First Positive. In the first instance that an employee tests positive on the confirmatory test for drugs or is found to be under the influence of alcohol, the employee may be subject to a suspension not to exceed five (5) calendar days. The foregoing limit on suspension is conditioned upon the employee agreeing to:
First Positive. Except in extreme situations, in the first instance that an employee tests positive on the confirmatory test, and where there are no other Town or Department rule violations, the employee may be subject to a suspension not to exceed five (5) work days. The foregoing limit on suspension is conditioned upon the employee agreeing to:
First Positive. The first confirmed positive test result will be cause for disciplinary action up to and including a five duty day disciplinary suspension. The employee must agree to the following conditions: (1) the employee will be mandatorily referred to the City’s Employee Assistance Program for evaluation, diagnosis and development of a treatment plan consistent with generally accepted standards; and (2) the employee will be required to cooperate in the treatment plan, undergo unannounced periodic drug and/or alcohol screening for a period of up to 12 months, successfully complete the prescribed treatment, remain free of drug and alcohol use, and sign an agreement consenting to said conditions. Failure to comply with these conditions of continued employment shall be cause for discharge.
First Positive. By agreement of the parties, positive test results are viewed as serious violations of departmental rules and will be punished by suspension or discharge. Reprimand punishment is explicitly not available in these cases; in addition, the general principle of progressive discipline is not applicable. However, the very first time that an employee tests positive during the employee’s tenure with the City, and only if there are no other accompanying violations of law, City Rules, or Departmental Rules and Regulations, the employee shall not be discharged but shall be suspended. In the event an employee is suspended rather than being discharged, the suspension shall be conditioned on the employee agreeing to and complying with all of the following conditions and such other conditions as are reasonably related to compliance or rehabilitation:
First Positive. The employee shall be placed on an immediate leave of absence, referred to an EAP and given the option of participating in City directed counseling and assistance or a City approved alcohol or drug treatment program.
First Positive. The first confirmed positive test result may be cause for discharge.
First Positive. In the first instance that an employee tests positive for drugs or is found to meet or exceed the breath alcohol level specified in this policy, the employee may be subject to discipline up to and including suspension, not to exceed five (5) duty shift days. The decision to issue discipline will be based on the City conducting a complete and thorough investigation, collecting relevant facts and information regarding the positive test result and complying with Section 24.5 – Notification and Review of the collective bargaining agreement. The foregoing limit on suspension is conditioned upon the employee agreeing to:
First Positive. An employee who tests positive for substance abuse a first time and who enters any required or recommended EAP within 30 days will make the employee eligible for immediate reinstatement provided (1) the Contractor has work available, (2) the employee continues in any EAP or recommended aftercare program and (3) the employee takes and passes a drug screen test at personal cost through the TPA. The employee will be reinstated on Active Status as long as the employee complies with the terms of the treatment program. An employee, who has tested positive and successfully completed counseling, rehabilitation or other treatment under this Program, will be subject to unannounced drug testing (in addition to testing set forth above) for a period of one year as a condition of being on Active Status. In the event an employee refuses to enter or enters but fails to adhere to a required aftercare program he/she will be placed on Inactive Status and may be subject to discharge. Employees, who are not eligible for EAP assistance through the applicable Health Fund, will pay for the costs, if any, of rehabilitation testing. Any employee determined to have been involved in switching, adulterating, tampering with, or attempting to switch, adulterate or tamper with a specimen for testing, or otherwise interfering with the specimen collection and or testing process will be treated the same as if the employee had a positive test result. An employee who has three (3) diluted test results in connection with one (1) random selection will be treated as if the employee had a positive test result under this paragraph unless the diluted test results are the product of legitimate medical reasons as verified by a medical doctor. An employee who provides three consecutive diluted tests shall be placed on inactive status. An employee placed on inactive status due to providing a third diluted test only need provide a negative test to achieve reinstatement and need not attend an EAP. The cost of testing to achieve reinstatement pursuant to a third diluted test shall be borne by the employee. An employee who provides a diluted test must submit to re-testing as soon as possible, but at a maximum within 24 hours of the Contractor’s receipt of notice of the diluted test.
First Positive. The first confirmed positive test result will be cause for disciplinary action up to and including a five duty day disciplinary suspension. (The Parties agree that in the event of extenuating circumstances such as criminal charges, injury or property damage, the District is not limited to a five duty day disciplinary suspension.) The employee must agree to the following conditions: (1) the employee will be mandatorily referred to the District’s Employee Assistance Program for evaluation, diagnosis and development of a treatment plan consistent with generally accepted standards; and (2) the employee will be required to cooperate in the treatment plan, undergo unannounced periodic drug and/or alcohol screening for a period of up to 12 months, successfully complete the prescribed treatment, remain free of drug and alcohol use, and sign an agreement consenting to said conditions. Failure to comply with these conditions of continued employment shall be cause for discharge. All treatment shall be made at the sole expense of the employee, to the extent not covered by the employee’s health insurance benefits. Any rehabilitation opportunities shall be provided as per the current Employer provided health insurance benefits. Employees who voluntarily attempt rehabilitation and exceed their health care benefits allowed shall pay all remaining costs out of pocket. Employees will be allowed to use banked sick time to meet the parameters of any treatment plan.
First Positive. An employee who tests positive for substance abuse a first time and who enters any required or recommended EAP within 30 days will make the employee eligible for immediate reinstatement provided (1) the contractor has work available, (2) the employee continues in any EAP or recommended aftercare program and (3) the employee takes and passes a drug screen test at personal cost through the TPA. The employee will be reinstated on Active Status as long as the employee complies with the terms of the treatment program. An employee, who has tested positive and successfully completed counseling, rehabilitation or other treatment under this Program, will be subject to unannounced drug testing (in addition to testing set forth above) for a period of one year as a condition of being on Active Status. In the event an employee refuses to enter or enters but fails to adhere to a required aftercare program he/she will be placed on Inactive Status and may be subject to discharge. Employees, who arenot eligible for EAP assistance through the applicable Heath Fund, will pay for the costs, if any, of rehabilitation testing. Any employee determined to have been involved in switching, adulterating, tampering with, or attempting to switch, adulterate or tamper with a specimen for testing, or otherwise interfering with the specimen collection and or testing process will be treated the same as if the employee had a positive test result. An employee who has three (3) diluted test results in connection with one (1) random selection will be treated as if the employee had a positive test result under this paragraph unless the diluted test results are the product of legitimate medical reasons as verified by a medical doctor.
