Common use of Testing Positive Clause in Contracts

Testing Positive. ‌ In the event an employee tests positive for drugs, a second more specific test on the same sample shall be made. If the employee tests positive, he/she shall be referred for immediate and appropriate treatment and counseling, and be subject to the terms of a last chance agreement as identified in the Substance Abuse Policies. Such employee shall be subject to unannounced testing for a period of two (2) years following the release to return to work. If the employee violates the terms of the treatment or tests positive during such period, he/she shall be subject to termination. Probationary employees who test positive shall be subject to the provisions of Article 22, Section 5. Test results may not be used in a criminal prosecution of the employee without the employee's consent unless otherwise compelled by subpoena.

Testing Positive. ‌ In the event an employee tests positive for drugs, a second more specific test on the same sample shall be made. If the employee tests positive, he/she shall be referred for immediate and appropriate treatment and counseling, and be subject to the terms of a last chance agreement as identified in the Substance Abuse Policies. Such employee shall be subject to unannounced testing for a period of two (2) years following the release to return to work. If the employee violates the terms of the treatment or tests positive during such period, he/she shall be subject to termination. Probationary employees who test positive shall be subject to the provisions of Article 22, Section 5. Test results may not be used in a criminal prosecution of the employee without the employee's consent unless otherwise compelled by subpoena.