2005-34 AUTHORIZING CONTRACT - FIRE SERVICE

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Confirmatorv Initial Test Level Marijuana metabolites* 15 ng/ml Cocaine metabolites** 150 ng/ml Opiates: Morphine 300 ng/ml Codeine 300 ng/ml Phencyclidine 25 ng/ml Amphetamines: Amphetamine 500 ng/ml Methamphetamine 500 ng/ml *Delta-9-tetrahydrocannabinol-9-cartioxylic acid '`'`Benzoylecgonine The above cutoff leveis have been established based on Department of Health and Human Services recommendations. It is understood that chan es in technolo and/or the 9 9Y need to detect the presence of other prescription or illegal drugs may necessitate the adoption of new or changed cutoff levels. Should such changes or need arise, the parties agree to meet promptly to negotiate with respect to the levels to be adopted. If no agreement is reached within sixty (60) days, the City may for good cause (e.g., NIDA or Health and Human Services recommendations) implement new or changed cutoff levels on an interim basis while negotiations are proceeding, subject to challenge by the Union through the grievance procedure. Section 8. Right to Contest. The Union and/or the employee, with or without the Union, shall have the right to file a grievance concerning any testing permitted by this Agreement. Section 9. Voluntary Requests for Assistance. The City shall take no adverse employment action against an employee who voluntarily seeks treatment, counseling or other support for an alcohol or drug related problem unless the request follows the order to submit to testing or unless the employee is found to be using illegal drugs or under the influence of drugs or alcohol. If the employee is then unfit for duty in this current assignment, the City may authorize sick leave or another assignment if it is available in which the employee is qualified and/or is able to perForm. The City shall make available through its Employee Assistance Program (EAP) a means by which the employee may obtain referrals and treatment. All such requests shall be confidential. When undergoing treatment and evaluation, employees shall be allowed to use accumulated sick and/or paid leave and/or be placed on unpaid leave pending treatment. Such leave cannot exceed one (1) calendar year. Section 10. Discipline. All discipline in situations involving a positive drug/alcohol test shall be administered as specified below: (a) First Positive. In the first instance that an employee tests positive on the confirmatory test for drugs or is found to be under the influence of alcohol, the employee may be subject to a suspension not to exceed five (5) calendar days. The foregoing limit on suspension is conditioned upon the employee agreeing to: (1) undergo appropriate treatment as determined by the physician(s) involved; (2) discontinue use of illegal drugs or abuse of alcohol; 32