CONSEQUENCES OF POSITIVE TEST RESULTS Sample Clauses
The "Consequences of Positive Test Results" clause outlines the actions and repercussions that follow when an individual receives a positive result from a specified test, such as a drug screening or medical examination. Typically, this clause details the steps the employer or contracting party must take, which may include suspension, mandatory counseling, or termination, and may also specify notification procedures or appeal rights. Its core function is to establish clear expectations and procedures in the event of a positive test, thereby ensuring consistency, fairness, and legal compliance in handling such situations.
CONSEQUENCES OF POSITIVE TEST RESULTS. For post-Accident or reasonable suspicion, a Covered Employee shall be immediately removed from performing his or her job or, in the alternative, may be temporarily reassigned to work that is not safety-sensitive if such work is available. The Covered Employee shall be subject to disciplinary action, and shall meet with the SAPC, as set forth in Exhibit A, and section 10 below, if the Covered Employee:
1. Is confirmed to have tested positive for alcohol or drugs;
2. Refuses to Submit to testing; or
3. Has submitted a specimen that the testing laboratory report is an Adulterated or Substituted Specimen.
a. If the Union disagrees with the proposed disciplinary action, it may use the grievance procedure as set forth in the parties’ MOU, provided, however, that such a grievance must be initiated at the Employee Relations Director step, unless the parties otherwise mutually agree.
b. All proposed disciplinary actions imposed because of a positive drug/alcohol test(s) shall be administered pursuant to the disciplinary matrix set forth in Exhibit A. Subject to good cause, the City may impose discipline for conduct in addition to the discipline for a positive drug/alcohol test. The positive test may be a factor in determining good cause for such additional discipline.
c. In the event the City proposes disciplinary action, the notice of the proposed discipline shall contain copies of all laboratory reports and any other supporting documentation upon which the City is relying to support the proposed discipline.
CONSEQUENCES OF POSITIVE TEST RESULTS a. For reasonable cause/suspicion or post-accident, a covered employee shall be immediately removed from performing the safety-sensitive functions and shall be subject to disciplinary action if any of the following takes place: The covered employee:
1. Is confirmed to have tested positive for alcohol or drugs;
2. Refuses to be tested; or
3. Has submitted a specimen for which an approved testing laboratory reports the existence of an “adulterant”, interfering substance, masking agent or the sample is identified as a substituted specimen (as defined herein).
b. If the Union disagrees with the proposed disciplinary action, it may utilize the grievance procedure as set forth in the parties’ Memorandum of Understanding, provided, however, that such an appeal must be initiated at the Employee Relations Director step, unless the parties otherwise mutually agree.
c. All proposed disciplinary actions resulting from Consequences of Positive Drug/Alcohol Test(s) shall be administered pursuant to the disciplinary matrix contained herein.
CONSEQUENCES OF POSITIVE TEST RESULTS. 1. An employee who tests positive shall have the right to challenge the accuracy of the test results before any disciplinary procedures are invoked as specified in Section (E) (7) and the Departmental Grievance Procedure.
2. Consistent with the conditions of the appendix, the employer may take disciplinary action based on the test results as follows: Confirmed positive test - Employee is subject to discharge.
CONSEQUENCES OF POSITIVE TEST RESULTS a. For Reasonable Suspicion or Post-Accident, a Covered Employee shall be immediately removed from performing the employee’s job and shall be subject to disciplinary action and further follow-up as set forth in Exhibit A if any of the following takes place: The Covered Employee:
1. Is confirmed to have tested positive for alcohol or drugs;
2. Refuses to Submit to testing; or
3. Has submitted a specimen that the testing laboratory report is an Adulterated or Substituted Specimen.
b. If the Union disagrees with the proposed disciplinary action, it may use the grievance procedure as set forth in the parties’ respective MOU, provided, however, that such an appeal must be initiated at the Employee Relations Director step, unless the parties otherwise mutually agree.
c. All proposed disciplinary actions resulting from a positive drug/alcohol test(s) shall be administered pursuant to the disciplinary matrix set forth in Exhibit A. Notwithstanding the disciplinary matrix which applies to the violation of this Policy, the SFMTA may impose discipline based on the Covered Employee’s conduct, which may include consideration of whether the conduct at issue occurred while the employee was impaired by drugs or alcohol and/or whether the employee refused to test in addition to any discipline imposed under Exhibit A.
d. In the event the SFMTA proposes disciplinary action, the notice of the proposed discipline shall contain copies of all available laboratory reports received by the SFMTA from its contractors or subcontractors.
e. Employees may voluntarily consult with EAP for assistance.
CONSEQUENCES OF POSITIVE TEST RESULTS. For post-Accident or reasonable suspicion, Covered Employees shall be immediately removed from performing their job or, in the alternative, may be temporarily reassigned to work that is not safety-sensitive if such work is available. The Covered Employee shall be subject to disciplinary action, and shall meet with the SAPC, as set forth in Exhibit A, and section 10 below, if the Covered Employee:
CONSEQUENCES OF POSITIVE TEST RESULTS a. For reasonable cause/suspicion or post-accident, a covered employee shall be immediately removed from performing her or his safety-sensitive functions and shall be subject to disciplinary action if any of the following takes place:
b. The covered employee:
(1.) Is confirmed to have tested positive for alcohol or drugs; (2.) Refuses to be tested; or
CONSEQUENCES OF POSITIVE TEST RESULTS. An employee who tests positive shall have the right to challenge the accuracy of the test results. Such employee shall be subject to unannounced testing for a period of one year following the inception of treatment. If the employee violates the terms of treatment or again test positive during such period, he/she shall be subject to immediate discharge.
CONSEQUENCES OF POSITIVE TEST RESULTS. 20.6.1 Reporting for work with alcohol in excess of .02 grams/100 ml in the bloodstream will be a basis for disciplinary action consistent with Article 17.
20.6.2 An employee who has tested positive for the presence of illegal drugs or alcohol pursuant to this Section may be disciplined for just cause or may be referred to an employee assistance program or appropriate drug or alcohol counseling/treatment, as deemed appropriate by the Employer. Employees may use accrued leave for counseling and treatment.
20.6.3 An employee who tests positive shall have the right to challenge the accuracy of the test results. Such employee shall be subject to unannounced testing for a period of one
(1) year following the inception of treatment. If the employee violates the terms of treatment or again tests positive during such period, he/she shall be subject to discipline, up to and including discharge.
CONSEQUENCES OF POSITIVE TEST RESULTS a. An employee who has tested positive for the presence of intoxicants and/or controlled substances pursuant to this Article may be referred to the Employee Assistance Program or drug and alcohol counseling. An employee's participation in the Employee Assistance Program or in drug or alcohol counseling will be considered in determining what, if any, disciplinary action may be taken.
b. Employees under this agreement hold safety sensitive positions, and any employee who tests positive may be subject to unannounced testing for a one (1) year period following the positive test. If the employee violates the terms of agreed to treatment or again tests positive during such a period, he or she shall be subject to immediate discipline, which may include discharge.
c. Employees who provide a sample that is positive for a controlled substance will be disciplined, which may include discharge.
CONSEQUENCES OF POSITIVE TEST RESULTS a. An employee who has tested positive for the presence of intoxicants or controlled substances pursuant to this Appendix shall be referred to the Employee Assistance Program or drug or alcohol counseling. An employee's participation in the Employee Assistance Program or in drug or alcohol counseling will be considered in determining what, if any, disciplinary action may be taken.
b. An employee who has tested positive may be subject to unannounced testing for a one (1) year period following the date of the positive test. If the employee violates the terms of agreed-to treatment or again tests positive during this period, she or he will be subject to immediate discipline, which may include discharge.