When a Test May Be Compelled Sample Clauses
The "When a Test May Be Compelled" clause defines the circumstances under which a party can require another individual to undergo a specific test, such as a medical examination, drug screening, or competency assessment. Typically, this clause outlines the triggering events or conditions—such as suspicion of impairment, compliance with regulatory requirements, or as part of an investigation—under which testing may be mandated. Its core practical function is to establish clear guidelines for when compulsory testing is permissible, thereby protecting the interests of both parties and ensuring that such measures are not taken arbitrarily.
When a Test May Be Compelled. There shall be no random, across-the-board, or routine drug testing of employees, except as provided by Section 26.6 or as is otherwise expressly agreed to in writing by the parties. Where there is reasonable suspicion to believe that an em- ployee is impaired due to being under the influence of drugs or alcohol while on duty, that employee may be required to report for drug/alcohol testing. When a company level officer has reasonable suspicion to believe that an employee is impaired due to being under the influence, that officer shall have the Assistant Chief or their designee confirm that suspicion prior to any order to submit to drug/alcohol testing. At the time the employee is ordered to submit to testing the City shall notify the designated Union Representative on duty and if none is on duty, the City shall make a reasonable effort to contact an off duty designated Union Representative. 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 disciplinary action up to and including discharge. It is understood that drug or alcohol tests may be required under the following conditions:
(1) when an employee has been arrested or indicted for conduct involving illegal drug related activity on or off duty;
(2) when an employee is involved in an on-the-job injury causing reasonable suspicion of illegal drug use or alcohol abuse;
(3) when an employee is involved in an on-duty accident where there is reasonable suspicion of illegal drug use or alcohol abuse;
(4) where an employee has experienced excessive absenteeism or tardiness under circumstances giving rise to a suspicion of off-duty drug or alcohol abuse. The above examples do not provide an exclusive list of circumstances which may give rise to testing. Other circumstances may give rise to testing provided they conform to the reasonable suspicion standard.
When a Test May Be Compelled. Because the federal Omnibus Transportation Employees Testing Act only applies to some employees covered by the collective bargaining agreement between the Employer and Union, a two- tiered system will apply regarding this Section E and Sections F & G. In this Section E and the issues covered by Sections F (Reasonable Suspicion) & G (Order to Submit to Testing), all applicable provisions of the federal Omnibus Transportation Employees Testing Act shall be applied to those employees covered by said Act. For employees not covered by the federal Omnibus Transportation Employees Testing Act, the following shall apply:
1) There shall be no random, across-the-board, or routine drug testing of employees, except as part of treatment and/or after care.
2) Where there is reasonable suspicion to believe that an employee is impaired due to being under the influence of drugs or alcohol while on duty, that Employee may be required to report for drug/alcohol testing by either the City Manager, a Department Head, a non-union supervisor, the Human Resources Director, or the City Attorney. At the time the employee is ordered to submit to testing, the Employer shall contact the Union Representative so that he/she may be present. If the designated Union Representative is unable to be present within thirty (30) minutes, then the Employee may be ordered to be tested in the presence of any Union member who volunteers. The Union shall provide the Employer with a list of the Union representatives to be contacted for this purpose and shall maintain it on an ongoing basis. All supervisory personnel authorized to compel a test shall receive the training required by the Omnibus Transportation Employees Testing Act.
3) Refusal of an Employee to comply with the order for a drug/alcohol screening will be considered a refusal of a direct order and will be cause for disciplinary action up to and including discharge.
4) It is understood that drug and alcohol tests may be required under the following conditions:
a. When an Employee has been arrested or indicted for conduct involving illegal drug related activity on duty;
b. When an Employee is involved in an on-the-job injury causing reasonable suspicion of legal or illegal drug use or alcohol abuse;
c. When an Employee is involved in an on-the-job accident where there is reasonable suspicion of illegal drug use or alcohol abuse; or
d. Where an Employee has experienced excessive absenteeism or tardiness under circumstances giving rise to reas...
When a Test May Be Compelled. In addition to C.D.L. testing mandated by Federal law and suspicion-based testing described below, the City may engage in suspicion-less drug and/or alcohol testing of each bargaining unit member up to a maximum of two (2) such suspicion-less tests per employee per contract year. If no bargaining unit member tests positive in a confirmatory test during the first two years of this agreement, then the maximum number of suspicion-less drug and/or alcohol tests which may be conducted of each bargaining unit member shall be reduced to one (I) per calendar year. However, if one (I) or more bargaining unit members test positive in a confirmatory test at any time during the life of this Agreement, then the maximum number of suspicion-less drug and/or alcohol tests which may be conducted of each bargaining unit member shall be two (2) per calendar year. For bargaining unit personnel subject to C.D.L. testing, the first or first and second annual random C.D.L. test(s) shall count as the employee's first or first and second suspicion-less test allowed in the first paragraph, above. If an employee's third or fourth
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.
When a Test May Be Compelled. The employer shall have the right to require an Employee to submit to alcohol and/or drug testing: 1) where the Employer has reasonable suspicion to believe that an Employee is then under the influence of illegal drugs or alcohol during the course of the work day, 2) randomly (in the case of Campus Police Officers), 3) in the case of an accident, 4) where the Officer is involved in an on duty shooting, 5) prior to a return to duty after an Employee has undergone alcohol and/or drug rehabilitation treatment, 6) as a follow up once an Employee has returned to duty after alcohol and/or drug rehabilitation treatment, 7) anytime the Officer discharges his/her firearm, and 8) when there is an officer-involved shooting. In addition the Employer has the right to require alcohol and/or drug testing as part of its pre-employment screening of applicants.
When a Test May Be Compelled. 1. Random Testing - Random testing can occur on any scheduled work day, when employees have an equal statistical chance of being selected for testing 2 Reasonable Suspicion - Where there is a reasonable suspicion to suspect that an employee is under the influence of drugs or alcohol or 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 or under the influence of drugs or alcohol, that supervisor shall have the Police Chief, or his designee, confirm that suspicion. If the suspicion is confirmed, the Police Department shall arrange for the drug or alcohol test at a time of the Chief's, or his designee's, discretion.
When a Test May Be Compelled a. Reasonable Suspicion - Except as otherwise provided in this Article, employees shall not be subject to drug or alcohol testing unless there is reasonable suspicion to suspect that an employee is under the influence of drugs or alcohol. When a supervisor has reasonable suspicion to suspect that an employee is under the influence, that supervisor shall have his/her suspicion confirmed by a designated management representative (a representative of the Personnel Department) who has received adequate training in determining whether reasonable suspicion exists to require testing. If the suspicion is confirmed, the Union shall be notified and the Employer shall arrange for the drug or alcohol test. 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.
b. Employees who perform safety-sensitive functions as defined by the U.S. Department of Transportation (functions requiring a Commercial Driver's License), shall be subject to the following forms of testing in accordance with DOT regulations:
When a Test May Be Compelled. CDL drivers may be subject to the following forms of testing: - Pre-employment. Drug and alcohol tests shall be performed on all applicants offered employment. Such offer of employment shall be conditioned upon the result of a negative result for the presence of controlled substances and for a result of .02 or less with respect to alcohol.
When a Test May Be Compelled