Common use of Voluntary Drug Testing Clause in Contracts

Voluntary Drug Testing. An employee who has a substance abuse problem may submit voluntarily to drug testing prior to testing directed by the Deputy Chief Administrative Judge (Courts Outside New York City). Upon positive testing, he/she shall submit to the program outlined in subsection (b)(1) provided he/she is not subject to disciplinary charges for reasons other than positive testing. (b) Positive testing is prima facie evidence of misconduct and may be cause for disciplinary action. Prior to the institution of disciplinary proceedings, a preliminary meeting shall be held with a representative of the Deputy Chief Administrative Judge (Courts Outside New York City), the employee and his/her representative to determine whether the employee chooses to participate in a voluntary program of rehabilitation and the terms of such program. If the employee chooses not to participate, he/she shall be subject to formal disciplinary proceedings.