Common use of Mandatory Testing Clause in Contracts

Mandatory Testing. A. Where the Agency has a reasonable suspicion that an employee is under the influence of any alcoholic intoxicants or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the body, the Agency may require that the employee immediately consent and submit to field impairment tests, blood, urine or breathalyzer test. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall subject an employee to immediate termination. B. When the employee is notified that he or she is required to consent and submit to such tests, or searches as described in Section 10 of this Article, he or she may request the presence of an Association representative to witness the tests or searches. The test or searches may not be unduly delayed in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches. The presence of a representative shall not disrupt or interfere with the tests or searches. C. Before a supervisor, acting on the behalf of the Agency under this policy, may require an employee to consent and submit to any test(s) specified in this section, the supervisor must first obtain concurrence from the supervisor’s department head or his designee that the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as a result of such test(s). D. The employee shall give consent to a blood, urine, or breathalyzer test by signing a consent form. The form shall contain the following information: 1. Employee’s consent to release test results to the Agency; 2. The procedure for confirming an initial positive test result for a controlled substance, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substance, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above .02%; 5. A listing provided by the employee of legally prescribed and over-the-counter medications which may be in the employee’s body; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol; 7. The consequence of refusing to consent to the blood, urine or breathalyzer test. E. After the sample is given, the contractor will divide the sample into two (2) parts. Each of the two

Mandatory Testing. A. Where the Agency has a reasonable suspicion that an employee is under the influence of any alcoholic intoxicants or controlled substances, including marijuana, or has a controlled substance, including marijuana, present in the body, the Agency may require that the employee immediately consent and submit to field impairment tests, blood, urine or breathalyzer test. The Agency shall pay for the costs of the tests. A refusal to consent and submit to any of these tests shall subject an employee to immediate termination. B. When the employee is notified that he or she is required to consent and submit to such tests, or searches as described in Section 10 of this Article, he or she may request the presence of an Association representative to witness the tests or searches. The test or searches may not be unduly delayed in order to wait for a representative. The absence of a representative shall not be grounds for the employee to refuse to consent and submit to such tests or searches. The presence of a representative shall not disrupt or interfere with the tests or searches. C. Before a supervisor, acting on the behalf of the Agency under this policy, may require an employee to consent and submit to any test(s) specified in this section, the supervisor must first obtain concurrence from the supervisor’s supervisor‟s department head or his designee that the information available to the Agency about the subject employee is sufficient to determine reasonable suspicion that prohibited conduct will be established as a result of such test(s). D. The employee shall give consent to a blood, urine, or breathalyzer test by signing a consent form. The form shall contain the following information: 1. Employee’s Employee‟s consent to release test results to the Agency; 2. The procedure for confirming an initial positive test result for a controlled substance, including marijuana; 3. The consequences of a confirmed positive test result for a controlled substance, including marijuana; 4. The consequences of a positive test for alcohol, including one at or above .02%; 5. A listing provided by the employee of legally prescribed and over-the-counter medications which may be in the employee’s employee‟s body; 6. The right to explain a confirmed positive test result for a controlled substance, including marijuana, or a positive test for alcohol; 7. The consequence of refusing to consent to the blood, urine or breathalyzer test. E. After the sample is given, the contractor will divide the sample into two (2) parts. Each of the two