Section 26.11.6 of the Collective Bargaining Agreement (CBA) currently includes language to specifically address drug and alcohol use for both bargaining unit and non-bargaining unit employees.
As an association, we believe strongly in promoting a safe and healthy work environment. AGMA recognizes some contractors may not have policies that allow for random drug testing of non-bargaining unit employees. With that in mind, the association developed a template policy which may be used by those contractors who choose to do so. The template was developed with counsel from Cohen, Seglias, Pallas, Greenhall, and Furman, P.C., and AGMA is encouraging all signatory contractors to consider whether adopting a policy for non-bargaining unit employees is consistent with their safety needs.
Before adopting any drug testing policy, including this template, you should consult with legal counsel. In addition, we want to highlight a few areas to consider before implementing a drug testing program:
- In NJ, we understand there is legal authority which suggests random testing of employees is unlawful unless the employee occupies a safety sensitive position;
- Under a recently passed OSHA regulation, blanket post-accident drug testing may be considered unlawful; and
- The template policy identifies a twelve-panel testing procedure. Members should consider the drug testing method that is best suited to their testing program.
AGMA hopes in keeping with our desire to maintain a safe and healthy work environment, you will take the time to consider if a drug testing program such as this, is consistent with your desire for a safe and healthy work environment. For a copy of the policy, contact AGMA.
AGMA WILL REVIEW TEMPLATE & ANSWER QUESTIONS @ AGMA MEMBER MEETING ON NOV. 8, 2017.
AGMA, TOGETHER WITH COHEN SEGLIAS, WILL HOST A LUNCHTIME EVENT FOR CONTRACTORS TO REVIEW ALONG WITH Q&A ON NOV. 14, 2017.