BARGAINING UNIT 6 CORRECTIONS - California Correctional ...

9. CCPOA may submit a list of commercial laboratories for the State to consider in
developing its "bid package" for testing services. Such submissions must meet
standards used by NIDA, the College of American Pathologists, or other
comparable standards to accredit laboratories for forensic urine testing. Such
submissions shall in no way obligate the State to select such laboratories to
perform testing services.
10. The State shall use the commercial laboratories selected or otherwise approved by
the Department of Personnel Administration. CCPOA shall be notified of the
laboratory selected to perform the testing changes.
A. Employee Rights. (Ref. DPA Rule 599.964)
1. In addition to the rights specified in DPA Rule 599.964, employees shall
be entitled to representation during the sample collection process. A
representative shall in no way interfere with the sample collection process.
CCPOA will provide timely representation upon request.
2. DPA Rules 599.960 through 599.966 and this supplement shall be mailed
to current employees at the time of final implementation. These rules shall
also be made available upon request, but such request shall not be deemed
to require a delay in the testing process. They will be provided to new
hires within the first three weeks at the Academy or the first week of
employment at the work location, whichever is first.
3. For purposes of requiring an employee to submit to periodic testing as a
condition of remaining or returning to State employment (refer to
paragraph c. of State's proposed 599.960), the State agrees to develop
guidelines for "return to work agreements" which specify the conditions
under which an employee may remain in his or her employment.
Conditions appropriate for these return to work guidelines include but are
not limited to:
a. Periodic testing for substance abuse during the period of
the return to work agreement, during which the employee
must test negative at all times;
b. Reasonable suspicion testing for substance abuse during the return to work
agreement under the terms of the general policy;
c. Requirement that the employee participate in a substance abuse rehabilitation
program at the employee's expense;
d. Termination of the employee if its conditions are violated.
Placing an employee on such "Return to
Work Agreement"
shall not preclude adverse action short of termination.
(See Appendix Item #6 and Sideletter #3)