Common use of First Positive Test Result Clause in Contracts

First Positive Test Result. i. The Employer may discharge an Employee for whom a positive test result on a confirmatory test was the first such result for the Employee. However, the Employer may not discharge the Employee from employment unless the following conditions have occurred: (a) The Employer has first given the Employee an opportunity to participate in, at the Employee’s own expense or pursuant to coverage under an Employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the Employer after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and (b) If the Employee refuses to participate in the counseling or rehabilitation program, the Employer shall suspend the Employee from employment without pay for 5 working days to provide the Employee an opportunity to reconsider the Employee's decision. If at the conclusion of the Employee's suspension without pay, the Employee has not begun to participate in the counseling or rehabilitation program, the Employee shall be discharged from employment, or (c) If the Employee has failed to successfully complete the counseling or rehabilitation program, the Employee shall be discharged from employment. Withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program will be considered evidence the Employee failed to successfully complete the program. ii. However, the Employer may discipline but not discharge an Employee for whom a positive test result on a confirmatory test was the first such result for the Employee, if the Employer determines that no counseling or rehabilitation program is appropriate.

First Positive Test Result. i. a. The Employer may discharge an Employee for whom a positive test result on a confirmatory test was the first such result for the Employee. However, the Employer may not discharge the Employee from employment unless the following conditions have occurred: (a) i. The Employer has first given the Employee an opportunity to participate in, at the Employee’s 's own expense or pursuant to coverage under an Employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the Employer after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and (b) ii. If the Employee refuses to participate in the counseling or rehabilitation program, the Employer shall suspend the Employee from employment without pay for 5 five (5) working days to provide the Employee an opportunity to reconsider the Employee's decision. If at the conclusion of the Employee's suspension without pay, the Employee has not begun to participate in the counseling or rehabilitation program, the Employee shall be discharged from employment, or (c) iii. If the Employee has failed to successfully complete the counseling or rehabilitation program, the Employee shall be discharged from employmentEmployment. Withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program will be considered evidence the Employee failed to successfully complete the program. ii. b. However, the Employer may discipline but not discharge an Employee for whom a positive test result on a confirmatory test was the first such result for the Employee, if the Employer determines that no counseling or rehabilitation program is appropriate.

First Positive Test Result. i. The Employer may discharge an Employee for whom a positive test result on a confirmatory test was the first such result for the Employeeemployee. However, the Employer may not discharge the Employee from employment unless the following conditions have occurred: (a) The Employer has first given the Employee an opportunity to participate in, at the Employee’s own expense or pursuant to coverage under an Employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the Employer employer after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and (b) If the Employee refuses to participate in the counseling or rehabilitation program, the Employer shall suspend the Employee from employment without pay for 5 working days to provide the Employee an opportunity to reconsider the Employee's decision. If at the conclusion of the Employee's suspension without pay, the Employee has not begun to participate in the counseling or rehabilitation program, the Employee shall be discharged from employment, or (c) If the Employee has failed to successfully complete the counseling or rehabilitation program, the Employee shall be discharged from employmentEmployment. Withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program will be considered evidence the Employee failed to successfully complete the program. ii. However, the Employer may discipline but not discharge an Employee for whom a positive test result on a confirmatory test was the first such result for the Employee, if the Employer determines that no counseling or rehabilitation program is appropriate.