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ARTICLE XXXIV DRUG AND ALCOHOL POL10 <br />34.1 1=or the purpose ofimplementing the provisions of this article, cacti bargaining unit <br />member shall execute medical releases in order for the Employer to obtain the results of the <br />examinations/drug screen testing provided fol- in this Article and the Employer's Drug Testing <br />Procedures per the City of North Olmsted Drtl(-> I rcc Workplace. Policy°. <br />34.2 The Cit,,'s drug testing policy shall be the drug free workplace as set forth in the City's <br />Personnel Policy Manual (PPM), including thresholds as aim, be amended from time to time by <br />federal regulations and incorporated in said policy, a copy of which is attached hereto as <br />Appendix B. It is further agreed to by the Association anis the Employer that only the drug free <br />workplace policy as established in the (.'it\'s PPM will be implemented by the parties. Ifthere <br />are anv changes in the policy during the terms of this Agreement, the Lniplomer shall notify the <br />Union and all emplin -ees of the changes in vvriting at least ten (10) days prior to the effective <br />date of the changes. and the agreed upon policy attached to the CBA shall be updated to reflect <br />the PPM Policy changes, with copies being provided to the Association and employees. <br />34.3 If an employee is required to submit a written report, they shall be advised of the reason <br />for such report. <br />34.4 In the event that disciplinary action is taken against a member, the member shall have the <br />right to request the presence of an Association representative when such action is taken. <br />34.5 If all the screening and confirmatory tests are positive regarding the use of non -felonious <br />drugs, the City shall require the crmployce to participate in a rehabilitation or detoxification <br />program, as determined by appropriate medical personnel. Phis provision shall apply to only the <br />first incident of`positive testing of or use of 11017 -felonious drugs. Any employee testing positive <br />for the use of non -felonious drugs the second time and any employee testing positive Im— and/or <br />the use of felonious drugs may be subject to disciplinary action up to termination at the <br />I_:mployer"s discretion without any rehabilitation program. I'he cost of the program will be <br />covered by the employees health insurance plan or the employer. <br />3=4.6 Ali employee who participates in a rehabilitation or detoxification program shall be <br />allowed to use sick leave, vacation leave, or personal days for the period of the rehahilitation, 11' <br />no such leave credit is available. such employee may, be placed on an unpaid medical leave of <br />absence. <br />34.7 Upon completion of the program and retest that demonstrates that the employee is no <br />longer illegally using a controlled substance, the employee shall be returned to his position. <br />Such employee may be subject to periodic retesting,, at the Employer's discretion, upon return to <br />his position for a period of two (2) years frorn the date of his return. <br />34.8 Any employee in the above mentioned rehabilitation program will not lose any seniority <br />Should it be necessary that he be required to take an unpaid medical leave of absence. <br />