Common use of Testing Positive Clause in Contracts

Testing Positive. 32 1. In the case of a “positive” test result, the employee will be 33 so advised by the appropriate representatives of the laboratory 34 conducting the test, on a confidential basis, prior to the reporting of 35 the results to the Employer, and the employee will have the right to 36 discuss and explain the results, including the right to advise the 37 laboratory representative of any medication prescribed by his/her 38 own physician, which may have affected the results of the test. 1 2. An employee testing “positive” will have the right to have 2 the secured portion of his/her urine or blood sample independently 3 retested by a HHS-certified laboratory of his/her choice and at 4 his/her expense. If the independent retest is “negative” the employee 5 will be permitted to resume work immediately and be reimbursed for 6 the cost of such independent test. 7 8. The Board shall encourage and refer the employee to participate in 8 drug and/or alcohol counseling, employee assistance, rehabilitation, 9 and other drug and alcohol abuse treatment programs. Employees 10 who have tested “positive” under these procedures will be 11 encouraged to accept a referral to such a Program.