10. An employee testing positive shall be entitled to Union representation during any meeting between the employee and Agency representatives concerning the test results, if the employee requests Union representation.
11. An employee who is the subject of a drug test shall, upon written request to the Drug Program Manager (M/MED/EX), have access to any records relating to:
a. such employee’s drug test; and
b. the results of any relevant certification, review, or revocation of proceedings.
12. Reasonable suspicion testing will be based upon a “reasonable suspicion” of on-duty, drug-related impairment supported by evidence of specific personal observations concerning job performance, appearance, behavior, speech or bodily odors of the employee. Information provided by a source who refuses to reveal his/her identity may not, in and of itself, serve as a basis for reasonable suspicion testing.
13. The Union may visit any of the facilities authorized to perform urinalysis collection and/or testing upon request and coordination with the Program Coordinator.
14. Only an employee who is in a position that requires random drug testing (a “testing designated position”) will be required to submit to drug testing under the random selection procedure. An employee can challenge the drug testing designation of his/her position.
15. The Employer may defer an employee from the random drug testing if the first and second line supervisors concur that a compelling need exists. For example, a test may be deferred if the employee:
a. is in an approved leave status (sick, annual, excused, or LWOP);
b. is in official travel status away from the test site or is about to embark on official travel scheduled prior to testing notification.
16. An employee who is not required to submit to drug testing may voluntarily request to be included in the pool for random drug testing.
17. The Employer will notify the Union of any proposed changes to the Department’s Drug Free Workplace Plan and provide the Union an opportunity to negotiate as appropriate.