Common use of Refusal to Submit Clause in Contracts

Refusal to Submit. Refusal to submit to any of the alcohol or controlled substance tests required by this Article will result in the employee's immediate removal from the any Employer functions and may result in disciplinary action. Refusal will be treated as a positive test and the employee will be referred to a counseling program and subject to return-to-duty and follow-up testing. Actions constituting a refusal to submit to a test include: 1. Failing to provide adequate breath for alcohol testing; 2. Failing to provide adequate urine for controlled substance testing; 3. Engaging in conduct that clearly obstructs the testing procedure; 4. Failing to remain readily available for a post-accident test.