Common use of Testing Determination Clause in Contracts

Testing Determination. Upon determining that a member must submit to testing (whether urinalysis for drugs or breath for alcohol) because reasonable belief has been established, the supervisor shall give the Member an opportunity, prior to the test, to request the presence of or to seek the advice from a Lodge representative. The member and the Lodge representative, if available, shall be given an opportunity to communicate any information or other explanation relevant to the circumstances to the supervisor. The supervisor shall then determine, after considering all of the circumstances, whether the test shall be administered. If the supervisor determines that a test shall be given, testing shall take place immediately after discussion with the member and the Lodge representative, if available, but no more than one hundred and twenty (120) minutes after the reasonable belief determination has been made, whichever is sooner. Should a Lodge representative not be readily available and the supervisor believes time is critical in determining whether or not the member is impaired, the supervisor may direct the member to submit to testing immediately. The Lodge representative, if available, may accompany the member to and be present with the member at the collection/testing site.