Common use of Confirmatory Testing Clause in Contracts

Confirmatory Testing. A. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from no more than two (2) of the three (3) containers collected in the manner prescribed above. B. In the event the second test confirms the results of the first test, the Employer may proceed with the sanctions as set forth in Section 10.6 of this article. C. In the event that the second test contradicts the result of the first test, the Employer may request a third test in accordance with the procedures prescribed above. The results of this test, if positive, shall allow the Employer to proceed with sanctions as set forth in this article. If the results are negative, the employee shall be given the benefit of the doubt and no sanctions shall be imposed. D. In the event that any two (2) test results are positive, the employee is entitled to have the sample in the third container tested in the manner prescribed above at the employee’s expense. The results of this test, whether positive or negative, shall be determinative.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement