2005-34 AUTHORIZING CONTRACT - FIRE SERVICE

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(4) Where an employee has experienced excessive absenteeism or tardiness, under circumstances giving rise to a suspicion of off-duty drug or alcohol abuse. The above examples do not provide an exclusive list of circumstances which may give rise to testing. Other circumstances may give rise to testing provided they conform to the reasonable suspicion standard. (d) Reasonable Suspicion Standard. Reasonable suspicion exists if the facts and ' circumstances warrant a rational inference that a person is impaired by alcohol or controlled i, substances. Reasonable suspicion will be based upon the following: ' (1) Observable phenomena, such as direct observation of use and/or the I physical symptoms of impairment by alcohol or controlled substances; (2) Information provided by an identifiable third party which is independently corroborated. (e) Order to Submit to Testing. At the time an employee is ordered to submit to testing authorized by this Agreement, the City shall provide the employee with the reasons for the order. The identity of any third party shall be made available to a Union designated representative upon request and such information shall be treated as confidential information subject to disclosure only to the extent relevant to processing a grievance. A written notice setting forth all of the objective facts and reasonable inferences drawn from the facts which formed the basis of the order to test will be provided in a reasonable time period following the order. The employee shall be permitted to consult with a designated representative of the Union at the time the order is given, provided that such a representative is available. No questioning of the employee shall be conducted that is not consistent with the "Firemen's Disciplinary Act." A refusal to submit to such testing may subject the employee to discipline, but the employee's taking of the test shall not be construed as a waiver of any objection or rights that he/she may have. When testing is ordered, the employee will be removed from duty and placed on leave with pay pending the receipt of results. Section 6. Conduct of Tests. The City may use breathalyzer tests for alcohol testing. In conducting the testing authorized by this Agreement (other than by use of a breathalyzer, with respect to which only item (h) below, shall apply), the City shall: (a) Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has been or is capable of being accredited by the National Institute of Drug Abuse (NIDA). , (b) Insure �hat the laboratory or facility selected conforms to all NIDA standards, ' including blind testing. (c) Use tamper proof containers, have a chain-of-custody procedure, maintain confidentiality, and preserve specimens for a minimum of twelve (12) months. (d) Collect a sufficient sample of the same bodily fluid or material from a firefighter to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing is requested by the employee. 30