Test refusal Clause Samples

Test refusal. An employee who is found to be in actual and illegal possession of a controlled substance, illegally used drug, and/or related paraphernalia while on duty and in or at any City-owned facility, City-owned property, City-approved activity, or City-`owned vehicle, will be investigated and will be subject to termination. He/she may be prosecuted under the applicable state or federal law (refer to Federal Controlled Substances Act Title 21 United States Code, Offenses Involving Dangerous Drugs Title 45 Chapter 9 Montana Code Annotated, and Model Drug Paraphernalia Act Title 45 Chapter 10 Montana Code Annotated.)

Test refusal. A. Refusals will result in administrative action the same as if the test was verified positive. In the case of a breath test refusal, administrative action will be the same as if the test was verified in excess of .04. B. Employees will be considered to have refused testing if they: 1. Refuse to provide a specimen; or 2. Refuse to complete all required tests as directed; or 3. Fail to report for a required test at the scheduled time; or 4. Engage in conduct that clearly obstructs the testing process; or 5. Tamper with the test; or 6. Alter or substitute the specimen; or 7. Fail to provide adequate breath or specimen volume without a verified medical explanation.

Test refusal. A. Any refusal to undergo any of the alcohol tests outlined above shall be regarded as a positive test with a result of 0.02% or greater. Any refusal to undergo any of the tests for controlled substances outlined above will be accorded the equivalence of a positive test. An employee shall be deemed to have refused where the employee: 1. Refuses or fails to provide adequate breath for testing without medical explanation after the employee has received notice of the requirement for breath testing; 2. Refuses or fails to provide adequate urine for controlled substance testing without a valid medical explanation after the employee has received notice of the requirement for urine testing: or 3. Engages in conduct that obstructs, delays or frustrates the testing process, including but not limited to the submission of an adulterated or dilute sample, or fails to appear for testing within sixty (60) minutes of being directed to undergo a test. An employee is expected to report without delay for testing as instructed. B. An employee will be disciplined for refusal to take a test required herein, subject to said employee’s rights to contest such action under applicable Civil Service or other laws, or under the procedures set forth in an applicable Collective Bargaining Agreement. The parties agree that an appropriate penalty for refusal in all cases is discharge. C. An employee on a previously scheduled approved leave, including but not limited to vacation or a scheduled day off, shall not be required to undergo a Drug or Alcohol test if his or her name is randomly selected during that period. In such an event, the alternate(s) shall be tested in the place of the employee on leave.