WHEREAS:

AFSCME-represented employees performing safety-sensitive transportation jobs are subject to random drug and alcohol testing and other requirements that are intrusive of workers' privacy rights and compromise due process; and

WHEREAS:

Despite questions about the need for massive testing, and privacy and due process concerns, AFSCME members have fully complied with the existing federal drug and alcohol regulations; and

WHEREAS:

AFSCME has consistently advocated for federal rules that protect employee privacy and ensure collective bargaining rights as a way to address issues regarding a safe and drug-free environment; and

WHEREAS:

The Department of Transportation has proposed new rules that treat adulteration, substitution, or dilution of specimens the same as a refusal to submit to a test, even though there is no evidence that adulteration or substitution of samples is a significant problem; and

WHEREAS:

An employee accused of adulteration, substitution, or dilution, which is considered the equivalent of refusing to submit to a test, should have the same rights as an employee who has a positive test, and should also be allowed to request split specimen testing even where the employee is unwilling to pay for it.

THEREFORE BE IT RESOLVED:

That AFSCME will continue to support employees' right to split specimen testing for further validity; and

BE IT FURTHER RESOLVED:

That AFSCME will advocate that employers pay for split specimen testing and will oppose allowing the employer to obtain reimbursement from employees for the cost or remove employees from their duties while awaiting completion of the verification process; and

BE IT FINALLY RESOLVED:

That AFSCME will actively participate in any Department of Transportation rulemakings on drug and alcohol testing and will assist affiliates in negotiating fair testing programs to ensure that our members' rights are protected.

SUBMITTED BY:

Michael Hansen, President
Donald Holt, Vice President and Delegate 
AFSCME Local 2792, Council 6
Minnesota