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employee's immediate supervisor in charge within twenty-four (24) hours of the time such <br />unsafe working conditions become apparent. <br />B) The Employer will investigate all written reports of unsafe working conditions and within <br />twenty-four (24) hours begin to correct any which are found. The Employer shall be <br />responsible for insuring that all safety rules and safe working methods are followed by the <br />employees. <br />C) The Employer will notify the employee who alleges unsafe working conditions, in writing, <br />of any corrections which have been made. <br />SECTION 3: The Employer shall adopt a safety program regarding equipment, working <br />conditions, and employee safety in order to insure the safety of all employees. <br />ARTICLE 26: <br />DRUG TESTING <br />SECTION 1: For the purpose of implementing the provisions of this article, each bargaining <br />unit member shall execute medical releases in order for the City to obtain the results of the <br />examinations/drug screen testing provided for in this Article and City's Drug Testing Procedures <br />per the City of North Olmsted Drug Free Workplace Policy. <br />SECTION 2: The drug testing policy shall be the drug free workplace plans established by the <br />Bureau of Workers' Compensation (BWC). It is further agreed to by the OPBA and the <br />Employer that only B WC Level 3 Drug Free Workplace Policy will be implemented by the <br />parties, with random drug testing. <br />SECTION 3: If an employee is required to submit a written report, they shall be advised of the <br />reason for such report. <br />SECTION 4: In the event that disciplinary action is taken against a member, the member shall <br />have the right to request the presence of an OPBA representative when such action is taken. <br />SECTION 5: If all screening and confirmatory tests are positive regarding the use of non - <br />felonious drugs, the City shall require the employee to participate in a rehabilitation or <br />detoxification program as determined by appropriate medical personnel. This provision shall <br />apply to only the first incident of positive testing of or the use of non -felonious drugs. Any <br />employee testing positive for the use of non -felonious drugs the second time any employee <br />testing positive for and/or the use of felonious drugs may be subject to disciplinary action up to <br />termination at the Employer's discretion without any rehabilitation program. <br />SECTION 6: An employee who participates in a rehabilitation or detoxification program shall <br />be allowed to use sick leave, vacation leave, or personal days for the period of the rehabilitation. <br />If no such leave credit is available; such employee may be placed on an unpaid medical leave of <br />absence. <br />20 <br />