Common use of First Positive Clause in Contracts

First Positive. An employee who tests positive for substance abuse a first time and who enters any required or recommended EAP within 30 days will make the employee eligible for immediate reinstatement provided (1) the Contractor has work available, (2) the employee continues in any EAP or recommended aftercare program and (3) the employee takes and passes a drug screen test at personal cost through the TPA. The employee will be reinstated on Active Status as long as the employee complies with the terms of the treatment program. An employee, who has tested positive and successfully completed counseling, rehabilitation or other treatment under this Program, will be subject to unannounced drug testing (in addition to testing set forth above) for a period of one year as a condition of being on Active Status. In the event an employee refuses to enter or enters but fails to adhere to a required aftercare program he/she will be placed on Inactive Status and may be subject to discharge. Employees, who are not eligible for EAP assistance through the applicable Health Fund, will pay for the costs, if any, of rehabilitation testing. Any employee determined to have been involved in switching, adulterating, tampering with, or attempting to switch, adulterate or tamper with a specimen for testing, or otherwise interfering with the specimen collection and or testing process will be treated the same as if the employee had a positive test result. An employee who has three (3) diluted test results in connection with one (1) random selection will be treated as if the employee had a positive test result under this paragraph unless the diluted test results are the product of legitimate medical reasons as verified by a medical doctor. An employee who provides three consecutive diluted tests shall be placed on inactive status. An employee placed on inactive status due to providing a third diluted test only need provide a negative test to achieve reinstatement and need not attend an EAP. The cost of testing to achieve reinstatement pursuant to a third diluted test shall be borne by the employee. An employee who provides a diluted test must submit to re-testing as soon as possible, but at a maximum within 24 hours of the Contractor’s receipt of notice of the diluted test.