Common use of Testing Positive Clause in Contracts

Testing Positive. a. In the case of a “positive” test result, the employee will be so advised by the appropriate representative of the laboratory conducting the test, on a confidential basis, prior to the reporting of the results to the Employer, and the employee will have the right to discuss and explain the results, including the right to advise the laboratory representative of any medication prescribed by his/her own physician, which may have affected the results of the test. b. An employee testing “positive” will have the right to ask for a retest of the original specimen within two (2) program days of receiving the initial test result. Such requests shall be in writing, signed, dated and shall be presented to the drug Program Coordinator. The laboratory performing such a test shall be certified by the national Institute on Drug Abuse and chosen by the employee. c. Any such retest shall be at the expense of the employee. d. In the event the employee’s independent retest is negative the employee will notify the Board and will be reimbursed the cost of the retest and credited any earned leave used. e. An employee request for a retest shall not delay the imposition of appropriate action of the Board or referral to an alcohol and/or drug abuse assistance. f. ALL test results pertaining to a given alcohol or drug test shall be maintained in the employee’s confidential medical file. g. In the event of a positive test result, the employee may be subject to disciplinary action.