Common use of POSITIVE TESTS Clause in Contracts

POSITIVE TESTS. a. A positive test for alcohol must be confirmation test by an evidential breath testing device capable of printout and sequential numbering and must show an alcohol concentration of 0.02 grams of alcohol per 210 Liters of breath or greater. Such a test is positive even if that concentration is caused by prescribed medication. b. A positive test for controlled substances must be a confirmation test by gas chromatography/mass spectrometry techniques and must show one of the following: (1) 15 ng/ml (nanograms per milliliter) of marijuana metabolite; (2) 150 ng/ml of cocaine metabolite; (3) 300 ng/ml of either morphine or codeine; (4) 25 ng/ml of phencyclidine; or (5) 500 ng/ml of amphetamine or methamphetamine; (Note: Adjustments to these amounts shall occur if necessary to remain in compliance with Federal Regulations. The District shall notify the Association of any changes in these amounts prior to implementation. and, the medical review officer must conclude that there is no legitimate explanation, such as prescribed medication, for the result. c. No positive test for controlled substances shall be reported to the District until after: (1) The medical review officer has contacted the bargaining unit member directly, on a confidential basis, and given the bargaining unit member an opportunity to discuss the test results and the bargaining unit member’s medical history, including medication, in confidence; (2) Within 72 hours of the bargaining unit member’s notification that the test was positive, the bargaining unit member may request that the split sample be tested by a different forensic laboratory, certified by the Department of Health and Human Services; and (3) The remainder of the split sample has been tested and found to be positive, or no timely request for such a test is made by the bargaining unit member. (4) If the medical review officer concludes that there is a legitimate explanation for the positive test, such as prescription or over-the-counter medication or a negative result in the test of the remainder of the split sample, the medical review officer must report the test to the District as a negative test. (5) The medical review officer shall be a licensed physician with special training in substance abuse disorders, the medical use of prescription drugs and the pharmacology and toxicology of alcohol and controlled substances. The medical review officer shall not be an employee of the District. (6) The cut-off levels in this section are those required by FHWA regulation. They will be automatically adjusted to be consistent with changes, if any, in the levels specified by those regulations. (See 49 C.F.R. § 40.29, subd. (F).) The District will notify the Association of any changes in these cut-off levels prior to implementation.

POSITIVE TESTS. a. A positive test for alcohol must be confirmation test by an evidential breath testing device capable of printout and sequential numbering and must show an alcohol concentration of 0.02 grams of alcohol per 210 Liters of breath or greater. Such a test is positive even if that concentration is caused by prescribed medication. b. A positive test for controlled substances must be a confirmation test by gas chromatography/mass spectrometry techniques and must show one of the following: (1) 15 ng/ml (nanograms per milliliter) of marijuana metabolite; (2) 150 ng/ml of cocaine metabolite; (3) 300 ng/ml of either morphine or codeine; (4) 25 ng/ml of phencyclidine; or (5) 500 ng/ml of amphetamine or methamphetamine; (Note: Adjustments to these amounts shall occur if necessary to remain in compliance with Federal Regulations. The District shall notify the Association of any changes in these amounts prior to implementation. and, the medical review officer must conclude that there is no legitimate explanation, such as prescribed medication, for the result.. District until after: c. No positive test for controlled substances shall be reported to the District until after:the (1) The medical review officer has contacted the bargaining unit member directly, on a confidential basis, and given the bargaining unit member an opportunity to discuss the test results and the bargaining unit member’s medical history, including medication, in confidence; (2) Within 72 hours of the bargaining unit member’s notification that the test was positive, the bargaining unit member may request that the split sample be tested by a different forensic laboratory, certified by the Department of Health and Human Services; and (3) The remainder of the split sample has been tested and found to be positive, or no timely request for such a test is made by the bargaining unit member. (4) If the medical review officer concludes that there is a legitimate explanation for the positive test, such as prescription or over-the-counter medication or a negative result in the test of the remainder of the split sample, the medical review officer must report the test to the District as a negative test. (5) The medical review officer shall be a licensed physician with special training in substance abuse disorders, the medical use of prescription drugs and the pharmacology and toxicology of alcohol and controlled substances. The medical review officer shall not be an employee of the District. (6) The cut-off levels in this section are those required by FHWA regulation. They will be automatically adjusted to be consistent with changes, if any, in the levels specified by those regulations. (See 49 C.F.R. § 40.29, subd. (F).) The District will notify the Association of any changes in these cut-off levels prior to implementation.

POSITIVE TESTS. a. A positive test for alcohol must be confirmation test by an evidential breath testing device capable of printout and sequential numbering and must show an alcohol concentration of 0.02 grams of alcohol per 210 Liters of breath or greater. Such a test is positive even if that concentration is caused by prescribed medication. b. A positive test for controlled substances must be a confirmation test by gas chromatography/mass spectrometry techniques and must show one of the following: (1) 15 ng/ml (nanograms per milliliter) of marijuana metabolite; (2) 150 ng/ml of cocaine metabolite; (3) 300 ng/ml of either morphine or codeine; (4) 25 ng/ml of phencyclidine; or (5) 500 ng/ml of amphetamine or methamphetamine; (Note: Adjustments to these amounts shall occur if necessary to remain in compliance with Federal Regulations. .) The District shall notify the Association of any changes in these amounts prior to implementation. and, the medical review officer must conclude that there is no legitimate explanation, such as prescribed medication, for the result.. District until after: c. No positive test for controlled substances shall be reported to the District until after:the (1) The medical review officer has contacted the bargaining unit member directly, on a confidential basis, and given the bargaining unit member an opportunity to discuss the test results and the bargaining unit member’s medical history, including medication, in confidence; (2) Within 72 hours of the bargaining unit member’s notification that the test was positive, the bargaining unit member may request that the split sample be tested by a different forensic laboratory, certified by the Department of Health and Human Services; and (3) The remainder of the split sample has been tested and found to be positive, or no timely request for such a test is made by the bargaining unit member. (4) If the medical review officer concludes that there is a legitimate explanation for the positive test, such as prescription or over-the-counter medication or a negative result in the test of the remainder of the split sample, the medical review officer must report the test to the District as a negative test. (5) The medical review officer shall be a licensed physician with special training in substance abuse disorders, the medical use of prescription drugs and the pharmacology and toxicology of alcohol and controlled substances. The medical review officer shall not be an employee of the District. (6) The cut-off levels in this section are those required by FHWA regulation. They will be automatically adjusted to be consistent with changes, if any, in the levels specified by those regulations. (See 49 C.F.R. § 40.29, subd. (F).) The District will notify the Association of any changes in these cut-off levels prior to implementation.