Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer shall: a) Use only a clinical laboratory or hospital facility that is mutually agreed upon by the Employer and the Union. b) Establish a chain of custody procedure for both sample collection and testing that will ensure the integrity of the identity of each sample and test result; c) Collect a sufficient sample of the same body fluid or materials from an officer to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the officer; d) Collect samples in such a manner as to ensure a high degree of security for the sample and its freedom from adulteration. Collection shall only be done by properly licensed organizations or individuals who are not Employees of the County of ▇▇▇▇▇▇▇, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employee. e) Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; Provide the officer tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officer's own choosing, at the officer's own expense provided the officer notifies the Employer within seventy-two (72) hours of receiving the results of the tests; f) Require that the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein, the Employer will not use such information in any manner or form adverse to the officer's interests; g) Require that with regard to alcohol testing, for the purpose of determining whether the officer is under the influence of alcohol test results that show an alcohol concentration of .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive and conclusive evidence that the Employee is under the influence. If a test is greater than 0.0 but less than .04 the officer shall be conclusively presumed not to be under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzer. h) Provide each officer tested with a copy of all information and reports received by the Employer in connection with the testing and the results; i) Ensure that no officer is the subject of any adverse employment action except temporary reassignment or relief from duty during the pendency of any testing procedure. j) Notify the Employee of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered to discuss the results with the Employee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer shall:
(a) Use only a clinical laboratory or hospital facility that is mutually agreed upon licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the Employer and the Union.National Institute of Drug Abuse (NIDA);
(b) Establish a chain of custody procedure for both sample collection and testing that will ensure insure the integrity of the identity of each sample and test result;
(c) Collect a sufficient sample of the same body fluid or materials from an officer employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the officeremployee;
(d) Collect samples in such a manner as to ensure a insure high degree of security for the sample and its freedom from adulteration. Collection shall only be done by properly licensed organizations or individuals who are not Employees of the County of ▇▇▇▇▇▇▇, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employee.;
(e) Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; ;
(f) Provide the officer employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officeremployee's own choosing, at the officeremployee's own expense provided the officer employee notifies the Employer within seventy-two (72) hours of receiving the results of the tests;
f(g) Require that the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein, the Employer will not use such information in any manner or form adverse to the officeremployee's interests;
g(h) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence of alcohol alcohol, test results that show an alcohol concentration of .041 .04 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive and conclusive evidence that the Employee is under the influencepositive. If a test is greater than 0.0 but less than .04 .04, the officer employee shall be presumed to be not under the influence of alcohol. If the test is .10 or greater, the employee shall be conclusively presumed not to be under the influence of alcohol. Alcohol testing If the test is less than .04, the Employer shall only not be conducted through precluded from demonstrating the use employee was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of a breathalyzer.proof in such cases;
h(i) Provide each officer employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results;
i(j) Ensure Insure that no officer employee is the subject of any adverse employment action except temporary reassignment or relief from duty during the pendency of any testing procedure.
j) Notify the Employee of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered to discuss the results with the Employee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer Village shall:
a) Use only a clinical laboratory or hospital facility that is mutually agreed upon licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the Employer and the Union.National Institute of Drug Abuse (NIDA);
b) Establish a chain of custody procedure for both the sample collection and testing that will ensure insure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody;
c) Collect a sufficient sample of the same body bodily fluid or materials material from an officer employee to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside reserved for later testing if requested by the officeremployee;
d) Collect samples in such a manner as to ensure preserve the individual employee's right to privacy, insure a high degree of security for the sample and its freedom from adulteration. Collection Employees shall only not be done witnessed by properly licensed organizations anyone while submitting a sample, except in circumstances where the laboratory or individuals who are facility does not Employees have a “clean room” for submitting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the County of ▇▇▇▇▇▇▇, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employee.procedure;
e) Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; ;
f) Provide the officer employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officeremployee's own choosing, at the officeremployee's own expense expense, provided the officer employee notifies the Employer within seventy-two (72) hours of receiving the results of the tests;
fg) Require that the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing testing, or the results thereof be obtained by the Employer inconsistent with the understandings expressed hereinherein (e.g., ▇▇▇▇▇▇▇▇ for testing that reveal the nature or number of test administered), the Employer will not use such information in any manner or form forum adverse to the officeremployee's interests;
gh) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence in violation of alcohol test results that show an alcohol concentration of .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive and conclusive evidence that the Employee is under the influence. If a test is greater than 0.0 but less than .04 the officer shall be conclusively presumed not to be Section 12.2, under the influence of alcohol. Alcohol testing shall only , test results showing an alcohol concentration level at or above the standards applicable to over-the-road drivers pursuant to the then applicable Illinois Department of Transportation (IDOT) regulations will be conducted through the use of a breathalyzer.considered positive test results;
hi) Provide each officer employee tested with a copy of all information and reports received by the Employer Village in connection with the testing and the results;
ij) Ensure Insure that no officer employee is the subject of any adverse employment action except emergency temporary reassignment or relief from duty with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.
j) Notify the Employee of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered to discuss the results with the Employee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer shall:
(a) Use only a clinical laboratory or hospital facility that is mutually agreed upon licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the Employer and the Union.National Institute of Drug Abuse (NIDA);
(b) Establish a chain of custody procedure for both sample collection and testing that will ensure insure the integrity of the identity of each sample and test result;
(c) Collect a sufficient sample of the same body fluid or materials from an officer to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the officer;
(d) Collect samples in such a manner as to ensure a insure high degree of security for the sample and its freedom from adulteration. Collection shall only be done by properly licensed organizations or individuals who are not Employees of the County of ▇▇▇▇▇▇▇, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employee.;
(e) Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; ;
(f) Provide the officer tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officer's ’s own choosing, at the officer's ’s own expense provided the officer notifies the Employer within seventy-two (72) hours of receiving the results of the tests;
f(g) Require that the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein, the Employer will not use such information in any manner or form adverse to the officer's ’s interests;
g(h) Require that with regard to alcohol testing, for the purpose of determining whether the officer is under the influence of alcohol alcohol, test results that show an alcohol concentration of .041 .04 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive and conclusive evidence that the Employee is under the influencepositive. If a test is greater than 0.0 but less than .04 .04, the officer shall be presumed to be not under the influence of alcohol. If the test is greater than .10, the officer shall be conclusively presumed not to be under the influence of alcohol. Alcohol testing If the test is less than .04, the Employer shall only not be conducted through precluded from demonstrating the use officer was under the influence, however, no presumption will be attached to said results and the Employer shall bear the burden of a breathalyzer.proof in such cases;
h(i) Provide each officer tested with a copy of all information and reports received by the Employer in connection with the testing and the results;
i(j) Ensure Insure that no officer is the subject of any adverse employment action except temporary reassignment or relief from duty during the pendency of any testing procedure.
j) Notify the Employee of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered to discuss the results with the Employee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer District shall:
a(A) Use only a clinical laboratory or hospital facility that which is mutually agreed upon certified by the Employer State of Illinois to perform drug and/or alcohol testing and that has been accredited by the UnionSubstance Abuse and Mental Health Services Administration (SAMHSA).
b(B) Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result;.
c(C) Collect a sufficient sample of the same body fluid sample of blood or materials urine or a similarly reliable material from an officer the employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the officer;employee under Paragraph 6 below. Note that cannabis testing shall be conducted by blood test only.
d(D) Collect samples sample in such a manner as to ensure preserve the individual employee’s right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Collection Employees shall only not be done witnessed by properly licensed organizations anyone while submitting a sample except in circumstances where the laboratory or individuals who are facility does not Employees have a “clean room” for submitted samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the County of ▇▇▇▇▇▇▇, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employeeprocedure.
e(E) Confirm any sample that tests positive in accordance with SAMHSA standards in effect at the time of the testing in initial screening for drugs by testing the second portion of the same sample by gas chromatography chromatography/mass spectrometry (GCMSGC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; .
(F) Provide the officer employee tested with an opportunity to have the additional sample tested by a State of Illinois and SAMHSA certified clinical laboratory or hospital facility of the officer's own employee’s choosing, at the officer's employee’s own expense expense, provided the officer employee notifies the Employer District of the desire to do so within seventy-two (72) hours of receiving the results notification of the tests;positive test results.
f(G) Require that the laboratory or hospital facility report to the Employer District that a blood or urine sample or similarly reliable material is positive only if both the initial screening and confirmation test tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained Prescription medications which are validated by the Employer inconsistent District’s Physician will be reported as a negative, but will include any Safety Sensitive determinations made by the physician. In these cases, a validated medication which compromises the Safety Sensitive nature of our work will be handled in a manner consistent with a positive test result and will also require the understandings expressed hereinPhysician to determine the employee’s ability to work and /or return to work while using this medication. Likewise, the Employer any prescription medication which shows up and cannot / is not validated will not use such information in any manner or form adverse to the officer's interests;be treated as a positive test result.
g(H) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence of alcohol alcohol, test results that show showing an alcohol concentration of .041 .02 or more based upon the grams of alcohol per 100 milliliters millimeters of blood or urine be considered positive, and results showing an alcohol concentration of .0199 or less shall be considered positive and conclusive evidence negative. (Note: the foregoing standard shall not preclude the District from attempting to show that test results below .02 demonstrate that the Employee is under the influence. If a test is greater than 0.0 but less than .04 the officer shall be conclusively presumed not to be employee was under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzeror impaired).
h(I) Provide each officer employee tested with a copy of all information and reports received by the Employer District in connection with the testing and the results;.
i(J) Ensure that no officer employee is the subject of any adverse employment action action, except emergency temporary reassignment or relief from duty of duty, during the pendency of any testing procedure.
j(K) Notify When testing is ordered, the Employee employee may be removed from duty and placed on leave with pay pending the receipt of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered unless there is independent reason to discuss remove the results with the Employeeemployee from duty without pay.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Test to be Conducted. In conducting the drug testing authorized by this Agreement, the Employer County shall:
a) Use only a clinical laboratory or hospital facility that which is mutually agreed upon certified by the Employer and the UnionState of New York to perform drug testing.
b) Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result;.
c) Collect a sufficient sample of the same body bodily fluid or materials material from an officer employee to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside reserved for later testing if requested by the officer;employee.
d) Collect samples in such a manner as to ensure preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Collection Employees shall only not be done witnessed by properly licensed organizations anyone while submitting a sample except in circumstances where the laboratory or individuals who are facility does not Employees have a "clean room" for submitting samples or where there is a reasonable suspicion that the employee may attempt to compromise the accuracy of the County of ▇▇▇▇▇▇▇, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employeeprocedure.
e) Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography chromatography/mass spectrometry (GCMSGS/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; .
f) Provide the officer employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officeremployee's own choosing, at the officeremployee's own expense expense, provided the officer employee notifies the Employer County within seventy-two (72) hours of receiving the results of the tests;test.
fg) Require that the laboratory or hospital facility report to the Employer County that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer County inconsistent with the understandings expressed hereintherein (e.g., ▇▇▇▇▇▇▇▇ for testing that reveal the nature or number of tests administered), the Employer County will not use such information in any manner or form adverse to the officeremployee's interests;
g) Require that with regard to alcohol testing, for the purpose of determining whether the officer is under the influence of alcohol test results that show an alcohol concentration of .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive and conclusive evidence that the Employee is under the influence. If a test is greater than 0.0 but less than .04 the officer shall be conclusively presumed not to be under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzerinterest.
h) Provide each officer tested employee tested, and, with the employee's approval, the Genesee County Deputy Sheriff's Association, a copy of all information and reports generated and/or received by the Employer County in connection with the testing and the results;.
i) Ensure Insure that no officer employee is the subject of any adverse employment action except emergency temporary reassignment or relief from of duty during the pendency of any testing procedure.
j) Notify the Employee of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered to discuss the results with the Employee.
Appears in 1 contract
Sources: Memorandum of Agreement (Moa)
Test to be Conducted. In conducting the drug testing authorized by this Agreement, the Employer County shall:
a) Use only a clinical laboratory or hospital facility that which is mutually agreed upon certified by the Employer and the UnionState of New York to perform drug testing.
b) Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result;.
c) Collect a sufficient sample of the same body bodily fluid or materials material from an officer employee to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside reserved for later testing if requested by the officer;employee.
d) Collect samples in such a manner as to ensure preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Collection Employees shall only not be done witnessed by properly licensed organizations anyone while submitting a sample except in circumstances where the laboratory or individuals who are facility does not Employees have a "clean room" for submitting samples or where there is a reasonable suspicion that the employee may attempt to compromise the accuracy of the County of ▇▇▇▇▇▇▇, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employeeprocedure.
e) Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography chromatography/mass spectrometry (GCMSGS/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; .
f) Provide the officer employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officeremployee's own choosing, at the officeremployee's own expense expense, provided the officer employee notifies the Employer County within seventy-two (72) hours of receiving the results of the tests;test.
fg) Require that the laboratory or hospital facility report to the Employer County that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer County inconsistent with the understandings expressed hereintherein (e.g., ▇▇▇▇▇▇▇▇ for testing that reveal the nature or number of tests administered), the Employer County will not use such information in any manner or form adverse to the officeremployee's interests;
g) Require that with regard to alcohol testing, for the purpose of determining whether the officer is under the influence of alcohol test results that show an alcohol concentration of .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive and conclusive evidence that the Employee is under the influence. If a test is greater than 0.0 but less than .04 the officer shall be conclusively presumed not to be under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzerinterest.
h) Provide each officer tested employee tested, and, with the employee's approval, the Genesee County Sheriff's Employee Association, a copy of all information and reports generated and/or received by the Employer County in connection with the testing and the results;.
i) Ensure Insure that no officer employee is the subject of any adverse employment action except emergency temporary reassignment or relief from of duty during the pendency of any testing procedure.
j) Notify the Employee of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered to discuss the results with the Employee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer shall:
a) 1. Use only a clinical laboratory or hospital facility that is mutually agreed upon has been accredited by the Employer Substance Abuse and the UnionMental Health Services Administration (SAMHSA).
b) 2. Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result;.
c) 3. Collect a sufficient sample of the same body fluid sample of blood or materials urine from an officer the employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the officer;employee under Paragraph 6 below.
d) 4. Collect samples sample in such a manner as to ensure preserve the individual employee’s right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Collection Employees shall only not be done witnessed by properly licensed organizations anyone while submitting a urine sample except in circumstances where the laboratory or individuals who are facility does not Employees have a “clean room” for submitted samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the County of ▇▇▇▇▇▇▇, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employeeprocedure.
e) 5. Confirm any sample that tests positive in accordance with SAMHSA standards in effect at the time of the testing in initial screening for drugs by testing the second portion of the same sample by gas chromatography chromatography/mass spectrometry (GCMSGC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; .
6. Provide the officer employee tested with an opportunity to have the additional sample tested by a SAMHSA certified clinical laboratory or hospital facility of the officer's own employee’s choosing, at the officer's employee’s own expense expense, provided the officer employee notifies the Employer Chief/Director or designee of the desire to do so within seventy-two (72) hours of receiving the results notification of the tests;positive test results.
f) 7. Require that the laboratory or hospital facility report to the Employer Chief/Director or designee that a blood or urine sample is positive only if both the initial screening and confirmation test tests are positive for a particular drug.
8. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein, the Employer will not use such information in any manner or form adverse to the officer's interests;
g) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence of alcohol alcohol, test results that show showing an alcohol concentration of .041 .02 or more based upon the grams of alcohol per 100 milliliters of blood shall greater be considered positive and conclusive evidence that the Employee is under the influence. If a test is greater than 0.0 but less than .04 the officer shall be conclusively presumed not to be under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzerpositive.
h) 9. Provide each officer employee tested with a copy of all information and reports received by the Employer Chief/Director or designee in connection with the testing and the results;.
i) 10. Ensure that no officer employee is the subject of any adverse employment action except emergency temporary reassignment or relief from of duty during pending the pendency results of any testing procedure.
j) Notify 11. When testing is ordered, the Employee employee may be removed from duty and placed on leave with pay pending the receipt of results unless there is independent reason to remove the employee from duty without pay. In connection with its testing program, the Village shall engage the services of a Medical Review Officer (MRO). Employees who test positive shall have a reasonable opportunity to establish a legitimate medical explanation for, or otherwise rebut or explain, their test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered results, to discuss the results with satisfaction of the EmployeeVillage’s MRO.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer Village shall:
a) 1. Use only a clinical laboratory or hospital facility that is mutually agreed upon has been accredited by the Employer Substance Abuse and the UnionMental Health Services Administration (SAMHSA).
b) 2. Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result;.
c) 3. Collect a sufficient sample of the same body fluid sample of blood or materials urine from an officer the employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the officer;employee under Paragraph 6 below.
d) 4. Collect samples sample in such a manner as to ensure preserve the individual employee’s right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Collection Employees shall only not be done witnessed by properly licensed organizations anyone while submitting a urine sample except in circumstances where the laboratory or individuals who are facility does not Employees have a “clean room” for submitted samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the County of ▇▇▇▇▇▇▇, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employeeprocedure.
e) 5. Confirm any sample that tests positive in accordance with SAMHSA standards in effect at the time of the testing in initial screening for drugs by testing the second portion of the same sample by gas chromatography chromatography/mass spectrometry (GCMSGC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; .
6. Provide the officer employee tested with an opportunity to have the additional sample tested by a SAMHSA certified clinical laboratory or hospital facility of the officer's own employee’s choosing, at the officer's employee’s own expense expense, provided the officer employee notifies the Employer Chief/Director or designee of the desire to do so within seventy-two (72) hours of receiving the results notification of the tests;positive test results.
f) 7. Require that the laboratory or hospital facility report to the Employer Chief/Director or designee that a blood or urine sample is positive only if both the initial screening and confirmation test tests are positive for a particular drug.
8. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein, the Employer will not use such information in any manner or form adverse to the officer's interests;
g) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence of alcohol alcohol, test results that show showing an alcohol concentration of .041 or more based upon the grams of alcohol per 100 milliliters of blood above 0.02 shall be considered positive and conclusive evidence that the Employee is under the influence. If a test is greater than 0.0 but less than .04 the officer shall be conclusively presumed not to be under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzerpositive.
h) 9. Provide each officer employee tested with a copy of all information and reports received by the Employer Chief/Director or designee in connection with the testing and the results;.
i) 10. Ensure that no officer employee is the subject of any adverse employment action except emergency temporary reassignment or relief from of duty during pending the pendency results of any testing procedure.
j) Notify 11. When testing is ordered, the Employee employee may be removed from duty and placed on leave with pay pending the receipt of results unless there is independent reason to remove the employee from duty without pay. In connection with its testing program, the Village shall engage the services of a Medical Review Officer (MRO). Employees who test positive shall have a reasonable opportunity to establish a legitimate medical explanation for, or otherwise rebut or explain, their test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered results, to discuss the results with satisfaction of the EmployeeVillage’s MRO.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Test to be Conducted. In conducting the testing authorized by this Agreementagreement, the Employer District shall:
a) A. Use only a clinical laboratory or hospital facility that facility, which is mutually agreed upon certified by the Employer and State of Illinois to perform drug and/or alcohol testing. The District will endeavor to have nonscheduled tests conducted at a facility other than an emergency room at which the UnionDistrict regularly transports patients.
b) B. Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result;.
c) C. Collect a sufficient sample of the same body bodily fluid or materials material from an officer a member to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside and reserved for later testing if requested by the officer;member.
d) D. Collect samples in such a manner as to ensure preserve the individual member’s right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Collection shall only be done by properly licensed organizations or individuals who are not Employees of the County of ▇▇▇▇▇▇▇, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employee.
e) E. Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography chromatography/mass spectrometry (GCMSGC/MS) or an equivalent or better more scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; .
F. Provide the officer member tested with an opportunity to have the an additional sample tested by a clinical laboratory or hospital facility of the officer's own member’s choosing, at the officer's member’s own expense expense; provided the officer member notifies the Employer District within seventy-two (72) 72 hours of receiving the results of the tests;test.
f) G. Require that the laboratory or hospital facility report to the Employer District that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for alcohol or a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein, the Employer will not use such information in any manner or form adverse to the officer's interests;.
g) H. Require that with regard to alcohol testing, cannabis testing blood test results performed by a qualified laboratory will be used to screen for the purpose psychoactive effects of determining whether the officer is under the influence of alcohol test results that show an alcohol concentration of .041 or more based upon the grams of alcohol per 100 milliliters of blood cannabis use. A Medical Review Officer (MRO) shall be considered chosen and agreed upon between the Union and the District and must be a licensed physician with knowledge of substance abuse disorders. The MRO shall be familiar with the characteristics of testing sensitivity, specificity, and predictive value, the laboratories running the tests and the medical conditions and work exposures of the members. A positive and conclusive evidence that test for cannabis only detects the Employee is under presence of cannabis in the influenceblood; it does not test for impairment. If the member tests positive for cannabis, the MRO will determine, based on current scientific data and other evidence, if the cannabis more than likely caused the behavior or impairment that resulted in the administration of the drug or alcohol test. If the MRO determines cannabis was not the probable cause of the behavior or impairment that resulted in the administration of the substance test, the MRO will not release any results of the cannabis portion of the drug test to the District. No action will be taken against a test is greater than 0.0 but less than .04 member for using any form of cannabis unless the officer shall be conclusively presumed not to be under MRO draws a direct correlation between the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzerbehavior and cannabis use.
h) I. Provide each officer member tested with a copy of all information and reports received by the Employer District in connection with the testing and results. The Union shall also receive copies of those documents, but only if the results;member consents in writing to the release of the information and reports.
i) Ensure J. Insure that no officer member is the subject of any adverse employment action action, except emergency temporary reassignment or relief from duty of duty, during the pendency of any testing procedure.
j) Notify the Employee of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered to discuss the results with the Employee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer Village shall:
a(A) Use only a clinical laboratory or hospital facility that which is mutually agreed upon certified by the Employer State of Illinois or is capable of being accredited by the Department of Health and the UnionHuman Services (“DHHS”) to perform drug and/or alcohol testing.
b(B) Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result;.
c(C) Collect a sufficient sample of the same body bodily fluid or materials material from an officer employee to allow for initial screening, a confirmatory test test, and a sufficient amount to be set aside reserved for later testing if requested by the officer;employee.
d(D) Collect samples in such a manner as to ensure preserve the individual employees right to privacy while ensuring a high degree of security for the sample and its freedom from adulteration. Collection Employees shall only not be done witnessed by properly licensed organizations anyone while submitting a sample except in circumstances where the laboratory or individuals who are facility does not Employees have a "clean room" for submitting samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the County of ▇▇▇▇▇▇▇, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employeeprocedure.
e(E) Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography chromatography/mass spectrometry (GCMSGC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; .
(F) Provide the officer employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officer's own choosing, employee’s choosing at the officer's employee’s own expense expense; provided the officer employee notifies the Employer Village within seventy-seventy- two (72) hours of receiving the results of the tests;test and provided further that the laboratory or clinic and the testing procedure including chain of custody, meets or exceeds the standards established in this Agreement.
f(G) Require that the laboratory or hospital facility report to the Employer Village that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. For purposes of this Article, a positive drug test result means the presence of an amount of proscribed or prescribed drugs and/or their metabolites in an employee that equals or exceeds the levels set forth in Section 17.6. below. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer Village inconsistent with the understandings expressed hereinherein (e.g., ▇▇▇▇▇▇▇▇ for testing that reveal the nature or number of tests administered), the Employer Village will not use such information in any manner or form adverse to the officer's employee’s interests;.
g(H) Require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence of alcohol alcohol, test results that show showing an alcohol concentration of .041 .060 percent or more based upon the grams of alcohol per 100 milliliters millimeters of blood shall be considered positive and conclusive evidence positive. (Note: the foregoing standard shall not preclude the Village from attempting to show that test results between.03 and.06 demonstrate that the Employee is under employee was or would be unable to properly perform his or her job duties, but the influence. If a test is greater than 0.0 but less than .04 Village shall bear the officer shall be conclusively presumed not to be under the influence burden of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzerproof in such cases.)
h(I) Provide each officer employee tested with a copy of all information and reports received by the Employer Village in connection with the testing and the results;.
i(J) Ensure that no officer employee is the subject of any adverse employment action because of the test except emergency temporary reassignment or relief from of duty during the pendency of any testing procedure.
j) Notify the Employee of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered to discuss the results with the Employee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Test to be Conducted. In conducting the testing authorized by this Agreement, the Employer shall:
(a) Use only a clinical laboratory or hospital facility that is mutually agreed upon by the Employer and the Union.;
(b) Establish a chain of custody procedure for both sample collection and testing that will ensure insure the integrity of the identity of each sample and test result;
(c) Collect a sufficient sample of the same body fluid or materials from an officer to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the officer;
(d) Collect samples in such a manner as to ensure a insure high degree of security for the sample and its freedom from adulteration. Collection shall only be done by properly licensed organizations or individuals who are not Employees employees of the County of ▇▇▇▇▇▇▇, and shall be conducted off- off-site. Breathalyzer testing shall be conducted so as not to embarrass the Employee.employee;
(e) Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; . Provide the officer tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officer's ’s own choosing, at the officer's ’s own expense provided the officer notifies the Employer within seventy-two (72) hours of receiving the results of the tests;
(f) Require that the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein, the Employer will not use such information in any manner or form adverse to the officer's ’s interests;
(g) Require that with regard to alcohol testing, for the purpose of determining whether the officer is under the influence of alcohol alcohol, test results that show an alcohol concentration of .041 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered positive and conclusive evidence that the Employee employee is under the influence. .. If a test is greater than 0.0 but less than .04 .04, the officer shall be conclusively presumed not to be not under the influence of alcohol. Alcohol testing shall only be conducted through the use of a breathalyzer.
(h) Provide each officer tested with a copy of all information and reports received by the Employer in connection with the testing and the results;
(i) Ensure Insure that no officer is the subject of any adverse employment action except temporary reassignment or relief from duty during the pendency of any testing procedure.
(j) Notify the Employee employee of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officer officr who has offered to discuss the results with the Employeeemployee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Test to be Conducted. In conducting the testing authorized by this the Agreement, the Employer shall:
a) Use a. use only a clinical laboratory or hospital facility that is mutually agreed upon licensed pursuant to the Illinois Clinical Laboratory Act that has been accredited by the Employer Substance Abuse and Mental Health (SAMH);
b. use as the Union.initial screening Eminase (IA) step a rapid semi-quantitative chemical test which uses a specific antibody to react with the drug of metabolite of interest. The confirmation assay used in the drug analysis procedure shall be Gas Chromatography/Mass Spectrometry (GC/MS), or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites;
b) Establish c. establish a chain of custody procedure for both sample collection and testing that will ensure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody;
c) Collect d. collect a sufficient sample of the same body bodily fluid or materials from material for the purpose of drug testing of an officer employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested required by the officeremployee. This will not apply to alcohol testing as this will be done on a Breathalyzer;
d) Collect e. collect samples in such a manner as to ensure preserve the employee’s right to privacy and to insure a high degree of security scrutiny for the sample and its freedom from adulteration. Collection shall only be done by properly licensed organizations or individuals who are not Employees of the County of ▇▇▇▇▇▇▇, and shall be conducted off- site. Breathalyzer testing shall be conducted so as not to embarrass the Employee.
e) Confirm ; confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites; Provide ;
f. provide the officer employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility accredited by Substance Abuse and Mental Health (SAMH) of the officer's employee’s own choosing, choosing and at the officer's employee’s own expense within forty-eight(48) hours of the confirmed test results, provided the officer employee notifies the Employer in writing within seventytwenty-two four (7224) hours of receiving the results of the teststest;
f) Require g. require that the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and confirmation test tests are positive for a particular drugdrug or alcohol. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed hereinherein (i.e., ▇▇▇▇▇▇▇▇ for testing that reveal the nature or number of tests administered), the Employer will not use such information in any manner or form forum adverse to the officer's employee’s interests;
g) Require h. require that with regard to alcohol testing, for the purpose of determining whether the officer employee is under the influence of alcohol alcohol, test results that show an alcohol concentration of .041 or more based upon the grams of alcohol per 100 milliliters of blood shall .04 be considered positive and conclusive evidence that the Employee is under the influence. If a test is greater than 0.0 but less than .04 the officer shall be conclusively presumed not such tests to be under performed on an Intoximeter RBT4 or whatever equivalent machine is deemed necessary at the influence of alcohol. Alcohol testing shall only be conducted through time by the use of a breathalyzer.clinical laboratory or hospital facility;
h) Provide i. provides each officer employee tested with a copy of all information and reports received by the Employer in connection with the testing and the results;
i) Ensure j. ensures that no officer employee is the subject of any adverse employment action except temporary reassignment or relief from duty with pay during the pendency of any testing procedure. Any such temporary reassignment or relief from duty shall be immediately discontinued in the event of a negative test result.
j) Notify the Employee of positive test results only after such results have been reviewed and certified as positive by a qualified medical review officer who has offered to discuss the results with the Employee.
Appears in 1 contract
Sources: Collective Bargaining Agreement