The Administration of Tests Clause Samples

The Administration of Tests. Unless otherwise superseded by the express provisions of this Agreement, all drug and alcohol testing of bargaining unit employees shall be in compliance with the "Mandatory Guidelines for Federal Workplace Drug Testing."

The Administration of Tests. ‌ 1. Informing Employees Regarding Drug and Alcohol Testing All employees will be fully informed, in writing, of the City's drug and alcohol testing policy. Employees will be provided with information concerning the impact of the use of drugs/alcohol on job performance. In addition, the City will inform the employees of how the test is conducted, where the test will be conducted, what the test can determine, and the consequences of testing positive for drug/alcohol use. No employee shall be tested unless this information has been provided to him/her. 2. Pre-Employment Screening All new employees will be required to submit blood and urine specimens to be screened for the presence of drugs and/or alcohol prior to employment. Any applicant refusing to submit to such required testing shall not be considered for employment. 3. When a Test May Be Compelled There shall be no across the board or random drug/alcohol testing of employees, except as otherwise provided in this Article. Where there is reasonable suspicion that an employee is under the influence of drugs/alcohol or there is evidence of impairment while on duty, that employee may be required to report for drug testing. A supervisor shall attempt, when reasonable, to have confirmation of reasonable suspicion from at least one other employee at which time the Fire Chief or his designee shall be notified. Refusal of an Employee to comply with the order for a drug/alcohol screening will be considered as a refusal of a direct order and may be cause for discipline up to and including discharge.

The Administration of Tests. A. Informing Employees Regarding Drug Testing: All employees will be fully informed in writing, of the Employer’s drug testing policy before testing is administered. In addition, the Employer will inform the employees under what conditions the tests will be conducted, when the test will be conducted, what the test can determine, and the consequences of testing positive for drug use. All newly hired employees will be provided with this information on their initial date of hire. No employee shall be tested until this information is provided to him. B. Pre-Employment Screening: All new Fire Fighter applicants who are offered employment will be required to submit blood and urine specimens to be screened for the presence of drugs and/or alcohol prior to employment. No applicant with a confirmed positive result shall be eligible for hire. Any applicant refusing to submit to such required testing shall not be considered for employment. C. When a Test May be Compelled: There is no across-the-board or random drug testing of employees. When there is reasonable suspicion to suspect that an employee is under the influence of drugs or alcohol and is impaired while on duty, that employee may be required to report for drug and alcohol testing. When a supervisor has reasonable suspicion to suspect that an employee is impaired, that supervisor shall have the Fire Chief, or his designee, confirm that suspicion. If the suspicion is confirmed, the Union shall be notified and the Fire Department shall arrange for the drug or alcohol test at the time of the Chief’s or his designee, discretion. Management shall inform the employee being ordered to submit to the test of his/her right to consult with a Union Representative before submitting to the test. Refusal of an employee to comply with the order for a drug/alcohol screening will be considered as a refusal of a direct order and will be cause for discharge.

The Administration of Tests. The Village may require an employee to submit immediately to breathalyzer, blood, and/or urine tests on a random or specified situation basis, or if the Village otherwise determines there is probable cause for such testing. If an employee is required to undergo such testing based on probable cause, the Village will provide the employee with the basis for such probable cause in writing at or about the time the test is administered. If the written basis is not provided prior to the actual test, a verbal statement of the basis will be provided prior to administering the test. Random testing shall be done on dates and at times and places designated by the Village’s current Occupational Health provider. A Chapter representative shall be advised of the date, time and place for the testing and the name(s) of the employee(s) to be tested. The Chapter shall have the right to have a Chapter representative present at the test site, provided that the Chapter representative is available within one (1) hour of when the Union is notified. No employee shall be subject to random testing more than once in an eighteen-month period, and no employee shall be required to take a random test a second (or third) time during this contract term until all other non-probationary employees in the bargaining unit have been tested once (or twice, as the case may be). Specified situation testing may occur in the following circumstances: (a) Upon assignment of an officer to a special duty assignment such as the North Central Drug Task Force, and upon his return to duty with the Department; (b) If an officer is involved in a motor vehicle accident while in the performance of his duty; (c) Upon promotion to a higher rank; (d) If the officer has experienced excessive absenteeism or tardiness under circumstances giving rise to a suspicion of off-duty drug or alcohol abuse: or (e) If the officer is involved in the use of deadly force. The Village may use breathalyzer tests as well as urine or blood tests for alcohol testing. For drug/alcohol tests not involving a breathalyzer, the Village shall use only licensed clinical laboratories and shall have a supervisor accompany the employee being tested to the testing facility. The testing facility shall be responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is probable cause to believe the employee is tampering with the testing procedure. If the first test results in a positive find...

The Administration of Tests. The Employer may require an Employee to submit immediately to Breathalyzer, blood and/or urine tests on a random or specified situation basis, or if the Employer otherwise determines there is probable cause for such testing. If an Employee is required to undergo such testing based on probable cause, the Employer will provide the Employee with the basis for such probable cause in writing at or about the time the test is administered. If the written basis is not provided prior to the actual test, a verbal statement of the basis will be provided prior to administering the test and the written basis will be provided within three (3) days thereafter. Random testing shall be done on dates and at times and places designated by the Fire Chief. A Union representative shall be advised of the date, time, and place for the testing and the name(s) of the Employee(s) to be tested. The Union shall have the right to have a Union representative present at the test site, provided that the Union representative is available within one (1) hour of when the Union is notified. No Employee shall be subject to random testing more than once in an eighteen (18)- month period, and no Employee shall be required to take a random test a second (or third) time during the term of the Agreement until all other non-probationary Employees in the bargaining unit have been tested once (or twice, as the case may be). Specified situation testing may occur in the following circumstances: 1. During a referral of a Firefighter to the Employee Assistance Program (EAP), and upon his return to duty with the Department; 2. If a Firefighter is involved in a motor vehicle or other accident while in the performance of his duty; 3. Upon promotion to a higher rank; or 4. If the Firefighter has experienced excessive absenteeism or tardiness under circumstances giving rise to a reasonable suspicion of off-duty drug or alcohol abuse. The Employer may use Breathalyzer tests as well as urine and blood tests for alcohol testing. For drug/alcohol tests not involving a Breathalyzer, the Village shall use only licensed clinical laboratories and shall be responsible for maintaining the proper chain of custody. The Village shall maintain a list of approved licensed clinical laboratories and shall offer the Employee a choice of one (1) of at least two (2) such laboratories for the conduct of drug tests pursuant to this Article. The taking of urine samples shall not be witnessed unless there is probable cause to believe...

The Administration of Tests. Where the Employer has reasonable suspicion to believe that an employee is acting in violation of Section 12.2 above, the Employer shall have the right to require the employee to submit to alcohol or drug testing as set forth in this Article. In the event that an employee is performing services for the Employer pursuant to a drug enforcement assignment, the employee shall be obligated to adhere to and sign all necessary waivers required pursuant to the applicable Metropolitan Enforcement Group (MEG) rules and regulations. Specified situation testing may occur in the following circumstances: a) If the employee has experienced excessive absenteeism or tardiness under circumstances giving rise to a suspicion of off-duty illegal drug or alcohol abuse, b) If the employee is involved in a motor vehicle accident while in the course of performing duties.

The Administration of Tests. ‌ 1. Informing Employees Regarding Drug and Alcohol Testing All employees will be fully informed, in writing, of the City's drug and alcohol testing policy. Employees will be provided with information concerning the impact of the use of drugs/alcohol on job performance. In addition, the City will inform the employees of how the test is conducted, where the test will be conducted, what the test can determine, and the consequences of testing positive for drug/alcohol use. No employee shall be tested unless this information has been provided to him/her. 2. Pre-Employment Screening All new employees will be required to submit blood and urine specimens to be screened for the presence of drugs and/or alcohol prior to employment. Any applicant refusing to submit to such required testing shall not be considered for employment. 3. When a Test May Be Compelled There shall be no across the board or random drug/alcohol testing of employees, except as otherwise provided in this Article. Where there is reasonable suspicion that an employee is under the influence of drugs/alcohol or there is evidence of impairment while on duty, that employee may be required to report for drug testing. A supervisor shall attempt, when reasonable, to have confirmation of reasonable suspicion from at least one other employee at which time the Fire Chief or his designee shall be notified. Refusal of an Employee to comply with the order for a drug/alcohol screening will be considered as a refusal of a direct order and may be cause for discipline up to and including discharge. 4. Reasonable Suspicion Standard Reasonable suspicion exists if specified objective facts and circumstances warrant rational inferences that a person is using, in possession of, and/or is individually impaired due to the abuse of drugs and/or is under the influence of alcohol. Reasonable suspicion will be based upon the following: a. Observable phenomenon, such as direct observation of use, possession, and/or the evidence of individual symptoms of impairment resulting from using or being under the influence of drugs/alcohol; such as slurred speech, red eyes, dilated pupils, incoherence, unsteadiness on feet, smell of alcohol or marijuana emanating from the employee's body, inability to carry on a rational conversation, increased carelessness, erratic behavior, inability to perform the job, other unexplained behavioral changes, etc. b. Information provided by an identifiable, reliable and credible source which can be ind...

The Administration of Tests