Testing for Drugs Clause Samples
The "Testing for Drugs" clause establishes the employer's right to require employees to undergo drug testing as a condition of employment or continued service. Typically, this clause outlines when and how drug tests may be administered, such as during the hiring process, randomly, or in response to suspected substance abuse. Its core function is to promote a safe and productive workplace by deterring drug use and providing a clear process for addressing potential violations.
Testing for Drugs. The Borough Of Collingswood (hereinafter the "Borough") intends to test for drugs which have a high potential for abuse, or have no medical use, or no safe protocol for such use. The drugs for which members will be tested are limited to those specifically enumerated in this Policy.
Testing for Drugs. A. It is policy of the Town of Franklin to conduct drug testing of Police Officers, where there is a probable cause to do so.
B. Where the Chief of Police has probable cause to believe that an officer is under the influence of a controlled substance while on duty, the Chief may require the police officer to submit a test sample for drug screening by means of urine analysis to detect the presence of non-prescribed drugs or controlled substances.
C. The affected officer may initiate a review of the Chief's directive. If requested, a special panel shall review the Chief's directive. The panel shall consist of the Town Administrator, one ranking officer appointed by the Chief, and one officer appointed by the Union with, other than the Town Administrator, no individual to serve on consecutive panels for review of drug testing directives.
1. To facilitate review, the Chief shall set forth the basis for probable cause in writing immediately after they determine that probable cause exists. The review shall be based upon the written probable cause statement. The purpose of review is to decide only whether the Chief had reliable information, at the time they requested the sample, to establish probable cause to request a screening. The panel will meet and have the right to request corroborating information that the Chief has, if any, in order to assist their review. The panel shall also consider any exculpatory information that is available including any explanation of information regarding the use of prescribed or non-controlled substances, or the exposure to controlled substances. The special review shall be conducted and concluded within twenty-four (24) hours of the time the Chief required the test sample, or as soon thereafter as is practicable.
D. If the special review panel concludes that the Chief had probable cause to believe that the officer was under the influence of a controlled substance that was not lawfully taken or the result of an accidental exposure, then such testing shall be conducted. If the panel finds that the probable cause did not exist, the sample shall not be tested and shall be destroyed. The panel's determination that the Chief lacked probable cause at the time of their initial determination shall not by itself preclude a subsequent order to test based upon additional information received after the initial determination.
E. At the time the test sample is provided by the officer, an original non-tested sample will be given to the officer ...
Testing for Drugs. Testing for drugs shall conform with the requirements of the Testing Act, including any requirements in addition to those stated herein. The testing for drugs is a two-stage process that involves analyzing a driver’s urine specimen. First, a screening test is performed. If it is positive for one or more of the drugs tested, then a confirmation test is performed for each identified drug using gas chromatography/mass spectrometry (GC/MS) analysis. All urine specimens shall be analyzed for marijuana, cocaine, opiates (including heroin), phencyclidine (PCP) and amphetamines (including methamphetamines) and/or as otherwise required by state and/or federal law. Drivers who are to be tested must report to the designated collection site to provide a urine specimen. The collection site will send the specimen bottles to an authorized lab for analysis. The chain of custody and collection requirements of the Testing Act are to be followed by the collection site and lab personnel. The urine sample provided by the driver is to be split into two specimen bottles. If the lab analysis of one specimen confirms the presence of controlled substances, the driver shall have 72 hours to request that the second specimen bottle be sent to another certified lab for analysis, providing a second analysis and opinion. The driver shall be fully responsible for all costs related to the second analysis and opinion. If the first specimen reports a positive result, the driver is to be contacted by a Medical Review Officer involved in the lab analysis to determine if there is an alternative explanation for the positive result. If the Medical Review Officer determines that there is a legitimate medical use of the prohibited drug, the drug test result shall be reported as negative to the Board which is provided with the testing results. If the Medical Review Officer is unable to contact the driver directly, the Medical Review Officer will contact the driver’s Supervisor or Superintendent’s designee. The Supervisor or designee shall attempt to contact the driver to request that the driver contact the Medical Review Officer. The Supervisor or designee should attempt to contact the driver as soon as practicable but prior to dispatching the driver or within 24 hours from the time the Medical Review Officer contacted the Supervisor or designee, whichever is earlier. A blood test may also be used under certain limited circumstances as permitted by the Testing Act.