Common use of Positive Test Clause in Contracts

Positive Test. Result‌ An employee whose confirmation alcohol or drug test is a "positive test" will be considered in violation of the BOARD's Rules and Regulations. The initial test will be considered only as a test to determine whether there is a possibility of the presence of alcohol or drugs in the employee's system. It is recognized that this test is not a reliable indicator and that individuals can test positive on this test and have no such substances in their system. For this reason, results of the initial test will not be placed in an employee's personnel file and no record of the positive reading on the initial test will be maintained. However, when a positive reading on the initial test is recorded, the confirmation test will be rerun. A "positive test" for alcohol or an illegal drug means to have the presence of alcohol, an illegal drug and/or a drug metabolite in the employee's system, as determined by appropriate testing of a bodily specimen, that is equal to or greater than the levels specified in the Ohio Administrative Code, Ohio Revised Code, United States Code, and/or United States Department of Transportation Regulations. "Illegal drug (or drug)" means a controlled substance as defined by Section 802(6) of Title 21 of the United States Code, the possession of which is unlawful under Chapter 13 of that Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.