What Constitutes a Refusal to Take a Test Clause Samples

The "What Constitutes a Refusal to Take a Test" clause defines the specific actions or inactions that are considered a refusal to submit to required testing, such as drug or alcohol screening. This clause typically outlines behaviors like outright declining to take the test, failing to appear for testing at the designated time, or tampering with the testing process. By clearly specifying what counts as a refusal, the clause ensures that all parties understand the standards and consequences, thereby preventing ambiguity and supporting consistent enforcement of testing policies.
What Constitutes a Refusal to Take a Test. The following actions may constitute a refusal to take a drug or alcohol test: • Blatant refusal to submit to the testing procedure or engaging in any conduct that clearly obstructs the testing process; including being unavailable for testing; • Failure to provide an adequate amount of breath for an alcohol breath test without a valid medical reason; • Failure to sign the alcohol testing form; • Failure to submit to a confirmation test for alcohol after a positive result; • Failure to endorse items to verify chain of custody for any specimen; • Failure to provide sufficient amount of urine for a drug test without a valid medical reason; • Failure to provide necessary identification before submitting to test; • Failure to remain available for such testing.
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What Constitutes a Refusal to Take a Test. The following actions may constitute a refusal to take a drug or alcohol test: • Blatant refusal to submit to the testing procedure or engaging in any conduct that clearly obstructs the testing process; including being unavailable for testing; • Failure to provide an adequate amount of breath for an alcohol breath test without a valid medical reason; • Failure to sign the alcohol testing form; • Failure to submit to a confirmation test for alcohol after a positive result; • Failure to endorse items to verify chain of custody for any specimen; • Failure to provide sufficient amount of urine for a drug test without a valid medical reason; • Failure to provide necessary identification before submitting to test; • Failure to remain available for such testing. [245] J. Consequences of Refusal to Take a Test: The consequences for refusal to take a required drug or alcohol test are the same as if the employee had tested positive for drug or alcohol use, as listed in Section 10 of this Policy. In addition, the refusal shall constitute insubordination and the employee shall be subject to discipline.
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What Constitutes a Refusal to Take a Test. The following actions may constitute a refusal to take a drug or alcohol test: • Blatant refusal to submit to the testing procedure or engaging in any conduct that clearly obstructs the testing process; including being unavailable for testing; • Failure to provide an adequate amount of breath for an alcohol breath test without a valid medical reason; • Failure to sign the alcohol testing form; • Failure to submit to a confirmation test for alcohol after a positive result; • Failure to endorse items to verify chain of custody for any specimen; • Failure to provide sufficient amount of urine for a drug test without a valid medical reason; • Failure to provide necessary identification before submitting to test; • Failure to remain available for such testing. SUBSTANCE ABUSE POLICY TESTING PROCEDURES All drug testing will be done from urine specimens collected under highly controlled conditions at the following location: St. Raphael’s Occupational Health & Rehabilitation Services at 789-3530. Any bargaining unit member normally assigned to D Squad may be tested during his/her regular working hours on site at the New Haven Police Department. Personnel of St. Raphael’s Occupational Health will administer the test and adhere to all protocols associated with the random drug testing program, except for the change of location. The person collecting the urine sample will be the same gender as the employee submitting the sample. The collection site will be secured to prevent any tampering or switching of samples. The City reserves the right to change and/or add providers. Any D Squad bargaining unit employee may undergo random drug testing on any date during the fiscal quarter in which his/her name appears on a monthly generated random list. When the employee has submitted a specimen, the collection person will determine whether there is a sufficient amount of urine for testing. If there is not enough, the employee may be asked to drink fluids and wait until the employee is able to provide a sufficient amount of urine to test. The urine collected from each employee will be divided into two different sample containers. This is known as a split specimen collection. The person collecting the specimen will divide the specimen into the two containers in the presence of the employee and will label both accordingly. The employee must ensure that the split samples are both accurately marked with the correct identification. The primary sample is then tested for the presence of...
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