Revised August 16, 2023
Paragraph 1.
The dangers and costs which alcohol and other chemical abuses can create in the electrical contracting industry in terms of safety and productivity are significant. The parties to this Agreement resolve to combat chemical abuse in any form and agree that to be effective, programs to eliminate substance impairment should contain a strong rehabilitation component. The parties recognize the EMPLOYER’s right to adopt and implement a drug and alcohol policy subject to all applicable laws and regulations, procedural safeguards, scientific principles, and legitimate interests of privacy and confidentiality. However, the UNION has negotiated regarding the terms of the EMPLOYER’s policy. When drug and alcohol testing is performed, all testing shall be conducted in accordance with the procedures outlined in this policy. Apprentices may also be subject to additional drug testing requirements as determined by the JATC.
Paragraph 2.
(a) For the purpose of this Article, the phrase “Prohibited Substances” shall mean and include any illegal drugs, controlled substances (other than properly prescribed and utilized medications), look alike drugs, designer drugs, alcoholic beverages and marijuana.
Drugs to be tested for include:
– Cocaine – Benzodiazepines
– Marijuana – Methaqualone
– Opiates – Propoxyphene
– Phencyclidine – Methadone
– Amphetamines – Barbiturates
– Alcohol
Note: Illinois Prevailing Wage Drug Testing Law requires that Alcohol Testing be included (see Paragraph 14(c) and (d) below).
(b) For the purpose of this Article, the term “Jobsite” shall include that portion of the site on which construction or construction related activities is taking place as well as that portion of the site or project which is used for parking, and shall also include automobiles, trucks and other vehicles owned or leased by the EMPLOYER. “Jobsite” shall also include the employee’s location during a period where the employee has been scheduled, with at least 24 hours’ notice, to be on standby or otherwise responsible for performing tasks related to his or her employment at the employer’s premises or other location previously designated by the employee’s employer or supervisor for performing a work-related task.
Paragraph 3.
It is recognized that there are certain medications which may impair the performance of job duties and mental and/or motor functions. In such cases, with the permission of an Employee and after consultation with such Employee’s physician or other physician, the EMPLOYER shall attempt to accommodate an Employee.
Paragraph 4.
An Employee who is involved in the sale, possession, purchase or distribution of a Prohibited Substance on the jobsite may be subject to disciplinary action up to and including termination. An Employee who uses a Prohibited Substance on the jobsite or is determined to be under the influence of a Prohibited Substance on the jobsite, may be terminated.
Paragraph 5.
(a) Commencing January 1, 2011 Northeastern Illinois NECA and IBEW Local 701 drug testing policy requires mandatory random testing for all individuals referred by Local 701.
“Travelers” working within Local 701 must either be compliant with a local that has a reciprocal drug testing agreement with Local 701 or must otherwise be compliant with the Local 701 Drug Testing Program.
In addition to “bargained” employees, any contractor personnel or sub contractors working on jobsites must be compliant with this policy. Contractor personnel designated as “contact people” within a contractor’s organization must also be compliant with this policy.
(b) Urine specimens shall be collected only at facilities that meet the standards set by the U.S. Department of Health and Human Services and the National Institute of Drug Abuse.
(c) Random drug testing shall be at the rate of 33% per year or 100% of the entire group over a three year period with an exclusion after the first selection. In addition, the entire group shall be tested at the rate of 10% per year with no exclusion.
(d) Contractors will receive notification of random selection for drug testing of their employees and shall be responsible to notify the employee in a timely manner as directed by ScreenSafe. Employees shall be given a reasonable amount of paid company time during the regular work day for drug testing including travel time.
(e) Contractors must designate one individual, and one alternate that will be responsible for receiving test notifications. The contact person and alternate must also be in compliance with the drug policy, must have attended the supervisor training class, and will be included in the pool for random testing. The contact person will notify the employee that the drug test must be taken before the end of the business day after notification. The person designated as the contractor contact person shall be subject to the same high standards of confidentiality as all others involved in the process. Any disclosure of the names of those tested or test results with other than need to know people, shall be considered a violation of employee confidentiality.
Persons who test positive for drugs or alcohol shall receive notification of services that are available through the MAP (Members Assistance Program) office. Such test results will be kept confidential. Persons who have test results returned as “adulterated” shall be treated as a “positive” result and shall not be issued a drug card.
ScreenSafe will attempt to notify an individual that receives a positive test result. In the event that ScreenSafe cannot contact the individual, ScreenSafe will attempt to leave a message, at the phone number that the individual has left as their contact phone number. The message will request a call back to ScreenSafe. If an individual fails to respond to this request within 24-hours of the request being made, the Employer will be notified by ScreenSafe, and with the Employer’s knowledge, the individual will be removed from the jobsite until the individual is compliant with the terms and conditions of this drug testing program.
Designated contractor representatives who test positive for any Prohibited Substance, other than a registered qualifying patient under the Compassionate Use of Medical Cannabis Act testing positive for cannabis, shall be subject to the same policy provisions and will be referred to an outside EAP (Employee Assistance Program) if not already offered by their Employer, or their home local’s EAP. Any designated contractor representative who has not established eligibility to participate in their home local’s Employee Assistance Program or does not have access to an EAP through their Employer will be responsible for any payment that is required by the outside EAP in order to have an evaluation performed as well as for any treatments recommended by the EAP. The participant will be required to attend all appointments with the EAP counselor and comply with all recommendations. During the evaluation, the EAP counselor will request the participant sign and releases authorizing EAP communication with the MAP (Members Assistance Program) office and/or administrator referenced in this policy regarding contact and compliance. Once the designated representative has complied with all recommendations, certification must be submitted to the MAP office confirming compliance with EAP recommendations and availability for duty. Any individual refusing treatment recommended by the EAP will be treated as a violation of this policy and will be deemed non-compliant with this policy.
Drug test results that are returned “diluted specimen” shall be considered as positive. The person being tested may appeal at which time they will be offered a hair sample test. Should the results of the hair sample test be returned as negative, these results shall stand as the final result and the test shall be paid for by the LMCC office. Should the results of the hair sample test be returned as positive they shall be considered as the final result. A positive result hair test shall be paid for by the donor.
EMPLOYER shall pay for any incident testing for cause and in the event of a negative result, reimburse the employee for all time spent, not to exceed sixteen hours at the straight time rate, and reinstate him to his former position.
EMPLOYERS requesting referrals shall submit to the UNION proof that all of its hourly employees who will regularly be present or perform work on the site including management, non-management, Union, and non-Union have been tested by a Local 701 MAP approved drug and alcohol program that meets or exceeds Local 701 standards and certify that all his hourly employees are drug-free with the exception of an employee who is a registered qualifying patient under the Compassionate Use of Medical Cannabis Act who tests positive for cannabis. In the case of referral to a project governed by the Substance Abuse Prevention on Public Works Projects Act or in a case where an employer would be in violation of state or federal law or would lose a state or federal contract or funding, the requirement of drug free certification shall also apply to an employee who is a registered qualifying patient under the Compassionate Use of Medical Cannabis Act.
The burden of compliance is upon the EMPLOYER to assure a drug-free workplace and the UNION assumes no liability for safety of the employer’s facility or workforce.
Any Employee, drug-free card holder or otherwise, may only be tested for cause based upon an incident as defined in Paragraph 6 below. If a “drug-free” Employee, other than a registered qualifying patient under the Compassionate Use of Cannabis Act testing positive for cannabis, tests positive for any Prohibited Substance, his/her drug-free status will be forfeited. In the case of referral to a project governed by the Substance Abuse Prevention on Public Works Projects Act, in a case where an employer would be in violation of state or federal law or would lose a state or federal contract or funding, or in a case of a test positive for a drug other than cannabis, the forfeiture of drug free status shall also apply to an employee who is a registered qualifying patient under the Compassionate Use of Medical Cannabis Act.
There may be times when certain jobs require the recruitment of traveling craftpersons. It is the position of the policy that all traveling craftpersons be subject to both initial and random testing. This provision will also apply to those individuals working under the portability rules. In order to avoid situations wherein a craftsperson will be forced to have one (1) or two (2) uncompensated days while waiting for the results of the initial urine drug screen to be reported, traveling craftpersons will be allowed to report to work immediately after providing a urine specimen for testing. The craftsperson understands and accepts that should his/her drug test end up a confirmed positive for any prohibited substance; their employment will be summarily terminated without obligation or further compensation. Such termination shall also be subject to the participant’s rights under his/her collective bargaining agreement.
Participants who are called to work assignments that are anticipated to last three (3) days or less are subject to the Local 701 drug-free workplace policy but may be exempt from the drug-testing program. If the assignment subsequently exceeds three (3) days, or if the participant accumulates more than three (3) days, the participant becomes subject to the drug-testing program. Participants will be allowed to remain at work after three (3) days if they provide a urine sample for testing. Should the test be reported as confirmed positive or non-compliance, the participant shall be subject to discipline up to and including termination by the Union affiliated contractor, subject to the participant’s rights under his/her collective bargaining agreement.
Paragraph 6.
If the EMPLOYER has reasonable grounds to believe that the Employee is under the influence of or impaired by the use of Prohibited Substances or an Employee is involved or injured in a workplace accident, the Employee may, at the discretion of the EMPLOYER, be required to submit to a drug test. It is agreed that under certain circumstances, an Employee whose work performance and/or behavioral conduct indicates that he or she is not in a physical condition that would permit the Employee to perform a job safely and efficiently will be subject to submitting a urine test and breath alcohol test to determine the presence of alcohol or drugs in the body, provided:
(a) Reasonable grounds exist if the employer has a good faith belief that an employee manifests specific, articulable symptoms while working that decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position, including symptoms of the employee’s speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, or negligence or carelessness in operating equipment or machinery; disregard for the safety of the employee or others, or involvement in any accident that results in serious damage to equipment or property; disruption of a production or manufacturing process; or carelessness that results in any injury to the employee or others.
(b) The supervisor’s reasonable grounds must be confirmed by another trained management representative so that a minimum of two (2) trained management personnel must be present in person in conjunction with a representative of the UNION, which may be the Business Representative, Job Steward, or Co-Worker if immediately available. Both management representatives must describe such grounds in writing prior to any testing being directed.
(c) The Employee, if collectively bargained, shall have the right to have a representative of the UNION present, which may be the Business Representative. If the Business Representative is not accessible within one (1) hour, the job steward or a co-worker of the Employee’s choosing.
(d) The Employee will be provided with an opportunity to explain his or her conduct and to contest any determination made by the Employer at a meeting with the Representatives, including the Union Representative referred to in Paragraph 6(c), provided that such Union Representative is reasonably available and provided further that all reasonable efforts have been made to attempt to have such Union Business Representative present within one (1) hour.
(e) All jobsite hourly employees, business agents, job referral administrators, and union stewards will be provided with a training program which will include the information required to make a proper determination as to the fitness for duty issues and proper implementation of this program.
Paragraph 7.
An employee who refuses to submit to testing requested in Paragraph 6 is subject to immediate disciplinary action and will not be made compliant until an assessment of his fitness for duty is approved by the MAP office. Covered non-collectively bargained personnel shall be subject to internal company discipline procedures. Any applicant for referral who refuses testing two (2) times in a twelve (12) month period will be referred to the Business Manager for the option of an assessment by the 701 MAP Office as described in Paragraph 7(a) below or Executive Board Review as described in Paragraph 7(b). The individual will have the option of:
(a) Voluntarily enrolling in the MAP program or his own private DASA (Department of Alcohol and Substance Abuse) approved program, which may recommend his release to return to work or continuance in the program. MAP enrollees may be routinely tested for 180 days following enrollment in the Plan by the provider of care; or
(b) Appearing before the Executive Board of the UNION who may either send him to MAP and require the participant to fully participate in the MAP Program, or deny future employment through the referral system, or return the employee to referral with consultation and recommendation of the MAP Program.
The failure of an employer to bring their covered non-collectively bargained personnel into compliance with this policy will be treated as a violation of the policy and the administrator will notify the labor management committee that the employer is non-compliant with the policy. Notifications of such violations will be handled in the same manner as a grievance under the collective bargaining agreement and any decisions of the labor management committee will be final and binding.
Paragraph 8.
For cause, all drug testing shall take place at a recognized medical facility or certified, independent laboratory collection site at the expense of the EMPLOYER, who shall also bear the expense of transportation to the collection site. The LMCC will reimburse the EMPLOYER for the cost of testing which results in a positive reading.
If a supervisor has observed any of the suspected behaviors stated previously in Paragraph 6:
Paragraph 9.
When a test is required, the specimen will be identified by a code number, not by name, to insure confidentiality of the donor. Each specimen contained will be properly labeled and made tamper-proof.
Paragraph 10.
The handling and transportation of each specimen will be properly documented through the strict chain of custody procedures.
Paragraph 11.
Any urine sample taken for testing must be tested as follows:
(a) For screening; and
(b) In the event the screening test is positive, for confirmation testing by a hair follicle test. This test will be on a specimen taken with the original specimen used at the initial screening. The initial test shall be paid for by the EMPLOYER. Any subsequent retest shall be paid by the requesting employee and shall be conducted within two (2) working days of the employee’s notification of the positive test result. The request by the employee must be made at a time which will permit retesting to take place in the two (2) working day period.
Paragraph 12.
All testing shall be performed in accordance with the guidelines set forth by the National Institute of Drug Abuse and the U.S. Department of Health and Human Services.
Paragraph 13.
The EMPLOYER, the UNION, all of the medical personnel and the personnel of the laboratory/testing facility shall adhere to the American Occupational Medical Association’s Code of Ethical Conduct for physicians providing occupational medical services and to the AOMA Drug Screening in the workplace Ethical Guidelines.
Paragraph 14.
(a) An Employee undergoing testing for cause shall be placed on an unpaid leave of absence pending the results of the screening test.
(b) In the event that the results of the screening test are negative, the employee shall be paid for all time involved in the testing process including time of transportation to the testing site with back pay not to exceed sixteen hours at the straight time rate. In the event that the results of the screening test are positive, there shall be confirmation testing as described in Paragraph 11(b) above. In the event the results of the confirmation testing are negative, the Employee shall be reinstated with back pay not to exceed sixteen hours at the straight time rate. Unless an initial positive result is confirmed as positive, it shall be deemed negative and reported by the laboratory as such. An employee tested and confirmed as positive for any Prohibited Substance, other than a registered qualifying patient under the Compassionate Use of Medical Cannabis Act testing positive for cannabis, may be removed from any jobsite. An employee who is a registered qualifying patient under the Compassionate Use of Medical Cannabis Act, tested and confirmed as positive for cannabis may be removed from a jobsite governed by the Substance Abuse Prevention on Public Works Projects Act or other applicable State or Federal Law and in cases where an employer would be in violation of state or federal law or would lose a state or federal contract or funding. An employee, including a registered qualifying patient under the Compassionate Use of Medical Cannabis Act, tested and confirmed as positive for any Prohibited Substance may be removed from any jobsite if there exist reasonable grounds to conclude that the employee was impaired or under the influence of any Prohibited Substance on the jobsite or was in possession of or using the Prohibited Substance on the jobsite.
(c) In the event that the results of the confirmation testing are positive by virtue of a urine and breath alcohol screen of greater than .02 and less than .05, the following applies:
(1) Rescind drug free status
(2) Can be terminated
(3) No reimbursement for testing
(4) Upon the second occasion within a twelve (12) month period, the employee, if collectively bargained, will be referred to the Business Manager for the option of an assessment by the 701 MAP Office or Executive Board Review as described in Paragraph 7(b).
(d) In the event that the results of the confirmation testing are positive by virtue of a urine and breath alcohol screen of greater than .05, the following applies:
(1) Rescind drug free status
(2) Can be terminated
(3) No reimbursement for testing
(4) Referral to the Business Manager, if collectively bargained, for the option of an assessment by the 701 MAP Office or Executive Board Review as described in Paragraph 7(b).
(e) In the event that the results of the confirmation testing are positive by virtue of cannabis and, additionally in the case of a registered qualifying patient under the Compassionate Use of Medical Cannabis Act, reasonable grounds exist that impairment existed on the jobsite or that cannabis was possessed or used on the jobsite:
(1) Rescind drug free status
(2) Can be terminated
(3) No reimbursement for testing
(4) Referral to the Business Manager, if collectively bargained, for the option of an assessment by the 701 MAP Office or Executive Board Review as described in Paragraph 7(b).
(f) In the event that the results of the confirmation testing are positive by virtue of a substance other than alcohol or cannabis without proof of being properly prescribed and utilized by a licensed medical doctor, the following applies:
(1) Rescind drug free status
(2) Can be terminated
(3) No reimbursement for testing
(4) Referral to the Business Manager, if collectively bargained, for the option of an assessment by the 701 MAP Office or Executive Board Review as described in Paragraph 7(b).
Paragraph 15.
(a) An Employee who fails to cooperate, abandons, or does not complete the treatment program prescribed by the MAP counseling or Executive Board recommendation or fails to live up to the terms and conditions of the Referral Agreement will be subject to termination. The Employee must report to the MAP Director for a determination that the Member has complied with the requirements of this Paragraph 15(a).
(b) If treatment necessitates time away from work, the EMPLOYER may provide for the Employee an unpaid leave of absence for purposes of participation in an agreed upon treatment program. An Employee who successfully completes a rehabilitation program shall be reinstated to his or her former employment status, if work for which he or she is qualified exists. The Employee must report to the MAP Director for a determination that the Member has successfully completed the rehabilitation program.
(c) In order to ensure confidentiality in the MAP Program, the EMPLOYER and UNION shall each designate a person as the Employee Representative. The results of a positive test will only be made known to: the employee, the EMPLOYER (positive/negative information only), the Business Manager and the testing facility (currently ScreenSafe). Upon request, the testing facility and/or MAP Office shall make available to Employees, the Laboratory Reports concerning his/her positive test results. The results of any positive test will not be released to any third party or outside agency unless required by law or with written permission of the Employee.
(d) Whenever Owner or Awarding Agency specifications require the EMPLOYER to provide a drug-free workplace, such additional requirements may be incorporated herein upon mutual agreement of the UNION and the EMPLOYER.
Paragraph 16.
All respects of this policy and program shall be subject to the grievance procedure of the Collective Bargaining Agreement.
Paragraph 17.
All employees covered by this program will be required to sign an acknowledgment of the Drug Test Policy included on the chain of custody form. In addition, the policy is available on the LMCC website at www.powerforwarddupage.com.
Paragraph 18.
Nothing in this Policy shall authorize any conduct violative of governing state or federal law. Any provision requiring or permitting such conduct shall not be enforced and shall not affect the validity of the remaining portions of this Policy.
Effective February 1, 2023, the IBEW Local 701 Drug Testing Program is being managed by ScreenSafe. For a list of collection sites, please visit ScreenSafe’s website at ScreenSafeinc.com or you can call them at (815) 676-2200 with any questions.
Ashley Treder, Director Ph. 630-393-1701 Extension 2673
28600 Bella Vista Parkway, Suite 1120
Warrenville, IL 60555
The MAP is a confidential resource, as required by professional ethics and by law. No one at work or at home will know you have used the MAP services, unless you tell them yourself or you give the MAP written permission to speak to a specific individual as part of the treatment program. Information from the MAP cannot be released to anyone without your written permission, except in rare cases of extreme danger to yourself or others (including unreported child abuse).
The Members Assistance Program (MAP) is an organization of concerned and experienced professionals who will:
You must also contact the MAP if you wish to undergo in- or out-patient treatment using a doctor or counselor you choose yourself.
The MAP staff is qualified to assess mental health, alcoholism, drug dependency and other problems. The MAP will refer you to doctors or counselors and, in some cases, community resources for actual treatment, and follow-up after treatment or educational seminars and materials.
The MAP staff provides these services Monday through Friday (except holidays) between 7:00 A.M. and 4:00 P.M. and by appointment after hours. During nights and weekends, calls are taken by an answering service. A counselor will respond to non-emergency calls the next business day. A counselor is available 24 hours a day for prompt response to persons in need of emergency care (such as life-threatening circumstances) and other most urgent conditions.
Problem Assessment
Referral
Follow-Up Support
The Trustees of IBEW Local 701 General Welfare Fund value the well-being of Plan Participants on both a personal and occupational level. They recognize that family or financial worries create emotional problems and stress that can affect your heath in many ways. Alcoholism and chemical dependency (drug use) directly and significantly undermine your ability to do your job and your health besides. The Trustees, the Local Union and your Employer are all concerned that Plan Participants and their families get fast and effective treatment of any problem that can be serious enough to affect your physical or mental health and your relationships at work or at home.
Chemical dependency is among the most serious personal problems which can affect an individual’s physical health, mental health and general well-being. The Trustees are committed to lessening the burdens of drug use and mental health problems by providing a special program for Plan participants and their eligible dependents. The Trustees have retained experienced professionals to develop and administer a confidential Members Assistance Program (MAP) for you and your family.
The following is the Trustees’ Statement of Policy regarding treatment for mental health and chemical dependency: