The Union and the Employers agree that it is the responsibility of both parties to overcome problems of substance abuse in the workplace. The parties further agree that Substance Abuse Testing, access to treatment and confidentiality of all results is necessary for overall well-being of the parties to remain competitive in the insulation industry. The Union and the Employers hereby agree to the following provisions.
Drug and Alcohol Testing
1. All active members of Local 6 (except retirees) and employees of contractors who have access to job sites, will be required to submit to a drug screen during the month of their birthday.
2. There shall be a joint committee of one person from the contracting side and one person from the union side. There also shall be two alternates selected from each side. The contractor shall appoint from the ICANE organization. The union shall appoint as per the business manager. The joint committee shall establish an approved drug screening vendor and an approved employee assistance vendor to be part of the policy. The joint committee shall rule on any and all disputes. They shall keep written documentation in chronological order of all appeals, questions to committee, and decisions. Their decision will be the final outcome for all resolutions.
4. Any further drug screening beyond the annual required screening shall be provided by the contractor or the individual requestor at their cost.
5. MOST Insulators Local 6 Drug Screening Policy and Procedures continued below in details
Insulators Local 6 Drug Screening Policy and Procedures below:
(Effective January 1, 2012)
The signatory parties of the Local #6 collective bargaining agreement or other contractors working within the Local #6 jurisdiction recognize that drug abuse is an illness that creates serious problems for workers, their families, the workplace and the community; that this illness acknowledges no boundaries of age, race or socioeconomic status; that punishing the victim will not eradicate the problem; and that efforts must focus on treatment of the illness and restoration of the victim to a meaningful productive life.
The signatory parties of the Local #6 collective bargaining agreement or other contractors working within the Local #6 jurisdiction recognize that a cooperative and constructive effort is needed to overcome the impact of drug abuse on safety, productivity, quality of work, and morale.
Also, the signatory parties of the Local #6 collective bargaining agreement or other contractors working within the Local #6 jurisdiction recognize the keys to this effort will be the providing of education, assistance to the employees and families, encouraging the employees to receive treatment as needed, fostering and encouraging an environment which produces a high skill quality product that is “drug free”. Therefore, in implementing the principles stated above, the parties agree as follows:
1.The parties to this program will cooperate to accomplish a drug free environment and a safe workplace.
a)All active members of Local #6 (except retirees) and all contractor employees that access any job-sites are required to submit to drug screening as a condition of employment. Drug screening will be during the birth date month and will take place at an approved screening location provided by MOST. Drug screening will start on January 1, 2012 and will be every year thereafter.
b)Passing a screening will be called “current” for a status inquiry. Failing a screening will be called “non‐current” for a status inquiry and will result in the withdrawal of employment offer.
c)Refusal to submit to the drug test or a failed drug test will result in the individual becoming “non‐current” and a notification from the Medical Review Officer. The medical review officer will also notify the joint committee of all “non‐current” status individuals. The joint committee shall notify the Local #6 Business manager, and the present and/or hiring employer. All “non‐current” employees will not be allowed to work until their status becomes current. To become current, all candidates shall comply with all requirements from the Medical Review Officer, the employee assistance program and the joint committee.
2.The substance abuse program will be conducted in keeping with the established testing procedures developed by the Department of Health and Human Services Scientific (DHHS) and Technical Guidelines dated April 11, 1988, and any subsequent amendments thereto. The Laboratory shall be licensed or certified, as the case may be, by the Substance Abuse 1
Version date: 01/01/2012 – This version supersedes all other MOST/Insulators Local 6 Policy versions.
and Mental Health Services Administration (SAMHSA), the College of American Pathologists and the Department of Defense shall participate in the proficiency testing programs required by each of those respective organizations.
Drug screening and Gas Chromatography/Mass Spectrometry (GC/MS) confirmation for eleven (11) categories of drugs will be required with the following cut‐off limits:
Amphetamines – Extended – Includes Ecstasy
(Includes, but not limited to: Amphetamine, Methamphetamine, MDMA, MDA, MDEA)
(Includes but not limited to: Valium, Librium)
Tetrahydrocannabinol / Cannabinoids***
(THC – marijuana metabolite)
Opiates – Extended ****
(Includes, but not limited to: Vicodin, Oxycontin, Dilaudin, Darvon, Demerol, Hydrocodone)
*Cut‐off limits meet or exceed those established by the Department of Health and Human Services in their mandatory Guidelines for Federal Workplace Drug Testing Programs. Effective October 1, 2010 cutoff levels were modified in accordance with DOT guidelines, Federal Register 40 CFR part 40, and the US Dept. of Health and Human Services (HHS) Substance Abuse and Mental Health Services Administration (SAMHSA). In addition, MDMA testing was incorporated to be in accordance with those recommended guidelines.
**MOST/Local #6 considers a 0% breath alcohol as normal. Any report in excess of .02% shall be considered above the impairment level. Refer to section 12 for alcohol testing.
***MOST/Local #6 will NOT recognize ingestion of over the counter hemp products, or codeine products, as an acceptable medical explanation for THC positive urinalysis, or opiate positive urinalysis.
****MOST modified the opiates testing parameters September 27, 2006 to include all reactive testing for all synthetic opiates – i.e.: oxycontin, oxycodone, vicodin, hydrocodone, hydromorphone etc.
3.MOST has modified its policy and procedures effective November 29, 1993, in keeping with DOT guidelines and will consider all adulterated specimens as a positive drug screen. Before 2Version date: 01/01/2012 – This version supersedes all other MOST/Insulators Local 6 Policy versions.consideration for testing again, MOST/Local #6 will require a donor with an adulterated specimen to have a chemical dependency evaluation performed with a written report from the clinic or hospital sent to the MRO. In addition, all costs incurred for laboratory examination of the adulterated sample and the cost of a second test will be the responsibility of the donor.
4.Annual testing will be performed on a mandatory basis. Records of such tests shall be maintained by the Independent Testing Laboratory and/or the Medical Review Officer (MRO). For all participants covered by the appropriate collective bargaining agreement, all costs for collection, analysis, reporting, maintenance of records, and notifications shall be borne by Insulators Local #6 Safety Fund, except as specified in Sections 3 and 8. Securing the drug screen test shall be the applicant’s responsibility and shall be performed on his/her time, and at his/her expense.
5.In order to reduce travel and inconvenience to the participants, the Certified Laboratory will prepare a list of approved collection stations within the Local #6 bargaining jurisdiction. Such lists will be distributed to all appropriate parties by the MOST Program. The test will not be processed unless one of the approved collection sites is used, and the cost of the test and recollection will be the responsibility of the participant.
6.In the case of a “fail or positive” (not‐current) result of any test, the participant:
a)Shall have the right to have the original sample independently retested at their expense, by a laboratory of their choice, which must meet the qualifications of the program as outlined in Section 2. If the independent retest is “negative”, the donor will be reimbursed for the cost of the independent test.
b)If the independent retest is “positive”, the donor will be notified by the MRO, and will be required to comply with the recommendations for further evaluation and rehabilitation as directed. All expenses related to the retesting of the original sample will be forfeited.
c)Shall have the right to secure a copy of all data relating to the test procedures and results, providing the costs of same are paid in advance to the initial testing laboratory by the participant.
d)Will be given, with the assistance of the Medical Review Officer, support and guidance with the recommendations for further evaluation and/or rehabilitation with an employee assistance program upon the occurrence of the first and second not‐current drug tests. A participant testing not‐current must subsequently secure a negative drug screen test from a laboratory meeting the qualifications of the program as outlined in Section 2 at his or her expense, must be participating in, or have successfully completed, a supervised drug rehabilitation program and agree to take random tests as directed by the MOST Program and/or in accordance with Section 12 and 13 herein.
7.The Medical Review Officer shall be responsible for the following:
a)Notify the tested individual of a positive result.
b)Review and verify a confirmed positive test result.
c)Provide the tested individual with an opportunity to discuss the reasons why their test result might be positive.
d)Review the individual’s medical record as provided by or at the arrangement of the tested individual as appropriate.
e)Verify the laboratory result. Notify the joint committee, of all test results, positive and negative. Shall also notify the joint committee when an individual is returning from the “non‐current” status.
f)Process request for retest of original sample.
g)Participate in return to duty decisions as required. The MRO will fax/email a release form to the MOST office declaring the donor fit for retesting. The donor will then be required to pay for the retest. Upon receipt of the return to duty clearance release form the MOST office will send the donor a chain of custody form, however the donor will not be updated until payment has been received.
h)Refer individuals testing positive to the appropriate medical evaluation and substance abuse program.
8.The MOST Trustees shall select a Certified Laboratory which meets the requirements of item (2,) and shall be responsible for implementing the drug screening tests.
9.Participants will be notified by the MOST office when they are to renew their certification. This notice will be sent approximately five (5) days before the birthday month. It is the participant’s responsibility to return the renewal form to the MOST office to be issued proper paperwork for testing. Participants are responsible for maintaining their current status and eligibility to work. Failure to receive notification due to postal errors or incorrect addresses does not release an individual of their responsibility to test. If for some acceptable reason, compliance cannot be accomplished, a written appeal to the joint committee with a written approval will be the only allowance. This appeal must be submitted two weeks prior to the birthday month. When returning to work from such appeal, compliance to screening will be as directed as per the joint committee.
10.Random Drug Screening
a)Should a jobsite, owner, or contractor be required to perform on‐site specific random drug‐testing. Contractors will be required to notify MOST five (5) business days in advance of all required random testing, so technicians can be provided at the designated time and place of the testing. Each contractor will also be required to submit a list of their employees for the computer‐generated random selection process by MOST. The list must include the following; full name, social security number, craft, local, address, and phone number. In addition MOST will also test all other out of craft employees of the contractor, at a cost of $38.00 per test. It will be the responsibility of the joint committee to notify MOST of any project which has a job duration of two (2) weeks or longer, so as to perform required on site random testing. A minimum of eight percent (8%) of the total workforce is required, but higher percentages are recommended. In addition any Candidates who are within thirty (30) days from expiration of their annual test and whose name was submitted by the contractor for random testing, and was not selected can also be issued a Chain of Custody and can be tested on site at the time of the random testing if they so choose.
b)The employee’s copy of the chain of custody form from the random test will be proof of the donor’s test. The Local #6 Business manager, the joint committee, the present and/or hiring employer, and the mutually agreed upon employee assistance program can verify that a test was negative, “pass or current” by calling.
c)MOST/Local #6 will consider a donor’s refusal to participate in a random drug screen the same as a positive drug screen. The donor will be required to have a chemical dependency evaluation performed with a written report from the professional counselor to the MRO. In addition all expenses incurred will be the donor’s responsibility.
11.Post‐Accident / Incident Testing:In an effort to support a contractor / union policy for Post‐Accident / Incident testing, MOST will support these needs as follows:
a)MOST/Local #6 will consider a donor’s refusal to participate in a post‐accident/incident testing the same as a positive drug screen. The donor will be removed from employment and be required to have a chemical dependency evaluation performed with a written report from the professional counselor to the MRO. In addition all expenses incurred will be the donor’s responsibility.
b)All testing of individuals shall be only performed by a technician certified and approved by MOST and/or an approved collection site as defined in section 2.
c)If you have any questions regarding the implementation of the Random or Post Accident/Incident procedures please call 1‐800‐395‐1089 extension 319.
12.Alcohol testing:It is recommended that alcohol screening be conducted in keeping with DOT Regulations Part II, 2120 through 2127, dated February 15, 1994. MOST/Local #6 only recognizes Breath Alcohol Testing (BAT), with BAT Confirmations as a positive result for alcohol. Breath Alcohol Testing must be performed in conjunction with the drug testing.
a)All testing of individuals shall be only performed by a technician certified and approved by MOST and/or an approved collection site as defined in section 2.
13.For Cause Testing:MOST will support a policy in regards to “For Cause” testing. An employee shall be subject to drug or alcohol testing, for cause, for any of the following reasons:
a)Involvement in, or cause of, an incident or an accident during contract work assignment while on owner/contractor premises, which causes or could have caused injury to the employee or which causes or could have caused destruction or damage to owner/contractor property.
b)Based on observed behavior, which is unusual to the circumstances, or the individual’s normal behavior; which indicates or could indicate impairment or drug abuse. All such observations must be viewed on site by the jobsite foreman and such foreman must get someone of higher authority (Job site superintendent, another trade foreman) to visually observe, concur and document for the situation at hand.
c)Involvement in an accident without cause shall still require the individual to provide a sample for screening. Should the individual feel that they had no specific cause in such an incident, a request can be made of the Local #6 Business Manager to lobby the Joint Committee to have all results of testing withheld. The Business Manager shall perform a full investigation prior to presenting a statement to the Joint Committee. Joint Committee shall make a final yes or no decision.
d)All testing of individuals shall be only performed by a technician certified and approved by MOST and/or an approved collection site as defined in section 2.
14.Procedures for drug screening are as follows:
a)MOST will provide the participant the proper chain of custody form for screening at an approved collection facility.
b)A qualified health professional at the collection facility will require all participants to have picture identification and a completed chain of custody form issued by the MOST office.
c)The qualified health professional at the collection facility will furnish the participant a receipt (a copy of the chain of custody form) showing the drug screen test has been performed and is being processed.
d)MOST/Local #6 will consider a donor’s refusal to provide a specimen the same as a positive drug screen.
15.Donor’s Responsibilities / Conduct
a)It is the donor’s responsibility to update their drug free certification on an annual basis. The MOST office will notify the participants approximately five (5) days before the birthday month, but it is the participants responsibility to notify MOST of their desire to continue in the program.
b)If a member relocates, or has a phone number change it is his/her responsibility to notify the MOST office, so that all mailings will be received by the participant in a timely manner.
c)A donor is expected to act professionally and responsibly at the clinics when providing a specimen for testing. Any misbehavior or wrong doing will NOT be tolerated and will result in the participants record being “flagged” in the computer and the participant will not be allowed to retest until an apology is accepted by the clinic.
d)The participant is expected to bring the chain of custody form, with all donor information typed, and photo identification with him/her to the collection site to be tested. If a donor does not have photo identification and the typed chain of custody form the donor will not be tested.
e)MOST/Local #6 will consider a donor’s refusal to provide a specimen the same as a positive drug screen. The donor will be required to have a chemical dependency evaluation performed with a written report form the professional counselor to the MRO. In addition all expenses incurred will be the donor’s responsibility.
16.Employee Verification System (EVS) 1‐800‐432‐5765 / www.mostprograms.comMOST has provided a service to the signatory parties of the Local #6 collective bargaining agreement or other contractors working within the Local #6 jurisdiction, to verify a participant’s Drug Free Certification at any time, 24 hours a day, 7 days a week. 7
This service is the Employee Verification System (EVS). The signatory parties of the Local #6 collective bargaining agreement or other contractors working within the Local #6 jurisdiction contributing to the MOST Program shall receive an identification number to access this system, and can verify that a participant has tested “negative” by calling the EVS number. The signatory parties of the Local #6 collective bargaining agreement or other contractors working within the Local #6 jurisdiction can also get faxed verification for their records of several members or just one. The number for the EVS is 1‐800‐432‐5765. The signatory parties of the Local #6 collective bargaining agreement or other contractors working within the Local #6 jurisdiction may also verify a member’s information via the internet at www.mostprograms.com.
17.The MOST Drug and Alcohol Screening program is strictly a service to the signatory parties of the Local #6 collective bargaining agreement or other contractors working within the Local #6 jurisdiction and the construction industry that they serve. The only rules that are enforced or policed by the MOST policy and procedures are those rules necessary for the administration of the Drug and Alcohol Screening program. Any additional rules required by the construction industry would be between the joint committee and/or the union collective bargaining agreement.
18.The participating union and the contractor in the MOST Drug and Alcohol program, in keeping with the Federal laws, must have a written policy and procedure guide. The policy and procedure should outline things such as:
a)The union and the contractor participation and acceptance of the services provided to them by MOST.
b)The union and the contractor policy for handling a positive drug report from MOST on a current employee.
c)The union and the contractor random screening policy requirements for an approved single jobsite, as follows:
1)Frequency of the random drug and alcohol screenings
2)Percentage of workforce to be tested each time.
3)Name of company representative approved to receive drug‐screening results, both negative and positive.
d)The union and the contractor post‐accident/incident policy requirements.
1. Who has the ultimate control of the substance abuse program?
The Joint Committee has all of the administrative power.
2. What happens if I forget to go for my monthly drug screening?
This will be considered a fail (non current) of a screening. You will no longer be allowed to work and will need to comply with rules from the Medical Review Officer; complete a substance abuse program from an approved Employee Assistance Program. Upon fulfillment of all requirements, then your status will become current and you can return to work.
3. If I fail a screening, how long will I be out of work?
It depends; this will be an issue only between you and joint decisions of the Medical Review Officer and the Employee Assistance Program. As this is medical information, which can only be defined by professionals and can require different times and/or treatments. This information shall be strictly limited to the three parties. The joint committee only will know that you are not current. It is in the best interest to not divulge specifics of the not current status as we should be focused on a remedy for the problem and the return to work.
4. I passed my monthly screening; do I need to worry about any other screening?
Yes, there can be screening on specific job-sites that require random testing. Should you become involved in an accident, injury or a for cause incident, a screening can occur at such time. Also, if you are working under rules of the Medical Review Officer and the Employee Assistance Program, there may be additional screening requirements.
5. Who is responsible for the setting up the monthly screening once a year?
You are. Most will mail to your current address the paperwork in advance of your test date; you will need this to go to the testing center. If you do not receive the paperwork in advance, call the hall as it is still your responsibility to be tested during your birthday month.
6. If I am involved in an accident through no fault of my own, is there anything that I can do to keep this screening private?
Yes, after supplying a sample for screening, you can request to request the local #6 Business Manager to lobby on your behalf to the Joint Committee. The local #6 Business Manager must perform a full investigation of the accident before making a recommendation to the Joint Committee to have results withheld. The Joint Committee will have the final say on such intervention.