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National Master Automobile Transporters Agreement For the Period ...

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The Employer agrees to provide where necessary, or required, personal protectiveequipment and devices without cost to <strong>the</strong> employees.Section 14.Substance Abuse Testing and Disciplinary ActionArticle 30The Union and Employer acknowledge <strong>the</strong> enactment of federal regulations regardingmandatory alcohol and drug testing of specified employees in <strong>the</strong> trucking industrywhich provide for testing for <strong>the</strong> misuse of alcohol and <strong>the</strong> use of controlled substancespursuant to detailed protocol and procedures. The Uniform Substance Abuse Policywhich was implemented by each signatory Employer on December 1, 1989, asamended to conform to <strong>the</strong> current federal regulations, is hereby adopted as <strong>the</strong> drugand alcohol testing program for <strong>the</strong> industry. It is agreed that <strong>the</strong> Uniform SubstanceAbuse Policy will be modified in <strong>the</strong> event that fur<strong>the</strong>r federal legislation or Departmentof Transportation regulations provide for revised testing methodologies or requirements.The Employer will not utilize hair or saliva testing methods under this Article unlessmandated by law.In addition to <strong>the</strong> provisions contained in <strong>the</strong> Substance Abuse Policy, <strong>the</strong> followingterms and conditions shall be considered a part of <strong>the</strong> industry’s drug and alcoholtesting program. To <strong>the</strong> extent of any conflict, <strong>the</strong> following terms and conditions shallprevail.A. Reasonable Cause Testing.Whenever <strong>the</strong> Employer has reasonable cause to believe that <strong>the</strong> actions, appearanceor conduct of an employee while on duty are indicative of <strong>the</strong> misuse of alcohol or <strong>the</strong>use of a controlled substance, <strong>the</strong> employee will be required to undergo an alcoholand/or drug test, and will be taken out of service pending results of such test.The conduct of <strong>the</strong> employee must be witnessed by at least two supervisors, if at allfeasible. If only one supervisor is available, only one supervisor need witness <strong>the</strong>conduct. The witnesses must have received training in <strong>the</strong> detection of probable druguse and alcohol misuse by observing a person's behavior. Any witness in such a casewill be required to complete a Supervisor's Report of Conduct, which Report shall beprepared and signed by <strong>the</strong> witness within twenty-four (24) hours of <strong>the</strong> observedbehavior or before <strong>the</strong> results of <strong>the</strong> drug test are released, whichever is earlier. In <strong>the</strong>case of drug tests, <strong>the</strong> Report will be forwarded to <strong>the</strong> Medical Review Officer for reviewand consideration along with any positive test results.75

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