Common use of Disciplinary Action Clause in Contracts

Disciplinary Action. 18.1. The following sets out the action which may be taken when a worker returns a confirmed positive result to an alcohol or drug test. 18.2. First Occasion - A worker who has received a first confirmed positive test for alcohol or drugs (other than by self-testing) will be: (a) Required to attend the Support as referred to in this Policy; (b) Informed of the consequences of testing positive and their obligations to present, or remain in a fit state; (c) Informed of further disciplinary action and testing requirements should they have a confirmed positive result (alcohol or drug) within the next 12 months. 18.3. Second occasion - A worker who has received a second confirmed positive test for alcohol or drugs (other than by self-testing) within any 12 month period will be: (a) Required to re-attend the Support as referred to in this Policy (b) Required to participate in a rehabilitation program referred to in “Support” in this policy (c) Informed of the consequences of testing positive and their obligations to present, or remain in a fit state; (d) Given a verbal warning with a diary entry placed on file; and (e) Informed of further disciplinary action and testing requirements should they have a confirmed positive result (alcohol or drug) within the next 12 months. 18.4. A worker who has received three confirmed positive test results for alcohol or drugs which has been detected in a 12 month period may be disciplined under the Employer’s disciplinary processes. 18.5. A worker who fails to attend EAP sessions may be disciplined under this policy in accordance with principles of natural justice. 18.6. No disciplinary action will be taken in respect of positive test results from a self-test.