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Section 5. The Administration of Tests. <br /> (a) Informing Employees Regarding Drug Testing. All current employees will be <br /> given a copy of the Drug & Alcohol Testing Policy upon execution of the Agreement <br /> between the parties. All newly hired employees will be provided with a copy at the start of <br /> their employment. <br /> (b) Pre-Employment Screening. Nothing in this Article shall limit or prohibit the City <br /> from requiring applicants for bargaining unit positions to submit to blood and/or urine <br /> specimens to be screened for the presence of drugs and/or alcohol prior to employment. <br /> (c) When a Test May Be Compelled. There shall be no random, across-the-board, <br /> or routine drug testing of employees, except as provided by Section 10 or as otherwise <br /> expressly agreed to in writing by the parties. Where there is reasonable suspicion to <br /> believe that an employee is impaired due to being under the influence of drugs, or alcohol <br /> while on duty, that employee may be required to report for drug/alcohol testing. When a <br /> company level officer has reasonable suspicion to believe that an employee is impaired <br /> due to being under the influence, that officer shall have the Battalion Chief or his or her <br /> designee confirm that suspicion prior to any order to submit to drug/alcohol testing. At the <br /> time the employee is ordered to submit to testing the City shall notify the designated Union <br /> Representative on duty and if none is on duty, the City shall make a reasonable effort to <br /> contact an off duty designated Union Representative. Refusal of an employee to comply <br /> with the order for a drug/alcohol screening will be considered as a refusal of a direct order <br /> and will be cause for disciplinary action up to and including discharge. <br /> It is understood that drug or alcohol tests may be required under the following <br /> conditions: <br /> (1) When an employee has been arrested or indicted for conduct involving <br /> illegal drug related activity on or off duty; <br /> (2) When an employee is involved in an on-duty accident where medical <br /> treatment by a medical professional is required. <br /> (3) When an employee is involved in an on-duty vehicular accident. <br /> (4) Where an employee has experienced excessive absenteeism or tardiness, <br /> under circumstances giving rise to a suspicion of off-duty drug or alcohol <br /> abuse. <br /> The above examples do not provide an exclusive list of circumstances which may <br /> give rise to testing. Other circumstances may give rise to testing provided they conform <br /> to the reasonable suspicion standard. <br /> (d) Reasonable Suspicion Standard. Reasonable suspicion exists if the facts and <br /> circumstances warrant a rational inference that a person is impaired by alcohol, or <br /> controlled substances. Reasonable suspicion will be based upon the following: <br /> 39 <br />