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Masters Article 35

Drugs and Alcohol

Key Phrase:  Section 3.13 Disciplinary Action Employees may be subject to discipline up to and including discharge as provided below if they test positive for drugs specified elsewhere in this Article.

Reasons for testing

1. Reasonable Cause Testing; Two supervisor observe you acting strange in any manner is an excuse to test you.

a.  A positive test is a dischargeable offense unless the Union and the Employee expressly agree to a lesser penalty. Any such agreement will not be precedent setting.

 b. Refusal to submit to a reasonable cause drug test is a dischargeable offense.

2. Post-Accident Testing

a. A positive test is a dischargeable offense

b. Refusal to submit to a post-accident drug test is a dischargeable
offense.


3. Random Testing
a. 1st offense – A positive test shall result in a warning letter (sub-ject to successful completion of rehabilitation).

b. 2nd offense – A positive test is a dischargeable offense.

c. Refusal to submit to a random drug test is a dischargeable
offense.

Problem

There are not to many situations in which UPS will test an individual, but if they do test you, admitting to a problem before the results come back is not a bad idea.  There are programs available through the union and UPS, which allows one to get the help they need for their substance abuse problem.  If being tested, make sure you union representation is present.  THIS IS A MUST!

Example #1

If a person comes into work smelling like alcohol, they will obviously be tested.  A bad example is a situation when a driver came to work after being a party hours before.  management already observed the individuals as being lethargic and having red eyes.  They waited until he drove his truck five (5) feet before stopping him.  Asked him how he was doing.  The answer does matter, a “NO”, could mean discharge after alcohol test.  He would be deemed as lying and coming to work drunk.  The other situation is that he is in trouble for operating a vehicle under the influence.  

 

Example #2

Another employee was not allowed to operate a vehicle.  He came in red eyes and was sent to the seven-day room, where management observed for about an hour.  They then decided to have him tested.

The end result is both test came back positive, one had a high alcohol level, the other tested positive for extasy.

Opinion

Not feeling well.  Don’t come in to work.  Being at work under any type of influence is a problem.  Secondly, refusing to be test will mean immediate termination, depending on the circumstances.  Once again, having your union representative present will help you navigate this situation if it were to happen.

If you have a serious accident on the road, you will be tested for everything.  This is the time to come clean, even though you may not be under the influence at that moment, but once the results come back any number of bad situations can happen to you, including discharge.  Let the union representative get to work figuring out what they can do for you if you do find yourself in this situation. 

 

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