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

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 reasonable 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- 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-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 reasonable 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- 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 reasonable 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.