Enforcement and Effects of Positive Test Clause Samples

Enforcement and Effects of Positive Test. An employee who is tested and found to have an alcohol concentration of 0.02 or greater but less than .04 may not perform or continue to perform safety-sensitive functions including driving a commercial motor vehicle until the start of the driver’s next regularly scheduled duty period, but not less than 24 hours after the test was administered. Except that Employees, who test positive for alcohol with an alcohol concentration of 0.01 through 0.02, shall be provided with alternate duties to perform, to the extent such duties are available and if the employee is able to perform them, during the time the employee is prohibited from performing safety-sensitive functions. If, in the District’s opinion, alternate duties are not available, or if the employee is not able to perform duties, which are available, the employee will be placed on sick leave and escorted home. The employee may be subject to disciplinary action, up to and including dismissal, according to Article XVIII of this Agreement. An employee with a verified positive test for drugs or who is found to have an alcohol concentration of 0.04 or greater shall be subject to disciplinary action up to and including dismissal and shall be placed on appropriate leave or shall be granted a leave of absence, either paid or unpaid until the employee is again permitted to perform safety-sensitive functions, or is terminated. An employee who tests positive for alcohol (0.02 or above) or any other controlled substance shall not be permitted to drive home or elsewhere in any vehicle. The District shall offer assistance in this circumstance and the employee shall not perform a safety-sensitive function until the employee has submitted to a return-to-duty test with a verified negative result. An employee who violates district prohibitions related to drugs and alcohol shall receive from the district the names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs available to evaluate and resolve drug and alcohol- related problems available through the employee’s medical insurance provider. The employee shall be evaluated by a substance abuse professional that shall determine what help, if any, the driver needs in resolving such a problem. Any substance abuse professional who determines that an employee needs assistance shall not refer the driver to a private practice, person or organization in which he/she has a financial interest, except under circumstances allowed by...