CONSEQUENCES OF A POSITIVE TEST Clause Samples
The "Consequences of a Positive Test" clause defines the actions and outcomes that follow if an individual receives a positive result from a specified test, such as a drug screening or medical examination. Typically, this clause outlines the steps the employer or contracting party will take, which may include suspension, mandatory counseling, or termination of employment, depending on the nature of the test and the agreement. By clearly stating the repercussions of a positive test result, this clause ensures all parties understand the potential risks and consequences, thereby promoting transparency and compliance with relevant policies or regulations.
CONSEQUENCES OF A POSITIVE TEST. An employee tested under a “reasonable suspicion” drug test and who tests positive for use of drugs as defined in Section 3(B) may be subject to immediate termination. However, any employee testing positive for the first time shall be allowed to enter a recognized certified rehabilitation program, in-state or out-of-state, in lieu of discipline with the full support and encouragement of the Commonwealth. An employee must provide documentation to the Department Head or his/her designee regarding entry into and successful completion of a drug rehabilitation program. Such documentation will indicate that the rehabilitation program is a certified, recognized program by the Massachusetts Department of Public Health. In addition, the employee shall provide the Department Head or his/her designee with proof of successful completion of said Rehabilitation program. The employee entering a Rehabilitation Program will sign the Rehabilitation Agreement with the Department (provided in Appendix DT-Article 30A) and abide by its terms and conditions. An employee’s seniority will not be interrupted by any in-patient or out-patient participation in a rehabilitation program as provided in this Article. The employee must successfully complete the rehabilitation program before returning to duty except as provided in Section 4F of this Article. Before being re-instated to duty the employee shall meet with the Department Head or his/her designee to discuss the Rehabilitation Program and its completion and to discuss assignment options. Such meeting(s) will be designed to assist the employee’s re-entry into the workplace. During any out-patient period of such rehabilitation program, an employee can continue to utilize accrued sick, vacation or other leave credits otherwise available to him/her by the Association-Employer Collective Bargaining Agreement to maintain compensation status. Regular compensation pursuant to the provisions of such Collective Bargaining Agreement shall not be received by an employee participating in an out-patient period of a rehabilitation program; provided, however, that if the Department Head or his/her designee receives from the rehabilitation program written communication advising that active work status is an affirmatively recommended component of the out-patient rehabilitation and that the employee is capable of that status, with full compensation as provided by the Association-Employer Collective Bargaining Agreement, and the Department Head or h...
CONSEQUENCES OF A POSITIVE TEST. The discipline for an employee, who tests positive for drugs, is set forth below:
CONSEQUENCES OF A POSITIVE TEST. Any test that indicates a positive presence of any prohibited drug may result in the initiation of the internal affairs/discipline process.
CONSEQUENCES OF A POSITIVE TEST. In the event the MRO reports the test results positive, an employee who tests positive for any of the drugs or alcohol referred to in this Policy may be subject to discipline, up to and including termination.
CONSEQUENCES OF A POSITIVE TEST. B6.1 In the event the MRO reports the test results positive, an employee who tests positive for any of the drugs or alcohol referred to in this Policy may be subject to discipline up to, and including, termination.
B6.2 Nothing in this Policy shall be construed to limit the City’s right to discipline/discharge a bargaining unit employee for engaging in serious criminal conduct, whether or not alcohol or drug-related.
B6.3 Nothing in this Policy shall be construed to limit or abridge any of the rights set forth in the collective bargaining agreement between the Association and the City and/or any rights provided by federal and state law.
CONSEQUENCES OF A POSITIVE TEST. A) Controlled Substances - Personnel who receive a verified positive test result for controlled substances, as defined on page 2, will be subject to termination. However, where the Officer's only violation is a positive test for use of a controlled substance and it is the Officer's first offense, the City may offer voluntary submission to the following alternative program:
1) up to a 45 day suspension without pay,
2) execution of a Rehabilitation Agreement and submission to treatment/rehabilitation,
3) placement in an administrative position and suspension of weapon carrying privileges upon return to work following suspension until certified by the treatment provider to be recovering and able to safely carry weapons, and
CONSEQUENCES OF A POSITIVE TEST. Refusal to Test Removal from Normal Duties Removal from Eligibility
CONSEQUENCES OF A POSITIVE TEST. If an employee’s alcohol concentration is 0.02 or more, but less than 0.039, the employee must be immediately removed from duty for at least 24 hours. If the employee’s alcohol concentration is
CONSEQUENCES OF A POSITIVE TEST. Applicants for employment who test positive for drugs will not be hired.
CONSEQUENCES OF A POSITIVE TEST. Any employee who has engaged in prohibited conduct shall be immediately removed from the performance of any work, and w ill not perform any work until: - He/she has been evaluated by a Substance Abuse Professional (“SAP”) who will determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use. - If the employee has been identified by a SAP as needing assistance in resolving problems associated with alcohol or controlled substances, the employee must be reevaluated by a SAP and receive a determination that the employee has followed the rehabilitation program prescribed by the original evaluating SAP. - He/she has undergone a return-to-duty test with a result indicating a breath alcohol level of less than 0.02 and a controlled substance test with a verified negative result. If the employee has been identified by a SAP as needing assistance in resolving problems associated with alcohol or controlled substances, the employee will be subject to unannounced follow-up testing after returning to duty. The employee will be tested a minimum of six (6) times within the first twelve (12) months of returning to work. Follow-up testing may be extended for up to 60 months following the employee’s return to duty. The cost of evaluation and rehabilitation shall be the responsibility of the employee except, to the extent possible, said activities and costs will be covered by the City of Buffalo Substance Abuse Program or the employee’s health insurance drug rider. The cost of return to work tests, if any, shall be borne by the Buffalo Sewer Authority. If an employee has a positive alcohol or drug test, the employee must be removed from his/her duties. - Following the first positive test result: Once the employee has been on unpaid status for a period of two weeks, he/she may opt to access accrued vacation or personal time credited to him/her during the remainder of time he/she is unable to work pursuant to this policy. - Following a second positive test result occurring within 5 years of the employee’s return to work after the first positive result: Once the employee has been on unpaid status for a period of 30 days, he/she may opt to access accrued vacation or personal time credited to him/her during the remainder of time he/she is unable to work pursuant to this policy. In addition to the above, in the event a CWA member engages in prohibited conduct, the Buffalo Sewer Authority Rules and Regulation...