Common use of First Positive Test Result Clause in Contracts

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. 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 the Company unless he or she has been given the opportunity to participate in a drug or alcohol counseling or rehabilitation program evaluation and if the employee either has refused to participate in the evaluation or has failed to successfully enter and complete the counseling programprogram recommended by the professional evaluator. Employees required to attend a counseling or rehabilitation program will be required to inform the SJMC company 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 test is negative. If the employee is referred to an outpatient treatment program, then the employee must agree to attend and must provide SJMC the company 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 ’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 programprogram and tests negative.