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When an Employee is injured in an accident and/or incident, <br />priority must be given to the Employee's medical treatment <br />before any consideration is given to collecting a specimen for <br />drug and alcohol testing. Such Employees may request that a <br />Union Representative be available or present prior to any action <br />taken by an Employer, if any, at any stage of the policy and its <br />administration. If an Employee is aggrieved by any action taken <br />under this BCRC Policy and his/her complaint cannot be <br />resolved, the complaint may, if the Employee or Union requests, <br />be referred as a grievance under the grievance and arbitration <br />provisions of the Employee's Collective Bargaining Agreement. <br />In the event the matter is referred to arbitration, the arbitrator <br />shall be bound substantively by the provision of this BCRC <br />Policy. There is no stipend for these tests. <br />The following provisions apply to any Post-Accident/Incident <br />Testing of a Reporting Employee (i.e., an Employee who reports <br />the accident or incident), and shall limit and take precedence <br />over any other provisions of this BCRC Policy relating to <br />Post-Accident/Incident Testing. A Contractor Participant shall <br />not refer a Reporting Employee for Post-Accident/Incident <br />Testing unless the Employer has a reasonable basis for believing <br />that drug or alcohol use by the Reporting Employee could have <br />contributed to the injury or illness. The Contractor Participant <br />shall consider the following factors in determining whether or <br />not the Contractor Participant has a reasonable basis for believing <br />that drug or alcohol use by the Reporting Employee could have <br />contributed to the injury or illness: <br />(1) Whether drug or alcohol use could have contributed to <br />the injury or illness; <br />(2) Whether the Employer is also requesting that other <br />employees involved in the accident/incident be tested; <br />(3) Whether the Employer has a heightened interest in <br />determining if drug and/or alcohol use could have <br />contributed to the injury or illness due to the <br />hazardousness of the work being performed when the <br />injury or illness occurred; and <br />(4) All other relevant factors. <br />33 <br />