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SUBSTANCE TESTING
Section 1. All substance testing (drug
and alcohol) conducted by the Employer shall be done in accordance with
applicable laws, DOT Order 3910.1C, and this Agreement.
Section 2. The principal Facility Representative or his/her designee
shall be notified of the arrival, at the facility, of the collector/Blood
Alcohol Technician (BAT) for the purposes of conducting substance testing of
bargaining unit employees. Unless prohibited by operational requirements, the
principal Facility Representative, or his/her designee, will be released for
the purpose of performing representational duties. The Employer shall advise
the principal representative or his/her designee of the maximum number of
employees to be tested. The representative or his/her designee will be
notified when substance testing has been completed. Upon request, the Employer
will inform the representative of the number of people tested at the facility
and the number of employees to be rescheduled.
Section 3. An employee who wishes to have a Union representative
present during the testing process shall be permitted to do so, provided a
representative is readily available, and the collection/test is not delayed.
The employee shall notify the supervisor of the employee's wish to obtain
representation as soon as the employee learns that he/she is to be tested. The
representative will be permitted to observe the actions of the collector/BAT,
but will not interrupt or interfere with the collection process in any manner.
The employee will be allowed to confer for a reasonable period of time not to
exceed ten (10) minutes prior to and ten (10) minutes immediately after the
sample collection process has been completed.
Section 4. The Union at the national level shall be given a copy of the
Employer�s quarterly substance abuse statistical report, and a copy of the
results of the testing of quality control specimens provided to the testing
laboratory by the Department of Transportation. In addition, one (1) Union
representative will be permitted to accompany officials of the Employer on an
inspection of the testing laboratory once a year, if the Employer conducts
such an inspection. The Employer agrees to provide to the Union, on an annual
basis, an updated list of the Department of Health and Human Services (DHHS)
approved laboratories.
Section 5. Employees will be given notice where and when to appear for
substance testing in as private and confidential manner as possible. In no
instance shall this be done in a public manner.
Section 6. All collectors/BATs, and other employees of the urine
collection/alcohol testing contractor with access to testing records, will be
required to execute non-disclosure statements. These statements will cover all
information about bargaining unit employees, including their social security
numbers, which is provided by the Employer, the employee, the Department of
Transportation, or the contractor in connection with the testing processes.
Section 7. The Employer will administer the Substance Testing Program
in a fair and equitable manner. If for any reason a substance test is declared
invalid, the test will be treated as if it had never been conducted, and any
and all files kept by the Employer on the affected employee shall be expunged
of all information related to the test. Employees will not be selected for
testing for reasons unrelated to the purposes of the program.
Section 8. All testing equipment used for alcohol testing shall meet
the applicable requirements and standards as specified in 49 CFR 40.53 (b)
(1-5) and 49 CFR 40.55. All testing equipment used to perform alcohol testing
will be calibrated in accordance with the applicable National Highway Traffic
Safety Administration (NHTSA) requirements. Upon request, the Union shall be
given a copy of the results of the most recent calibration check for any
equipment used for testing. Any testing equipment found to be out of
calibration shall be removed from service until it is recalibrate, and all
tests performed using that equipment since its last calibration check shall be
declared invalid.
Section 9. The Employer shall ensure that the DHHS Guidelines regarding
proper storage, handling, and refrigeration of urine samples prior to testing
are followed.
Section 10. Testing will be conducted in a secure, sanitary area, and
the privacy and dignity of the employee will be respected in accordance with
DHHS Guidelines and Order 3910.1C.
Section 11. Employees will normally be notified of drug test results
within five (5) working days of receipt of the results by the Drug Program
Coordinator (DPC). Failure to comply with this time frame will not invalidate
the results. Alcohol test results shall be made available to the employee at
the time of testing. Notification of test results shall be handled in a
confidential manner. Such results shall only be disclosed as provided for in
Order 3910.1C and this Agreement.
Section 12. All testing forms shall include a section where employees
may enter any comments they deem appropriate.
Section 13. Only employees who are in a duty status shall be subject to
substance testing.
Section 14. Any proposed procedures concerning testing for any other
substances shall be negotiated with the Union prior to implementation as
required by law using the procedures of Article XX Mid-Term Bargaining of this
Agreement.
Section 15. Post accident testing shall only be conducted on employees
whose work performance at or about the time of the covered event as described
in Order 3910.1C provides reason to believe that such performance may have
contributed to the accident or incident, or cannot be completely discounted as
a contributing factor to the accident or incident. If an employee is held past
his/her shift end time, he/she will be paid overtime in accordance with this
Agreement.
In extenuating circumstances (for example, child care arrangements), an
employee identified for post-accident testing may request approval to leave
the facility if the collector/BAT has not arrived at the facility or will not
be arriving shortly. The employee will be required to sign a statement that
he/she will not consume alcohol for up to eight (8) hours of the time of the
covered event and that he/she must return to the facility for testing when
called back.
Section 16. When reasonable suspicion exists that an employee has
violated the substance prohibitions contained in Order 3910.1C, the Employer
may require that an employee submit to substance testing. Reasonable suspicion
must be based on specific objective facts and reasonable inferences drawn from
these facts in the light of experience. Reasonable suspicion does not require
certainty, but mere �hunches� are not sufficient to meet this standard. At the
time an employee is ordered to submit to substance testing based on a
reasonable suspicion, he/she will be given a written statement setting out the
basis for establishing reasonable suspicion. In the event that a reasonable
suspicion test produces a negative result, any references to reasonable
suspicion including, but not limited to the written statements, shall be
expunged from all formal and informal files. This does not preclude the
maintenance of those records required by DOT Regulations.
Section 17. Any employee unable to provide a urine sample for substance
testing shall be allowed a reasonable time to provide a sample, up to two (2)
hours after completion of testing for that day or the end of their shift. If
the employee is still unable to provide a sample, the employee will be
rescheduled at a subsequent date in the near future for collection of another
sample. In post accident cases, the employee may be retained on duty until a
urine sample is provided. The inability of an employee to provide an amount of
breath sufficient for alcohol testing purposes shall be handled in accordance
with Order 3910.1C.
Section 18. The Employer shall be required to perform a second test on
a new portion of the same specimen if a positive result was obtained in the
first drug test. This second test will be done by using gas chromatography and
mass spectrometry. Only confirmed test results will be communicated to the
DPC.
Section 19. Every reasonable effort shall be made to accommodate
employee requests for annual or sick leave immediately upon completion of a
drug test in order to allow the employee to secure back-up testing in a timely
manner. Individuals who are granted such leave may be required, upon request,
to provide proof that back-up testing was accomplished. Employees are not
required to provide the results of such tests.
Section 20. In the event of a confirmed positive alcohol test of .02 or
higher, the Employer shall, upon request, provide to the employee and the
Union the maintenance and calibration history of the equipment used and the
BAT�s last certification.
Section 21. Employees who are removed from safety related duties due to
a confirmed alcohol test of .02 - .039 may be assigned administrative duties,
if the Employer determines such duties are available. If such duties are not
available, the employee shall be offered the option to be placed on annual
leave or leave without pay. The Employer�s assignment of administrative duties
or granting of leave under these circumstances in no way affects the
Employer�s determination that the employee was not ready for work, or the
final decision to take disciplinary/adverse action as appropriate.
In assessing whether to discipline an employee for a subsequent alcohol test
results of .02 - .039, consideration will be given to the length of time that
has elapsed from the date of the previous test in accordance with the DOT Drug
and Alcohol Testing Guide.
Section 22. Prior to the receipt of a proposed notice of disciplinary
or adverse action for a violation of Order 3910.1C, the employee may request
immediate resignation or voluntary retirement, if eligible, and it will be
processed accordingly.
Section 23. There shall be no local or regional supplements to this
Article.
Section 24. Nothing in this Article shall be construed as a waiver of
any employee, Union or Employer right.
Section 25. NAATS may designate a national representative to the
substance testing program to deal with all national issues surrounding the
program. NAATS may designate regional representatives to deal with
regional/facility issues surrounding the substance testing program.
Section 26. The Employer shall convene a meeting annually at the
National level for the Union�s national officers, Regional Directors and
national substance representative for the express purpose of presenting a
detailed review of the substance testing program and for exchanging views on
the program as they concern bargaining unit employees. The exchange of views
shall not be construed as constituting or requiring negotiations. The Employer
agrees to pay travel and per diem costs associated with attendance at the
annual meeting.
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