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<br />Community Workforce Agreement 40 City of Santa Ana <br />ATTACHMENT “E” <br /> <br />SUBSTANCE ABUSE POLICY <br />The Parties recognize the problems which drug and alcohol abuse have created in the construction <br />industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the <br />Parties agree that in order to enhance the safety of the work place and to maintain a drug and <br />alcohol free work environment, individual Contractors may require applicants or employees to <br />undergo drug and alcohol testing. <br /> <br /> 1. It is understood that the use, possession, transfer or sale of illegal drugs, narcotics, <br />or other unlawful substances, as well as being under the influence of alcohol and the possession or <br />consuming alcohol is absolutely prohibited while employees are on the Contractor’s job premises <br />or while working on any jobsite in connection with work performed under the Community <br />Workforce Agreement (“CWA”). <br /> <br /> 2. No Contractor may implement a drug testing program which does not conform in <br />all respects to the provisions of this Policy. <br /> <br /> 3. No Contractor may implement drug testing at any jobsite unless written notice is <br />given to the Union setting forth the location of the jobsite, a description of the project under <br />construction, and the name and telephone number of the Project Work Supervisor. Said notice <br />shall be addressed to the office of each Union signing the CWA. Said notice shall be delivered in <br />person or by registered mail before the implementation of drug testing. Failure to give such notice <br />shall make any drug testing engaged in by the Contractor a violation of the CWA, and the <br />Contractor may not implement any form of drug testing at such jobsite for the following six <br />months. <br /> <br /> 4. An employer who elects to implement drug testing pursuant to this Agreement shall <br />require all employees on the Project Work to be tested. With respect to individuals who become <br />employed on the Project Work subsequent to the proper implementation of this drug testing <br />program, such test shall be administered upon the commencement of employment on the project, <br />whether by referral from a Union Dispatch Office, transfer from another project, or another <br />method. Individuals who were employed on the project prior to the proper implementation of this <br />drug testing program may only be subjected to testing for the reasons set forth in Paragraph 5(f) <br />(1) through 5(f) (3) of this Policy. Refusal to undergo such testing shall be considered sufficient <br />grounds to deny employment on the project. <br /> <br /> 5. The following procedure shall apply to all drug testing: <br /> <br /> a. The Contractor may request urine samples only. The applicant or employee <br />shall not be observed when the urine specimen is given. An applicant or employee, at his or her <br />sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the <br />Contractor shall draw blood from a bargaining unit employee, touch or handle urine specimens, or <br />in any way become involved in the chain of custody of urine or blood specimens. A Union Business <br />Representative, subject to the approval of the individual applicant or employee, shall be permitted