Common use of Right to Test Clause in Contracts

Right to Test. The Employer may require, as a condition of employment or continued employment, any employee or potential employee to submit to “fitness for duty testing” or in the case of an existing specific employee, if the Employer has bona fide rationale/justification for such testing. Fitness for duty testing may include drug testing, but in no case will drug testing be conducted at random, and other testing done in connection with federal, state, or local regulations or mandated protocols, or as may be required by an underlying governmental services contract. Such testing shall be done by a health care provider of the Employer's choosing and at the Employer’s expense. The Employer may, in whole or in part, rely upon the results of any such examination in evaluating compliance with Employer, federal, state, or local policy or those of the contract governmental agency, the ability of the employee or potential employee to perform efficiently, effectively, and safely and may accommodate, retract any offer of employment, disqualify, or take other action deemed appropriate by the Employer.