Purpose. Employees under influence of drugs or alcohol on the job pose serious safety and health risks, not only to the user, but also to all those who surround or come in contact with the user. This policy is adopted in accordance with [former] Ch 440-26 WAC relating to drug-free workplace programs.

To help insure a safe, healthy, and productive work environment for the members of Local 32 and signatory Employers on work sites and/or company property, we have adopted a policy for maintaining a workplace free of drugs and alcohol abuse. This policy restricts certain items and substances from being brought on—or being present on—company premises or work sites [and] prohibits employees on company premises or work sites from reporting to work or working with measurable levels of illegal and non-prescription drugs, alcohol, and other controlled substances which affect the employees’ ability to perform work safely.

Any current employee who feels that he or she has a drug- or alcohol-related problem is encouraged to seek professional help.

Policy. The use of or being under the influence of any alcohol during working hours is prohibited. The use, purchase, possession, or transfer of drugs or having illegal drugs in the bodily systems is prohibited. This policy applies during all working hours and during the time the employee is on lunch or break periods when the employee is scheduled to return to work or when operating a company vehicle. Employees are required to submit to an alcohol and/or drug test when directed to by the Employer in accordance with this policy and are required to provide adequate samples to conduct the alcohol and/or drug test.

• Employees refusing to submit to testing by avoiding the alcohol or drug test or failing to provide an adequate volume of urine to conduct a test without a valid medical explanation will be treated as insubordination.
  
  
• Any conduct that clearly obstructs the collection process is prohibited.
  
  
• Providing false information about a urine specimen or attempting to contaminate or alter a urine specimen is prohibited.

Violations of this policy and the following procedures will result in disciplinary action.

Method. The method of testing shall be by urinalysis. The confirmatory testing method shall be by gas chromatography/mass spectrometry. Tests shall be conducted only by laboratories certified by SAMHSA of DHHS. These employment-screening tests shall be taken as soon as practical after the individual reports for work. It is understood that new employees shall be considered probationary employees until such time as the results from the tests are known to the Employer. The presence of one or more illegal drugs or alcohol is cause for termination and will result in denial of employment for probationary employees. (See Agreement for the Continuation of Employment.)

Prehire testing. At projects where alcohol and drug testing is required, it shall be a condition of employment that all employees of the contractor pass (negative results) a drug/alcohol test. There shall be no second-chance agreement offered for a failed pre-employment drug test.

Annual testing. Annual testing shall be allowed. Annual testing shall be done within a 30-day window on either side of the anniversary date of employment. Should a signatory contractor voluntarily implement this policy, it is understood that all employees and representatives of the company (including owners), both hourly and salaried in the office, shop, and field shall be tested annually.

Project-specific mandatory random testing. Project-specific requirements that mandate random testing shall be allowed after prior notification and proper documentation mandating random testing has been received by Local 32. All affected employees of the contractor shall receive prior notification before reporting to the project. After an employee is performing work on a project and random testing is subsequently required, 30 days’ notice shall be given to Local 32 which properly documents the mandatory random testing. All employees working on that project shall also receive 30 days’ notice before any random testing is implemented on that project.

Post-accident testing. In the event of any accident which is OSHA/WISHA recordable and/or which results in damage to property or equipment, any persons directly involved in the accident may be required to submit to a drug/alcohol test. The Employer shall notify Local 32 whenever a post-accident test occurs. (See Appendix E.)

Probable suspicion of impairment. Probable suspicion means suspicion based on specific personal observations that the Employer representative can describe concerning the appearance, behavior, speech, or breath odor of the employee. Probable suspicion must be documented at or near the time of the observation. (See Appendices C and D.)

• An employee consenting to the testing will be transported to the hospital or laboratory. After [the] test is completed, the employee will be transported back to his/her residence.
  
  
• If the test results are negative, the employee will immediately be reinstated in his/her previous position, be paid any lost straight-time wages, and no further action will be taken.
  
  
• Should the test results be positive, the Employer may terminate the employee without pay except for actual time worked on the day that the test was conducted. Employees have the right to obtain test results from the testing facility.

Legal drugs. The use of drugs that are lawfully obtained and properly used shall be permitted, provided their use does not interfere with the individual’s proper and safe performance.

Testing procedures

1. The reporting of the results of the drug test shall be handled discreetly between the testing facility and Employer. The results shall be reported as follows:
   
   
   1. Yes, the employee is within the limits described by this policy.
      
      
   2. No, the employee is not within the limits described by this policy.
   
   
2. If requested, the results will be provided to the employee by the Medical Review Officer (MRO).
   
   
3. The Employer and the testing facility understand and agree [that] customary patient privacy will be observed in taking the described test. All confirmed positive tests shall receive a professional medical review that includes offering the employee the opportunity to contest or explain the result.
   
   
4. The Employer and the testing facility agree that security of biological specimens is absolutely necessary. Any breach of this security will require a three-day written notification to [the] employee with [a] re-test at company expense.
   
   
5. In the event of positive test results, the employee may request, within 72 hours of notification by the MRO, a re-test of his/her urine specimen at another SAMHSA-certified laboratory at the employee’s expense. Chain of custody for this sample shall be maintained. In the event of a negative test result on the re-test, the Employer shall pay for the re-test and any lost straight-time wages.
   
   
6. The following is a list of drugs for which testing may be conducted and their associated threshold levels:
   
   

   Compound	Screen	Confirming
   Amphetamines	1000 ng/ml	500 ng/ml
   Barbiturates	300 ng/ml	200 ng/ml
   Benzodiazepines	300 ng/ml	200 ng/ml
   Cocaine Metabolites	300 ng/ml	150 ng/ml
   Marijuana (THC)	50 ng/ml	15 ng/ml
   Methadone	300 ng/ml	100 ng/ml
   Methaqualone	300 ng/ml	300 ng/ml
   Opiates	300 ng/ml	300 ng/ml
   Phencyclidine	25 ng/ml	25 ng/ml
   Propoxyphene	300 ng/ml	100 ng/ml
   Ethanol (alcohol)	0.03 g/dl	0.03 g/dl

   
   
7. If an employee tests positive on a drug or alcohol test and it is the employee’s first positive test, the individual shall be offered an Agreement for the Continuation of Employment. (See Appendix A.)
   
   Employees who violate provisions of this policy and procedure and refuse to sign the Agreement for the Continuation of Employment shall be terminated and subject to Hiring Hall Article IV dispatch procedures § 9.
   
   
8. The Employer agrees to indemnify and hold the Union harmless from any and all claims arising under the Employer’s application of this policy and further agrees to pay all fees and costs of legal defense for the Union should any action be brought against the Union because of the Employer’s requirement of such tests.
   
   
9. The Employer and the testing facility agree that the results of the described test are to be held in the strictest confidence between the Employer and the testing facility. They further agree that the results of the above tests will not be provided to anyone without express written consent of the employee.
   
   
10. The Employer and Local 32 agree that the grievance procedures shall apply for dispute resolution relative to this policy.
    
    
11. It is understood that on any project where approved drug testing is required, all employees and representatives of the company (including owners) working at the jobsite, all subcontractors of the company and their employees at that jobsite and any representatives of the UA conducting Union business at the jobsite shall be tested.

    Should a signatory contractor voluntarily implement a company drug-free policy that requires prehire and/or annual testing, it is understood that all employees and representatives of the company (including owners), both hourly and salaried in the office, shop, and field shall be tested.

    The MCAWW may establish a program to facilitate the testing of MCAWW members’ UA employees. Such a program will only be made available to those MCAWW members who voluntarily test all their salaried and hourly employees in accordance with this Section.
    
    
12. Employees testing positive will be terminated “for cause”. The Employer shall immediately notify the Union in writing when an individual has failed the test. (See Appendix F.)
    
    
13. This policy may be amended by the negotiating committee to meet current industry needs.
    
    
14. An education program on substance abuse and this policy will be offered by the journeyman and apprenticeship training programs for apprentices, journeymen, stewards, and jobsite supervisors.