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<blockquote data-quote="JonFrum" data-source="post: 791286" data-attributes="member: 18044"><p>Here's some exerpts from the Contract. Section 3 deals with drug testing, and Section 4 has similar language on alcohol testing.</p><p> </p><p>ARTICLE 35. EMPLOYEE’S BAIL, LICENSE, SUBSTANCE AND ALCOHOL TESTING</p><p>Section 3.1 Employees Who Must Be Tested</p><p>UPS employees subject to Department of Transportation mandated drug testing are drivers of vehicles with a vehicle weight rating over 26,000 pounds, requiring a commercial driver license (CDL). This includes mechanics and employees who relieve for vacations or other temporary vacancies. Any employee who drives a tractor-trailer and is on the qualified feeder driver list is also subject to DOT mandated testing as provided in this Agreement.</p><p> </p><p>In addition to testing mandated employees, controlled substance testing will be part of pre-qualification conditions for feeder driver employment, and those persons transferring to a feeder driver position. Individuals who are on a “bid list” for tractor-trailer employment or other similar classification type jobs are subject to being tested for controlled substances before being accepted into such a position.</p><p> </p><p><strong>Employees covered by this Collective Bargaining Agreement who are not subject to DOT mandated drug testing are only subject to reasonable cause testing</strong> as provided herein. The substances for which testing shall be conducted, and cut-off levels thereto, shall be consistent with those listed for the DOT-covered employees. This provision also applies to testing conducted pursuant to rehabilitation and after care programs.</p><p> </p><p>Section 3.8 Reasonable Cause Testing</p><p>Upon reasonable cause, UPS will require an employee to be tested for the use of controlled substances.</p><p> </p><p><strong>Reasonable cause is defined as an employee’s observable action, appearance, or conduct that clearly indicate the need for a fitness-for-duty medical evaluation.</strong></p><p> </p><p><strong>The employee’s conduct must be witnessed by at least two (2) supervisors, if available. The witnesses must have received training in observing a person’s behavior to determine if a medical evaluation is required.</strong> When the supervisor(s) confronts an employee, a Union representative should be made available pursuant to Article 4 of the National Master UPS Agreement as interpreted. If no steward is present, the employee may select another hourly paid employee to represent him.</p><p> </p><p>Documentation of the employee’s conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the observed behavior, or before the test results are released, whichever is earlier. In addition, a copy will be sent to the Local Union in a timely manner.</p><p> </p><p>Section 3.9 Post-Accident Drug Testing</p><p><strong>Non-DOT mandated drivers may be required to submit to drug testing if there is any reasonable suspicion of drug usage or reasonable cause to believe that a driver has been operating a vehicle while under the influence of drugs, or reasonable cause to believe the driver was at fault in the accident and drug usage may have been a factor.</strong></p><p> </p><p>[For alcohol testing see . . .]</p><p>Section 4.1 Employees Who Must Be Tested</p><p>Section 4.6 Reasonable Cause Testing</p><p>Section 4.7 Post-Accident Alcohol Testing</p></blockquote><p></p>
[QUOTE="JonFrum, post: 791286, member: 18044"] Here's some exerpts from the Contract. Section 3 deals with drug testing, and Section 4 has similar language on alcohol testing. ARTICLE 35. EMPLOYEE’S BAIL, LICENSE, SUBSTANCE AND ALCOHOL TESTING Section 3.1 Employees Who Must Be Tested UPS employees subject to Department of Transportation mandated drug testing are drivers of vehicles with a vehicle weight rating over 26,000 pounds, requiring a commercial driver license (CDL). This includes mechanics and employees who relieve for vacations or other temporary vacancies. Any employee who drives a tractor-trailer and is on the qualified feeder driver list is also subject to DOT mandated testing as provided in this Agreement. In addition to testing mandated employees, controlled substance testing will be part of pre-qualification conditions for feeder driver employment, and those persons transferring to a feeder driver position. Individuals who are on a “bid list” for tractor-trailer employment or other similar classification type jobs are subject to being tested for controlled substances before being accepted into such a position. [B]Employees covered by this Collective Bargaining Agreement who are not subject to DOT mandated drug testing are only subject to reasonable cause testing[/B] as provided herein. The substances for which testing shall be conducted, and cut-off levels thereto, shall be consistent with those listed for the DOT-covered employees. This provision also applies to testing conducted pursuant to rehabilitation and after care programs. Section 3.8 Reasonable Cause Testing Upon reasonable cause, UPS will require an employee to be tested for the use of controlled substances. [B]Reasonable cause is defined as an employee’s observable action, appearance, or conduct that clearly indicate the need for a fitness-for-duty medical evaluation.[/B] [B]The employee’s conduct must be witnessed by at least two (2) supervisors, if available. The witnesses must have received training in observing a person’s behavior to determine if a medical evaluation is required.[/B] When the supervisor(s) confronts an employee, a Union representative should be made available pursuant to Article 4 of the National Master UPS Agreement as interpreted. If no steward is present, the employee may select another hourly paid employee to represent him. Documentation of the employee’s conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the observed behavior, or before the test results are released, whichever is earlier. In addition, a copy will be sent to the Local Union in a timely manner. Section 3.9 Post-Accident Drug Testing [B]Non-DOT mandated drivers may be required to submit to drug testing if there is any reasonable suspicion of drug usage or reasonable cause to believe that a driver has been operating a vehicle while under the influence of drugs, or reasonable cause to believe the driver was at fault in the accident and drug usage may have been a factor.[/B] [For alcohol testing see . . .] Section 4.1 Employees Who Must Be Tested Section 4.6 Reasonable Cause Testing Section 4.7 Post-Accident Alcohol Testing [/QUOTE]
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