A publication of the National Air Traffic Controllers Association
Issue link: http://natca.uberflip.com/i/685218
2016 CBA Tentati ve Agreement Page 107 of 217 DOT Drug and Alcohol Testing Guide, provides reason to believe that such performance may have contributed to the accide nt or incident, or cannot be completely discounted as a contributing factor to the accident or incident. If an employee is held past his/her shift end time, he/she will be paid overtime in accordance with this Agreement. In extenuating circumstances (fo r example, child care arrangements), an employee identified for post - accident testing may request approval to leave the facility if the collector/BAT has not arrived at the facility or will not be arriving shortly. The employee will be required to sign a statement that he/she will not consume alcohol for up to eight (8) hours of the time of the covered event and that he/she must return to the facility for testing when called back. Section 15. When reasonable suspicion exists that an employee has violate d the substance prohibitions contained in DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide, the Agency may require that an employee submit to substance testing. Reasonable suspicion must be based on specific objective facts and reasonable infer ences drawn from these facts in the light of experience. Reasonable suspicion does not require certainty, but mere "hunches" are not sufficient to meet this standard. At the time an employee is ordered to submit to substance testing based on a reasonable suspicion, he/she will be given a written statement setting out the basis for establishing reasonable suspicion. In the event that a reasonable suspicion test produces a negative result, any references to reasonable suspicion including, but not limited t o the written statements, shall be expunged from all formal and informal files. This does not preclude the maintenance of those records required by DOT regulations. Section 16. In accordance with DOT Order 3910.1 and the DOT Drug and Alcohol Testing Gui de, each urine specimen shall be split into two specimen bottles using the split specimen procedure. If the Medical Review Officer (MRO) verifies the primary specimen bottle (bottle A) is positive, substituted and/or adulterated, the donor may request thr ough the MRO that the split specimen bottle (bottle B) be tested in another HHS - certified laboratory, under contract with DOT, for the presence of drugs for which a positive result was obtained in the test of bottle A. Only the donor can make such request . Such request shall be honored if made within seventy - two (72) hours of the donor having received notice that his/her primary specimen tested positive and was verified. Section 17. If an employee fails to provide an appropriate amount of urine in accord ance with the DOT Order 3910.1, the employee will be given a reasonable period of time to provide a specimen. The employee will be allowed an appropriate amount of time, in accordance with the DOT Order 3910.1. The inability of an employee to provide an amount of breath sufficient for alcohol testing purposes shall be handled in accordance with DOT Order 3910.1. Section 18. Every reasonable effort shall be made to accommodate employee requests for annual or sick leave immediately upon completion of a dr ug test in order to allow the employee to secure back - up testing in a timely manner. Individuals who are granted such leave may be required, upon request, to provide proof that back - up testing was accomplished. Employees are not required to provide the r esults of such tests. Section 19. In the event of a confirmed positive alcohol test of .02 or higher, the Agency shall, upon written request, provide to the employee and the Union the maintenance and calibration history of the equipment used and the BAT' s last certification. Section 20. Employees who have not been identified for drug/alcohol testing may be granted leave. After an employee has been tested, he/she may be granted leave.

