Common use of Testing Requirement Clause in Contracts

Testing Requirement. An employee or applicant who refuses to submit to a test for prohibited substances when the employer has reasonable suspicion of a violation of Section 2, when the employer is conducting work opportunity mandated testing after the employee has been assigned to a project, or when the employer is conducting pre-employment tests of appli- cants who are not union members, is subject to discipline up to and including termination, and such termination shall be deemed to be for just cause. An employee who tests positive for pro- hibited substances is subject to discipline, up to and including termination, and such termination shall be deemed to be for just cause, except that on the first positive test, the employer shall allow the employee to participate in a drug treatment program acceptable to the employer. An employee who successfully completes the drug treatment program will not lose his or her position because of the first positive test, but the employee must submit to unannounced testing for pro- hibited substances for a period of one (1) year from the completion of treatment program.