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Kittitas County -Local 792 January 1, 2016 -December 31, 2018 In cases where the employee is instructed by the Employer to remain off work due to the possible side-effects of over-the-counter or prescription medication, the employee may utilize earned, but unused, sick leave benefits in accordance with the terms of this Agreement. Violation ofthis section ofthe Agreement will result in disciplinary action which may include discharge. 21.3 Current Employee Substance Abuse Testing: The applicable substance abuse testing procedures outlined below will be initiated if one (1) or more of the following events occur: A. Management personnel concludes through objective observation, investigation and evaluation that an employee is under the influence or impaired by the use of alcohol, drugs and/or controlled substances; and this conclusion is confirmed by another supervisor, elected official or department head; B. Where an employee is involved in any accident due to the action, inaction or inattention of the employee; C. Where the Employer receives reliable information regarding involvement by the employee with alcohol and/or controlled substances based upon personal knowledge of another individual (such as other employees of the County, the medical community, law enforcement personnel, or residents ofthe County); D. Due to random testing pursuant to federal law. All relevant facts pertaining to an investigation conducted pursuant to the above provisions will be documented in writing and preserved for future reference by the County and the Union. 21.4 Substance Abuse Testing Procedures A. The Employer shall provide the employee with a written checklist containing reference to the following information: 1. The employee has been provided a copy of the Drug Testing Policy set forth in this Agreement. 2. The employee is given the opportunity to indicate the use of any drugs, including over- the-counter or prescription medication currently being used and/or recently taken. 3. The Employer will set forth facts pertaining to the reason for requesting the drug and/or alcohol test. B. The Employer will transport the suspected employee to a predetermined testing facility. C. The employee will be requested to submit to the testing procedures. The employee has the right to refuse to submit to the tests; however, refusal to submit to the tests will be grounds for discharge. 19