Common use of Testing Procedures and Guarantees Clause in Contracts

Testing Procedures and Guarantees. The College will provide transportation to the licensed medical facility to obtain bodily fluid or material samples. In conducting the testing authorized by this Agreement, the College shall: A. Use only a clinical laboratory, hospital facility or other facility, which is certified to perform drug and/or alcohol testing. The licensed medical facility will serve as a collection site and qualified laboratories will conduct the required testing of samples. B. Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. C. Collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test, and a sufficient amount to be set aside reserved for later testing if requested by the employee. D. Collect samples in such a manner as to preserve the individual employee’s right to privacy while ensuring a high degree of security for the sample and its freedom from adulteration. E. Confirm any sample that tests positive in initial screening for drugs by testing the second portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent or better scientifically accurate and acceptable method that provides quantitative data about the detected drug or drug metabolites. F. Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory, hospital facility, or other certified facility, of the employee’s choosing, at the employee’s own expense provided the employee notifies the College within seventy-two (72) hours of receiving the results of the test. G. Require that the laboratory, hospital facility, or other certified facility, report to the College that a blood or urine sample is positive only if both initial screening and confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the College inconsistent with the understanding expressed herein (i.e., billing for testing that reveals the nature or number of tests administered), the College will not use such information in any manner or form adverse to the employee’s interests. H. Require that with regard to alcohol testing, of the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of four hundredths (.04%) or more based upon the gram of alcohol per one hundred (100) millimeters of blood shall be considered positive. A test result that indicates a four hundredths (.04%) blood alcohol level or more based upon the gram of alcohol per one hundred (100) millimeters will be considered a positive test. No consequences will attach to any result below a four hundredths (.04%) level. I. Provide each employee tested with a copy of all information and reports received by the College in connection with the testing and results. J. Ensure that no employee is the subject of any adverse employment action except temporary reassignment or relief of duty while the test results are pending. K. Subject to the reasonable requirements of the laboratory, the Lodge shall have the right, upon reasonable request made to the laboratory, to inspect and observe any aspect of the drug-testing program, with the exception of the individual test results. The Lodge may inspect individual test results, if the release of such information is authorized, in writing, by the affected employee.

Testing Procedures and Guarantees. The College will provide transportation to the licensed medical facility to obtain bodily fluid or material samples. In conducting the testing authorized by this Agreement, the College shall: A. a. Use only a clinical laboratory, hospital facility or other facility, which is certified to perform drug and/or alcohol testing. The licensed medical facility will serve as a collection site and qualified laboratories will conduct the required testing of samples. B. b. Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. C. c. Collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test, and a sufficient amount to be set aside reserved for later testing if requested by the employee. D. d. Collect samples in such a manner as to preserve the individual employee’s right to privacy while ensuring a high degree of security for the sample and its freedom from adulteration. E. e. Confirm any sample that tests positive in initial screening for drugs by testing the second portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent or better scientifically accurate and acceptable method that provides quantitative data about the detected drug or drug metabolites. F. f. Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory, hospital facility, or other certified facility, of the employee’s choosing, at the employee’s own expense provided the employee notifies the College within seventy-two (72) hours of receiving the results of the test. G. g. Require that the laboratory, hospital facility, or other certified facility, report to the College that a blood or urine sample is positive only if both initial screening and confirmation tests are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the College inconsistent with the understanding expressed herein (i.e., billing for testing that reveals the nature or number of tests administered), the College will not use such information in any manner or form adverse to the employee’s interests. H. h. Require that with regard to alcohol testing, of the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of four hundredths (.04%) or more based upon the gram of alcohol per one hundred (100) millimeters of blood shall be considered positive. A test result that indicates a four hundredths (.04%) blood alcohol level or more based upon the gram of alcohol per one hundred (100) millimeters will be considered a positive test. No consequences will attach to any result below a four hundredths (.04%) level. I. i. Provide each employee tested with a copy of all information and reports received by the College in connection with the testing and results. J. j. Ensure that no employee is the subject of any adverse employment action except temporary reassignment or relief of duty while the test results are pending. K. k. Subject to the reasonable requirements of the laboratory, the Lodge shall have the right, upon reasonable request made to the laboratory, to inspect and observe any aspect of the drug-testing program, with the exception of the individual test results. The Lodge may inspect individual test results, if the release of such information is authorized, in writing, by the affected employee.