Common use of CONSEQUENCES OF FAILING/REFUSING AN ALCOHOL AND/OR DRUG TEST Clause in Contracts

CONSEQUENCES OF FAILING/REFUSING AN ALCOHOL AND/OR DRUG TEST. FAILING A PRE-EMPLOYMENT DRUG TEST WILL BE GROUNDS FOR REJECTION FROM EMPLOYMENT. UPON FAILING A POST-ACCIDENT ALCOHOL AND/OR DRUG TEST THE EMPLOYEE: 1. Will be removed from driving or operating any heavy or dangerous equipment; 2. May be disciplined up to termination. Failing/refusal to take a controlled substances/alcohol test may result in disciplinary action, up to and including termination. 3. May be allowed to sign a last chance agreement as an alternative to discipline which could require the employee to undergo treatment to cure his/her alcohol or drug abuse and be tested periodically. Generally, an employee who tests positive and has not been found to be using alcohol or drugs on-duty will be offered a last chance agreement. The City does not pay for this examination or any treatment. However, if the exam and/or treatment is covered by the employee's insurance policy, the employee may use the insurance policy to (help) pay for the covered expenses. 4. The employee may use accumulated vacation, personal leave, overtime or leave without pay while undergoing treatment/rehabilitation 5. The employee may use sick leave only when participating in a medically supervised/approved residential rehabilitation program or during the first ninety (90) days of a medically supervised/approved outpatient rehabilitation program. 6. May not be returned to his/her position until the employee submits to a return-to-duty controlled substances and/or alcohol test (depending on which test the employee failed) which indicates an alcohol concentration level of less than 0.08 or a negative result on a controlled substances test; 7. May be required to submit to unannounced follow-up testing after he/she has been returned to his/her safety-sensitive position.

CONSEQUENCES OF FAILING/REFUSING AN ALCOHOL AND/OR DRUG TEST. FAILING A PRE-EMPLOYMENT DRUG TEST WILL BE GROUNDS FOR REJECTION FROM EMPLOYMENT. UPON FAILING A POST-ACCIDENT ALCOHOL AND/OR DRUG TEST THE EMPLOYEE: 1. Will be removed from driving or operating any heavy or dangerous equipment; 2. May be disciplined up to termination. Failing/refusal to take a controlled substances/alcohol test may result in disciplinary action, up to and including termination. 3. May be allowed to sign a last chance agreement as an alternative to discipline which could require the employee to undergo treatment to cure his/her alcohol or drug abuse and be tested periodically. Generally, an employee who tests positive and has not been found to be using alcohol or drugs on-on- duty will be offered a last chance agreement. The City does not pay for this examination or any treatment. However, if the exam and/or treatment is covered by the employee's ’s insurance policy, the employee may use the insurance policy to (help) pay for the covered expenses. 4. The employee may use accumulated vacation, personal leave, overtime leave bank hours compensatory time hours or leave without pay while undergoing treatment/rehabilitation. 5. The employee may use sick leave only when participating in a medically supervised/approved residential rehabilitation program or during the first ninety (90) days of a medically supervised/approved outpatient rehabilitation program. 6. May not be returned to his/her position until the employee submits to a return-to-duty controlled substances and/or alcohol test (depending on which test the employee failed) which indicates an alcohol concentration level of less than 0.08 or a negative result on a controlled substances test; 76. May be required to submit to unannounced follow-up testing after he/she has been returned to his/her safety-sensitive position.position for a period of one year