Common use of MRO Determination Clause in Contracts

MRO Determination. If the MRO determines, after appropriate review, that there is a legitimate medical explanation for the confirmed positive test result, the MRO shall report the test to the Employer as a negative. If the MRO determines, after appropriate review, that there is no legitimate medical explanation for the confirmed positive test result, the MRO shall report the positive test result to the appropriate member of management in accordance with DOT regulations. Based on a review of laboratory reports, quality assurance and quality control data and other drug test results, the MRO may conclude that a particular confirmed positive drug test result should be cancelled is scientifically insufficient for further action. Under these circumstances, the MRO shall report conclude that the test is negative for the presence of drugs or drug metabolites in the employee’s system that the test is When there is a question as to the validity or accuracy of a positive test result, only the MRO is authorized to order a re-analysis of the original sample. Not later than seventy-two (72) hours after notification of a confirmed positive test result or refusal to test because of adulteration or substitution, an employee may submit a written or verbal request to the MRO for testing of the split sample. The laboratory used must be certified by the SAMSHA HHS and must follow usual chain-of-custody procedures. The employee shall be reimbursed for any pay lost if taken out of service based upon a positive test result which is negated by the second test or as a result of the resolution of the grievance. In order to make a recommendation to return an employee to duty after the employee has tested positive for the presence of controlled substances or has refused to submit to a drug test, the Employer shall: A. Ensure that the individual or employees is “drug free,” based on a drug test that shows no evidence of the presence of a drug or a drug metabolite in the person’s system. B. Ensure that the employee has been evaluated by a Substance Abuse Professional for drug use and abuse. C. Ensure and confirm with the Substance Abuse Professional that the employee demonstrates compliance with all conditions or requirements of a rehabilitation program in w hich he or she participated and follows the after-care plan. If the MRO, after appropriate review, is in basic disagreement with the treatment or evaluation physician/center as to the appropriate return to work date after evaluation and/or rehabilitation, then the MRO and the treatment/evaluation provider must mutually agree upon a third (3rd) doctor within ten (10) working days, whose decision as to the appropriate return to work date shall be final and binding. If the third (3rd) doctor agrees that the employee should have been returned to work at a date earlier than that proposed by the MRO, the employee shall be reimbursed at his/her daily guarantee, less any other monies received, back to the release date of the evaluation and/or treatment facility. I t shall exclude any time the employee was not available for examination at work.

Appears in 1 contract

Samples: National Master United Parcel Service Agreement

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MRO Determination. If the MRO determines, after appropriate review, that there is a legitimate medical explanation for the confirmed positive test result, the MRO shall report the test to the Employer City as a negative. If the MRO determines, after appropriate review, that there is no legitimate medical explanation for the confirmed positive test result, the MRO shall report the positive test result to the appropriate member of management in accordance with DOT regulations. Based on a review of laboratory reports, quality assurance and quality control data and other drug test results, the MRO may conclude that a particular confirmed positive drug test result should be cancelled is scientifically insufficient for further action. Under these circumstances, the MRO shall report conclude that the test is negative for for, the presence of drugs or drug metabolites in the an employee’s system that the test is system. When there is a question as to the validity or accuracy of a positive test result, only the MRO is authorized to order a re-analysis of the original sample. Not later than seventy-two (72,) hours after notification of a confirmed positive test result or refusal to test because of adulteration or substitutionresult, an employee may submit a written or verbal request to the MRO for testing testing, of the split sample. The laboratory used must be certified by the SAMSHA HHS SAMHSA and must follow usual chain-of-custody procedures. The employee shall be reimbursed for any pay lost if taken out of service based upon a positive test result which is negated by the second test or as a the result of the resolution of the grievanceGrievance. In order to make a recommendation to return an employee to duty after the employee has tested positive for the presence of controlled substances or has refused to submit to a drug drug, test, the Employer MRO shall: A. Ensure that the individual or employees is "drug free," based on a drug test that shows no positive evidence of the presence of a drug or a drug metabolite in the person’s 's system. B. Ensure that the employee has been evaluated by a Substance Abuse Professional rehabilitation program counselor for drug use and or abuse. C. Ensure and confirm with the Substance Abuse Professional after-care treatment professional that the employee demonstrates compliance with all conditions or requirements of a rehabilitation program in w hich he or she which they participated and follows the after-care treatment plan. If the MRO, after appropriate review, is in basic disagreement with the treatment or evaluation physician/center as to the appropriate return to work date after evaluation and/or rehabilitation, then the MRO and the treatment/evaluation provider must shall mutually agree upon a third (3rd) doctor within ten (10) working days, whose decision as to the appropriate return to work date shall be final and binding. If the third (3rd) doctor agrees that the employee should have been returned to work at a date earlier than that proposed by the MRO, the employee shall be reimbursed at his/her their daily guarantee, less any other monies received, back to the release date of the evaluation and/or treatment facility. I t It shall exclude any time the employee was not available for examination at or work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MRO Determination. If the MRO determines, after appropriate review, that there is a legitimate medical explanation for the confirmed positive test result, the MRO shall report the test to the Employer City as a negative. If the MRO determines, after appropriate review, that there is no legitimate medical explanation for the confirmed positive test result, the MRO shall report the positive test result to the appropriate member of management in accordance with DOT regulations. Based on a review of laboratory reports, quality assurance and quality control data and other drug test results, the MRO may conclude that a particular confirmed positive drug test result should be cancelled is scientifically insufficient for further action. Under these circumstances, the MRO shall report conclude that the test is negative for for, the presence of drugs or drug metabolites in the an employee’s system that the test is system. When there is a question as to the validity or accuracy of a positive test result, only the MRO is authorized to order a re-analysis of the original sample. Not later than seventy-two (72) hours after notification of a confirmed positive test result or refusal to test because of adulteration or substitutionresult, an employee may submit a written or verbal request to the MRO for testing testing, of the split sample. The laboratory used must be certified by the SAMSHA HHS SAMHSA and must follow usual chain-of-custody procedures. The employee shall be reimbursed for any pay lost if taken out of service based upon a positive test result which is negated by the second test or as a the result of the resolution of the grievanceGrievance. In order to make a recommendation to return an employee to duty after the employee has tested positive for the presence of controlled substances or has refused to submit to a drug drug, test, the Employer MRO shall: A. Ensure that the individual or employees is "drug free," based on a drug test that shows no positive evidence of the presence of a drug or a drug metabolite in the person’s 's system. B. Ensure that the employee has been evaluated by a Substance Abuse Professional rehabilitation program counselor for drug use and or abuse. C. Ensure and confirm with the Substance Abuse Professional after-care treatment professional that the employee demonstrates compliance with all conditions or requirements of a rehabilitation program in w hich which he or she participated and follows the after-care treatment plan. If the MRO, after appropriate review, is in basic disagreement with the treatment or evaluation physician/center as to the appropriate return to work date after evaluation and/or rehabilitation, then the MRO and the treatment/evaluation provider must shall mutually agree upon a third (3rd) doctor within ten (10) working days, whose decision as to the appropriate return to work date shall be final and binding. If the third (3rd) doctor agrees that the employee should have been returned to work at a date earlier than that proposed by the MRO, the employee shall be reimbursed at his/her daily guarantee, less any other monies received, back to the release date of the evaluation and/or treatment facility. I t It shall exclude any time the employee was not available for examination at or work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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MRO Determination. If the MRO determines, after appropriate review, that there is a legitimate medical explanation for the confirmed positive test result, the MRO shall report the test to the Employer City as a negative. If the MRO determines, after appropriate review, that there is no legitimate medical explanation for the confirmed positive test result, the MRO shall report the positive test result to the appropriate member of management in accordance with DOT regulations. Based on a review of laboratory reports, quality assurance and quality control data and other drug test results, the MRO may conclude that a particular confirmed positive drug test result should be cancelled is scientifically insufficient for further action. Under these circumstances, the MRO shall report conclude that the test is negative for for, the presence of drugs or drug metabolites in the an employee’s system that the test is system. When there is a question as to the validity or accuracy of a positive test result, only the MRO is authorized to order a re-analysis of the original sample. Not later than seventy-two (72,) hours after notification of a confirmed positive test result or refusal to test because of adulteration or substitutionresult, an employee may submit a written or verbal request to the MRO for testing testing, of the split sample. The laboratory used must be certified by the SAMSHA HHS SAMHSA and must follow usual chain-of-custody procedures. The employee shall be reimbursed for any pay lost if taken out of service based upon a positive test result which is negated by the second test or as a the result of the resolution of the grievanceGrievance. In order to make a recommendation to return an employee to duty after the employee has tested positive for the presence of controlled substances or has refused to submit to a drug drug, test, the Employer MRO shall: A. Ensure that the individual or employees is "drug free," based on a drug test that shows no positive evidence of the presence of a drug or a drug metabolite in the person’s 's system. B. Ensure that the employee has been evaluated by a Substance Abuse Professional rehabilitation program counselor for drug use and or abuse. C. Ensure and confirm with the Substance Abuse Professional after-care treatment professional that the employee demonstrates compliance with all conditions or requirements of a rehabilitation program in w hich which he or she participated and follows the after-care treatment plan. If the MRO, after appropriate review, is in basic disagreement with the treatment or evaluation physician/center as to the appropriate return to work date after evaluation and/or rehabilitation, then the MRO and the treatment/evaluation provider must shall mutually agree upon a third (3rd) doctor within ten (10) working days, whose decision as to the appropriate return to work date shall be final and binding. If the third (3rd) doctor agrees that the employee should have been returned to work at a date earlier than that proposed by the MRO, the employee shall be reimbursed at his/her daily guarantee, less any other monies received, back to the release date of the evaluation and/or treatment facility. I t It shall exclude any time the employee was not available for examination at or work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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