Discipline/Rehabilitation. A positive test result for alcohol or illegal drug usage may, depending on individual circumstances, result either in discipline and/or referral to the Employee Assistance Program (EAP), as set forth in Article 15, for rehabilitation purposes. Likewise, any refusal to submit to testing may, depending on the individual circumstances, result in either discipline and/or referral to the Employee Assistance Program (EAP). In addition, any member who voluntarily seeks assistance with a drug or alcohol dependency problem shall not be required to, but may, submit to a test and shall be initially referred to the EAP, without any disciplinary action being taken and without any requirement for follow-up random testing. A positive test result for alcohol or illegal drug usage may result in appropriate discipline to a member where the member's satisfactory work performance has been adversely affected by substance abuse. Any discipline to be imposed shall be for just cause and shall take into account all facts and circumstances, including the need for testing, the member's desire for and progress in rehabilitation, and the member's past work performance. Any action taken pursuant to this Article including any positive test results, shall not be used as evidence or otherwise in any criminal proceeding against the member. If a member accepts a referral to the EAP for assessment as the result of a positive drug or alcohol test as a result of being required to submit to a test or as a result of a refusal to submit to testing, he or she must comply with any recommendation made by the EAP Drug and Alcohol Counselor resulting from the assessment, as a condition of continued employment. The member shall further be subject to follow-up random drug or alcohol testing for a period of up to one (1) year from the date of completion of the rehabilitation program. Failure to comply with any of the conditions associated with the recommendation of the EAP Drug and Alcohol Counselor, the conditions associated with the rehabilitation program, and random testing as specified above may result in discipline of the member.
Discipline/Rehabilitation a. Employees who have tested positive on a drug and/or alcohol test shall be subject to disciplinary action. If the employee agrees to enter and successfully complete a rehabilitation program, the disciplinary action will not exceed sixty (60) calendar days for the first offense. Thereafter, for a period of two years, the employee shall be subject to random urinalysis at any time.
Discipline/Rehabilitation. The parties agree that the decision as to whether an employee will be disciplined and/or referred for treatment and rehabilitation shall be based upon the employee’s length of service, the nature and extent of the problem and all other relevant factors on a case by case basis. Violation of any of the provisions of this Policy may be considered “just cause” for discipline. If, as a result of the investigation and/or completion of a positive alcohol or drug test, just cause is present, discipline may be imposed, but no more harshly than as follows (NOTE: Discipline shall be subject to the grievance procedure under the collective bargaining agreement): OFFENSE DISCIPLINE First Offense: Discipline up to and including discharge; the specific level of discipline to be determined by the factors listed above. The City recognizes that discharge or termination is the ultimate employment discipline and should be invoked only in the more egregious circumstances. When an employee is retained, discipline will include mandatory enrollment in the Employee Assistance Program, and periodic random drug testing for one year from the effective date of the discipline. Second Offense: Termination
