Common use of When a Test May Be Compelled Clause in Contracts

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. 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 Assistant/Battalion 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. 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 influ- ence of drugs or alcohol while on duty, that employee may be required to report for drug/alcohol testing. When a company level officer of- ficer 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 testingtest- ing. At the time the employee is ordered to submit to testing the City shall notify the designated desig- nated Union Representative on duty and if none is on duty, the City shall make a reasonable effort ef- fort to contact an off duty designated Union Representative. Refusal of an employee to comply with the order for a drug/alcohol screening screen- ing 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-on- the-job injury causing reasonable suspicion of illegal drug use or alcohol abuse; (3) when an employee is involved in an on-on- duty accident where there is reasonable suspicion of illegal drug use or alcohol abuse; (4) where an employee has experienced excessive ex- cessive 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 exclu- sive 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. ‌ 1. There shall be no random, across-the-board, or routine drug testing of employeesMembers, except as provided by Section 26.6 or as is otherwise expressly agreed to in writing by the partiespart of treatment and/or after care. 2. Where there is reasonable suspicion to believe that an em- ployee a Member is impaired due to being under the influence of drugs or alcohol while on duty, that employee Member may be required to report for drug/alcohol testing. When testing by either the City Manager, the Chief of Police, a company level officer has reasonable suspicion to believe that an employee is impaired due to being under the influenceLieutenant, that officer shall have the Assistant Chief a Sergeant, or their designee confirm that suspicion prior to any order to submit to drug/alcohol testinga Corporal if acting as a shift supervisor. At the time the employee Member is ordered to submit to testing testing, the City shall notify contact the Union Representative so that he/she may be present. If the designated Union Representative on duty and if none is on dutyunable to be present within thirty (30) minutes, then the Member may be ordered to be tested in the presence of any Union Member who volunteers. The Union shall provide the City with a list of the Union representatives to be contacted for this purpose and shall make maintain it on an ongoing basis. In the event a reasonable effort to contact an off duty designated bargaining unit Member (any commissioned officer) is the individual ordering the test, a Union RepresentativeRepresentative or other Union member must be present. 3. Refusal of an employee a Member 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. 4. It is understood that drug or and alcohol tests may be required under the following conditions: (1) when an employee a. When a Member has been arrested or indicted for conduct involving illegal drug related activity on or off duty; (2) when an employee b. When a Member is involved in an on-the-job injury causing reasonable suspicion of legal or illegal drug use or alcohol abuse; (3) when an employee c. When a Member is involved in an on-duty the-job accident where there is reasonable suspicion of illegal drug use or alcohol abuse;; or (4) where an employee d. Where a Member has experienced excessive absenteeism or tardiness under circumstances giving rise to a reasonable suspicion of off-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. 1. There shall be no random, across-the-board, or routine drug testing of employeesMembers, except as provided by Section 26.6 or as is otherwise expressly agreed to in writing by the partiespart of treatment and/or after care. 2. Where there is reasonable suspicion to believe that an em- ployee a Member is impaired due to being under the influence of drugs or alcohol while on duty, that employee Member may be required to report for drug/alcohol testing. When testing by either the City Manager, the Chief of Police, a company level officer has reasonable suspicion to believe that an employee is impaired due to being under the influenceLieutenant, that officer shall have the Assistant Chief a Sergeant, or their designee confirm that suspicion prior to any order to submit to drug/alcohol testinga Corporal if acting as a shift supervisor. At the time the employee Member is ordered to submit to testing testing, the City shall notify contact the Union Representative so that he/she may be present. If the designated Union Representative on duty and if none is on dutyunable to be present within thirty (30) minutes, then the Member may be ordered to be tested in the presence of any Union Member who volunteers. The Union shall provide the City with a list of the Union representatives to be contacted for this purpose and shall make maintain it on an ongoing basis. In the event a reasonable effort to contact an off duty designated bargaining unit Member (any commissioned officer) is the individual ordering the test, a Union RepresentativeRepresentative or other Union member must be present. 3. Refusal of an employee a Member 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. 4. It is understood that drug or and alcohol tests may be required under the following conditions: (1) when an employee a. When a Member has been arrested or indicted for conduct involving illegal drug related activity on or off duty; (2) when an employee b. When a Member is involved in an on-the-job injury causing reasonable suspicion of legal or illegal drug use or alcohol abuse; (3) when an employee c. When a Member is involved in an on-duty the-job accident where there is reasonable suspicion of illegal drug use or alcohol abuse;; or (4) where an employee d. Where a Member has experienced excessive absenteeism or tardiness under circumstances giving rise to a reasonable suspicion of off-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. 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 Assistant/Battalion 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 drug, cannabis 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.