Common use of CONSEQUENCES OF A POSITIVE TEST Clause in Contracts

CONSEQUENCES OF A POSITIVE TEST. An employee tested under a “reasonable suspicion” drug test and who tests positive for use of drugs as defined in Section 3(B) may be subject to immediate termination. However, any employee testing positive for the first time shall be allowed to enter a recognized certified rehabilitation program, in-state or out-of-state, in lieu of discipline with the full support and encouragement of the Commonwealth. An employee must provide documentation to the Department Head or his/her designee regarding entry into and successful completion of a drug rehabilitation program. Such documentation will indicate that the rehabilitation program is a certified, recognized program by the Massachusetts Department of Public Health. In addition, the employee shall provide the Department Head or his/her designee with proof of successful completion of said Rehabilitation program. The employee entering a Rehabilitation Program will sign the Rehabilitation Agreement with the Department (provided in Appendix DT-Article 30A) and abide by its terms and conditions. An employee’s seniority will not be interrupted by any in-patient or out-patient participation in a rehabilitation program as provided in this Article. The employee must successfully complete the rehabilitation program before returning to duty except as provided in Section 4F of this Article. Before being re-instated to duty the employee shall meet with the Department Head or his/her designee to discuss the Rehabilitation Program and its completion and to discuss assignment options. Such meeting(s) will be designed to assist the employee’s re-entry into the workplace. During any out-patient period of such rehabilitation program, an employee can continue to utilize accrued sick, vacation or other leave credits otherwise available to him/her by the Association-Employer Collective Bargaining Agreement to maintain compensation status. Regular compensation pursuant to the provisions of such Collective Bargaining Agreement shall not be received by an employee participating in an out-patient period of a rehabilitation program; provided, however, that if the Department Head or his/her designee receives from the rehabilitation program written communication advising that active work status is an affirmatively recommended component of the out-patient rehabilitation and that the employee is capable of that status, with full compensation as provided by the Association-Employer Collective Bargaining Agreement, and the Department Head or his/her designee shall determine, upon consultation with the rehabilitation program, the duties to be assigned to the employee and the location of assignment for such employee during the period of the rehabilitation program.

CONSEQUENCES OF A POSITIVE TEST. A. An employee tested under a “reasonable suspicion” drug test and who tests positive for use of drugs as defined in Section 3(B) may be subject to immediate termination. However, any employee testing positive for the first time shall shall, if no criminal activity other than the use of drugs or alcohol resulting in the test can be allowed to enter a recognized recognized, certified rehabilitation program, in-state or out-of-state, in lieu of discipline with the full support and encouragement of the Commonwealth. Department. B. An employee must provide documentation to the Department Head or his/her designee public works superintendent regarding entry into and successful completion of a drug rehabilitation program. Such documentation will indicate that the rehabilitation program is a certified, recognized program by the Massachusetts Department of Public Health. In addition, the employee shall provide the Department Head or his/her designee public works superintendent with proof of successful completion of said Rehabilitation program. . C. The employee entering a Rehabilitation Program will sign the Rehabilitation Agreement agreement with the Department (provided in Appendix DT-Article 30A) and abide by its terms and conditions. . D. An employee’s seniority will not be interrupted by any in-patient or out-out- patient participation in a rehabilitation program as provided in this Article. . E. The employee must successfully complete the rehabilitation program before returning to duty except as provided in Section 4F 5F of this Article. Before being re-instated reinstated to duty duty, the employee shall meet with the Department Head or his/her designee Superintendent of Public Works to discuss the Rehabilitation Program any continuing maintenance program and its completion and to discuss assignment options. Such meeting(s) will be designed to assist the employee’s re-entry into the workplace. . F. During any out-patient period of such rehabilitation program, an employee can continue to utilize accrued sick, vacation or other leave credits otherwise available to him/her by the Association-Employer Collective Bargaining Agreement to maintain compensation statusher. Regular compensation pursuant to the provisions of such Collective Bargaining Agreement shall not be received by an employee participating in an out-patient period of a rehabilitation program; provided, however, that if the Department Head or his/her designee public works superintendent receives from the rehabilitation program written communication advising that active work status is an affirmatively recommended component of the out-patient rehabilitation and that the employee is capable of that status, with full compensation as provided by the Association-Union/Employer Collective Bargaining Agreement, and the Department Head or his/her designee public works superintendent shall determine, upon consultation with the rehabilitation program, the duties to be assigned to the employee and the location of assignment for such employee during the period of the rehabilitation program, the employee shall be paid for work performed. G. An employee may use accrued sick leave, vacation leave and personal leave to attend the rehabilitation program. Such time will date from the assignment to administrative leave. H. Upon such successful completion of the rehabilitation program, all records and documentation regarding the initial determination of reasonable suspicion and all succeeding events associated with the processing of such determination and with the employee’s participation in the rehabilitation program will be retained by the Superintendent, with strict standards of confidentiality, in a file separate from the personnel file system; provided, however, that the only person having access to such separate file shall be the public works superintendent, and further provided that if any material from such separate file is used by the public works superintendent at any time for any purpose, the public works superintendent shall advise the involved employee of the full details of such usage. The public works superintendent shall exercise discretion consistent with the confidential nature of such material in any such usage. I. Any employee’s failure to successfully complete the rehabilitation program, where such failure is not based on his/her failure to attend, cooperate with or participate in the rehabilitation program may result in discipline and the employee may be required to undergo further rehabilitation. After a second unsuccessful attempt at rehabilitation, the subject employee may be disciplined, up to and including termination. An employee’s failure to successfully complete the rehabilitation program, where such failure is attributable to employee fault regarding attendance at, cooperation with or participation in the rehabilitation program, may result in discipline, up to and including termination.

CONSEQUENCES OF A POSITIVE TEST. A. An employee tested under a “reasonable suspicion” drug test and who tests positive for use of drugs as defined in Section 3(B) may be subject to immediate termination. However, any employee testing positive for the first time shall shall, if no criminal activity other than the use of drugs or alcohol resulting in the test, can be allowed to enter a recognized recognized, certified rehabilitation program, in-state or out-of-state, in lieu of discipline with the full support and encouragement of the Commonwealth. Department. B. An employee must provide documentation to the Department Head or his/her designee regarding entry into and successful completion of a drug rehabilitation program. Such documentation will indicate that the rehabilitation program is a certified, recognized program by the Massachusetts Department of Public Health. In addition, the employee shall provide the Department Head or his/her designee with proof of successful completion of said Rehabilitation rehabilitation program. . C. The employee entering a Rehabilitation Program rehabilitation program will sign the Rehabilitation Agreement rehabilitation agreement with the Department (provided in Appendix DT-Article 30A) and abide by its terms and conditions. . D. An employee’s seniority will not be interrupted by any in-patient or out-out- patient participation in a rehabilitation program as provided in this Article. . E. The employee must successfully complete the rehabilitation program before returning to duty except as provided in Section 4F 5F of this Article. Before being re-instated reinstated to duty duty, the employee shall meet with the Department Head or his/her designee to discuss the Rehabilitation Program any continuing maintenance program and its completion and to discuss assignment options. Such meeting(s) will be designed to assist the employee’s re-entry into the workplace. . F. During any out-patient period of such rehabilitation program, an employee can continue to utilize accrued sick, vacation or other leave credits otherwise available to him/her by the Association-Employer Collective Bargaining Agreement to maintain compensation statusher. Regular compensation pursuant to the provisions of such Collective Bargaining Agreement shall not be received by an employee participating in an out-patient period of a rehabilitation program; provided, however, that if the Department Head or his/her designee receives from the rehabilitation program written communication advising that active work status is an affirmatively recommended component of the out-patient rehabilitation and that the employee is capable of that status, with full compensation as provided by the Association-Union/Employer Collective Bargaining Agreement, and the Department Head or his/her designee shall determine, upon consultation with the rehabilitation program, the duties to be assigned to the employee and the location of assignment for such employee during the period of the rehabilitation program, the employee shall be paid for work performed. G. An employee may use accrued sick leave, vacation leave and personal leave to attend the rehabilitation program. Such time will date from the assignment to administrative leave. H. Upon such successful completion of the rehabilitation program, all records and documentation regarding the initial determination of reasonable suspicion and all succeeding events associated with the processing of such determination and with the employee’s participation in the rehabilitation program will be retained by the Department Head, with strict standards of confidentiality, in a file separate from the personnel file system; provided, however, that the only person having access to such separate file shall be the Department Head, and further provided that if any material from such separate file is used by the Department Head at any time for any purpose, the Department Head shall advise the involved employee of the full details of such usage. The Department Head shall exercise discretion consistent with the confidential nature of such material in any such usage. I. Any employee’s failure to successfully complete the rehabilitation program, where such failure is not based on his/her failure to attend, cooperate with or participate in the rehabilitation program, may result in discipline and the employee may be required to undergo further rehabilitation. After a second unsuccessful attempt at rehabilitation, the subject employee may be disciplined, up to and including termination. An employee’s failure to successfully complete the rehabilitation program, where such failure is attributable to employee fault regarding attendance at, cooperation with or participation in the rehabilitation program, may result in discipline, up to and including termination.

CONSEQUENCES OF A POSITIVE TEST. A. An employee tested under a “reasonable suspicion” drug test, a random drug test, post -incident drug test or at the time of his/her annual/biennial physical and who tests positive for use of drugs as defined in Section 3(B) may be subject to immediate termination. However, any employee testing positive for the first time shall be allowed to enter a recognized recognized, certified rehabilitation program, in-state or out-of-state, in lieu of discipline with the full support and encouragement of the Commonwealth. Department. B. An employee must provide documentation to the Department Head or his/her designee Colonel regarding entry into and successful completion of a drug rehabilitation program. Such Su ch documentation will indicate that the rehabilitation program is a certified, recognized program by the Massachusetts Department of Public Health. In addition, the employee shall provide the Department Head or his/her designee Colonel with proof of successful completion of said Rehabilitation program. . C. The employee entering a Rehabilitation Program will sign the Rehabilitation Agreement with the Department (provided in Appendix DT-Article 30A/S-2) and abide by its terms and conditions. . D. An employee’s 's seniority will not be interrupted by any in-patient in -patient or out-patient participation in a rehabilitation program as provided in this Article. . E. The employee must successfully complete the rehabilitation program before returning to duty except as provided in Section 4F of this Article. Before being re-instated re -instated to duty the employee shall meet with the Department Head or his/her designee Colonel and the Department's Drug Program Administrator to discuss the Rehabilitation Program and its it's completion and to discuss assignment options. Such meeting(s) will be designed to assist the employee’s 's re-entry into the workplace. . F. During any out-patient period of such rehabilitation program, an employee can continue to utilize accrued sick, vacation or other leave credits otherwise available to him/her by the Association-Association - Employer Collective Bargaining Agreement to maintain compensation status. Regular compensation pursuant to the provisions of such Collective Bargaining Agreement shall not be received by an employee participating in an out-patient out -patient period of a rehabilitation program; provided, however, that if the Department Head or his/her designee Colonel receives from the rehabilitation program written communication advising that active work status is an affirmatively recommended component of the out-patient rehabilitation and that the employee is capable of that status, with full compensation as provided by the Association-Employer Collective Bargaining Agreement, and the Department Head or his/her designee Colonel shall determine, upon consultation with the rehabilitation program, the duties to be assigned to the employee and the location of assignment for such employee during the t he period of the rehabilitation program. During such period, the employee shall not have access to either issued weapon or cruiser. G. 1. An employee may use accrued sick leave, vacation leave and personal leave credits to attend the rehabilitation progr am. Such time will date from the assignment to administrative leave. An employee who uses all accrued time before completion of their rehabilitation program shall be allowed to borrow against future earned time equal to a maximum of one hundred sixty (160) hours broken down as follows: eighty (80) hours sick leave credits and eighty