Refusal To Be Tested Clause Samples
The 'Refusal To Be Tested' clause establishes the consequences and procedures that apply when an individual declines to undergo a required test, such as for drugs, alcohol, or other compliance-related screenings. Typically, this clause outlines what constitutes a refusal, the steps that follow such a refusal, and the potential disciplinary actions or penalties that may result, such as suspension or termination of employment. Its core function is to ensure compliance with testing policies by clearly defining the ramifications of non-cooperation, thereby supporting workplace safety and regulatory adherence.
Refusal To Be Tested. 1. Should a teacher refuse to be tested under this proposal, the teacher will be considered to have received a positive result on a drug or alcohol test.
2. Refusal to submit to an alcohol or controlled substance test shall be considered as: (1) the failure to provide adequate breath for alcohol testing as required by this proposal without a valid and verified medical explanation after he or she has received notice of the requirement for breath testing under this proposal; (2) the failure to provide an adequate urine sample for controlled substances testing as required by this proposal without a genuine inability to provide a specimen (as determined by a medical evaluation by an evaluator of the District’s choosing) after he or she has received notice of the requirement for urine testing under this proposal; (3) engages in any conduct which clearly obstructs the testing process in the District’s determination. A refusal to submit shall be considered a positive test result.
Refusal To Be Tested. 1. Should a principal refuse to be tested under this proposal, the principal will be considered to have received a positive result on a drug or alcohol test.
Refusal To Be Tested. If a driver or employee refuses to be tested, the driver or employee is treated the same as if he or she had received a positive test result. A driver or employee refuses to submit to testing when he or she:
(1) fails to provide adequate breath for testing without a valid medical explanation after receiving notice of the requirement for breath testing; or
(2) fails to provide an adequate urine sample for controlled substances testing without a valid medical explanation after receiving notice of the requirement for urine testing; or
(3) engages in conduct that obstructs the testing process, including adulteration of specimen. A driver or employee who refuses to test is subject to sanctions for positive test results.
Refusal To Be Tested. Any Subcontractor personnel who refuses to sign a consent form or submit to testing will not be allowed to work on any JCI project.
Refusal To Be Tested. When the police officer refuses to be tested, the police officer is treated the same as if he or she had received a positive test result. A police officer refuses to submit to testing when he or she:
(a) fails to provide adequate breath for testing without a valid medical explanation after receiving notice of the requirement for breath testing; or
(b) fails to provide adequate urine for controlled substances testing without a valid medical explanation after receiving notice of the requirement for urine testing; or
(c) engages in conduct that obstructs the testing process.
Refusal To Be Tested. A refusal to be tested for alcohol or controlled substances constitutes a violation of Town policy and will be interpreted in the same way as a positive test for alcohol or controlled substances. The Town reserves the right to take additional disciplinary actions against a driver who refuses to be tested.
Refusal To Be Tested. Refusal to submit (to an alcohol or controlled substance test) - An employee:
Refusal To Be Tested. When the firefighter refuses to be tested, the firefighter is treated the same as if he or she had received a positive test result. A firefighter refuses to submit to testing when he or she:
(1) fails to provide adequate breath for testing without a valid medical explanation after receiving notice of the requirement for breath testing; or
(2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after receiving notice of the requirement for urine testing; or
(3) engages in conduct that obstructs the testing process.
6.1 A copy of these procedures shall be given to all firefighters.
6.2 When reasonable suspicion testing, follow-up testing or return-to-duty testing is authorized, at least one supervisor shall accompany the firefighter to the collection site.
6.3 When random testing is authorized, a supervisor may, but is not required, to accompany a firefighter to the collection site.
6.4 When a firefighter has been identified for testing, the firefighter will be instructed to proceed immediately to the designated collection site. Once the firefighter has been notified to take a test, unless he or she is hospitalized, no sick or other leave may be authorized until the collection process is completed.
6.5 At the collection site, firefighters are required to present photo identification.
6.6 When alcohol testing is required or authorized, a saliva or breath test shall be administered by the collector also known as a Breath Alcohol Technician (BAT) to detect the presence of alcohol.
6.6.1 Initial and confirmatory tests may only be administered with devices meeting the requirements of the National Highway Traffic Safety Administration's (NHTSA's) Model specifications for Alcohol Screening Devices.
6.6.2 An alcohol screen with a result of 0.02 grams/210 liters or greater shall be followed by a confirmation test that provides quantitative data of alcohol concentration.
6.2.3 A firefighter shall follow the instructions of the BAT and shall not eat, drink, put any object or substance into his or her mouth, and, to the extent possible, not belch during the waiting period before the confirmation test.
6.2.4 A confirmatory alcohol test shall not be conducted in less than 15 minutes nor more than 20 minutes from an alcohol screen with a result of 0.02 grams/210 liters or greater.
6.2.5 If the firefighter is unable to provide a sufficient amount of breath after reasonable attempts to do so, testing shall be discontinued and...