Common use of Positive Results Clause in Contracts

Positive Results. 1. If the confirmatory drug test is positive, the MRO will use their best efforts to notify the employee by telephone for a verification interview. 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, or cannot be contacted within 3 business days pursuant to Section 21 B. the MRO will report the confirmed positive test results to the designated employee representative in Human Resources. 2. At the interview, the employee shall be provided an opportunity to provide the MRO with any prescriptions, 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. 3. 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. 4. Confirmed positive drug test and confirmed positive alcohol tests results are for administrative purposes only and shall not be used against the employee during any phase of any criminal proceeding. 5. An employee who questions the results of a required drug test may request that an additional test be conducted at a different USDHHS certified laboratory. The test must be conducted on the split sample that was provided at the same time as the original sample. The cost of the second test will be borne by the employee, unless the second test invalidates the first in which case, the City will fully reimburse the employee for the cost of the second drug screen test. 6. The method of collecting, storing, and testing the split sample will follow the Department of Transportation guidelines. The employee’s request for a split sample test must be made to the Medical Review Officer (MRO) within 3 business days of notice of the initial test result. Requests after 3 business days will be accepted only if the delay was due to documentable facts that were beyond the control of the employee. If the confirmation test results are positive, the testing laboratory will retain the sample a period of time to allow for additional testing and employee appeals.

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 their his/her best efforts to notify the employee Employee either in writing, sent to the Employee’s home address, or by telephone 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 Employee refuses to participate in the verification interview, or cannot be contacted within 3 business days pursuant to Section 21 B. the MRO will report the confirmed positive test results result to the designated employee representative in Human ResourcesResources Manager. 23. At the interview, the employee Employee shall be provided an opportunity to provide the MRO with any prescriptionsprescription 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. 34. The MRO shall contact the testing laboratory in an effort to verify that the prescription drug presented by the employee 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. 45. The MRO shall report the results of positive confirmation test results to the Human Resources Manager. Confirmed positive drug test and confirmed positive alcohol tests results are for administrative purposes only and shall not be used against the employee Employee during any phase of any criminal proceeding. 56. An employee who questions the results of Employee whose drug test result is a required confirmed positive drug test may request demand that an additional 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 conducted at 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 different USDHHS written notice to the Chief of Police and a written directive to the MRO who will then notify the SAMHSA-certified laboratorylaboratory that processed the random drug sample and issued the positive test result. b. The SAMHSA-certified laboratory that issued the positive test result shall, within seventy-two (72) hours after receiving such written directive by the Employee through the MRO, cause the second portion of the split urine sample to be delivered to the SAMHSA-certified laboratory chosen by the Employee for the second drug test. c. Appropriate chain of custody procedures described in Section G shall be closely followed in all cases. The alternate testing laboratory will be required to complete a Chain of Custody form. d. The MRO shall notify the Employee and the Chief of Police of the test must be conducted on the split sample that was provided at the same time as the original sample. The cost results within twenty-four (24) hours of completion of the second testing procedure. e. Re-testing expenses related to the second drug screen test shall be paid by the Employee. If the drug test result from the laboratory chosen by the Employee is negative, the original confirmed test shall be considered negative and no disciplinary action will be borne by the employee, unless the second test invalidates the first in which case, the initiated. The City will shall fully reimburse the employee Employee for the cost of the second drug screen test. 6. The method of collecting, storing, and testing the split sample will follow the Department of Transportation guidelines. The employee’s request for a split sample test must be made to the Medical Review Officer (MRO) within 3 business days of notice of the initial test result. Requests after 3 business days will be accepted only if the delay was due to documentable facts that were beyond the control of the employee. If the confirmation test results are positive, the testing laboratory will retain the sample a period of time to allow for additional testing and employee appealsresult is negative.