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A) All unsafe working conditions must be reported by the employee in writing to the employee's <br />immediate supervisor in charge within twenty-four (24) hours of the time such unsafe working <br />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 we 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, of <br />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 ensure the safety of all employees. <br />ARTICLE 26 25: <br />DRUG TESTING <br />SECTION 1. For the purpose of implementing the provisions of this article, each bargaining unit <br />member sball execute medical releases in order for the Employer to obtain the results of the <br />examinations/drug screen testing provided for in this Article and Employer's Drug Testing <br />Procedures per the City of North Olmsted Drug Free Workplace Policy. <br />SECTION 2. The drug testing policy shall be the drug free workplace as set forth in the City's <br />Personnel Policy Manual (PPM), including thresholds as may be amended from time to time by <br />federal regulations and incorporated in said policy, a copy of which is attached hereto as Appendix <br />B. It is further agreed to by the OPBA and the Employer that only the Drug Free Workplace Policy <br />as established in the City's PPM will be implemented by the parties. If there are any changes in <br />the policy during the terms of this Agreement, the Employer shall notify the Union and all <br />employees of the changes in writing at least ten (10) days prior to the effective date of the changes, <br />and the agreed upon policy dated January 1, 2021 attached to the CBA shall be updated to reflect <br />the PPM Policy changes, with copies being provided to the Association and employees. <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 testing <br />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 />25 <br />4882-1615-2807, v.5 <br />