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Section 4. Use of Alcohol or Legal Drugs Prior to Emergency Recall. The parties <br /> recognize that employees may be placed in a conflict arising from that the fact that employees <br /> are not prohibited from consuming alcohol or legal drugs while off duty but are subject to <br /> emergency recall during off duty hours. Accordingly, when employees are notified of any <br /> emergency recall from off duty, the following procedure shall apply: <br /> (a) The recalled employee shall advise the officer in charge of the station to which <br /> he/she reports if he/she has consumed alcohol or legal drugs during the day of the emergency <br /> recall and the extent of such activity. <br /> (b) The officer in charge shall assess the employee's condition and fitness for duty and <br /> either assign him/her to duty or, if the employee is determined to be unfit for duty will not allow <br /> him/her to sign in for duty. <br /> Section 5. The Administration of Tests. (a) Informing Employees Regarding Drug <br /> Testing. All current employees will be given a copy of the Drug & Alcohol Testing Policy upon <br /> execution of the Agreement between the parties. All newly hired employees will be provided <br /> with a copy at the start of 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 specimens <br /> 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, or <br /> routine drug testing of employees, except as provided by Section 10 or as otherwise expressly <br /> agreed to in writing by the parties. Where there is reasonable suspicion to believe that an <br /> employee is impaired due to being under the influence of drugs or alcohol while on duty, that <br /> employee may be required to report for drug/alcohol testing. When a company level officer has <br /> reasonable suspicion to believe that an employee is impaired due to being under the influence, <br /> that officer shall have the Battalion Chief or his or her designee confirm that suspicion prior to <br /> any order to submit to drug/alcohol testing. At the time the employee is ordered to submit to <br /> testing the City shall notify the designated Union Representative on duty and if none is on duty, <br /> the City shall make a reasonable effort to contact an off duty designated Union Representative. <br /> Refusal of an employee to comply with the order for a drug/alcohol screening will be considered <br /> as a refusal of a direct order and will be cause for disciplinary action up to and including <br /> 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-the-job injury, causing reasonable <br /> suspicion of illegal drug use or alcohol abuse; <br /> (3) When an employee is involved in an on-duty accident where medical <br /> treatment is required. <br /> 2s <br />