First Positive Test Result Clause Samples
The 'First Positive Test Result' clause defines the point at which a party is considered to have tested positive for a specified condition, such as a disease or prohibited substance, under the agreement. This clause typically outlines the criteria for what constitutes a positive test, the procedures for confirming the result, and the responsibilities of the parties following such a result. For example, it may specify that only results from accredited laboratories are valid or that a confirmatory test is required. Its core function is to establish a clear and objective trigger for subsequent contractual obligations or consequences, thereby reducing ambiguity and potential disputes regarding when a positive test has occurred.
First Positive Test Result i. The Employer may discharge an Employee for whom a positive test result on a confirmatory test was the first such result for the Employee. However, the Employer may not discharge the Employee from employment unless the following conditions have occurred:
(a) The Employer has first given the Employee an opportunity to participate in, at the Employee’s own 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 Employer after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and
(b) If the Employee refuses to participate in the counseling or rehabilitation program, the Employer shall suspend the Employee from employment without pay for 5 working days to provide the Employee an opportunity to reconsider the Employee's decision. If at the conclusion of the Employee's suspension without pay, the Employee has not begun to participate in the counseling or rehabilitation program, the Employee shall be discharged from employment, or
(c) If the Employee has failed to successfully complete the counseling or rehabilitation program, the Employee shall be discharged from employment. Withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program will be considered evidence the Employee failed to successfully complete the program.
ii. However, the Employer may discipline but not discharge an Employee for whom a positive test result on a confirmatory test was the first such result for the Employee, if the Employer determines that no counseling or rehabilitation program is appropriate.
First Positive Test Result. Upon notice to an employee of a positive test, the employee’s suspension will be initiated or continued for a minimum of five (5) working days without pay. The time lost due to removal from service, pending receipt of test results will be applied against the suspension. The employee will be required, as a condition of employment, to be interviewed by a representative of the EAP for a determination of what, if any, course of treatment is recommended to deal with any substance abuse/alcohol problem the employee may have. The employee’s failure to appear for the interview within the five (5) day suspension will result in discipline up to, and including, discharge.
First Positive Test Result. An employee will not be discharged for a positive result on a confirmatory test for alcohol and/or illegal drugs which was the first such result on a test requested or required by SJMC unless he or she has been given the opportunity to participate in a drug or alcohol counseling or rehabilitation program and either has refused to participate or has failed to successfully complete the counseling program. Employees required to attend a counseling or rehabilitation program will be required to inform the SJMC of the type of program to which they have been referred. If the counseling or rehabilitation program permits immediate return to work, the employee will be returned to work on the next regularly scheduled shift. If the employee is referred to an outpatient treatment program, then the employee must agree to attend and must provide SJMC with certification from the treatment provider regarding the expected length of treatment. The employee will be returned to work only after the treatment provider certifies the employee's ability to return. If the employee is certified to return before completion of the outpatient program, the employee will be asked to provide weekly certification from the treatment provider of continued participation in the outpatient program. If the employee fails or refuses to provide such certification, the company will not return the employee to work prior to completion of the program. In all cases, the employee must present evidence of satisfactory completion of the treatment program in order to maintain employment. If the evaluation results in a referral to inpatient treatment, the employee must agree to attend and will not be returned to work until the company receives evidence of satisfactory completion of the program.
First Positive Test Result. The Employer may discharge an Employee for whom a positive test result on a confirmatory test was the first such result for the employee. However, the Employer may not discharge the Employee from employment unless the following conditions have occurred:
First Positive Test Result. Either of the following occurrences will count as a first positive: With an EBT of 0.02 or greater but less than 0.04, the employee will be removed without pay from duty for a minimum of 24 hours. With an EBT of 0.04 or greater, or if tested positive or prohibited drug use, the employee will be removed without pay from duty for a minimum of 24 hours and be referred to a Substance Abuse Professional (SAP) for evaluation.
First Positive Test Result. If a professional assessment deems treatment warranted, give the Employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The Employer through its Employee Assistance Program may determine which type of program is more appropriate after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency. Participation in a counseling or rehabilitation program will be at the Employee’s own expense or pursuant to coverage under an Employee’s own benefit plan. When undergoing treatment and evaluation, employees shall receive the usual compensation and fringe benefits provided at their assigned position provided the Employee is using available accumulated leave. If the Employee either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program as evidence by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program, and alcohol or drug abuse prevents the Employee from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fide occupational qualification, the Employer may recommend to the City that the Employee may be discharged from employment.
First Positive Test Result. Give the Employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The Employer through its Employee Assistance Program may determine which program is more appropriate after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency. Participation in a counseling or rehabilitation program will be at the Employee’s own expense or pursuant to coverage under an Employee’s own benefit plan. 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, and alcohol or drug abuse prevents the Employee from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fide occupational qualification, the Employer may recommend to the County Administrator that the Employee be discharged from employment.
First Positive Test Result. The provisions below apply to an Employee who is tested pursuant to this policy and who receives a positive test result: