Common use of Re-Testing Clause in Contracts

Re-Testing. If an employee receives a confirmed positive test result from a urine or blood sample he/she provided, the employee may request, within seven (7) days of the date he/she is first informed of the results of the original test, a retest of the original urine or blood sample. The employee’s retest request must be in writing and directed to the Human Resources Department. The employee must pay for the requested retest. The employee is not permitted to submit a new urine or blood sample instead of having the original samples re-tested. The Company will request another urine sample be given by an employee when any test result is deemed negative but questionable by the testing laboratory or Medical Review Officer. The Company will pay for such a second test. In the case of a second negative but questioned test, the employee and the Medical Review Officer will meet to determine whether a valid, defensible reason exists for multiple negative but questionable test results. An employee is expected to cooperate with the Medical Review Officer to determine the reason for such test results and failure to cooperate will lead to termination. If the Medical Review Officer concludes that there is evidence of tampering with, or intentional dilution of urine samples, or other efforts to alter the test results, an employee will be terminated.