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VI.
<br />expense, been evaluated by an accredited SAP, successfully completed an
<br />SAP recommended rehabilitation program rind the SAP has wrilten a letter
<br />releasing the person to return to work and the ICE SAT Program, Union and
<br />Employer have received the results of o "5-panel US DOT' approved test, a
<br />copy ofthe letter written by the SAP and a copy of the rehabilitation program
<br />successful completion letter, taken at an approved clinic, analyzed by a
<br />SAMHSA certified laboratory and die lest results must have been reviewed by
<br />an MRO and certified as being negative for the prohibited items amucr
<br />substances listed in IV.I.b.
<br />c Sporadic Testing of Reinstated Employees: A reinstated employee, rho has
<br />previously tested positive, is subject to unscheduled sporadic testing for one
<br />year from the date of reinslatement- Cost ofsuch testing will he paid for by
<br />the ICI SAT Program,
<br />7. Third and Additional Positive Test Ilcsults, The provisions below apply to an
<br />employee, who tests positive three or more times pursuant to such random testing,
<br />sporadic testing or any other testing under this policy:
<br />a Consequence forThird and Additional Positive Test Results: The employee is
<br />subject to immediate termination upon notice to the Employer by the MRO, of
<br />The posilive lest result and he will not he eligible for reinstatement for a period
<br />of six (6) months from date of the positive lest.
<br />b. Reinstatement: Employee is not eligible for vvork until lie has, at his own
<br />expense, been evaluated by an accredited SAP, successfully completed a SAP
<br />recommended rehabilitation program and die SAP has written a Seller
<br />releasing the person to retum to work and the ICI SAT Program the Union
<br />and Employer have received the results ofn "5-pancl US DOT" approved test,
<br />taken at an approved clinic, analyzed by a SAMHSA cerified laboratory, and
<br />the lest results must have been reviewed by an MRO and ceniftcd as being
<br />negative for the prohibited items andlorsubstancts listed in IV.I.b.
<br />e Sporadic Testing; A reinstated employee, who has previously tested positive
<br />three (3) or more times, is subject to unscheduled sporadic testing for Iwo (2)
<br />years front the dale of reinslatement Cost o€such testing will be paid for by
<br />the ICI SAT Program
<br />C. PRESCRIPTION DRUGS —Employees using a prescribed medication which may
<br />impair the performance of job duties, either mental or motor Functions, must
<br />immediately interns their supmisor of such prescription drug use. For die safely of
<br />all employees, the Employer sill consult with lite employee to delemune if a
<br />reassignment of duties is necessary. Ire reassignment is not possible, the employee
<br />will be relieved of duties until released as fit for duty by the prescribing physician, at
<br />which little the employee shall be reinstated to his former employment status if work
<br />for +which he is qualified is available at that lime.
<br />Ef the employcc is tested and the lest is positive, and the employee has not previously
<br />informed the Employer of the use of prescription drabs, the employee may, be
<br />in IV.2. The test result of the split sample must be released to the Employer within a
<br />maximum of five (5) working days. If the split sample test result is negative, the
<br />employee may be returned to work on the sane job site providing work for which he
<br />is qualified is still uvailnblc. Any employee who successfully challenges the
<br />accuracy are positive lest result shall be reimbursed rorhis cost for die second testing
<br />and any lime loss from work um p to a maximuof five (3) workdays. If the split
<br />sample tests positive, then the employee shall be subject to immediate temunatior
<br />Drug and alcohol testing Will be conducted by an accredited laboratory, and may
<br />consist of either blood or urine tests, or both, as required. Blood tests (for drugs
<br />and alcohol) will be utilized for post -accident investigation only if a urine or
<br />breathalyzer lest cannot be administered.
<br />A. An ICI SAT identi ficalion card will be issued to each person who tests negative in a
<br />Valid Icst. The card will conlaln the Applicant's name, photo and a unique ECI SAT
<br />database Edeatification number, The ICI SAT- card will be valid unlil the employee
<br />tests positive - The employee shall cam' their valid ICI SAT card whenever lhev are
<br />oil a job. Failure to produce the ICI SAT cord on request by the Employer or their
<br />agent may cause the employee to be suspended fatal the card is presented or until it is
<br />verified by the testing agency that the employee's last test was negative. Replacement
<br />of a lost or danmaged ICI SAT card shall he at the employee's expense.
<br />B. New hires, with an ICI SAT ideatiLealion card. Iran Applicant has a valid employee
<br />ICI SAT card they will present the card for pholocopying to the prospective
<br />Employer when they present themselves for employment. The Employer shall lun e
<br />the right to further validate the ICE SAT card by contacting tie agency responsible for
<br />insuring the employee's ICE SAT card is presently valid. The Applicant Will be placed
<br />on the payroll and put to work pending receipt of the result of the inquiry,
<br />Employment shall be probationary and continued employment of'16 individual shad€
<br />be eoalEngent upon the validity of the employee's ICI SAT card being verified, The
<br />Employer shot] have three days to validate the ICI SAT crud_ If the ICI SAT card is
<br />invalid die employee will have no right to continued employment and may he
<br />terminated_
<br />C. New hires, without an ICE SAT card. If the Applicant does not have a valid ICE SAT
<br />card, employment site][ be probationary and continued employment shall be
<br />contingent upon successful passage of the drug and alcohol test.
<br />D. When tested for why reason, the employee Will surrender the ICI SAT card to lite
<br />testing agent. If the test is negative, the emptoyee's valid ICI SAT card hill be sent to
<br />the employee. If the test is positive, the ICE SAT card Will not be returned,
<br />VIE, REHABILITATION AND EMPLOYEE ASSISTANCE PROGRAM.
<br />suspended for two reeks and is subject to unscheduled sporadic testing for six
<br />months.
<br />D, GRIEVANCE —Ali aspects ofthis program shall be subject to the grievance
<br />procedure spelled out in die Collective Bargaining Agreement.
<br />V. I)MGIALCOROL TESTING
<br />The parties to this program agree dial under certain circumstances the Employer nil! find
<br />that it is necessary for testing to be conducted for prohibited items a»dlor substances
<br />pursoant to the fcIlo+ving procedures_
<br />A, A pre -employment drug and alcohol test may be administered to all Applicants
<br />ividwut a valid ICI SAT identification card. The Applicant will be placed on the
<br />payroll Find put to work pending receipt of the drug and alcohol test. Such
<br />employment shall be probationary in die sense that continued employment of the
<br />individual shall be contingent upon successful passage of the drug and alcohol lest.
<br />B. All employees shrill be subject to random testing.
<br />C. A lest may be administered in the event there is probable cause to believe that the
<br />employee has reported to work under the influence of a prohibited item and/or
<br />substance, or is or has been under the influence of a prohibited item and/or substance
<br />While on the job; or the employee has violated this drug program, During the process
<br />of establishing probable cause for testing, the employee has the right to request big
<br />on -site steward to be present, if avotabie,
<br />D. Testing may be required if an employee is involved in a work place accident/incident
<br />or injury.
<br />E, Employees may also be tested on a voluntary basis.
<br />F. Sporadic testing as provided for in IV.2. may be required as part of a follow-up to
<br />counseling or rehabilitation for substance abuse, For up to a two (2)-year period. Each
<br />Applicant or employee to be tested will be required to sign a consent and chain of
<br />custody form, assuring proper documentation and accuracy. ]fan Applicant or
<br />employee refuses to sign a consent Form authorizing the test, ongoing employment by
<br />tilt Employer will be terminated,
<br />The employee shall be paid for the lime lost for the following tests to be conducted,
<br />only ifthe test results are negative, Random, Post Accident, Incident, and Probable
<br />Cause.
<br />The Employer Will permit the employee who is required to lake a drug lest to obtain a
<br />"split sample;' and the employee may request the laboratory to send the "split
<br />sample" to an accredited laboratory of his choosing, at his osm expense, as described
<br />Employees are encouraged to seek help for a drug or alcohol probEcnt before it
<br />deteriorates into a disciplinary matter. If an employee voluntarily notifies supervision that
<br />he may have a substance abuse problem, the Employer may assist in Ieealing a suitable
<br />SAP and rehabilitation program for treatment. The Employer nil€ inform the employee
<br />that medical benefits maybe available trader the Health and Welfare Program, For
<br />benefit information, within Indiana, call 1-S1AI-962-3158.
<br />If treatment necessitates lime away from work, the Employer may provide for the
<br />employee an unpaid leave of absence for purposes of participation in an agreed upon
<br />Ireatment prograrm An employee who successfully completes a rehabilitation program
<br />may be reinstated to ]us former employment status, if work for which he is qualified is
<br />available al that time. Employees returning to work aRcr successfully completing the
<br />rehabilitation progrant will be subject to drug tests without prior notice For a period of
<br />one year. A positive last will Then result in disciplinan• action as previously outlined in
<br />this program_
<br />VIII. COST
<br />Except as previously noted the costs ruffle tests assecialed With the program will be paid
<br />for by the Employer. The cost of a retiabilitalion program and consultation with a SAP
<br />silt be tlme responsibility of the enmployee,
<br />IX, SUtiSTANC); ABUSE TESTING PROGRAM,
<br />A. Each employer agrees to pay to die Indiana Constructors, Inc. Substance Abuse
<br />Testing Program ("ICE SAT') thnc 1S0.03) cents for each hour worked by each
<br />employee working under this Agreement, Each Employer wfiie participates in the
<br />ICI SAT Program is strongly encouraged to contribute to The Indiana Constructors
<br />Indwinr Advancement Fund (ICIAF),
<br />B. The canribution to the ICI SAT Program shall be deposited each month, or at regular
<br />intervals as tiny be determined by the ICI SAT Progrant, to die depositor, designated
<br />by the ICI SAT Program and such contributions shall be reported on such Forms as
<br />may be designated by the ICI SAT Program.
<br />C. The activities shall be determined by the ICE SAT Program and shall be financed
<br />Front tie payments provided for herein. The Employer expressly ratifies and adopts
<br />the ICI SAT policy. By execution of this Agreement, lite Employer ratifies all actions
<br />taken by the ICE SAT Program Within the scope of its nutrorily.
<br />This Substance Abuse Testing Program has been ratified, signed and scaled as of
<br />bythe
<br />Negotiating Committee, Labor Relations Division of Indinna Constructors, Inc
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