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2004-131 Resolution
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2004-131 Resolution
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1/9/2014 3:58:01 PM
Creation date
12/16/2013 10:07:34 AM
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North Olmsted Legislation
Legislation Number
2004-131
Legislation Date
11/3/2004
Year
2004
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33.3 EMPLOYEE TESTING <br />Employees shall not be subjected to random medica( testing involving urine or blood analysis or <br />other similar or related tests for the purpose of discovering possible drug or alcohol abuse. If, <br />however, objective evidence exists establishing reasonable suspicion to believe an Employee's <br />work performance is impaired due to drug or alcohol abuse, the Employer will require the <br />Employee to undergo a medical test consistent with the conditions as set forth in this Policy. <br />33.4 SAMPLE COLLECTION <br />The collection and testing of the samples shall be performed only by a laboratory and by a <br />physician or health care professional qualified and authorized to administer and determine the <br />meaning of any test results. The laboratory performing the test shall be one that is certified by the <br />National Institute of Drug Abuse (NIDA). The laboratory chosen must be agreed to between the <br />Association and the Employer. The laboratory used shall also be one whose procedures are <br />periodically tested by NIDA where they analyze unknown samples sent to an independent party. <br />The results of Employee tests shatl be made available to the Medical Review Physician. <br />Collection of blood or urine samples shall be conducted in a manner which provides the highest <br />degree of security for the sample and freedom from adutteration. Recognized strict chain of <br />custody procedures must be followed for all samples as set by NIDA. The Association and the <br />Employer agtee that security of the biological urine and blood samples is absolutely necessary, <br />therefore, the Employer agrees that if the security of the sample is compromised in any way, any <br />positive test shall be invalid and may not be used for any purpose. Blood or urine samples will be <br />submitted as per NIDA Standards. Employees have the right for Association or legal counsel <br />representatives to be present during the submission of the sample. <br />A split sample shall be reserved in all cases for an independent analysis in the event of a positive <br />test resutt. AIl samples must be stored in a scientific acceptable preserved manner as established <br />by NIDA. All positive confirmed samples and related paperwork must be retained by the <br />laboratory for at least six months or for the duration of any grievance disciplinary action or legal <br />proceedings, whichever is longer. At the conc[usion of this period, the paperwork and specimen <br />shall be destroyed. Tests shal( be conducted in a manner to ensure that an Employee's (egal drug <br />use and diet does not affect the test results: <br />33.5 DRUG TESTING <br />The laboratory shail test only for substances and within the limits for tite initial and confirmation <br />test as provided within NIDA standards. The initial test shall use an immunoassay which meets <br />the requirements of the Food and Drug Administration for commercial distribution. The following <br />46
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