Reinforcing Ironworkers Local 416

Pre-Hire Drug Testing

It has come to our attention that some signatory employers have been conducting “pre-hire” drug testing for all new hire employees who have already provided a negative drug test in accordance with the IMPACT National Substance Abuse Testing Program.  We want to clarify that “pre-hire” drug testing is not allowed under the IMPACT National Substance Abuse Testing Program that became effective on January 1, 2009, for all signatory employers and local unions.
 

We appreciate the desire of employers to provide additional drug testing through “pre-hire” testing; however, such testing is outside the scope of the IMPACT Substance Abuse Program that was incorporated into the District Council of Iron Workers of the State of California and Vicinity Master Labor Agreement.  The goal of the program is to support drug-free workplaces, provide drug-free workers, and eliminate repetitive testing that is common in the construction industry.  Following are the types of drug testing programs that are permitted by the IMPACT Substance Abuse Program:
   

Types of Drug Testing Allowed

1. Initial Testing – All employees must submit a negative test.
2. Annual Testing – All employees must be tested at least once a year.
3. Random Testing – Employees are subject to random testing based on 25% of the local union membership that is computer generated.
4. Post Accident/Incident Testing – Employees may be subject to a test after the result of, or involvement in, an accident/incident resulting in injury to a person or loss/damage to property.
5. For Cause Testing – Employees may be subject to a test for excessive absenteeism, slurred speech, alcohol smell, or erratic behavior.  Note:  Supervisory training is required if employers utilize “for cause testing”. 
6. Contractor Request for Job Site Pool Testing – For cause, signatory employers can request testing on jobs with duration of 2 weeks or more.
7. Owner Request for Project Testing – An owner may request that Ironworkers on their project be tested.
8. Accelerated Random Testing – Employees who test positive for band substances are subject to additional random testing.

Mandatory Program Implementation

It has also come to our attention that some signatory employers have not attended any of the numerous training sessions provided throughout California and Nevada in 2008.  The 7/1/07 – 6/30/10 District Council of Iron Workers of the State of California and Vicinity Master Labor Agreement mandated the IMPACT National Substance Abuse Testing Program for all signatory employers and local unions effective 1/1/09.

IF YOU HAVE NOT ATTENDED ANY OF THE TRAINING SESSIONS IN 2008 OR 2009, AND HAVE NOT IMPLEMENTED THE DRUG TESTING PROGRAM, WE STRONLY URGE YOU TO CONTACT THE MOBILE MEDICAL CORPORATION.   FAILURE TO IMPLEMENT THIS DRUG TESTING PROGRAM IS A VIOLATION OF THE COLLECTIVE BARGAINING AGREEMENT AND SUBJECT TO PENALTIES AS DETERMINED BY A BOARD OF ADJUSTMENT.

Drug Testing Questions Most Frequently Asked

 Updated 12/28/07

1) Question:  Can an employer use the current drug testing program instead of the IMPACT Substance Abuse program after January 1, 2008?

Answer:    Yes, if the employer implemented the current program prior to January 1, 2008.

2) Question:  What is the effective date for the implementation of the new IMPACT Substance Abuse Program?

Answer:    1/1/08 Voluntary

                 1/1/09 Mandatory

3) Question:  If an employer elects to implement the IMPACT Substance Abuse Program after January 1, 2008, how long will their employees have to take the “initial test”?

Answer:    45 Days

4) Question:  Are the employers required to notify anyone if they elect to implement the IMPACT Substance Abuse Program?

Answer:    Yes, written notice shall be addressed to the applicable Local Union and shall be delivered in person or by registered mail before implementing the program.  A copy of said notice shall be sent to the District Council office, the California Field Ironworker Employers Council (CIEC), and the Mobile Medical Corporation. (Sample letter and addresses attached)

5) Question:  Does the IMPACT Substance Abuse Program pay for the initial testing, random testing, post accident testing, for cause testing, accelerated random testing, and annual testing cost?

Answer:    Yes

6) Question:  Does the IMPACT Substance Abuse Program allow and pay for “onsite quick - saliva swab” tests?

Answer:    Yes, for post accident and probable cause incidents, followed by a GC/MS lab test confirmation.

7) Question:  Are employers required to complete any training sessions to access and use the IMPACT Substance Abuse Program?

Answer:    Yes, they must attend sessions which are provided by Mobile Medical  

                     Corporation.

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8) Question:  Does IMPACT provide special training for “supervisors” who may request “for cause” testing?

Answer:     Yes, training will be provided through IMPACT by Alliance Work Partners.

9) Question:  Can employers have more than one person designated as a “supervisor” to request “for cause” testing?

Answer:     Yes

10) Question:  During the start up period in 2008, can employers electing to participate in the IMPACT drug testing request local unions to dispatch only workers in the IMPACT eligibility database pool?

Answer:    Yes

11) Question:  On January 1, 2009, can local unions dispatch only workers who are identified in the IMPACT eligibility database pool?

Answer:    Yes

12) Question:  Are probationary ironworkers subject to the same drug and alcohol testing requirements?

Answer:    Yes

13) Question:  If an employee tests positive and he/she does not have enough work-hours to qualify for an “employee assistance program” how will that person be handled?

Answer:     Employee pays for himself/herself, or attends an available free program.

14) Question:  When is the employer required to pay a $35 stipend to their employees?

Answer:     An employer is required to pay a stipend only when an employee on their payroll takes a random or annual test.  The initial test is not considered an annual test and therefore no $35 stipend is required.

15) Question:  Will employers be audited to verify that all employees are in the eligibility database pool?

Answer:     Yes

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16) Question: Will apprentices and probationary ironworkers be required to take an “initial test” under the IMPACT Program after January 1, 2008?

Answer:     Yes

17) Question: When apprentices and probationary ironworkers submit their applications are they immediately directed to take a drug test at that time?  How much time do they have to take the test? One day, 4 hours after directed to take a test?

Answer:     24 hours

18) Question:  If a worker either refuses or neglects to take a “post accident test” are they “positive and ineligible?

Answer:     Yes

19) Question:  What is the time limit for employees to provide a “post accident test”?

Answer:     30 hours