Common use of Consequences of Positive Test Clause in Contracts

Consequences of Positive Test. Results or Refusal to Cooperate in Testing Process 4.1. An employee whose test results for alcohol concentration are confirmed with a detectable level of less than 0.02 in the bloodstream shall be sent home on sick leave. If the employee has no accrued sick leave available, the employee shall be placed on leave without pay. This procedure does not preclude disciplinary action from being imposed based upon the totality of the circumstances. 4.2. An employee whose test results for alcohol concentration are confirmed with a detectable level of 0.02 or above shall be subject to disciplinary action as provided for in the employee’s collective bargaining agreement. 4.3. An employee who has tested positive for the presence of illegal drugs or abuse of drugs shall be subject to disciplinary action as provided for in the employee’s collective bargaining agreement. 4.4. An employee additionally may be referred to an employee assistance program or appropriate drug or alcohol counseling/treatment. An employee undergoing treatment will be required to complete a program pursuant to a “return to work agreement”. Failure of the employee to follow the treatment program as prescribed will be grounds for disciplinary action. Such agreement may include unannounced drug/alcohol testing. 4.5. Any employee who refuses to comply with a request for a drug/alcohol test, or who engages in conduct that clearly obstructs the collection process, including attempting to contaminate a specimen, will be considered insubordinate and subject to disciplinary action, up to and including termination. Any employee who fails to provide adequate breath for testing or who fails to produce a urine specimen without a valid medical explanation after s/he has received notice of the testing requirement will be regarded as refusing to be tested.