On-Site Testing Law and Legal Definition
On site testing is a drug and alcohol test to which an employee is subjected to by the employer. An employer may require on-site testing as part of the employer’s drug and alcohol testing policy. An employer may use products approved by the Food and Drug Administration for employee testing and shall use the products in accordance with the manufacturer's instructions. On-site shall be conducted only by a test administrator qualified to do it.
While conducting on-site testing the specimen to be tested must be taken and kept in sight of the employee who is the subject of the test. S/he must be allowed to observe the testing procedure and the results. In the case of a blind employee, the employee may request the presence of an observer. The administrator will do the documentation and prepare a written record of the on-site test.
An employer may not take permanent employment action against an employee based on an unconfirmed or positive on-site test result. If an employer takes temporary adverse employment action based on an on-site test result, the employer shall restore the employee's wages and benefits if the confirmatory test result is negative. If the employee shows that the positive test result was due to drugs taken in accordance with a valid prescription of the employee or by lawful nonprescription drugs, then no action may be taken against him/her.
Legal Definition list
- On-Site Property [Education]
- On-Sale Bar [Patent]
- On-Reservation Status
- On-Line Sampling Inspection [Agriculture]
- On-Going Support Services [Education]
- On-Site Testing
- On-Time Performance Code [Aeronautics and Space]
- On-Time Performance [Aeronautics and Space]
- On-Track Safety [Transportation]
- On-Track Wager