Positive Results Clause Samples
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Positive Results. 1. If the results of the first screen are “confirmation pending”, the testing laboratory will immediately conduct a second testing procedure that is technologically different and more sensitive than the initial screen test on a different portion of the original sample.
2. If the confirmatory drug test is positive, the MRO will use his/her best efforts to notify the Employee either in writing, sent to the Employee’s home address, or by telephone, to appear for a verification interview. In the event that the MRO is unsuccessful in reaching the Employee he will seek the assistance of the Lodge President and the Human Resources Manager, but not the Chief of Police. No other City employee or agent shall be informed of the positive confirmatory drug test until the verification interview is held. If the Employee refuses to participate in the verification interview, the MRO will report the confirmed positive test result to the Human Resources Manager.
3. At the interview, the Employee shall be provided an opportunity to provide the MRO with any prescription drug container, along with the identity of the prescribing/dispensing physician or health care provider, or any other evidence. The MRO shall then contact the prescribing/dispensing physician or health care provider for confirmation.
4. The MRO shall contact the testing laboratory in an effort to verify that the prescription drug presented by the Employee matches the drug identified in the positive confirmatory drug test. If the prescription drug and the drug identified in the positive confirmatory drug test match, then the drug test result shall be considered as a negative drug test result and discarded.
5. The MRO shall report the results of positive confirmation test results to the Human Resources Manager. Confirmed positive drug test results are for administrative purposes only and shall not be used against the Employee during any phase of any criminal proceeding.
6. An Employee whose drug test result is a confirmed positive drug test may demand that the second portion of the split urine specimen be tested by a SAMHSA-certified laboratory of his/her choice. If the Employee desires to test the second portion of the split urine specimen, the following procedure to effect the second testing procedure shall be required:
a. The Employee shall, within seventy-two (72) hours following the date on which he/she received notification of the positive test result, provide a written notice to the Chief of Police and a w...
Positive Results. If the results of the first screen are positive, the Medical Review Officer will immediately conduct a second screening using a different methodology on a different portion of the sample. The Medical Provider will report the confirmation screen results, whether positive or negative, to the Medical Review Officer. Any adulterated sample, or samples otherwise tampered with, may be treated for disciplinary purposes as a positive result. If the confirmation screen results are positive, employees may request an additional screening, beyond the confirmation screening, by an NIDA approved alternate laboratory. Employees will be responsible for the cost of any additional screenings. For chain of custody purposes, the sample will be transferred directly from the Medical Provider to the alternate laboratory, and the alternate laboratory will complete the Chain of Custody form. If the confirmation screen results are positive, the Medical Provider will retain the same for at least one (1) year to allow for additional screenings and employee appeals. The Medical Review Officer (MRO) is a physician knowledgeable in the medical use of prescription drugs and the pharmacology and toxicology of illicit drugs. The MRO’s primary responsibility is to review and interpret positive test results obtained through the DSP. In fulfilling these responsibilities, the MRO is to be guided by the U.S. Department of Health and Human Services (DHHS) Mandatory Guidelines. If any question arises to the accuracy or validity of a positive test result, the MRO should, in collaboration with the laboratory director and consultants, review the laboratory records to determine whether the required procedures were followed. The MRO then makes a determination as to whether the result is scientifically sufficient to take further action. If records from the collection sites or laboratories raise doubts about the handling of samples, the MRO may deem the urinary evidence insufficient and no further actions relative to individual employees would occur. The MRO must also assess and determine whether alternate medical explanations could account for any positive test results. In reviewing the laboratory results, the MRO may conduct a medical interview with the employee, review the employee’s medical history, or review any other relevant biomedical factors. The MRO shall also review any information provided by an employee attempting to show legitimate use of a drug. The MRO may perform limited physical examin...
Positive Results. Before a positive test is reported to the Town by the testing laboratory, the doctor who interprets the results ("Medical Review Officer") will consider whether the positive test result was caused by legal drug use (pursuant to a validly obtained prescription). The Medical Review Officer shall require that the employee produce any necessary written proof, and the employee shall authorize the Medical Review Officer to obtain further information from his or her health care providers. If the Medical Review Officer determines that the employee's explanation is medically corroborated by the test results (e.g., the substance identified in the test is contained in the prescribed drug) then the test will be reported to the Town as "negative". The laboratory will not provide to the Town any information it learns concerning prescription drugs that the employee is taking pursuant to a validly obtained prescription. If the Medical Review Officer is unable to obtain the employee's cooperation in order to make this determination, the positive result will be reported to the employer.
Positive Results. The laboratory identification of a prohibited material in any test conducted per definition 13 below in the amounts defined as positive.
Positive Results. If the results of the first screen are positive, the Testing Facility will immediately conduct a second screening using a different methodology on a different portion of the original sample. The Testing Facility will report the confirmation screen results, whether positive or negative, to the Medical Review Officer. Any adulterated sample, or samples otherwise tampered with, may be treated for disciplinary purposes as a positive result. If the confirmation screen results are positive, employees may request an additional screening, beyond the confirmation screening, by any SAMHSA approved alternate laboratory. Employees will be responsible for the cost of any additional screenings. For chain of custody purposes, the sample will be transferred directly from the Testing Facility to the alternate laboratory, and the alternate laboratory will complete the Chain of Custody form. If the confirmation screen results are positive, the Testing Facility will retain the sample for at least one (1) year to allow for additional screenings, and employee appeals.
Positive Results. All Public Safety Officers who are screened and confirmed to be positive for the presence of drugs shall:
i. Be notified of this fact by the Director of Public Safety as soon as practicable after oral notification is received from the laboratory.
ii. Be provided with a copy of the laboratory report, as soon as practicable after receipt of same.
iii. Be suspended from duty, without pay, pursuant to Article XIX(C) of the collective bargaining agreement (Discipline & Discharge) pending a due process hearing for dismissal from employment.
iv. Be given the opportunity to challenge a termination from employment based upon a confirmed positive result in the same manner as provided in the collective bargaining agreement for challenging disciplinary impositions involving termination of employment. The only grievable issues with regard to discipline resulting from a positive drug test are as follows:
(1) a challenge to the testing results or procedure; or (2) in the case of drug testing based upon “reasonable individualized suspicion”, a claim that reasonable ground for testing did not exist.
Positive Results. Before a positive test reported to the Director by the testing laboratory, the doctor who interprets the results ("Medical Review Employee") will consider whether the positive test result was caused by legal drug use pursuant to a validly obtained prescription. The Medical Review Employee shall require that the Employee produce any necessary written proof, and the Employee shall authorize the Medical Review Employee to obtain further information from such Employee's health care providers. If the Medical Review Employee determines that the Employee's explanation is medically corroborated by the test results in that the substance identified in the test is contained in the prescribed drug, then the test will be reported to the Director as "negative". The laboratory will not provide to the Director any information it learns concerning prescription drugs that the Employee is taking pursuant to a validly obtained prescription. If the Medical Review Employee is unable to obtain the Employee's cooperation in order to make this determination, a positive result will be reported to the Director.
Positive Results. Employees who admit to or who test positive for the presence of tobacco or nicotine use will be evaluated by an SAP. An SAP is a licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor. The SAP will evaluate the employee to determine what assistance, if any, the employee needs to resolve their problems associated with tobacco and nicotine use. After a positive tobacco and nicotine test, employees will be required to undergo treatment for tobacco or nicotine cessation. If an employee is not discharged, they must properly follow the tobacco or nicotine cessation program prescribed by the SAP and may be subject to unannounced follow-up tests for a period of up to five (5) years as determined by the SAP. After five (5) years from the date of an employee’s positive reasonable suspicion test for tobacco and nicotine use, if the employee has not had a second positive tobacco and nicotine use test, the first confirmed positive reasonable suspicion test for tobacco and nicotine use shall be removed from the employee’s file upon the request of the employee and shall not be considered in subsequent determination of discipline. Any employee who refuses tobacco or nicotine cessation treatment when required, or fails to comply with the regimen prescribed by the SAP for treatment, aftercare, or return to duty tests, shall be subject to disciplinary action, up to and including discharge. An employee who refuses to comply or to submit to a test may be disciplined pursuant to Article 18 of this Agreement.
Positive Results. Before a positive test is reported to the Town by the testing laboratory, the doctor who interprets the results ("Medical Review Officer") will consider whether the positive test result was caused by legal drug use (pursuant to
Positive Results. If the test results are positive for alcohol or for any controlled substance, the employee shall not be compensated for any time attributable to the test.