Common use of Employee's Right to Testing of Split Specimen Clause in Contracts

Employee's Right to Testing of Split Specimen. When the primary specimen is a confirmed positive, the laboratory will hold the split specimen for sixty days from the date it received the split specimen. An employee with a verified positive result has the right, within seventy-two (72) hours of notification of the verified positive result, to request the MRO to have the split specimen to be sent to another D.H.H.S.-certified laboratory. However, action required by law or this policy as the result of a verified positive controlled substance test [such as removal from performing an SSF] is not stayed pending the result of the split specimen test. Should the split sample fail to confirm the presence of a controlled substance, the MRO will notify the Department of Transportation (D.O.T.), the Board and the employee that the entire test has been cancelled and the reasons for the cancellation. The cost of testing the split sample must be borne by the employee.