SUBSTANCE ABUSE
Par. 1. In order to eliminate substance abuse in the workplace;
to assist employees with substance abuse related illnesses,
to have a safe workplace and efficient work-force. Such Substance
Abuse Program shall be subject to the conditions set forth in
this Article.
Par. 2. The Company may schedule regular drug testing for employees
at no less than 6 month intervals. There shall be no random
testing for drugs or alcohol for any reason other than stated
in Paragraph 6. An employee who refuses to submit to random
testing of any kind, for reasons other than stated in Paragraph
6, shall not be disciplined, nor shall that employee be refused
access to the jobsite.
Par. 3. Testing may be performed on new-hire applicants for
employment as a condition of employment prior to placing them
on the payroll. However, bargaining unit members ( i. e. employees
who have already worked in the industry) must be exempt from
any such pre-employment testing.
Par. 4. An employee may be tested when probable cause exists
to believe that the employee is impaired on the job. Probable
cause will be deemed to exist under the following circumstances:
(a) The employee's conduct or actions indicating alleged impairment
shall be observed by one supervisor on the jobsite and confirmed
by a second supervisor whenever possible. The supervisor(s)
shall record their observations in writing stating the date,
time, length of observation, jobsite and actions of the employee
which they believe constitute drug or alcohol impairment. Such
statements shall be signed; and
(b) A determination is made that the employee's conduct is
symptomatic of alcohol or drug impairment by an independent
physician or health care professional qualified to make such
a determination, following a consultation with the employee.
The physician or health care professional shall be of the Employer's
choosing and the cost of such consultation and determination
shall be borne by the Employer if it is not covered by applicable
insurance; or
(c) Any employee involved in an accident which results in professional
medical treatment or damage to company property will be required
to submit to a test for the presence of alcohol or drugs. This
requirement will be waived when the injury or accident was solely
the result of a third party's action, or where it can be determined
that drugs or alcohol were not a contributing factor.
Par. 5. An employee who is properly requested to undergo testing
in accordance with the minimum procedures set forth in item
4 above shall be tested within 24
hours. If the employee refuses, then the employee is subject
to disciplinary action up to and including termination.
The Company must use a recognized and reputable concern for
testing, with sufficient facilities and quality control features
to ensure accuracy in test diagnosis and the capability to store
samples. Chain of custody procedures must be observed at all
times. The Company will comply with any state laws concerning
drug testing.
The results of the test of an employee who tests positive the
first time must be confirmed by NIDA standards. An employee
who disputes positive results shall have the right within ten
(10) working days of when he is notified of the test results
to have his initial sample independently retested by an authorized
laboratory of his choice at his own expense. If the independent
retest indicates a negative result, the Employer may elect to
retest the employee's initial sample. If the results are again
negative, the employee will be put back to work immediately
(if he is off work) and made whole for any loss of pay occasioned
by the first positive test results.
Par. 6. An employee whose final test results are positive (and
who has not tested positive previously) will be referred to
the Company's Medical Review Officer, (see attachment). Employee
Assistance Program or some other recognized and approved rehabilitation
or counseling program. The cost of such programs may be offset
by appropriate insurance coverage. If the employee enters such
a program, his status as an employee will not be affected and
he will be allowed access to the job under the conditions established
by the program. An employee who refuses a proper request to
enter and participate in such a program shall be barred from
returning to work with the Company. Employees may be disciplined,
up to and including discharge, for subsequent positive test
results. Employees who test positive two (2) times, and have
been discharged by the Employer, shall not return for the Company
until he/she has successfully completed a substance abuse program.
Said individual, upon returning to work, may be randomly tested
for substance abuse for a period of one year at the employer's
expense.
Par. 7. Testing may be for drug or alcohol impairment only
and not for any other medical conditions. Neither the Company
nor any medical or testing personnel, shall disclose any information
regarding the fact of testing or the results of testing to any
other employer or customer. All test results and related information
will be given the same confidentiality as any other medical
information in the company.
Par. 8 Any employee(s) who possesses, sells, transports or
distributes illegal drugs or unauthorized alcohol at a work
site, on the company premises, or on company time is subject
to immediate discharge.
This statement of principles shall apply to all employees represented
by the International Union of Elevator Constructors. Substance
abuse testing and treatment measures are appropriate for all
employer non-bargaining unit employees as well, including company
executives and officers.
RIGHTS OF EMPLOYEES
a) Before requesting an employee to undergo drug or alcohol
testing, the employer shall provide the employee with a form
on which to acknowledge that the employee has seen the drug
and alcohol testing policy.
b) If an employee tests positive for drug or alcohol use, the
employee must be given written notice of the right to explain
the positive test and indicate any over-the-counter or prescription
medication that the employee is currently taking or has recently
taken and any other information relevant to the reliability
of, or explanation for, a positive test.
c) Within three (3) working days after notice of a positive
initial test result the employee may submit information to the
employer, in addition to any information already submitted under
paragraph (b), to explain that result.
d) An employee who tests positive will have ten (10) working
days following the date which the employee is notified of the
test result to advise the company, in writing, of the employee's
desire to request a retest of the original sample at the employee's
own expense.
e) Unless a positive test result is confirmed as positive,
it shall be deemed negative and reported by the laboratory as
such.
f) The employer will bear the costs of all testing except for
retests requested by employees after an initial positive test
result.
Refusal to test or provide an adequate sample when required
by this policy shall constitute insubordination and is a violation
of this agreement.
Any specimen altered by the employee will be considered a positive
test result and therefore a violation of this policy. Any specimen
altered by the employer will be considered a negative test result.
MEDICAL REVIEW OFFICER. The Company will appoint a Medical
Review Officer (MRO) to administer this Policy. The responsibilities
of the MRO shall be to:
a) Select and utilize services of a testing laboratory that
meets one of the criteria for drug testing established by [Bargainers
in local areas will have to decide whether to use U.S. Department
of Health and Human Services standards or other state or local
law standards for all elements of the program including approved
MROs for testing of specimens collected under this Policy.]
b) Provide specimen test kits and collection locations that
follow chain of custody collection techniques mandated by [adopted
standard].
c) Maintain appropriate systems, records, and administrative
procedures to provide participating employers with accurate
and timely information as to the drug and alcohol free status
of employees.
d) Ensure that the testing facility conducts both an initial
drug screen and a confirmation test on specimens before reporting
positive results.
e) Notify the tested individual of a positive result and provide
the individual with an opportunity to explain the reasons why
their test might be positive.
f) Review and verify a confirmed positive test result and process
the donor's request for a confirmatory retest of the original
sample.
g) Review a participating employee's medical record if so requested
by the employee.
h) Notify the employer's contact person of all test results,
both positive and negative, if required.
i) Refer individuals testing positive to the appropriate medical
evaluation and participate in return to duty decisions as set
forth in this Policy.
j) Ensure the drug and alcohol policy and program complies
with [Federal, State, and local law].
