Common use of Testing Guidelines Clause in Contracts

Testing Guidelines. Urine samples will be obtained for laboratory analysis for the purpose of determining levels of tested-for substances for all candidates for employment, reasonable cause, and/or from employees on a post-accident basis. The Township is responsible for collecting urine samples and the laboratory responsible for urinalysis are certified by the National Institute of Drug Abuse ("NIDA") pursuant to Department of Transportation guidelines and adhere to NIDA guidelines in administration and analysis of all tests. Specimens shall be tested for (1) marijuana, (2) cocaine, (3) opiates, (4) phencyclidine (PCP), (5) amphetamines, (6) alcohol and such other substances as may be required by law and any other substance now or hereafter classified as a Schedule I or II controlled substance by the provisions of 21 U.S.C. 812 or the Regulations of the Drug Enforcement Administration a 21 C.F.R. 1308.11. No laboratory result will be reported as positive nor will related personnel action result unless the laboratory report reflects the application of a confirmatory assay method (e.g., gas chromatography/mass spectrometry). An employee shall be deemed to have a positive test result when the testing procedure complied with the requirements of the DOT Regulations, i.e., collection and chain of custody, and this agreement and the test result showed the presence of a prohibited drug, prohibited drug metabolite or alcohol at a level equal to or above the cut-off level prescribed therein (e.g., a 50 mg/ml cut-off level for marijuana metabolites on the initial screen, 15 mg/ml on the confirmatory test and a .04% cut-off for alcohol). A candidate or employee who has provided a urine sample or breathalyzer test that is confirmed positive will be contacted by the Township Medical Review Officer ("MRO") who will discuss the results of the test to determine the individual's explanation for the result. If the MRO is unable to contact the employee after reasonable efforts, the MRO may contact Township and inform them to contact the individual and tell him/her to contact the MRO. If the individual refuses to talk to the MRO or does not contact the MRO within five days after being notified to do so, the MRO will report the test as positive to Township. The individual will not be hired or, if an employee, permitted to drive a Township vehicle until he/she has contacted the MRO. Failure to submit to a drug and alcohol test properly required under the circumstances set forth above is a disciplinary offense for which an employee may be subject to discharge. If the employee is unable to provide the required amount of urine, the collection site personal shall instruct the individual to drink not more than 24 ounces of fluids and, after a period of up to two (2) hours, again attempt to provide a complete sample using a fresh collection container. The original insufficient specimen shall be discarded. If the employee is still unable to provide an adequate specimen, the insufficient specimen shall be discarded and testing discontinued. The Medical Review Officer shall refer the individual for a medical evaluation to determine if there is a medical reason for failure to produce the requirement specimen. If it is determined that the employee was trying to defeat the testing requirement and if the employee has had a prior positive test, he/she will be subject to discharge. When there is a positive result from a properly required reasonable suspicion test, the employee is subject to discharge. When there is a positive result from a properly required post-accident test, the employee will be treated as follows: (a) If the investigation of the accident results in a finding that the employee contributed to the cause of the accident in a manner which, had all the relevant facts been known to a supervisor on the scene, would have given that supervisor an independent, reasonable suspicion that drug or alcohol use was a contributing factor, the employee shall be subject to discharge. (b) If the investigation of the accident does not result in such a finding or if the accident is classified as unpreventable, the employee shall be afforded an opportunity for rehabilitation under the Township's program. The employee will be required to successfully complete any program and comply with all after-care requirements including being subject to additional testing.