1.24. A copy of the results of any drug and/or alcohol test will be provided to the Health and Safety Manager or Operations Manager and may be provided to any client/customer of the Company who requests them if the testing has been undertaken at the client/customer’s request. Results may be used in evidence or disclosed in disciplinary or legal proceedings. In all other respects, material and information used or obtained from testing will be kept strictly confidential.
1.25. Employees/Contractors should note that the test may not measure the degree to which he/she is under the influence of drugs or alcohol. If a test indicates the presence of drugs or alcohol, then the Company will presume the Employee/Contractor is at risk of being under the influence of drugs or alcohol in breach of this Policy.
1.26. If an Employee/Contractor tests positive for drugs, and the Company proposes to refer them to an appropriate service for rehabilitation treatment, or pursue disciplinary action/terminate the Contractor’s engagement, then the Employee/Contractor is entitled to challenge the results and obtain an independent analysis of the sample (at the Employee/Contractor’s own expense).
Stand down if non-negative drug test
1.27. If an Employee returns a non-negative result in relation to his/her drug test, the Company may stand him/her down on ordinary pay until receipt of confirmation of the result. If that result is positive, the Employee agrees that the Company shall be entitled to treat a stand down period as annual leave (and make deductions from the Employee’s accrued entitlements accordingly). Where the Employee is sick or injured during the stand down period (or during a portion of the stand down period), the Employer shall be entitled to make appropriate deductions from the Employee’s sick leave entitlements. If the Employee’s drug test result is negative, the Employee may return to full duties.
1.28. If a Contractor returns a non-negative result in relation to his/her drug test, the Company may suspend performance of the contract until receipt of confirmation of the result.