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collective bargaining agreement contract between - Bureau of Indian ...

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Section 15. Drug Testing ProgramA. There will be no additional or supplemental negotiations at the Area/Agency/ Activity levelexcept as provided in Article 34, <strong>of</strong> the Master Agreement.B. If urine sampling is to be conducted <strong>of</strong>f-site, <strong>bargaining</strong> unit employees will be providedtransportation, if necessary, in accordance with applicable travel regulations. A <strong>bargaining</strong> unitemployee selected for random testing will be notified the same day the test is administered,preferably within two (2) hours <strong>of</strong> the actual test.C. If the urine sample is to be provided on-site, where the temperature <strong>of</strong> each sample will be taken,precautions in accordance with Department <strong>of</strong> Health and Human Services (HHS) guidelines willbe taken to guard against tainted samples.D. If a <strong>bargaining</strong> unit employee designated for testing is unable to provide sixty (60) milliliters <strong>of</strong>urine at the time <strong>of</strong> testing, the employee may be retained until the sample is provided. If theemployee is kept past his/her normal tour <strong>of</strong> duty, the employee will be compensated underappropriate laws and regulations.E. If an employee selected for urinalysis wishes to arrange for private testing within twenty-four(24) hours <strong>of</strong> having provided the sample, the employee may request sick, annual, personal, orleave without pay in accordance with applicable laws, regulations, or this Master Agreement.F. A <strong>bargaining</strong> unit employee may request Union representation at any meeting with aManagement representative including the Medical Review Officer (MRO) in discussionsconcerning confirmed positive test results. The employee may, in writing, request review <strong>of</strong> anyrecords relating to his/her drug test in accordance with appropriate HHS Regulations.G. The Union will be given copies <strong>of</strong> sanitized laboratory performance test results as provided tothe Department.H. If the finding is positive, Management will provide information about and access to drugtreatment and rehabilitation programs as described under DOI, HHS, Employee AssistanceProgram guidelines, and this Master Agreement.I. Personnel who will administer the drug tests will meet the criteria, standards or requirements <strong>of</strong>the HHS guidelines.J. Drug Testing will not be used to retaliate against <strong>bargaining</strong> unit employees.K. Employees shall not be required to disclose the legitimate use <strong>of</strong> a specific drug at the outset <strong>of</strong>the program. Employees will have an opportunity to provide medical documentation supportinglegitimate usage upon a confirmed positive test result. Evidence to justify a positive result mayinclude, but is not limited to: a valid prescription or a certificate from the individual’s physicianverifying a valid prescription. The MRO shall have the final determination.34

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