Schedule B
WHEREAS,
the parties have a joint interest in workplace safety and in job performance;
and
WHEREAS,
the parties recognize that illegal drug use/prescription drug and alcohol
abuse create serious problems for workers, their families, the workplace and
the community, that drug/alcohol use and abuse acknowledge no boundaries of
age, race, or socioeconomic status, that punishing the employee will not eradicate
the problem, and that efforts must focus on treatment, education and restoration
of the employee to a meaningful productive life, and
WHEREAS,
the parties recognize that a cooperative and constructive effort is needed
to overcome the impact of drug/alcohol use and abuse on safety, productivity,
quality of work, and morale, and that such a policy must apply to abuses of
alcohol and certain prescribed medicines, as well as illegal drugs, and
WHEREAS,
the parties have zero tolerance for drug pushers and providers or those persons
who are in control of these activities or those who knowingly assist in permitting
such activities by acting as couriers, dispensers, bankers, or as any other
key participant in a drug trafficking operation, and
WHEREAS,
the parties recognize the national concerns related to drug abuse, as demonstrated
by the Drug Free Workplace Act and regulations promulgated pursuant to that
Act by the U. S. Department of Defense and other Federal agencies, and
WHEREAS,
the parties recognize the keys to this effort will be the providing of education,
assistance to employees and their families, encouraging the employees to receive
treatment as needed, fostering and encouraging an environment which is free
of drug/alcohol use and abuse and which deters the use and abuse of drugs/alcohol.
THEREFORE,
in implementing the general principles stated above, the parties agree as
follows:
1.
EDUCATI0N AND TRAINING
A.
Employees are to be advised in writing
of the GKN Aerospace Chem-tronics Inc. Drug and Alcohol Education, Testing
and Rehabilitation Program. Information is provided to cover various aspects
of the Program including the reasons for the Program, benefits for employees
and the Company, Employee Assistance Services ("EAP"), effects of
drugs/alcohol on individuals and their families, and drug/alcohol tests.
B. Management officials, medical professionals, designated
Union officials, supervisors, plant security personnel and other selected
employees are to be trained on the following issues:
(1) Drug/alcohol abuse recognition, symptoms and
effects;
(2)
Methods of visually identifying employees
who may be under the influence of drugs/alcohol;
(3)
Methods of referring employees who might
be suffering from personal problems that could signal possible drug/alcohol
problems to the EAP;
(4)
Procedures related to handling employees
who appear to be under the influence of drugs/alcohol;
(5)
Documenting observations and impressions
of persons who may be under the influence of drugs/alcohol;
(6)
Drug/alcohol testing program, procedures,
and safeguards;
(7)
Benefit programs and alternatives that
are available; and
(8)
Safety aspects of drug/alcohol problems
in both work and social environments.
2.
DRUG AND ALCOHOL TESTING
A.
REASONABLE SUSPICION DRUG AND ALCOHOL
TESTING POLICY
(1)
This policy covers any employee who exhibits
abnormal behavior at an employee's worksite, such as Company owned or leased
property, vendor or customer facilities, or in any vehicle while on Company
business. Following reasonable suspicion
that an employee has exhibited abnormal behavior within the scope of this
policy, the Company may require that employee submit to drug/alcohol testing.
Union steward or plant chairman will be notified immediately.
(2)
Initial suspicion will be followed by
a confirmatory evaluation. Testing
will be administered as soon as practicable following suspicion of drug/alcohol
use or being under the influence.
(3)
The requirements of this policy constitute
conditions of employment and refusal or failure to submit to testing following
an order or instruction will be treated in the same manner as a positive test
result under Section 5 of this program subject to the terms of the grievance
and arbitration provisions of the Articles of Agreement.
(4)
The consequences related to drug/alcohol
use or influence in the workplace or on Company business are set forth in
Section 5 of this program.
(5)
For the purposes of this testing policy,
"abnormal behavior" may include, but is not limited to, sudden,
unexpected changes in physical appearance, difficulty in maintaining balance,
difficulty in speech, gait, engaging in an unsafe practice which endangers
the employee or others, the distinct odor of drugs/alcohol, engaging in physically
aggressive behavior or in unusual emotional behavior such as uncontrollable
laughter or uncontrollable crying.
(6)
When the Company has reasonable suspicion
that an employee is demonstrating signs of abnormal behavior, the employee
shall be escorted to the Company designated offsite medical/testing facility
for evaluation by a medical professional. A management official trained under
provisions of subsection 1.B above shall complete a written report of the
observed signs of impairment.
(a)
If judged appropriate by a medical professional,
after assessment of the employee, tests for drugs/alcohol shall be required.
The employee's visit to the designated testing facility will be conducted
in a manner consistent with any other medical conditions, i.e., privacy, confidentiality
of records.
(b)
A trained management official will determine
whether the employee should be escorted to a Company designated offsite medical/testing
facility for evaluation by a medical professional.
B.
POST‑ACCIDENT DRUG AND ALCOHOL TESTING POLICY
(1)
As soon as possible following a "work-related
accident" the Company will require the employee to submit to drug/alcohol
testing if the employee's action or inaction either contributed to the accident
or cannot be completely discounted as a contributing factor.
No testing will be necessary if the Company determines that the employee's
action or inaction could not have contributed to the work-related accident
using the best information available at the time of the accident. For the purposes of this testing policy, the
following definitions shall apply:
"Work‑related Accident"
is defined as an occurrence arising out of or in the course of employment
in which any person suffers death or serious bodily injury requiring immediate
medical care, or where there is damage to hardware or facilities.
(2)
The Company may require employees involved
in accidents not covered by this subsection to submit to drug/alcohol testing
under the terms of the Reasonable Suspicion Drug and Alcohol Testing Policy.
(3)
An employee covered by this policy who
is injured at the time of the work-related accident shall authorize the Company
to obtain records, reports, and other documents that would indicate the presence
and extent of drugs/alcohol in the employee's system. If the employee is unable to submit to drug/alcohol
testing after the work-related accident, the employee shall authorize testing
of any samples taken by examining or treating medical facilities. If the employee refuses to grant such authorization
outlined above, such refusal will be treated in the same manner as a positive
test result under Section 5 of this program subject to the terms of the grievance
and arbitration provisions of the Articles of Agreement.
(4)
The requirements of this policy constitute
conditions of employment and refusal or failure to submit to testing following
an order or instruction will be treated in the same manner as a positive test
result under Section 5 of this program subject to the terms of the grievance
and arbitration provisions of the Articles of Agreement.
(5)
The consequences related to drug/alcohol
use or being under the influence in the workplace or on Company business are
set forth in Section 5 of this program.
C. RANDOM
DRUG AND ALCOHOL TESTING POLICY
Random drug and alcohol testing will only
apply to jobs where required by law. The
D.
RETURN TO DUTY DRUG AND ALCOHOL TESTING
POLICY
(1) This policy covers any employee who commences
or returns to work after failing a required drug/alcohol test. Such employee shall be subject to unannounced
drug/alcohol testing consistent with the provisions of Section 5 of this program.
(2) The requirements of this policy constitute conditions
of employment and refusal to submit to testing following an order or instruction
will be treated in the same manner as a positive test result under Section
5 of this program subject to the terms of the grievance and arbitration provisions
of the Articles of Agreement.
(3) The
consequences related to drug/alcohol use or being under the influence in the
workplace or on Company business are set forth in Section 5 of this program.
E. REHIRE/REINSTATEMENT DRUG
AND ALCOHOL TESTING
POLICY
(1) This policy requires any employee whose employment
with the Company was terminated and who returns to employment more than ninety
(90) days after such termination to be tested prior to returning to work unless
otherwise agreed to by the parties or as ordered by an arbitrator.
(2) If prior to rehire/reinstatement an employee
has any record of positive drug/alcohol test results while employed by the
Company, these results will be carried forward as positives under this policy.
(3) The requirements of this policy constitute conditions
of employment and refusal or failure to submit to required testing following
an order and instruction will be treated in the same manner as a positive
test result under Section 5 of this program subject to the terms of the grievance
and arbitration provisions of the Articles of Agreement.
(4) The consequences related to drug/alcohol use
or being under the influence in the workplace or on Company business are set
forth in Section 5 of this program.
3. PROCEDURES
FOR DRUG OR ALCOHOL TESTING
A. PRETESTING PROCEDURE
(1)
A representative of the
(2)
Employee Refusal of a Drug/Alcohol Test
‑ An employee's refusal to submit to testing following an order or instruction
will be treated in the same manner as a positive test result under Section
5 of this program subject to the terms of the grievance and arbitration provisions
of the Articles of Agreement.
(3)
Precollection Interviews ‑ Prior
to the administration of an alcohol test and/or the collection of a urine
specimen for drug testing, individuals will be thoroughly interviewed to determine
if there may be any medications (over‑the‑counter or prescription)
or other substances that may have been inhaled, ingested, or injected, which
could result in a positive test. Such information will be considered part of
an employee's medical record and will be treated with the same level of confidentiality.
(4)
Any employee who alters a specimen, submits
a false specimen or assists anyone else to alter or submit a false specimen
will be terminated.
(5)
The President‑Directing Business
Representative or the Assistant Directing Business Representative will have
access to drug/alcohol test results upon obtaining a release from an individual
IAM‑represented employee. In
addition, the President or his/her designee will have access to information
on a "no‑name basis" for all IAM employees and will have access
to such statistical information as number of employees participating in drug/alcohol
referrals to EAP, the number of employees subjected to drug testing, the number
of employees who test positive for drugs/alcohol.
Employees will have the right to obtain copies of their drug/alcohol
test results.
B. TESTING PROCEDURE
(1)
Alcohol Testing - The administration of
an alcohol test shall be in accordance with the test equipment manufacturer's
instructions and the procedures and in accordance with
(2)
Collection Site - Any employee subject
to drug testing must be allowed to provide a split double urine specimen in
private and in an enclosed room. Both sealed specimen bottles will be shipped
to the laboratory.
(3)
Chain of Custody ‑ Collection and
shipment of all samples will follow strict chain of custody procedures documented
in writing. The employee will be given
an opportunity to verify the handling and sealing of their samples at the
collection site.
C. ANALYTICAL LABORATORY PROCEDURE
(1)
Laboratory ‑ The Company will select
only laboratories certified by the National Institute on Drug Abuse for drug
testing. The Company will provide two other laboratory choices if the employee
requests the second portion of the sample tested.
(2)
Confidentiality - The identities of employees
who have tested positive shall be limited to those persons having a "need
to know." Information and records regarding positive drug/alcohol testing
will be considered part of an employee's medical record and will be treated
with the same level of confidentiality.
(3)
Retention of Sample - All urine samples
confirmed positive will be frozen by the testing laboratory and retained for
one year except that where the results of a test are subject to arbitral or
legal challenge, the specimen will be retained until final resolution of such
challenge. Blood samples will be retained in accord with acceptable medical
practices.
D. PROCEDURES FOR RESULT NOTIFICATION
(1)
Notification ‑ A Medical Review
Officer (MRO) reviews and interprets positive test results to assure a scientifically
valid result and to determine whether a legitimate medical explanation could
account for the confirmed positive drug test result. All individuals who test
positive shall be so notified by the Company and given an opportunity to provide
the Company any reasons he/she may have which would explain the positive test.
If the individual provides a reasonable explanation that can be substantiated
to the satisfaction of the MRO, the test result will be reported as negative
to the employee and the employee's supervisor and the record will be retained.
(2)
Employees have the right to have the same
sample drug specimen retested within seventy‑two (72) hours of the employee's
notification of test result at the same lab at their expense, or to have the
second split specimen tested at their expense at another laboratory in accordance
with paragraph 3(C) (1) above. Should the outcome of the tests differ, the
negative test will be assumed correct and the employee will be reimbursed
for the actual cost of the negative test.
(3)
Drug Test Results ‑ All positive
test results and records will become a part of the employee's medical records.
Negative test results will be retained only if the employee has also had a
prior positive test result.
(4)
The Company is responsible for the actions
of its employees and agents, including the MRO and the laboratories used in
the administration of this program. The Company shall hold the
4. DEFINITIONS
A.
Alcohol ‑ A colorless, volatile,
and flammable liquid that is the intoxicating agent in fermented and distilled
liquors. Includes, but is not limited to, beer, wine and liquor.
B.
Alcohol Test ‑ A scientifically
valid test utilizing detectors to determine the percent (%) blood alcohol
content. The test is non‑invasive and requires the test subject to exhale
into the detector chamber. If employee requests, a scientifically valid method
utilizing a measurement of an actual sample of blood of employee to determine
a percent of blood alcohol present will be used.
C. A Positive Test for Alcohol or Drugs ‑
Means to have the presence of alcohol, a drug or a drug metabolite in an employee's
system as determined by appropriate testing of a bodily specimen that is equal
to or greater than the levels specified below for the confirmation test. This
shall be referred to as a "positive level," "prohibitive level,"
or "positive screen."
The
presence of any of the below listed drugs in an amount equal to or greater
than what is identified constitutes a positive drug test:
| |
|
Initial Test Levels |
Confirmation Test Levels |
| 1 |
Alcohol |
0.04% |
0.04% * |
|
2 |
Marijuana metabolite |
100 ng/ml |
15 ng/ml ** |
|
3 |
Cocaine metabolite(s) |
300 ng/ml |
150 ng/ml *** |
|
4 |
Opiates |
300 ng/ml |
300 ng/ml |
|
5 |
Phencyclidine (PCP) |
25 ng/ml |
25 ng/ml |
| 6 |
Amphetamine and/or methamphetamine |
1000 ng/ml |
500 ng/ml |
| *
Percent blood alcohol content **
Delta-9-tetrahydrocannabinol-carboxylic acid *** Benzoylecgonine, ecgonine methyl
ester, and/or ecgonine |
|||
D. Drug Test ‑ A multiple step urine test enzyme multiplier immunoassay
test screening method (EMIT) screening method and a confirmation by use of
Gas Chromatography and Mass Spectrometry
(GC/MS).
E. Drug ‑ Means a controlled substance as defined by Section
802 (8) of Title 21 of the United States Code, the possession of which is
unlawful under Chapter 13 of that Title: marijuana, cocaine, opiates, phencyclidine
(PCP), amphetamine and/or methamphetamine.
F. Medical Review Officer ‑ A physician knowledgeable in the
medical use of prescription drugs and the pharmacology and toxicology of illicit
drugs. MRO will be reviewed on an annual basis upon request by either party.
5. PROCEDURES
FOLLOWING TESTS FOR DRUGS OR ALC0HOL
A.
The following procedures describe the
rehabilitation opportunities and consequences which shall apply to employees
who test positive for the presence of drugs/alcohol under the following Drug
Testing Policies:
(1)
Pre‑Employment
(2)
Reasonable Suspicion
(3)
Post‑Accident
(4)
Random
(5)
Return to Duty
(6) Rehire/Reinstatement
B. Employees who have been tested under the Reasonable Suspicion and
Post‑Accident policies will be suspended, without pay, pending receipt
of test results. Employees testing under the Random policy shall not be suspended
pending receipt of test results. Suspended employees who test negative for
the presence of drugs/alcohol will be reimbursed for straight time and overtime
wages lost by virtue of their removal from service. The parties agree that
when an employee has violated Company rules other than those relating to drug/alcohol
use that the Company may impose appropriate discipline for those rule violations.
C. Employee discipline and/or discharge under this section are subject
to the grievance and arbitration provisions of the labor Agreement.
6. LEAVE
OF ABSENCE
In
the event that an employee enters a drug/alcohol treatment program, the employee
will be granted such leave of absence as is necessary to allow the employee
to complete the rehabilitation program in accordance with Article VII of the
Articles of Agreement.
7. FIRST
POSITIVE TEST RESULT
(1)
Following notice of an individual's initial
positive drug/alcohol test result under any of the listed policies, the employee's
suspension, without pay, will be initiated or continued for a minimum of ten
(10) working days. The time lost due to removal from service pending receipt
of test results under Reasonable Suspicion and Post‑Accident policies
shall be applied against the suspension. The employee will be made aware of
the Company EAP and will be encouraged to use the services of the program.
(2)
If the employee selects the option of
using the Company EAP services after a positive drug/alcohol test, the use
of such services shall be considered as a management‑referred entry
rather than a self‑referred entry. This would result in the referral
being termed "Adverse Information" which must be reported to the
government for employees holding security clearances.
(3)
The employee will not be allowed to return
to active employment until a negative test result is obtained from a Company‑directed
drug/alcohol test, given no later than sixty (60) days from the date of receipt
by the Company of the initial positive test.
(4)
Employees who fail to make themselves
available for retesting within this sixty (60)-day period shall be deemed
to have resigned their employment from the Company. Employees who retest in
this sixty (60) day period and test positive again will fall under subsection
5.G, below, describing the second positive test result except as set out in
paragraph 5.F (5) below.
(5)
After receipt by the Company of a negative
drug/alcohol test result, the employee may return to active employment, subject
to the following condition:
Employee will
be subject to four (4) unannounced drug/alcohol tests during the twelve (12)
months after the employee returns to work.
If an employee tests between .040 ‑ .059 for alcohol on his/her
first positive test, the employee will not be given a disciplinary suspension
but the test will be considered as a positive test under this program and
the employee will be sent home for the remainder of the shift. Employees testing
.06 or greater will be given a disciplinary suspension in accordance with
this policy.
If
an employee tests positive a second time under this policy, the employee will
be terminated.
9. CONFORMITY
TO LAW
In
the event this Agreement is in violation of any applicable law, the parties
will negotiate such changes as are necessary to conform this Agreement to
such law. Additionally, the parties agree that this Agreement shall not diminish
the rights of individual employees under state and federal law.