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56 <br /> <br />resource will not interfere with an employee’s continued employment. Employees who voluntarily come forward <br />and ask for assistance to deal with a drug and/or alcohol problem shall not be disciplined by the City. Policies <br />and procedures related to the confidentiality of personal medical information will be maintained at all times. <br /> <br />Section 5 Employee Testing <br />Unless otherwise required by law, or as required by sections 12 or 15 of this article, employees shall not be <br />subject to random urine testing or blood testing or other similar or related tests for the purpose of discovering <br />possible drug or alcohol abuse. <br /> <br />5.1 Reasonable Suspicion Testing <br />If the City has reasonable suspicion to believe an employee's work performance is impaired due to drug or alcohol use, <br />the City may require the employee to undergo a drug and/or alcohol test consistent with the conditions set forth in this <br />article. <br /> <br />Reasonable suspicion for the purposes of this article is defined as follows: the City's determination that reasonable <br />suspicion exists shall be based on specific, articulated observations concerning the appearance, behavior, speech <br />or body odors of an employee and shall include, as a minimum, a written report documenting objective, <br />measurable changes in an employee's work performance due to unauthorized drug or alcohol use by two (2) <br />observers who have had an adequate opportunity to observe these changes. Any member who refuses to comply <br />with this article shall be removed from duty immediately and may be subject to disciplinary action. <br /> <br />5.2 Post-Incident/Accident Testing <br />Employees will be required to undergo urine and breath testing if they are involved in an incident/accident with <br />a City vehicle that results in a fatality or bodily injuries requiring transport for medical treatment. <br />Following an incident/accident, the employee will be tested as soon as possible, but not to exceed 8 hours from the <br />time of the accident for alcohol testing and 32 hours from the time of the accident for drug testing. <br /> <br />Nothing in this section shall be construed to require the delay of necessary medical attention for the injured <br />employee following an accident or to prohibit an employee from leaving the scene of an accident for the period <br />necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. <br />5.3 Positive Test Results <br /> <br />All positive test results shall be reviewed by a Medical Review Officer (MRO) who shall be a licensed physician with <br />knowledge of substance abuse disorders. The MRO shall review and interpret confirmed positive urine test results <br />from the laboratory and shall examine alternative medical explanations for such positive tests. Prior to the MRO’s <br />final decision to verify positive urine drug test results, the employee shall have the opportunity to discuss the results <br />with the MRO. If the employee does not discuss the results of the positive urine drug test with the MRO within 72 <br />hours after being contacted, or refuses the opportunity to do so, the MRO shall proceed with the positive verification. <br /> <br />Section 6 Sample Collection <br />The collection and testing of samples shall be performed only by a laboratory and by a physician or health care <br />professional qualified and authorized to administer and determine the meaning of any test results. <br />The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA). <br />Collection of blood or urine samples shall be conducted in a manner which provides for the highest, reasonable <br />degree of security for the sample and freedom from adulteration. Blood or urine samples will be submitted as per <br />NIDA standards including the recognized chain of custody procedures. Employees have the right for Union <br />representation to be present. Employees shall not be witnessed while submitting a urine specimen. Prior to <br />submitting to a urine or blood sample, the employee will be required to sign a consent and release form as