1 HEAT AND FROST INSULATORS AND ALLIED WORKERS LOCAL 45 JOINT APPRENTICESHIP AND TRAINING COMMITTEE I. PURPOSE DRUG-FREE SUBSTANCE ABUSE POLICY AND PROCEDURE The purpose of this Substance Abuse Policy (hereinafter "Policy") established by the Heat and Frost Insulators and Allied Workers Local 45 Joint Apprenticeship and Training Committee (hereinafter "Apprenticeship Committee") and contractors working in the jurisdiction of Heat and Frost Insulators and Allied Workers Local No. 45 (hereinafter "Union") is to provide a safe workplace and classroom environment and to set forth certain procedures and guidelines to achieve a drug-free workplace and classroom and to establish programs promoting high standards of health and safety. This Policy, effective March 3, 2009, is to provide guidelines for all concerned regarding testing for substance use and abuse, and to provide practical procedures for its administration. The specific purposes of the Policy as set forth below are to: l. Send a clear message that illegal drug use or involvement is incompatible with the Apprenticeship Program. 2. Establish and maintain a safe, healthy working environment. 3. Ensure the good reputation of the Apprenticeship Program and Apprentices within the community and industry at large. 4. Reduce the potential for workplace accidental injuries and damage. 5. Reduce absenteeism, tardiness and improve productivity. 6. Promote an Apprentice s welfare and encourage recovery for those with a chemical dependency problem. II. RULES: The following rules are effective as of March 3, 2009, and will be enforced uniformly with respect to all apprentices: l. All Apprentices are prohibited from being under the influence of alcohol and/ or drugs during working hours and while attending classroom instruction. 2. The sale, possession, use, transfer or purchase of illegal drugs on Apprenticeship property or while under the supervision of the Apprenticeship Program is strictly prohibited. Any knowledge of such action will be reported to tl1e appropriate law enforcement officials.
2 3. The use, sale, or possession of an illegal drug or controlled substance while on duty or on Apprenticeship property is sufficient cause for termination from the Apprenticeship Program. 4. Any Apprentice who commits an unlawful act, on or off the premises, or engages in other conduct that discredits the Apprenticeship Program in any way and is associated with matters of substance abuse, may be subject to discipline up to and including termination from the Apprenticeship Program. 5. No alcoholic beverages will be brought or consumed on Apprenticeship, Union and/ or Empl0yers premises except in connection with authorized events. 6. No prescription drug will be brought on Apprenticeship Committee s and/ or the employer s premises or work site by any person other than the individual for whom it is prescribed. Such drugs will only be used in the manner, combination and quantity prescribed. 7. For the purpose of this Policy, an "a1coholic beverage" is any beverage that has alcohol content in excess of.04% by volume. 8. For the purpose of this Policy, drugs mean any substance other than alcohol capable of altering an individual s mood, perception, consciousness, pain level or judgment. A prescription any substance prescribed for individual consumption by a licenses medical practitioner. An illegal drug is any drug or controlled substance the sale or consumption of which is illegal. 9. A specimen result that is reported as dilute, unsuitable, or cancelled will be treated as a positive test result. 10. If an apprentice or applicant is taking medication it is in the individual s responsibility to inform the appropriate persons the medication being taken and the reasons for taking medication prior to providing the sample. III. DEFENITIONS: 1. "Accident" or "Incident" means any event resulting in injury to a person or property to which an apprentice contributed as a direct or indirect cause. 2. "Applicant" means an individual who has applied to the Apprenticeship Program. 3. Apprentice(s)" means pre-apprentice and/ or an apprentice who is indentured to the Apprenticeship Program. 4. "Apprenticeship Committee or "Committee" means the H eat and Frost Insulators and Allied Workers Local 45 joint Apprenticeship and Training Committee.
3 5. "Apprenticeship Program" or Apprenticeship" means the Apprenticeship Program formed by the Heat and Frost Insulators and Allied Workers Local 45 Joint Apprenticeship and Training Committee and/or its successor. 6. Designated Apprenticeship Representative," (DAR) means one or more individuals and/ or entities designated by the Apprenticeship Committee to perform certain functions in accordance with this Policy. 7. "Employer" means any entity who employees an Apprentice who is indentured to the Apprenticeship Committee. 8. Illegal Drug", means any dangerous, addictive or behavior influencing drug or controlled substance, in the following five classes of drugs: Marijuana Metabolites, Cocaine Metabolites, Opiate Metabolites, Phencyclidine, and Amphetamines. 9. Medical Review Officer (MRO) means a qualified medical officer who has experience or training in substance abuse disorders and is qualified to review laboratory results. 10. "Policy" means the Heat and Frost Insulators and Allied Workers Local 45 Joint Apprenticeship and Training Committee s Substance Abuse Policy and Procedure. 11. "Probable Cause" means those circumstances, based on objective evidence about the employee s or apprentice s conduct in the workplace that would cause a reasonable person to believe that the worker is demonstrating signs of impairment due to alcohol or other drugs. 12. Refusal to Take a Test" or "Refuses to Take a Test" means that an individual failed to cooperate with any part of the testing process or to provide a sufficient amount of urine within a three (3) hour time period when directed, for any drug test required by this Policy. An individual Ruled to cooperate with any part of the testing process if they fail to report to the testing area as directed, refuse to empty pockets when so directed by the collector, behave in a _ confrontational way that disrupts tl1e collection process, introduces a substituted or altered specimen. A Refusal to take a Test shall be treated as if the test were a positive test result. 13. "Substance Abuse-:" means the misuse or illicit use of illegal drugs including, but not limited to, heroin, marijuana, crystal methamphetamine, lysergic acid diethylamide (LSD), amphetamines, barbiturates, or cocaine, including the unauthorized use or misuse of prescription drugs and/ or being under the influence of alcohol while participating in or applying to the Apprenticeship Program. 14. "Verified Positive Test Results" means a test result that was positive on the initial physical test (EMIT immunoassay), confirmed by a gas chromatograph/mass spectrometry assay, and reviewed and verified by the MRO after having afforded the individual tested an opportunity to justify a positive test result. IV. APPLICANT TESTING
4 1. All Applicants who are extended a conditional offer for employment or apprenticeship will he required to take and successfully complete a screening for substance abuse before beginning to work. The drug test shall be required of all Applicants who have been offered a position as an Apprentice and shall be completed before he/ she begins any participation in the Apprenticeship Program, whether classroom instruction or on-the-job training. 2. In the event an Applicant is placed on a job in advance of their scheduled substance abuse screening, the same rules and provisions as set forth below shall apply equally in terms of the need to successfully complete a substance abuse screening. 3. The Apprenticeship Committee s substance abuse screening program is a comprehensive one and consists of two parts. The first part is a short questionnaire administered by a Designated Apprenticeship Representative that all Applicants who are extended a conditional offer for employment or apprenticeship are required to complete. Second, a certain portion of prospective new apprentices will also be asked to complete a physical evidence test, in this case, a urinalysis screen. 4. An Applicant who refuses to Take a Test or does not complete or successfully pass the physical screening required to start employment will forfeit his or her position in the Apprenticeship Program and will be dropped from any further active consideration. V. APPRENTICE TESTING l. Apprentice Testing. The Apprenticeship Committee members, the Apprentice Coordinator and/ or other competent person designated by the Committee may require an Apprentice to submit to drug and alcohol testing when there is Probable Cause to believe a person is under the influence of a drug or alcohol. A drug or alcohol test may be required if an Apprentice is involved in an Accident or Incident or if there is an injury during classroom instruction or on-the-job training. VI. ASSISTANCE PROGRAM 1. Any apprentice who feels that he or she has developed an addiction to, dependence upon or problem with alcohol or drugs, legal or illegal, is encouraged to seek assistance, and may do so without fear of disciplinary actions against him. Assistance may be sought by writing in confidence to, or asking for a personal appointment with an Organization recommended by the Apprenticeship Committee. 2. Each request for assistance will be treated as confidential and shall not be released to the public. 3. The Committee will be responsible for developing contacts with local hospitals and community organizations offering alcohol or drug treatment programs (e.g., care units, Alcoholics Anonymous, Narcotics Anonymous, community health centers, etc.) ("Organizations ) and for referring apprentices seeking assistance to an appropriate Organization.
5 4. Rehabilitation (treatment and prescribed follow-up care) itself is the responsibility of the Apprentice. If applicable, any Apprentice seeking professional or medical attention for alcoholism or drug addiction will be entitled to benefits under the group medical insurance plan referred to in the collective bargaining agreement on the basis and with the same restrictions and limits as set forth in the collective bargaining agreement and plan documents. For Apprentices enrolled in a formal treatment program, the Committee will grant a rehabilitation leave. An Apprentice is only entitled to one (1) such leave during the period of his or her Apprenticeship. If an Apprentice tests positive for a second time or seeks a second leave of absence during his or her Apprenticeship, the Apprentice shall be terminated from the Apprenticeship Program. 5. Once an Apprentice successfully completes rehabilitation (treatment and prescribed follow-up care), he or she shall be returned to his or her regular duty assignment without reduction of pay. Employment and reassignment during treatment shall be based on each Apprentice s circumstances. lf follow-up care is prescribed after treatment, this may be a condition of continued participation in the Apprenticeship Program. VII. CONSENT AND RELEASE 1. Before undergoing testing, the Applicant or Apprentice, must read and sign a Drug/Alcohol Analysis Consent and Release. If an Apprentice refuses to sign the Consent and Release, that refusal will be treated as a positive drug test and the individual will be subject to discipline up to and including termination. Applicants who refuse to sign the Consent and Release will be denied acceptance into the Apprenticeship Program. VIII. REFUSAL TO TEST. 1. An Applicant who Refuses to Take a Test or refuses to cooperate in the testing procedure will be denied acceptance into the Apprenticeship Program. If an Apprentice Refuses to Take a Test or refuses to cooperate in the testing procedure, it will be considered a positive test and will subject the Apprentice to discipline up to and including termination. IX. TAKING TEST. l. Once an Apprentice is notified to take a drug or alcohol test, an individual listed in Section V above shall immediately accompany the selected Apprentice to a testing facility. If the testis not taken, the Apprentice will be considered to have tested positive and will be subject to discipline up to and including discharge. Applicants who do not take the test as described herein will be denied acceptance into the Apprenticeship Program. X. TEST APPEALS. 1. Apprentices wishing to contest the results of a verified positive drug test may have the original sample independently re tested at his or her own expense at a laboratory of his or her `choice. The Apprentice or Applicant has twenty-four (24) hours from the date he or she receives notice from the DAR that he or she has failed to pass the mandatory drug test. The Apprentice or
6 Applicant must notify the DAR in writing, that a re-test is requested. The DAR will provide the Apprentice or Applicant with the MRO s name and phone number. The laboratory must meet the testing standards developed by the Substance Abuse and Mental Health Services Administration (SAMHSA). If the retest results are negative, i.e., the Apprentice or Applicant has passed the substance abuse screening, the retest costs will be returned to the Apprentice or Applicant in seven (7) business days by the Apprenticeship Committee. XI. POSITIVE TEST RESULT. l. Any Apprentice who tests greater than 0.02 percent blood alcohol content on an alcohol breathalyzer test or tests positive for any illegal drug shall be afforded an opportunity to participate in a chemical dependency treatment program at the individual s own expense, provided that the individual enters such program within ten (10) days of a positive test result. An Apprentice who chooses not to do so or fails to fully cooperate with and successfully complete said program shall be immediately terminated from the Apprenticeship Program. An Apprentice who tests positive pursuant to customer, owner or employer mandated drug or alcohol test that is conducted with the proper safe guards shall be considered having tested positive for purposes of this Policy. 2. Union and Employer Held Harmless. This Policy is solely initiated at the behest of the Committee. The Committee shall be solely liable for any legal obligations and costs arising out of the provisions and/ or application of this drug testing. The Union and Employer shall be held harmless for the violation of any workers rights arising from the administration of this Policy. XII. CONFLICT 1. The provisions of this Substance Abuse Policy and Procedure shall not apply to the extent that it is inconsistent with State or Federal Law or to the extent that it is inconsistent with the current Northwest Ohio Great Lakes Construction Alliance Substance Abuse Policy. XIII. TESTING AFTER RETURN. 1. Upon return from successful completion of a chemical dependency treatment program, an Apprentice is subject to future testing with or without probable cause for the remaining period of time the individual remains an Apprentice. 2. Any person under this Policy who is enrolled in a chemical dependency treatment program as set forth above must authorize said program to provide the Apprenticeship Committee or its representative(s) any and all information that may be requested regarding the person s diagnosis or treatment and the person's progress or completion in said program. 3. Any person under this Policy who is enrolled in a chemical dependency treatment program as set forth above must, at a minimum, attend educational sessions, the number and duration of which will be determined in consultation with the counselor. Further, he or she must attend whatever additional programming or treatment is determined necessary in consultation with the chemical dependency treatment program.
7 4. Once a person has completed a chemical dependency treatment program, he or she must, as a condition of continued participation and/ or employment in the Apprenticeship Program, provide the Apprenticeship Committee written verification of successful completion of the program by the counselor or rehabilitation center. XIV. FOLLOW-UP TESTING. l. An Apprentice who completes a chemical dependency treatment program shall be subject to follow-up testing at any time. lf any such follow-up test shows a positive result, an Apprentice will be immediately terminated from the Apprenticeship Program. XV. TESTING PROCEDURE. 1. Substance abuse testing will include an initial screening test and a confirmatory test using the Gas Chromatography/ Mass Spectrometry (GC/MS) method. XVI. URINALYSIS SCREENING 1. The urinalysis specimens will be given at a designated collection site or medical facility. Specimens will be processed at a certified SAMHSA (the Substance Abuse and Mental Health Services Administration) Laboratory. 2. If an Applicant s or Apprentice s initial physical drug test result is negative, no further testing will be conducted on that Applicant or Apprentice. If the Applicant s or Apprentice s initial physical drug test is positive, a confirmatory test will be performed using the previously taken sample. If an Applicant s or Apprentice s confirmatory drug test is negative, no further testing will be conducted. If an Applicants or Apprentice s initial and confirmatory drug test results are positive, the Applicant or Apprentice will be contacted on a confidential basis by the Medical Review Officer (MRO) to afford the individual tested an opportunity to justify a positive test result. If the MRO determines the confirmatory test results are negative, the test results will be reported to the DAR and no further drug test will be conducted on that Applicant or Apprentice. If the MRO determines the confirmatory test result is positive, the test result will be reported to the DAR, who will notify the Applicant or Apprentice. Consequences: An Applicant with a positive test result will be dropped from further consideration. Consequences: An Apprentice with a positive must immediately follow the procedures of Article IV- Assistance Program and successfully complete an appropriate Assistance Program. 3. The following table indicates cut off points to the amounts of illegal drugs or controlled substances in the body at the time of testing. lf a drug is detected at a concentration at or above the cut off amount for that drug listed in Table A, then it is positive for the presence of that drug.
8 Table A Controlled Substance Initial Test Confirmatory Test Amphetamines 1000 ng/ml* 500 ng/ml* Barbiturates 300 ng/ 1111* 200 ng/ml* Benzodiazepine 300 ng/m1* 300 ng/111]* Benzoylecgonine-Cocaine Metabolites Marijuana Metabolites- Cannabinoids 300 ng/m1* 150 ng/ 1111* 50 ng/1111* 15 ng/m1* Methadone 300 ng/1nl* 300 ng/ml* Methaqualone g/ ml* 100 ng/ml* Opiates Metabolites 300 ng/m1* 300 ng/ ml* Phencyclidine (PCP) 2.5 ng/m1* 25 ng/m.l* Propoxyphene 300 ng/ml* 300 ng/ml* *Cut-off limits or points established by the SAMI-ISA (the Substance Abuse and Mental Health Services Administration). These detection thresholds are subject to change and will be used uniformly in the interpretation of all substance abuse screenings. Established SAMHSA cut-off limits or points are used to detect specimens that have been Substituted, Adulterated or Diluted. XVII. URINE INTEGRITY CHECK l. If an Applicant s test results are determined under the definitions of this Policy to Substituted, Adulterated or Diluted, then the applicant will be dropped from further consideration for Refusal to Take a Test. 2. If an Apprentice s test results are determined under the definitions of this Policy to be Substituted, Adulterated or Diluted, then the test result will be considered positive and the Apprentice will be subject to discipline up to and including discharge. XVIII. APPLICANT RETEST l. An Applicant that is unsuccessful in completing or passing the substance abuse screening will be eligible to reapply for the Apprenticeship Program during the Apprenticeship Committee s recruitment period any time after twelve (12) months from the date of the letter notifying the Applicant of his or her failure to successfully complete or pass the urinalysis screening.
9 XIX. CONFIDENTIALITY Substance abuse screening results will be disclosed only to the Apprenticeship Committee and DAR Any information related to an Applicant or Apprentice s substance abuse screening results would be disclosed to others, only if: a. The Applicant or Apprentice gives written permission to release the information b. Required by law 2. All records and information regarding the Applicant or Apprentice s substance abuse screening results are to be maintained in a confidential file accessible only by the Apprenticeship Committee and DAR. XX. MEDICAL REVIEW OFFICER 1. The Medical Review Officer shall be responsible for the following: a. To review and verify a confirmed positive; b. To provide the Apprentice or Applicant with an opportunity to discuss the reasons why his or her results are positive for the controlled substance tested for; c. To review the Apprentice or Applicant s medical record as necessary; d. To verify the laboratory result; e. To notify the DAR of all test results, Positive, Negative, Dilute, Substituted or Adulterated; and f. To process retest requests.
10 Dated at Toledo, Ohio, and effective this 3 rd day of March, BOARD OF TRUSTEES OF THE HEAT AND FROST INSULATORS AND ALLIED WORKERS LOCAL 45 JOINT APPRENTICESHIP AND TRAINING COMMITTEE
11 HEAT AND FROST INSULATORS AND ALLIED WORKERS LOCAL 45 JOINT APPRENTICESHIP AND TRAINING COMMITTEE ACKNOWLEDGEMENT OF RECEIPT A OF DRUG-FREE WORKPLACE POLICY AND PROCEDURE Signing this form acknowledges that the Applicant or Apprentice has received a copy of the Heat And Frost Insulators And Allied Workers Local 45 joint Apprenticeship And Training Committee s Drug-Free Substance Abuse Policy and Procedure (Policy), and has had the opportunity to discuss the Policy and have questions answered, and understands all of the provisions in the Policy. Although it reflects the Heat And Frost Insulators And Allied Workers Local 45 joint Apprenticeship And Training Committee s current Policy regarding substance use, it may be necessary to make changes from time to time to best serve the needs of the Apprenticeship Committee. By my signature below, I acknowledge that I have received a copy of the Drug-Free Substance Abuse Policy and Procedure of the Heat And Frost Insulators And Allied Workers Local 45 Joint Apprenticeship And Training Committee. I understand that it is my obligation to read, understand and comply with the procedures and provisions contained within this Policy. Date Signed Apprentice or Applicant s Signature Witness Signature Printed Name of Apprentice/Applicant
12 HEAT AND FROST INSULATORS AND ALLIED WORKERS LOCAL 45 JOINT APPRENTICESHIP AND TRAINING COMMITTEE CONSENT & RELEASE FORM FOR APPLICANTS AND APPRENTICES I, as an Applicant or Apprentice to Heat And Frost Insulators And Allied Workers Local 45 joint Apprenticeship And Training Committee s Apprenticeship Program (hereafter, the "Apprenticeship Committee"), hereby acknowledges that Heat And Frost Insulators And Allied Workers Local 45 joint Apprenticeship And Training Committee s Policy and Procedure requires me to submit to substance abuse screening. I hereby freely and voluntarily consent to this request for substance abuse screening and agree to participate in the screening program as required in the Heat And Frost Insulators And Allied Workers Local 45 joint Apprenticeship And Training Committee s Drug-Free Substance Abuse Policy and Procedure. I hereby and herewith release the Heat And Frost Insulators And Allied Workers Local 45 joint Apprenticeship And Training Committee, its employees, agents and contractors from any and all liability whatsoever arising from this request for testing, from the actual testing procedures, and from decisions made concerning my application for employment based on the results of the analysis. I agree to cooperate in all aspects of the testing program. I hereby authorize the release of my substance abuse test results to the Designated Apprenticeship Representative ("DAR") and/ or the Heat And Frost Insulators And Allied Workers Local 45 Joint Apprenticeship And Training Committee s Medical Review Officer (MRO) as provided by this Policy. I further acknowledge the Heat And Frost Insulators And Allied Workers Local 45 joint Apprenticeship And Training Committee provided me with an opportunity to ask questions related to its substance abuse screening Policy and that all my questions have been answered. Date Signed Apprentice or Applicant s Signature
13 Witness Signature Printed Name of Apprentice/Applicant
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