Common use of A Positive Test Result Clause in Contracts

A Positive Test Result. No drug test positive-result administered pursuant to this Policy shall be considered a reportable event unless such result obtained by the FDA-accepted immunoassay procedures is confirmed by re-testing the urine sample using the GC/MS test method. No alcohol test positive result shall be considered a reportable event unless such result is confirmed in keeping with standards established and used for Department of Transportation alcohol testing. Any sample that is not so confirmed will not be considered as the basis for any employer action, and any record of such an unconfirmed test will be erased from the employee’s file. If the laboratory informs the MRO that an employee has tested “positive” for the presence of drugs or alcohol, and the test result has been confirmed, the MRO will then have twenty-four (24) hours from said notice to make reasonable attempts to contact the employee to inform him/her of the “positive” test result. If the MRO and the employee make contact, the MRO will inquire whether the employee has any information which would explain the test result and why the result should not be deemed a confirmed “positive” (including, but not limited to, providing the MRO with bona fide verification of a current valid prescription which may have caused the positive result; however, said prescription must be in the employee's name). The employee will have twenty- four (24) hours to provide this information. Should the employee provide an explanation that satisfies the MRO, the “positive” test result will not be viewed as a confirmed “positive.” In such cases, the Company will not be notified about the original “positive” test result. If the MRO does not receive a satisfactory explanation from the employee within the required time period, or if the MRO determines that the employee’s proferred explanation should not exonerate the employee from the “positive” test result, the MRO will inform the Company of the confirmed “positive.” The Company will immediately suspend the employee pending investigation. Within five working days after receipt of notification of a “positive” confirmed test result, the Company will inform the affected employee in writing: (a) of the confirmed “positive” test result; (b) that the employee may request and receive from the Company a copy of the test result report; (c) that the employee may, within five working days after receipt of notice of the “positive” confirmed test result, submit additional information to the MRO explaining the test result and why the result should not be deemed a confirmed “positive” (including, but not limited to, providing the MRO with bona fide verification of a current valid prescription which may have caused the positive result; however, said prescription must be in the employee's name); and (d) that, within 72 hours from the time the notice of the positive confirmed test result was mailed or otherwise delivered to the employee, the employee may have the urine specimen that produced the confirmed positive test result re-tested at the employee's expense. If the employee chooses to have the urine specimen that produced the confirmed positive test result re-tested, it must be done at a Substance Abuse and Mental Health Services Administration (SAMHSA)- certified lab that has been approved by the Company. Within 15 days of its receipt of an employee's explanation of a positive confirmed test result that is deemed unsatisfactory by the Company, the Company will provide to the employee a written explanation of its reasons for deeming the employee's explanation unsatisfactory, together with the positive confirmed test report. Copies of the employee's explanation and the Company's explanation will be placed in the employee's confidential medical records.