Common use of ACTION AFTER TEST Clause in Contracts

ACTION AFTER TEST. The Appointing Authority will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee solely on the basis of a positive test result from an initial screening testing that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest, the Appointing Authority will do the following unless the employee has furnished a valid medical reason for the positive test result: a. The employee will be referred for an evaluation by a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. If that evaluation determines that the Appointing Authority has a chemical dependency or abuse problem, the employer will give the employee an opportunity to participate in, at the employee's expense, or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. If the employee either refuses to participate in the counseling or rehabilitation program, or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion, or by a positive test result on a confirmatory test after completion of the program, the employer may discharge the employee. b. Nothing in this policy limits the right of the Appointing Authority to discipline or discharge an employee on grounds other than a positive test result in a confirmatory test.

ACTION AFTER TEST. The Appointing Authority will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee a nurse solely on the basis of a positive test result from an initial screening testing that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest, the Appointing Authority will do the following unless the employee nurse has furnished a valid medical reason for the positive test result: a. The employee nurse will be referred for an evaluation by a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. If that evaluation determines that the Appointing Authority has a chemical dependency or abuse problem, the employer will give the employee nurse an opportunity to participate in, at the employeenurse's expense, or pursuant to coverage under an employee a nurse benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. If the employee nurse either refuses to participate in the counseling or rehabilitation program, or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion, or by a positive test result on a confirmatory test after completion of the program, the employer may discharge the employeenurse. b. Nothing in this policy limits the right of the Appointing Authority to discipline or discharge an employee a nurse on grounds other than a positive test result in a confirmatory test.

ACTION AFTER TEST. ‌ The Appointing Authority will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee a nurse solely on the basis of a positive test result from an initial screening testing that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest, the Appointing Authority will do the following unless the employee nurse has furnished a valid medical reason for the positive test result: a. The employee nurse will be referred for an evaluation by a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. If that evaluation determines that the Appointing Authority has a chemical dependency or abuse problem, the employer will give the employee nurse an opportunity to participate in, at the employeenurse's expense, or pursuant to coverage under an employee a nurse benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. If the employee nurse either refuses to participate in the counseling or rehabilitation program, or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion, or by a positive test result on a confirmatory test after completion of the program, the employer may discharge the employeenurse. b. Nothing in this policy limits the right of the Appointing Authority to discipline or discharge an employee a nurse on grounds other than a positive test result in a confirmatory test.