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cause shall be defined as exhibiting aberrant or unusual behavior, the type of which is a recognized <br />and accepted symptom of impairment (i.e., slurred speech, unusual lack of muscular coordination, <br />etc.). Such behavior must be actually observed by at least two persons, one of whom shall be a <br />Supervisor who has been trained to recognize the symptoms of drug abuse or impairment and the <br />other of whom shall be the job steward. If the job steward is unavailable or there is no job steward <br />on the project the other person shall be a member of the applicable Union's bargaining unit. Testing <br />shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the <br />exceptions set forth in this paragraph and who test positive will be removed from the Contractor's <br />payroll. <br />g. Applicants or employees who do not test positive shall be paid for all time <br />lost while undergoing drug testing. Payment shall be at the applicable wage and benefit rates set <br />forth in the applicable Union's Master Labor Agreement. Applicants who have been dispatched <br />from the Union and who are not put to work pending the results of a test will be paid waiting time <br />until such time as they are put to work. It is understood that an applicant must pass the test as a <br />condition of employment. Applicants who are put to work pending the results of a test will be <br />considered probationary employees. <br />6. The employers will be allowed to conduct periodic job site drug testing on the <br />Project under the following conditions: <br />a. The entire jobsite must be tested, including any employee or subcontractor's <br />employee who worked on that project three (3) working days before or after the date of the test; <br />b. Jobsite testing cannot commence sooner than thirty (30) days after start of <br />the work on the Project; <br />C. Prior to start of periodic testing, a business representative will be allowed <br />to conduct an educational period on company time to explain periodic jobsite testing program to <br />affected employees; <br />d. Testing shall be conducted by a SAMHSA certified laboratory, pursuant to <br />the provisions set forth in Paragraph 5 hereinabove. <br />e. Only two periodic tests may be performed in a twelve month period. <br />7. It is understood that the unsafe use of prescribed medication, or where the use of <br />prescribed medication impairs the employee's ability to perform work, is a basis for the Contractor <br />to remove the employee from the jobsite. <br />8. Any grievance or dispute which may arise out of the application of this Agreement <br />shall be subject to the grievance and arbitration procedures set forth in the CWA. <br />9. The establishment or operation of this Policy shall not curtail any right of any <br />employee found in any law, rule or regulation. Should any part of this Agreement be found <br />unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the <br />Community Workforce Agreement 42 City of Santa Ana <br />