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2020-090 -Approving a Disposition and Development Agreement
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2020-090 -Approving a Disposition and Development Agreement
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11/23/2020 8:42:01 AM
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City Clerk
Doc Type
Resolution
Agency
Clerk of the Council
Doc #
2020-090
Date
11/17/2020
Destruction Year
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permitted to accompany the applicant or employee to the collection facility to observe the <br />collection, bottling, and sealing of the specimen. <br />b. The testing shall be done by a laboratory approved by the Substance <br />Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Employer <br />and the Union. <br />C. An initial test shall be performed using the Enzyme Multiplied <br />Immunoassay Technique (EMZT). In the event a question or positive result arises from the initial <br />test, a confirmation test must be utilized before action can be taken against the applicant or <br />employee. The confirmation test will be by Gas Chromatography Mass Spectrometry (GC/MS), <br />Cutoff levels for both the initial test and confirmation test will be those established by the <br />SAMHSA. Should these SAMHSA levels be changed during the course of this agreement or new <br />testing procedures are approved, then these new regulations will be deemed as part of this <br />existing agreement. Confirmed positive samples will be retained by the testing laboratory in <br />secured long-term frozen storage for a minimum of one year. Handling and transportation of <br />each sample must be documented. through strict chain of custody procedures. <br />d. In the event of a confirmed positive test result the applicant or employee <br />may request, within forty-eight (48) hours, a sample of his/her specimen from the testing <br />laboratory for purposes of a second test to be performed at a second laboratory, designated by the <br />Union and approved by SAMHSA. The retest must be performed within ten (10) days of the <br />request. Chain of custody for this sample shall be maintained by the Employer between the <br />original testing laboratory and the Union's designated laboratory. Retesting shall be performed at <br />the applicant's or employee's expense. In the event of conflicting test results the Employer may <br />require a third test. <br />e. If, as a result of the above testing procedure, it is determined that an <br />applicant or employee has tested positive, this shall be considered sufficient grounds to deny the <br />applicant or employee his/her employment on the Project Work. <br />f. No individual who tests negative for drugs or alcohol pursuant to the <br />above procedure and becomes employed on the Project Work shall again be subjected to drug <br />testing with the following exceptions; <br />I. Employees who are involved in industrial accidents resulting in <br />damage to plant, property or equipment or injury to him/herself or others may be tested pursuant <br />to the procedures stated hereinabove. <br />2. The Employer may test employees following thirty (30) days <br />advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the <br />applicable Union shall be as set forth in Paragraph 3 above and such testing shall be pursuant to <br />the procedures stated hereinabove. <br />3. The Employer may test an employee where the Employer has <br />reasonable cause to believe that the employee is impaired from performing his/her job. <br />6/28/2016 Draft PLA 43 City of Santa Ana <br />
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