AFSCME Contract - MMB Home - Minnesota Management & Budget

APPENDIX R - DRUG TESTING
1. INTRODUCTION
This drug and alcohol testing policy is the exclusive policy for AFSCME Council 5, AFL-CIO
Bargaining Unit employees including the craft, maintenance and labor unit; service unit; health
care non-professional unit; clerical and office unit; technical unit; and correctional officer unit;
and is limited to drug and alcohol testing required by the U.S. Department of Transportation to
implement the Omnibus Transportation Employee Testing Act of 1991 and relevant U. S.
Department of Transportation regulations.
2. PERSONS SUBJECT TO TESTING
All employees who are required to hold a Commercial Driver's License and a Class A or Class
B License as a condition of employment are subject to testing under applicable sections of this
policy. These employees are subject to random, pre-employment, pre-placement, postaccident,
reasonable suspicion, return-to-duty, and follow-up testing. The specific
requirements for testing are governed by regulations promulgated by the U.S. Department of
Transportation.
New employees and current employees who are appointed to CDL covered positions shall
receive a copy of the Testing Plan within fourteen (14) days of appointment to a CDL covered
position.
All time spent administering an alcohol or controlled substance test, including travel time, will
be paid at the employee's regular rate of pay, or at the appropriate overtime rate, whichever is
applicable. An employee may be removed from work following a positive test result through the
provisions of Article 16 - Discipline and Discharge. The employer shall pay all costs associated
with the administration of alcohol and controlled substance tests. The cost of testing the "split
specimen" at a federally certified laboratory if so requested by the employee shall be borne by
the Employer if such test result is negative. The employee will be responsible for the cost of
testing the "split specimen" if such test result is positive.
3. CIRCUMSTANCES FOR REASONABLE SUSPICION DRUG OR ALCOHOL TESTING
The Appointing Authority shall request or require an employee to undergo drug and alcohol
testing if the Appointing Authority has reasonable suspicion that an employee has violated the
provisions of law and regulation governing alcohol concentration, alcohol possession, on-duty
use, pre-duty use, use following an accident, refusal to submit to a required alcohol or
controlled substance test, controlled substance use, and controlled substance testing.
Reasonable suspicion must be based on specific, contemporaneous, articulable observations
concerning the appearance, behavior, speech or body odors of the driver. The observations
may include indications of the chronic and withdrawal effects of controlled substances.
Observations for alcohol testing must be made during, just preceding, or just after the period of
the work day that the driver is required to be in compliance with the regulations. A driver can
be directed to undergo reasonable suspicion alcohol testing only while the driver is performing
safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just
after the driver is to perform safety-sensitive functions.
A written record shall be made of the observations leading to an alcohol reasonable suspicion
test and shall be signed by the supervisor making the observation.
2013-2015 AFSCME Contract – Page 179