Common use of Testing and Test Results Clause in Contracts

Testing and Test Results. a) Drug Testing Procedures" the following procedure shall be used whenever an employee is required to give a urine sample: 1. A urine sample will be taken of the employee. The collection shall be done in such a manner as to protect the authenticity and reliability of the sample and the privacy of the individual. 2. Immediately after the sample has been given, it will be divided into two (2) equal parts, provided at least 60m1 has been provided. Each of the two (2) portions of the sample will be separately sealed, labeled and stored in a secure and refrigerated atmosphere. Both (2) of the samples will be sent or delivered to a testing laboratory. 3. In each instance of a drug test, a chain of custody procedure will be followed. This procedure is used to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. 4. A chain of custody form will be used from the time of collection to receipt by the testing laboratory/laboratories. Upon receipt by the laboratory/laboratories, an appropriate laboratory chain of custody form accounting for the sample within the laboratory shall be used. 5. A tamperproof sealing system designed in the manner such that the specimen bottle will be sealed against undetected opening and the bottle can be identified utilizing an identification number identical to that appearing on the urine custody and control form. Space shall be provided to initial the bottle, thereby affirming its identity. 6. Should the employee be unable to pass the required amount of urine, he/she shall remain at the collection center and follow all directives given by the collection site person until such time as 60m1 or more of urine has been passed. Should the employee be unable to pass at least 60m1 of urine during his/her shift, he/she shall be referred to the Employer's designated physician who shall determine if such inability was purposefully done or medically unavoidable. If medically unavoidable, the employee shall be eligible for retesting at any time designated by the Employer during a twelvemonth period. b) Report and Review by MRO" all confirmed positive drug test results shall be referred to an MRO who shall perform the following tasks: 1. Review the chain of custody documents and test results for completeness and accuracy. 2. Give the employee an opportunity to discuss the results. 3. If there appears to be no medical reason for the positive test result which is acceptable to the MRO, the test shall be verified as positive and the same reported to the Sheriff and/or his designee. 4. Should the employee provide a medically acceptable explanation to the MRO, the MRO shall report the test as negative to the collection clinic, which in turn shall report same to the Sheriff and/or his designee. c) Retest Procedures Following Positive Drug Test Results" if the confirmatory test and medical review is positive for the presence of an illegal drug, the employee will be so notified and the employee and the union will be provided with copies of all documents pertinent to the test sent to or from the employer by the laboratory. The second untested sample, which has been retained by the laboratory, shall be submitted by the employer to a different testing laboratory using the testing procedure noted herein. The employee, the union and the employer will be given a copy of the results. Should the second result be positive, the employee and the union waive any right to challenge the integrity of the chain of custody or the testing protocol for either sample. d) Specimen Integrity and Employee Conduct" specimen collection will occur in a clinical setting and under strict procedures so as to avoid specimen tampering. Careful chain of custody procedures shall be followed at all times. Any attempt to hinder collection procedures or to adulterate or substitute a urine sample will result in disqualification of an applicant and disciplinary charges against the employee and a re-test. e) Negative Reasonable Suspicion Test Results" the union shall be immediately provided a complete listing of all of its members who are tested either for the random or reasonable suspicion test. The union may thereafter review any negative reasonable suspicion testing. Such review shall be through the contract's grievance and arbitration mechanism. Each such question should be initiated by the union directly at Step 3. Should an arbitrator ultimately determine that there was bad faith on the part of the supervising officer who initiated the reasonable suspicion test, or that he/she otherwise acted in an arbitrary or capricious manner, the arbitrator may award the employee involved up to one day's pay at his/her regular straight time rate, and any other penalty deemed appropriate by the arbitrator.

Testing and Test Results. a) Drug Testing Procedures" the -the following procedure shall be used whenever an employee is required to give a urine sample:. 1. A urine sample will be taken of the employee. The collection shall be done in such a manner as to protect the authenticity and reliability of the sample and the privacy of the individual. 2. Immediately after the sample has been given, it will be divided into two (2) equal parts, provided at least 60m1 60ml has been provided. Each of the two (2) portions of the sample will be separately sealed, labeled and stored in a secure and refrigerated atmosphere. Both One (21) of the samples will be sent or delivered to a testing laboratory, the other retained at the collections center. 3. In each instance of a drug test, a chain of custody procedure will be followed. This procedure is used to account for the integrity of each urine specimen by tracking tracing its handling and storage from point of specimen collection to final disposition of the specimen. 4. A chain of custody form will be used from the time of collection to receipt by the testing laboratory/laboratorieslaboratory /laboratories. Upon receipt by the laboratory/laboratory/ laboratories, an appropriate laboratory chain of custody form accounting for the sample within the laboratory shall be used. 5. A tamperproof tamper proof sealing system designed in the manner such that the specimen bottle will be sealed against undetected opening and the bottle can be identified utilizing an identification number identical to that appearing on the urine custody and control form. Space shall be provided to initial the bottle, thereby affirming its identity. 6. Should the employee be unable to pass the required amount of urine, he/she shall remain at the collection center and follow all directives given by the collection site person until such time as 60m1 60ml or more of urine has been passed. Should the employee be unable to pass at least 60m1 60ml of urine during his/her shift, he/she shall be referred to the EmployerCounty's designated physician who shall determine if such inability was purposefully done or medically unavoidable. If medically unavoidable, the employee shall be eligible for retesting at any time designated by the Employer County during a twelvemonth twelve (12) month period. b) Report and Review by MRO" - all confirmed positive drug test results shall be referred to an MRO who shall perform the following tasks: 1. 1 Review the chain of custody documents and test results for completeness complete- ness and accuracy. 2. Give the employee an opportunity to discuss the results. 3. If there appears to be no medical reason for the positive test result which is acceptable to the MRO, the test shall be verified as positive and the same reported to the Sheriff and/or his designee. 4. Should the employee provide a medically acceptable explanation to the MRO, the MRO shall report the test as negative to the collection clinic, which in turn shall report same to the Sheriff and/or his designee. c) Retest Procedures Following Positive Drug Test Results" if the confirmatory test and medical review is positive for the presence of an illegal drug, the employee will be so notified and the employee and the union will be provided with copies of all documents pertinent to the test sent to or from the employer by the laboratory. The second untested sample, which has been retained by the laboratory, shall be submitted by the employer to a different testing laboratory using the testing procedure noted herein. The employee, the union and the employer will be given a copy of the results. Should the second result be positive, the employee and the union waive any right to challenge the integrity of the chain of custody or the testing protocol for either sample. d) Specimen Integrity and Employee Conduct" specimen collection will occur in a clinical setting and under strict procedures so as to avoid specimen tampering. Careful chain of custody procedures shall be followed at all times. Any attempt to hinder collection procedures or to adulterate or substitute a urine sample will result in disqualification of an applicant and disciplinary charges against the employee and a re-test. e) Negative Reasonable Suspicion Test Results" the union shall be immediately provided a complete listing of all of its members who are tested either for the random or reasonable suspicion test. The union may thereafter review any negative reasonable suspicion testing. Such review shall be through the contract's grievance and arbitration mechanism. Each such question should be initiated by the union directly at Step 3. Should an arbitrator ultimately determine that there was bad faith on the part of the supervising officer who initiated the reasonable suspicion test, or that he/she otherwise acted in an arbitrary or capricious manner, the arbitrator may award the employee involved up to one day's pay at his/her regular straight time rate, and any other penalty deemed appropriate by the arbitrator.