Common use of Basis for Testing Clause in Contracts

Basis for Testing. Testing for evidence of substance abuse shall only be performed on the basis of probable cause or suspicion that an employee is under the influence of a controlled substance. A determination of influence must be established by a scientifically valid test. All determinations that an employee may be subject to a drug screen on the basis of reasonable suspicion shall first be referred to the Employer’s Area Operations Manager or a representative of the Employer’s Human Resources Department before such drug screening is conducted. Probable suspicion must be based on specific personal first hand observations that Employer representatives can describe regarding the appearance, behavior, speech or breathe odor of the employee. Such observations shall be corroborated by a second management representative. Supervisors who shall have responsibility for recommending that an employee be subject to a drug screen test because of probable cause shall have received training in substance abuse detection. Probable cause or suspicion may not be based solely on third party observations or reports.