Consequences of a Positive Test Result Sample Clauses
The "Consequences of a Positive Test Result" 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 steps like suspension from duties, mandatory retesting, or initiation of disciplinary procedures, and may specify notification requirements or support measures. Its core practical function is to establish clear procedures and expectations in the event of a positive test, thereby ensuring consistency, fairness, and compliance with relevant policies or regulations.
Consequences of a Positive Test Result a. No employee will be discharged because of a first verified positive test result (to include refusal to test) except pursuant to D.4.d(2) above. Instead, the employee will be required to submit to EAP evaluation and, if recommended, will have a one-time opportunity to enter a treatment program. Such employees remain subject to corrective action, up to and including discharge, for independent reasons.
b. An employee who has a second verified positive test result within three years of the first such result or on a Company-administered test conducted after that period, normally will be discharged from employment.
Consequences of a Positive Test Result. No employee will be discharged because of a first verified positive test result (to include refusal to test) except pursuant to D.4.d(2) above. Instead, the employee will be required to submit to EAP evaluation and, if recommended, will have a one-time opportunity to enter a treatment program. Such employees remain subject to corrective action, up to and including discharge, for independent reasons.
Consequences of a Positive Test Result. 21.12.1 Any unit member who fails his/her drug or alcohol test shall be subject to immediate disciplinary action up to and including dismissal; except that any permanent unit member who tests positive and who, based on his/her work assignment, does not pose a threat to the health, safety or welfare of District students, personnel, or the public, and who requests placement in an employee assistance program, shall not be subject to disciplinary action as a result of a positive test. The District may require the unit member to be tested again thirty (30) and sixty (60) days following the positive test. After the initial positive test, if the unit member who tested positive tests positive again within two (2) years from the initial positive test, he/she shall be subject to immediate disciplinary action, up to and including dismissal.
21.12.2 Any unit member who falls his/her drug or alcohol test shall be immediately suspended from his/her duties, or reassigned away from his/her normal duties for a maximum thirty (30) days from the date of the positive test, at the District's discretion.
21.12.3 The District, at its discretion, in lieu of immediate disciplinary action, may do any of the following:
a. Require the unit member to agree to periodic drug and alcohol screening during the following nine (9) months;
b. Require the unit member to participate in a "drug or an alcohol rehabilitation program," on such terms and conditions as the District may require; or,
c. Place the unit member on a leave of absence, with or without pay, in accordance with District leave provisions.
d. Factors which shall be considered by the District in determining the appropriateness of action other than disciplinary action shall include:
1. The welfare and needs of the pupils of the District;
2. The unit member's employment history;
3. The availability of substitute employees;
4. The seriousness of the drug or alcohol problem;
5. The willingness of the unit member to participate in a drug or alcohol rehabilitation program; and,
6. The unit member's agreement to submit to further drug or alcohol testing.
21.12.4 The goal is to rehabilitate the unit member. However, if the unit member fails a subsequent drug or alcohol test or fails to successfully complete a rehabilitation program or any other term or condition required of the unit member, the unit member will be subject to disciplinary action up to and including dismissal.
21.12.5 Before any unit member who tested positive can return t...
Consequences of a Positive Test Result. (1) First ‘Strike’
Consequences of a Positive Test Result. 1) An employee who tests positive is subject to discipline which can include termination of employment. Recognizing that drug and alcohol abuse are treatable, employees who enter into a treatment program will be granted medical leave and will be returned to work after successful completion of the treatment program. In those circumstances, the following will normally occur: The employee agrees to follow all recommendations made by the designated programs as applicable under state and federal law. The employee will be required to sign a return to work agreement and successfully complete any recommendations including aftercare (See attached return-to-work agreement).
Consequences of a Positive Test Result. 17 a. No employee will be discharged because of a first verified positive test 21 treatment program. Such employees remain subject to corrective 22 action, up to and including discharge, for independent reasons.
24 b. An employee who has a second verified positive test result within 25 three years of the first such result or on a Company-administered 26 test conducted after that period, normally will be discharged from 27 employment. 28
Consequences of a Positive Test Result. If an employee tests positive for drugs or alcohol in a urine or breath alcohol test conducted pursuant to the procedure set forth herein, the employer may take disciplinary action for proper cause and rely on the positive test result in conjunction with the employee's observed behavior at the time that the test was ordered. Departments shall consider the appropriateness of the employee voluntarily entering and completing an alcohol/drug abuse treatment program in lieu of or to mitigate the severity of discipline. Any disciplinary action taken as a result of a positive drug test in conjunction with the employee's observed behavior on the job shall be subject to dispute through the same procedures that would govern any other disciplinary action.
Consequences of a Positive Test Result. A. If the applicant has a positive drug test, he/she shall be medically disqualified from the position for which the test was done.
B. The applicant shall be notified of this disqualification by means of the Medical Examination Results card normally used for reporting of medical examination results to the applicant.
C. Notification of a disqualification for a positive test shall include information pertaining to the right to appeal and to have the specimen tested by a laboratory selected by the employee.
D. For existing employees who are working in a sensitive position and are undergoing a preplacement medical examination for a position for which testing is required, a positive drug test result shall be reported to the employee's current department. The MRO shall meet with and evaluate the employee. The MRO shall determine whether the employee is in need of a drug rehabilitation/treatment program. If a program is needed, the MRO shall recommend the appropriate type of program. The employee must voluntarily enter and successfully complete an appropriate treatment/rehabilitation program. Refusal to do so may subject the employee to discipline up to and including discharge.
E. For existing employees who are not currently working in a sensitive position and have a positive test, the MRO shall meet with and evaluate the employee. The MRO shall determine whether the employee is in need of a drug rehabilitation/treatment program. If a program is needed, the MRO shall recommend the appropriate type of program. If the employee enters and successfully completes the program, no report of the positive test shall be sent to the employee's current department and no disciplinary action shall result from the positive test.
F. Disciplinary action in which the drug test result was a factor shall be subject to dispute through the same procedures that would govern any other disciplinary action.
Consequences of a Positive Test Result. 23
a. No employee will be discharged because of a first verified positive test result (to include 25 refusal to test) except pursuant to D.4.d(2) above. Instead, the employee will be required 26 to submit to EAP evaluation and, if recommended, will have a one-time opportunity 27 to enter a treatment program. Such employees remain subject to corrective action, up to 28 and including discharge, for independent reasons. 29 30
b. An employee who has a second verified positive test result within three years of the first 31 such result or on a Company-administered test conducted after that period, normally 32 will be discharged from employment. 33
Consequences of a Positive Test Result. Following Reasonable Suspicion Testing