ATCEMS EA Meet & Confer Agreement 2018

prior to the expirations of this Agreement;

c) Any eligibility list created under the terms of this Article will remain in effect for 12 months, notwithstanding the expiration of this Agreement;

d) Any interns who are participating in the Internship Program at the expiration of this Agreement may be placed at the top of the first eligibility list created after expiration of this Agreement.

Section 3.

Preemption

Nothing in this Article shall prevent the CITY from complying with any provision of federal law in connection with the hiring process.

ARTICLE 14 DRUG TESTING

Section 1. Workplace

Commitment to Eliminating Drug and Alcohol Abuse in the

The ASSOCIATION and the CITY share a mutual interest in having a healthy and drug and alcohol-free workforce. To further that mutual interest, both parties are committed to a drug testing policy that identifies employees who have violated CITY or Department rules, regulations, policies, or procedures.

Section 2.

Types of Drug Testing

All Uniformed Staff, including the Chief and Assistant Chiefs, will be subject to the following types of drug testing:

a) Post-Accident Drug Testing: Employees are subject to post-accident testing for alcohol, illegal drugs and controlled substances following any motor vehicle accident which results in a human fatality, an injury which is treated away from the scene, or if a vehicle involved in the accident is towed from the scene, or on the job injury in situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use as based on reasonable suspicion as outlined in the Department policy in effect at the time of this Agreement. b) Random Drug Testing: Up to fifty percent (50%) of all Uniformed Staff will be subject to selection for mandatory testing for illegal drugs and controlled substances during each calendar year on a fair and impartial statistical basis at the CITY'S expense. Selections for random testing will be made for a defined period, no less frequently than monthly.

Protocol for Random and Post-Accident Drug Testing

Section 3.

a) The terms "illegal drugs" and "controlled substances" refer to the substances listed in 49 CFR §40.87 at the time of the test, and medications that are approved for use in patient care by the Clinical Operating Guidelines as adopted by the Department. The term "alcohol" has 45