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Agenda Packet_2026-05-19
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Agenda Packet_2026-05-19
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EXHIBIT 2 <br /> to accompany the applicant or employee to the collection facility to observe the collection, <br /> bottling, and sealing of the specimen. <br /> b. The testing shall be done by a laboratory approved by the Substance Abuse <br /> &Mental Health Services Administration(SAMHSA), which is chosen by the Contractor and the <br /> Union. <br /> C. An initial test shall be performed using the Enzyme Multiplied <br /> Immunoassay Technique (EMIT). In the event a question or positive result arises from the initial <br /> test, a confirmation test must be, utilized before action can be taken against the applicant or <br /> employee. The confirmation test will be by Gas Chromatography Mass Spectrometry (CC/MS). <br /> Cutoff levels for both the initial test and confirmation test will be those established by the <br /> SAMHSA. Should these SAMHSA levels be changed during the course of this agreement or new <br /> testing procedures are approved,then these new regulations will be deemed as part of this existing <br /> agreement. Confirmed positive samples will be retained by the testing laboratory in secured long- <br /> term frozen storage for a minimum of one year. Handling and transportation of each sample must <br /> be documented through strict chain of custody procedures. <br /> d. In the event of a confirmed positive test result the applicant or employee <br /> may request, within forty-eight (48) hours, a sample of his/her specimen from the testing <br /> laboratory for purposes of a second test to be performed at a second laboratory, designated by the <br /> Union and approved by SAIVIHSA. The retest must be performed within ten (10) days of the <br /> request. Chain of custody for this sample shall be maintained by the Contractor between the <br /> original testing laboratory and the Union's designated laboratory. Retesting shall be performed at <br /> the applicant's or employee's expense. In the event of conflicting test results the Contractor may <br /> require athird test, <br /> i <br /> I <br /> e. If, as a result of the above testing procedure, it is determined that an <br /> applicant or employee has tested positive, this shall be considered sufficient grounds to deny the <br /> applicant or employee his/her employment on the project Work, <br /> i <br /> f: No individual who tests negative for drugs or alcohol pursuant to the above <br /> procedure and becomes employed on the Project Work shall again be subjected to drug testing 1 <br /> with the following exceptions. <br /> 1. Employees who are involved in industrial accidents resulting in <br /> damage to plant, property or equipment or injury to him/herself or others may be tested pursuant 'I <br /> to the procedures stated hereianabove. <br /> 2. The Contractor may test employees following thirty (30) days <br /> advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the <br /> applicable Union shall be as set forth in Paragraph 3 above and such testing shall be pursuant to <br /> the procedures stated hereinabovc. <br /> 3. The Contractor may test an employee where the Contractor has <br /> reasonable cause to believe that the employee is impaired fiom performing his/her job. Reasonable <br /> Community Workforce Agreement 41 City of Santa Ana <br /> City Council 16 — 253 5/19/2026 <br />
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