Common use of Contestability Clause in Contracts

Contestability. Any employee or job applicant who receives a positive confirmed drug test result may contest or explain the result to the U.C.’s MRO within five (5) working days after written notification of the positive test result is received. If an employee or applicant’s explanation or challenge of the positive test result is deemed unsatisfactory by the MRO, the MRO will notify the U.C. The employee or applicant may submit information to the U.C. DER (designated employer representative) explaining or contesting the test results and why the results do not constitute a violation of the Company policy. If the employee or applicant’s explanation or challenge is unsatisfactory, the employee/applicant will receive written notification within fifteen (15) days after receipt of the explanation or challenge, explaining as to why the explanation is unsatisfactory. A copy of the drug test report may be requested and will be made available upon request. Any employee or job applicant whose explanation or challenge was deemed unsatisfactory has the right to appeal by undertaking an administrative challenge by filing a claim for benefits with the judge of compensation pursuant to Chapter 440, Florida Statutes; or if no workplace injury has occurred, the person may challenge the test result in a court of competent jurisdiction. The employee or job applicant has the responsibility of notifying the drug testing laboratory of any administrative or civil action brought pursuant to Chapter 440, Florida Statutes. The lab will maintain the specimen until the case or administrative appeal is settled.