employee as a result more than once, subject to the provisions of a testing of positive on Section 27.6.12. Section 27.6.19 An employee who refuses to take, or does not take, a substance use test or refusal administered pursuant to take this Article, and is only suspended, may not return to duty until having passed a testsubstance use test administered pursuant to this Article. s. Section 27.6.20 Any bargaining unit employee who has been ordered to undergo blood or blood, urine or hair testing may, upon request, be accompanied to the testing site by a ▇▇▇▇▇▇▇ or co- co-worker. No test will be delayed due to the tardiness of the employee's ’s representative or co-worker. The employee's ’s ▇▇▇▇▇▇▇ or co-worker shall will be given reasonable time to attend. t. Section 27.6.21 Results of all tests administered pursuant to this Article shall will constitute medical information and shall will not constitute a public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. u. Section 27.6.22 The reading and interpretation of the specimen results shall will be done by a Medical Review Officer who shall will be a licensed physician responsible for receiving laboratory results generated by an employer's ’s substance testing program program, who has knowledge of substance abuse disorders disorders, and who has appropriate medical training to interpret and evaluate an individual's ’s confirmed positive test result together results in conjunction with his/her medical history and any other relevant biomedical information. This individual shall will have documented scientific qualifications in analytical testing procedures. v. Section 27.6.23 The employer and the certified laboratory shall will develop and maintain a clear and well- well-documented procedure for collection, shipment, shipment and accessing of specimens under this Article. w. Section 27.6.24 A proper chain of custody shall will be maintained on all specimens taken.

Substance Testing. To the extent that the Employer implements a Substance Testing Program that is applicable to employees covered by this Agreement the following minimal standards shall apply: a. All drug/alcohol screening tests shall be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (i.e. the College of American Pathologists). The procedure utilized by the employer and testing laboratory shall include a chain of custody procedure and mass spectroscopy confirmation of any positive initial screening. The foregoing laboratory procedures shall be the protocol followed in this article, and shall be outlined in writing, concerning the collection of bodily fluids utilized for examination and testing. The samples collected shall be contained in separate containers for use in the following prescribed testing procedures. All separate containers shall be initialed by the member and the person taking the samples after sealing of the containers. Either party may have another representative present as a witness during the taking of the aforementioned samples at no loss of wages for any party. b. This protocol procedure shall be sent to the Union; and at its option and expense, the Union may send the protocol procedure to a board-certified clinical pathologist for opinions as to the adequacy of the procedure. If the Union finds bona fide serious testing process flaws in the protocol, the Employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards. c. If the protocol is accepted by the Union, and no timely objection is made by the qualified expert for the Union, the designated vendor will be accepted, and a collection point designated. d. The results of the testing shall be delivered only to the employer 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 release for disclosure of the testing results. A Union representative from the bargaining unit shall have a right to access to the results upon request to the Fire Chief with the employee's written consent. e. Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the Employer submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. f. Refusal by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or blood, or the taking of hair samples as ordered, shall constitute a presumption of a positive test result and may result in such employee's discipline. At the time of the taking of the original specimens, multiple specimens will be taken. Two of the specimens shall be delivered to separate testing facilities and an additional sample may be sent to a drug testing facility of the employee's choice. The employee's sample will be tested at the employee's request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two separate tests required by the Employer have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her their specimen tested, the cost of such test shall be paid by the Employer. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the results of any test or physician verification for his/her their return to duty if the drug test returns indicate the employee was substance free. g. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. h. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article.. 24 i. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. j. In the event that two tests are positive, the employee is entitled to have the sample tested at an approved laboratory, at the employee's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary, another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. k. A list of at least two (2) 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 Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. l. After two (2) positive test results are received as set forth above, the employer may impose discipline up to and including termination. Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or deferred at the City's discretion. m. Rehabilitation programs shall be available for employees who voluntarily come forward to request participation at least forty-eight (48) hours prior to the imposition of a random test or forty-eight (48) hours prior to the occurrence of any other reason for testing, and at the City's discretion, in lieu of or in addition to discipline. An employee who volunteers to participate in a rehabilitation program shall be allowed to use sick leave, vacation leave, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his/her their former position. Any employee in the above- above-mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. n. If the screening test is positive or if he fails to complete a voluntary program of rehabilitation or if he tests positive during sporadic tests within twelve (12) months after his/her their return to work from such a program, the employee shall be subject to immediate termination. Additionally, an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse (i.e. DUI, insubordination, etc.) o. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee's expense. p. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of employee's return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. q. For the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. r. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee as a result of a testing of positive on a substance test or refusal to take a test. s. Any bargaining unit employee who has been ordered to undergo blood or urine or hair testing may, upon request, be accompanied to the testing site by a ▇▇▇▇▇▇▇ or co- co-worker. No test will be delayed due to the tardiness of the employee's representative or co-worker. The employee's ▇▇▇▇▇▇▇ or co-worker shall be given reasonable time to attend. t. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. u. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his/her their medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. v. The employer and the certified laboratory shall develop and maintain a clear and well- documented procedure for collection, shipment, and accessing of specimens under this Article. w. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. To the extent that the Employer implements a Substance Testing Program that is applicable to employees covered by this Agreement the following minimal standards shall apply: a. All drug/alcohol screening tests shall be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (i.e. the College of American Pathologists). The procedure utilized by the employer and testing laboratory shall include a chain of custody procedure and mass spectroscopy confirmation of any positive initial screening. The foregoing laboratory procedures shall be the protocol followed in this article, and shall be outlined in writing, concerning the collection of bodily fluids utilized for examination and testing. The samples collected shall be contained in separate containers for use in the following prescribed testing procedures. All separate containers shall be initialed by the member and the person taking the samples after sealing of the containers. Either party may have another representative present as a witness during the taking of the aforementioned samples at no loss of wages for any party. b. This protocol procedure shall be sent to the Union; and at its option and expense, the Union may send the protocol procedure to a board-certified board‐certified clinical pathologist for opinions as to the adequacy of the procedure. If the Union finds bona fide serious testing process flaws in the protocol, the Employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards. c. If the protocol is accepted by the Union, and no timely objection is made by the qualified expert for the Union, the designated vendor will be accepted, and a collection point designated. d. The results of the testing shall be delivered only to the 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 release for disclosure of the testing results. A Union representative from the bargaining unit shall have a right to access to the results upon request to the Fire Chief with the employee's written consent. e. Upon direct orders by the Employer pursuant to this Substance Testing Article, the employee shall, at the expense of the Employer submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or urine or the taking of hair samples and the release of the test result to the employer. f. Refusal by an employee to submit to the test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or blood, or the taking of hair samples as ordered, shall constitute a presumption of a positive test result and may result in such employee's discipline. At the time of the taking of the original specimens, multiple specimens will be taken. Two of the specimens shall be delivered to separate testing facilities and an additional sample may be sent to a drug testing facility of the employee's choice. The employee's sample will be tested at the employee's request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two separate tests required by the Employer have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall be paid by the Employer. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. g. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. h. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. i. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. j. In the event that two tests are positive, the employee is entitled to have the sample tested at an approved laboratory, at the employee's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary, another sample may be taken or retesting of the prior samples taken at the joint (50-5050‐50) expense of both the employee and the employer. k. A list of at least two (2) 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 Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. l. After two (2) positive test results are received as set forth above, the employer may impose discipline up to and including termination. Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or deferred at the City's discretion. m. Rehabilitation programs shall be available for employees who voluntarily come forward to request participation at least forty-eight forty‐eight (48) hours prior to the imposition of a random test or forty-eight forty‐eight (48) hours prior to the occurrence of any other reason for testing, and at the City's discretion, in lieu of or in addition to discipline. An employee who volunteers to participate in a rehabilitation program shall be allowed to use sick leave, vacation leave, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his/her former position. Any employee in the above- above‐ mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. n. If the screening test is positive or if he fails to complete a voluntary program of rehabilitation or if he tests positive during sporadic tests within twelve (12) months after his/her return to work from such a program, the employee shall be subject to immediate termination. Additionally, an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse (i.e. DUI, insubordination, etc.) o. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee's expense. p. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of employee's return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. q. For the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. r. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee as a result of a testing of positive on a substance test or refusal to take a test. s. Any bargaining unit employee who has been ordered to undergo blood or urine or hair testing may, upon request, be accompanied to the testing site by a ▇▇▇▇▇▇▇ or co- co‐ worker. No test will be delayed due to the tardiness of the employee's representative or co-workerco‐worker. The employee's ▇▇▇▇▇▇▇ or co-worker co‐worker shall be given reasonable time to attend. t. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. u. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. v. The employer and the certified laboratory shall develop and maintain a clear and well- well‐ documented procedure for collection, shipment, and accessing of specimens under this Article. w. A proper chain of custody shall be maintained on all specimens taken.

Substance Testing. Section 26.6.1 To the extent that the Employer employer implements a Substance Testing Program that is applicable to employees covered by this Agreement Agreement, the following minimal standards shall will apply: a. a) All drug/alcohol screening tests shall will be conducted by medical laboratories licensed by the State of Ohio or properly accredited by a recognized national organization (i.e. e.g., the College of American Pathologists). The procedure .) Practices utilized by the employer and testing laboratory shall will include a chain of chain-of-custody procedure procedures and mass spectroscopy confirmation of any positive initial screening. . b) The foregoing laboratory procedures shall will be the protocol followed in this articleArticle, and shall will be outlined in writing, writing concerning the collection of bodily fluids or hair samples utilized for examination and testing. . c) The samples collected shall will be contained in three (3) separate containers for use in the following prescribed testing procedures. All separate containers shall will be initialed by the member and the person taking the samples after sealing of the containers. Either party may have another representative present as a witness during the taking of the aforementioned samples at no loss of wages for any party. b. d) This protocol procedure shall will be sent to the Union; and at its option opinion and expense, the Union may send the protocol procedure to a board-certified clinical pathologist for opinions as to the adequacy of the procedureprocedures. If the Union finds bona fide serious testing process flaws in the protocol, the Employer employer will communicate with and/or solicit other potential vendors to achieve an acceptable protocol that satisfies accepted industry standards, which standards will be binding upon the parties. c. e) If the protocol is accepted by the Union, and no timely objection is objections are made by the a qualified expert for the Union, the designated vendor will be accepted, accepted and a collection point designated. d. Section 26.6.2 The results of the testing shall will be delivered only to the Chief of Police, Township Administrator, Trustees and the employee tested. An employee whose confirmatory test result is positive shall will have the right to request a certified copy of the testing results in which the vendor shall will affirm that the test results were obtained using the approved protocol methods. The employee shall will provide a release for disclosure of the testing results. A Union representative from the bargaining unit shall will have a right to access to the results upon request to the Fire Chief of Police, with the employee's ’s written consent. e. Section 26.6.3 Upon direct orders by the Employer employer, pursuant to this Substance Testing Article, the employee shallwill, at the expense of the Employer Township, submit to such test; and upon request, the employee will sign an appropriate release form authorizing withdrawal of blood or blood, urine or the taking of hair samples and the release of the test result results to the employer. f. Section 26.6.4 Refusal by an employee to submit submit, as ordered, to the any test under this Article, as ordered, or the refusal to sign a release form, as required, or the failure or refusal to provide either a specimen of urine or urine, blood, or the taking of hair samples sample, as ordered, shall will constitute a presumption of a positive test result result, and may result in such employee's ’s discipline, including termination. At the time of the taking of the original specimens, multiple three (3) separate specimens will be taken. Two of the specimens shall will be delivered to separate testing facilities facilities, and an additional sample may the third will be sent to a drug testing facility of the employee's ’s choice. The employee's ’s sample will be tested at the employee's ’s request and expense. The testing facilities chosen shall have Liability Insurance to protect the employee from false readings of the specimens being tested. If the results of the two separate tests required by the Employer have not been returned within twenty (20) calendar days and the employee deems it necessary to have his/her specimen tested, the cost of such test shall be paid by the Employer. No employee shall suffer any loss of wages or accumulation of any type of leave while waiting for the results of any test or physician verification for his/her return to duty if the drug test returns indicate the employee was substance free. g. If the screening test is positive, a confirmatory test shall be conducted. The positive findings of the first confirmatory test may be followed by the employer desiring that the second sample be tested. h. In the event the second test confirms the results of the first test, the Employer may proceed with sanctions as set forth in this Article. i. In the event that the second test contradicts the results of the first test, the employer may request a third test at a laboratory from the list maintained by the employer, approved by the employer and the Union. The results of this test, if positive, shall allow the employer to proceed with sanctions as set forth in this Article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. j. In the event that two tests are positive, the employee is entitled to have the sample tested at an approved laboratory, at the employee's expense. If this test were to come back negative, all of the testing procedures shall be investigated and a meeting with the member, union, and the Employer shall take place in order to decide if another test would benefit the accused. If possible or necessary, another sample may be taken or retesting of the prior samples taken at the joint (50-50) expense of both the employee and the employer. k. A list of at least two (2) 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 Union as to any laboratories put on this list, which approval shall not be unreasonably withheld. l. After two (2) positive test results are received as set forth above, the employer may impose discipline up to and including termination. Discipline resulting from the positive findings of confirmatory sample testing for controlled substances and/or harmful intoxicants may be immediately imposed or deferred at the City's discretion. m. Rehabilitation programs shall be available for employees who voluntarily come forward to request participation at least forty-eight (48) hours prior to the imposition of a random test or forty-eight (48) hours prior to the occurrence of any other reason for testing, and at the City's discretion, in lieu of or in addition to discipline. An employee who volunteers to participate in a rehabilitation program shall be allowed to use sick leave, vacation leave, leave of absence and compensatory time for the program for the period of the rehabilitation. Upon successful completion of such program, and upon receiving results from a retest demonstrating that the employee is substance free the employee shall be returned to his/her former position. Any employee in the above- mentioned rehabilitation programs who is placed on medical leave of absence without pay because of a lack of accrued sick leave shall retain only such benefits and seniority as is provided under other applicable Articles of this Agreement. n. If the screening test is positive or if he fails to complete a voluntary program of rehabilitation or if he tests positive during sporadic tests within twelve (12) months after his/her return to work from such a program, the employee shall be subject to immediate termination. Additionally, an employee shall be subject to discipline for any violation of law or policy that occurs while on duty in conjunction with said substance or alcohol abuse (i.e. DUI, insubordination, etc.) o. Costs of all drug/alcohol screening tests and confirmatory tests shall be borne by the employer except that any test initiated at the request of the employee or otherwise not mentioned shall be at the employee's expense. p. The employer may conduct three (3) sporadic tests for a period of twelve (12) months from the time of employee's return to work. However, drug/alcohol testing may be required of any employee, at any time, based upon reasonable suspicion or if randomly selected. q. For the purposes of implementing the provisions of this Article, each bargaining unit member who undergoes substance testing shall execute a medical release in order for the employer to obtain the results of the drug/alcohol screening testing. Except as otherwise provided by State or Federal law with regard to communicable diseases, or without further authorization of the employee, the releases referred to in this Article shall authorize only the release of examination results and progress reports pertaining to the drug screening test results. No other medical findings may be released without the express written permission of the employee. r. The provisions of this Agreement shall not require the employer to offer a rehabilitation program to any employee as a result of a testing of positive on a substance test or refusal to take a test. s. Any bargaining unit employee who has been ordered to undergo blood or urine or hair testing may, upon request, be accompanied to the testing site by a ▇▇▇▇▇▇▇ or co- worker. No test will be delayed due to the tardiness of the employee's representative or co-worker. The employee's ▇▇▇▇▇▇▇ or co-worker shall be given reasonable time to attend. t. Results of all tests administered pursuant to this Article shall constitute medical information and shall not constitute a public record unless otherwise provided under Ohio law. There will be equal and fair treatment to all bargaining unit employees. u. The reading and interpretation of the specimen results shall be done by a Medical Review Officer who shall be a licensed physician responsible for receiving laboratory results generated by an employer's substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his/her medical history and any other relevant biomedical information. This individual shall have documented scientific qualifications in analytical testing procedures. v. The employer and the certified laboratory shall develop and maintain a clear and well- documented procedure for collection, shipment, and accessing of specimens under this Article. w. A proper chain of custody shall be maintained on all specimens taken.