ATCEMS EA Meet & Confer Agreement 2018

maintained by the CITY and shall remain confidential except when disclosure is mandated by law or when such records are used in any disciplinary or legal proceeding.

Section 6.

Assurance of Accurate Results

a) Uniformed Staff members shall have the right to request that their urine samples shall be stored in case of legal disputes. The urine sample will be submitted to the designated testing facility, and if requested by the Uniformed Staff member, will be maintained for the period of one year. Drug testing shall consist of a two-step procedure:

Initial screening test

(1)

(2)

Confirmation test

b) A Uniformed Staff member who disputes the results of a drug test required under this Agreement may request that an additional test be conducted. This test must be conducted at a different DHHS-certified laboratory. The test must be conducted on a split sample that was provided by the Uniformed Staff member at the same time as the original sample. The Uniformed Staffmember may witness the splitting of the specimen at the time of collection. The method of collecting, storing, and testing the split sample will be consistent with the procedures set out in 49 CFR Part 40, as amended. The Uniformed Staffmember's request for a split sample test must be made to the Medical Review Officer within seventy-two (72) hours after the Uniformed Staff member received notice of the original sample's verified positive result. Requests received after expiration of the seventy– two (72) hour period can be accepted only if the delay is determined, in the sole discretion of the Chief, to be the result of documentable facts that were beyond the control of the Uniformed Staff member. The cost of the second test will be paid by the employee. If the result of the second sample test is negative, the Department will reimburse the Uniformed Staff member for the cost of the test.

c) Each year the Drug Testing Program will be evaluated by a third party m accordance with the vendor agreement and 49 CFR §40.121.

Section 7.

Education

At the discretion of the Chief, mandatory educational programs regarding alcohol and drug use may be implemented for all Uniformed Staff members, and educational materials may be available to Uniformed Staff members, including department policies and relevant federal regulations referred to in this Agreement.

Section 8.

Self-Disclosure, Treatment, and Alternative Discipline

a) If a Uniformed Staff member self-discloses to the Chief that the Uniformed Staff member has used illegal drugs or controlled substances and seeks treatment for drug use, the Chiefmay use an alternative discipline procedure outlined in Article 16. For the Chief to use an alternative discipline procedure, any self-disclosure by a Uniformed Staff member must occur:

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