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before commenting work, when taking any medications or drugs which may interfere <br />with the safe and effective performance of duties. <br /> <br />Supervisors may require that an employee submit to drug test when such supervisor has <br />reasonable suspidon that an employee is under the influence of drugs at a time when <br />the employee is to perform Job duties and responsibilities. "Reasonable suspidon" <br />means a belief based on ~cts and circumstances suffident to lead a reasonably prudent <br />supervisor to suspect that an employee is under the influence of drugs. <br /> <br />When it is determined through a drug screening test and a confirmatory test, or <br />otherwise, that an employee has violated this Sec'don, the employee shall be subject to <br />discipline up to and Including discharge. <br /> <br />Employees who hereafter apply for promotion shall, as a condition of appointment, <br />submit to a drug test. A confirmed positive result shall disqualify such applicant, who <br />may thereafter not apply for such promotion for one year. <br /> <br />The implementation of drug testing hereunder shall comply with employee due process <br />procedures as required by law and as specified by the Rm Department Substance Abuse <br />Program. <br /> <br /> SECTION 28 - SEPARABTLtTY OF PROV~qt'ONS <br /> <br />Should any section, clause or provision of this MOU be dedared illegal by final judgment <br />of a court of competent jurisdiction, such invalidation of such section, clause or provision <br />shall not invalidate the remaining por'dons hereof, and such remaining portions shall <br />remain in full force and effect for the duration of this NOU. <br /> <br />Upon such invalidation, the parties agree to meet and confer concerning subst~te <br />provisions rendered or dedared illegal. <br /> <br /> <br />