Common use of Second Positive Test Result Clause in Contracts

Second Positive Test Result. i. Where an Employee tests positive on a confirmatory test for the second time for alcohol or drug abuse of a legal substance, which prevents the Employee from performing the functions of the job or constitutes a direct threat to property or safety of others, the Employer may discipline the Employee up to and including discharge. ii. Where an Employee tests positive on a confirmatory test for the second time for drug use of a controlled substance, the Employer shall immediately discharge the Employee from employment.

Second Positive Test Result. i. a. Where an Employee tests positive on a confirmatory test for the second time for alcohol or drug abuse of a legal substance, which prevents the Employee from performing the functions of the job or constitutes a direct threat to property or safety of others, the Employer may discipline the Employee employee up to and including discharge. ii. b. Where an Employee tests positive on a confirmatory test for the second time for drug use of a controlled substance, the Employer shall immediately discharge the Employee from employment.