R2013-21 AUTHORIZING CITY MANAGER TO EXECUTE COLLECTIVE BARGAINING AGREEMENT

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EXHIBIT E Section 1. Only laboratories that are agreed to by the Union and the City and that meet the Substance Abuse and Mental Health Services Administration (SAMHSA) standards shall be used to conduct tests, except for tests given by a breathalyzer operator duly certified by the Illinois Department of Public Health. The labs must use tamperproof containers, have a chain-of-custody procedure, maintain confidentiality, and preserve specimens for a minimum of six (6) months. The labs must be willing to demonstrate their sample handling procedures to the Union at any time. The labs shall participate in a program of "blind" proficiency testing where they analyze unknown samples sent by an independent party. The labs shall make such results available to the Union upon request. All testing of blood samples shall be by chemical analysis of the blood or blood serum by gas chromatography/mass spectrometry (GC/MS). At the time a blood or urine specimen is taken, the employee shall be given a copy of the specimen collection procedures, the specimens must be immediately sealed, labeled and initialed by the employee to insure that the specimens tested by the laboratory are those of the employee. The required procedures are as follows: The specimen shall be taken promptly with as little delay as possible. Immediately after the specimens are taken, the individual specimen container shall, in the presence of the employee and a Union representative if requested by the employee, be labeled and then initialed by the employee. The employee has an obligation to identify each specimen and initial same. The specimens shall be placed in the transportation container after being taken. Then the container shall be sealed in the employee's presence and in the presence of the Union representative if so requested by the employee and the employee given an opportunity to initial or sign the container. The container shall be sent to the designated testing laboratory on that day or the soonest normal business day by courier or the fastest other method available. Section 2. In the event the test results show the presence of alcohol, presumptions shall apply in accord with the following chart. Elapsed Time Since Employee Has Begun Presumed to His Workday to Time Considered Have Been Test Was Given Unimpaired No Presumption Impaired 0 Hours- 1 Hour .05 or less .05 but not .08 .08 or more 1 Hour-2 Hours .04 or less .04 but not .07 .07 or more 2 Hours-3 Hours .03 or less .03 but not .06 .06 or more 3 Hours-4 Hours .02 or less .02 but not .05 .05 or more 4 Hours-5 Hours .01 or less .01 but not .04 .04 or more 5 Hours-6 Hours .00 or less .00 but not .03 .03 or more 6 Hours-7 Hours .00 or less .00 but not .02 .02 or more 7 Hours - 8 Hours .00 or less .00 but not .03 .03 or more 8 Hours - 9 Hours .00 or less .00 but not .02 Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood. 36