Common use of Disciplinary Action for Prohibited Conduct Clause in Contracts

Disciplinary Action for Prohibited Conduct. Employees are subject to discipline up to and including suspension and/or termination of employment as is appropriate in accordance with applicable law and District policies and procedures. Severity of the disciplinary action will be based on the circumstances of the infraction and prior work history, including prior disciplinary action(s) of the employee. a. Notwithstanding any disciplinary action taken against the employee pursuant to Article XX Disciplinary Action, any employee who tests positive for controlled substances or for alcohol at a level greater than 0.04 BAC or engages in conduct prohibited by the regulations shall be immediately removed from performing his/her safety-sensitive function(s) until: 1) The employee has been fully evaluated and treated, if required, by a Substance Abuse Professional (SAP), and retested with a negative result for controlled substances or a result for alcohol below 0.02BAC; or 2) The verified test on which the removal of the employee was based is determined upon further testing or evaluation to be a negative test. Any employee who tests positive for alcohol at a level of 0.02 to 0.039 BAC or engages in conduct prohibited by the regulations shall be immediately removed from performing his/her safety-sensitive function(s) until: a. The next scheduled duty period, if at least twenty-four (24) hours has elapsed; or b. A retest shows the alcohol concentration has fallen below 0.02

Disciplinary Action for Prohibited Conduct. Employees are subject to discipline up to and including suspension and/or termination of employment as is appropriate in accordance with applicable law and District policies and procedures. Severity The severity of the disciplinary action will be based on the circumstances of the infraction and prior work history, including prior disciplinary action(s) of the employee. a. Notwithstanding any disciplinary action taken against the employee pursuant to Article XX XX-Disciplinary Action, any employee who tests positive for controlled substances or for alcohol at a level greater than 0.04 BAC or engages in conduct prohibited by the regulations shall be immediately removed from performing his/her their safety-sensitive function(s) until: 1) i. The employee has been fully evaluated and treated, if required, by a Substance Abuse Professional (SAP), ) and retested with a negative result for controlled substances or a result for alcohol below 0.02BAC; or 2) ii. The verified test on which the removal of the employee was based is determined upon further testing or evaluation to be a negative test. . b. Any employee who tests positive for alcohol at a level of 0.02 to 0.039 BAC or engages in conduct prohibited by the regulations shall be immediately removed from performing his/her their safety-sensitive function(s) until: a. i. The next scheduled duty period, if at least twenty-four (24) hours has have elapsed; or b. ii. A retest shows the alcohol concentration has fallen below 0.02