ARTICLE 37
Drug-Testing Plan
SECTION 1. GENERAL PROVISIONS OF DRUG TESTING OF UNIT EMPLOYEES
A. Management agrees that it will conduct drug testing of bargaining unit employees in accordance with the procedures of Department of Commerce (DOC) Drug-Free Workplace Plan (DFWP), the Drug-Free Workplace Guide (Guide), and any decision of a court of competent jurisdiction that is binding on the NWS. To the extent required by Statute, if the employer proposes to modify or revise its DFWP and/or Guide, NWSEO will receive adequate prior notice of the proposed changes, and will be provided with an opportunity to submit bargaining proposals and enter into negotiations concerning these proposals.
B. This Article incorporates for reference purposes the DOC DFWP and Guide, dated May 1990.
C. There will be no direct observation of an employee while in the act of providing a urine specimen unless the agency has reason to believe that a particular individual may alter or substitute the specimen to be provided.
D. When an employee is notified of a confirmed positive test, the employee may submit evidence to the Medical Review Officer (MRO) to justify a positive test result. In accordance with HHS guidelines, the MRO shall give the employee an opportunity to discuss the test result.
E. The parties agree that should any question arise as to the accuracy or validity of a positive test result, only the MRO is authorized to order a reanalysis of the original sample. Any retest must be conducted at a laboratory under HHS guidelines.
F. An employee, upon request, may have a union representative. The representative may accompany the employee to the collection location. No unauthorized person will enter the collection site, and no management official and/or union representative will interfere, in any way, with the collection process. The representative will be on official time from the time of the call back until the collection process is completed.
G. The agency agrees to pay any travel expense for any employee required to travel outside his/her normal commuting area for the purposes of drug-testing.
H. In consideration of an employee's right to privacy, any designated collection site must meet the requirements of HHS guidelines.
I. Any test result and any other related documentation from a drug test will not become part of an employee's Official Personnel Folder (OPF).
J. Use of the drug testing program to punish or harass employees is strictly prohibited.
K. Bargaining unit members may grieve a positive test result at Step 3 of the employee grievance procedure, in accordance with the CBA.
L. In accordance with the DOC Guide, when an employee has been directed to take a drug test, he/she will be given a specific written notice stating the reason(s) for the test. In consideration of the employee's privacy, notification by the contacting officer will be made from a private and secure area.
M. Failure to appear for a scheduled collection is considered failure to cooperate with the drug testing procedures. An employee who fails to appear for testing will be given an opportunity to explain why. Management will consider any mitigating and aggravating circumstances that prevented the employee from appearing. At its discretion, management may reschedule the employee for another test.
If the employee fails to provide a reasonable explanation for failure to appear for a scheduled collection, he/she may be subject to appropriate disciplinary action.
N. If an employee is requested to remove any unnecessary outer garments and/or personal belongings, these will be secured in accordance with HHS guidelines.
O. If an employee is unable to provide at least 60 milliliters of urine within 60 minutes after arrival at the collection site, the employee will be given a reasonable period of time to provide a specimen. To facilitate producing a specimen, the employee may be given a reasonable amount of fluids. As a general rule, the employee will be allowed 4 hours or until the end of the shift, whichever is later.
If an employee fails to produce an adequate urine specimen because of a legitimate medical problem, as determined by the MRO, no disciplinary action shall be taken against the employee.
If the MRO determines there is no legitimate medical problem for an employee's failure to produce an adequate specimen, appropriate disciplinary action may be initiated against the employee. The employee may grieve the MRO's determination at Step 3 of the grievance procedure.
P. The laboratory shall send test results to the agency's MRO within an average of five (5) working days after receipt by the laboratory. Normally, test results from the contract laboratory will be received via computer located in the MRO's office. In the event of a computer outage, reports shall be sent from the contract laboratory via Federal Express or Express Mail.
Q. The MRO will notify the employee of a positive test result via certified mail.
R. Employees who receive a positive test result are subject to disciplinary action. The nature of the disciplinary action will be determined on a case by case basis.
Any employee subject to any disciplinary or adverse action will be afforded the rights outlined in Article 12 of this Agreement. Any disciplinary action will be taken in accordance with applicable law, rule or regulation.
S. Each employee tested will be allowed to review each entry on the chain of custody form. Chain of custody standardized forms will be properly executed by the collection site personnel upon receipt of the specimen to ensure custody is maintained at all times.
SECTION 2. REASONABLE SUSPICION TESTING
A. Reasonable suspicion testing will be administered in accordance with the Department's Drug-Free Workplace Plan and Drug Testing Guide.
B. All documentation used by management to support a test based on reasonable suspicion will be provided to the employee.
C. An employee subject to reasonable suspicion testing will be considered on duty from the time of notification until the test is complete. An employee directed to report for a drug test on a day he or she is not scheduled to work, or directed to return for purposes of a drug test, will be considered on duty consistent with applicable law and its implementing regulations.
D. The notice to test based on reasonable suspicion will be presented in writing to include the complete basis for the decision to test.
SECTION 3. POST-ACCIDENT DRUG TESTING
Employees who are involved in on-the-job accidents or who engage in unsafe on-duty, job-related activities that pose a danger to themselves or others or to the overall operation of the NWS will be subject to testing. Based on the circumstances of the accident or unsafe act, testing may be initiated when the accident or unsafe practice results in:
A. A death or personal injury requiring immediate hospitalization, or
B. Damage to government or private property in excess of $5,000.
SECTION 4. DRUG TESTING OF JOB APPLICANTS
A. All vacancy announcements for testing designated positions (TDPs) within the National Weather Service bargaining unit shall include the following statement: "Except as prohibited by law, all applicants tentatively selected for this position will be required to submit to urinalysis to screen for illegal drug use prior to appointment."
SECTION 5. MONITORING OF THE DRUG TESTING PROGRAM
A. The agency will provide the Union with a written list of current NWS TDPs.
B. The agency will semi-annually provide the union with a written list of all labs engaged in drug testing. The list will include the lab name, address, telephone number and names of contact person for each lab. Should the agency change laboratories, NWSEO will be notified of such change.
C. The agency will provide an annual written report to the union which will include the number of unit employees tested, and the types of tests, number of positive and negative test results and the number of false positives.
SECTION 6. DRUG TESTING AND EMPLOYEE ASSISTANCE PROGRAM
A. EAP-related records and information concerning participants shall be kept in a confidential manner in accordance with Federal law and regulation. These records and information shall not be given to any management official without the written consent of the employee.
B. The medical review officer is responsible for determining when an employee may be medically cleared to return to critical safety/security duties. If the MRO determines that a Unit employee is not cleared to return to a TDP, he/she may grieve that determination at step 3 of the employee grievance procedure.
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