EAP Referral. A. Employees who receive a first confirmed positive test result or who voluntarily admit illegal drug use under Section 7, will be referred to the EAP consistent with laws, rules and regulations.
B. When it appears EAP referral is appropriate, the Union will encourage the employee to respond positively to the referral.
C. Because of its special relationship with bargaining unit members, the Union will guide, support, represent and otherwise influence an employee to effect the most positive outcome possible.
EAP Referral. There are two ways to begin rehabilitation through Xxxx’x EAP – voluntary self- referral and managerial referral. Voluntary self-referral is preferred by Pace as a means to resolve drug and/or alcohol problems. Such an opinion is not available to an employee after he/she has been notified to submit to a drug or alcohol test under this policy. Nor can an employee become a volunteer when she/she has been notified to submit to a drug or alcohol test under this policy. Nor can an employee become a volunteer when subjective to disciplinary action in order to avoid imminent discipline. Voluntary participation in the EAP will not adversely impact an employee’s employment or promotional opportunities at Pace. However, employees who do not make a commitment to overcome their drug and/or alcohol problems may experience work performance problems as a result. Accordingly, an employee who exhibits poor or improper job performance as a result or tests positive for drugs and/or alcohol pursuant to a test administered under this policy will be subject to disciplinary action. In the event an employee requests admission into the EAP after commission of an act (including a violation of this policy) which subjects him/her to discharge, Xxxx may in its discretion, subject to pertinent provisions of any applicable collective bargaining agreement entered into with the Union, convert the discharge to a suspension and allow the employee admission to the EAP. Such a determination will be based upon the following criteria: the type of rule violation and all circumstances attendant to the incident in question; the employee’s length of service; and the employee’s overall work record.
EAP Referral. Upon the first confirmed determination that an employee is under the influence of drugs or alcohol, the Public Employer shall meet with the employee in private and refer the employee to an Employee Assistance Program (EAP) for assessment, counseling, and rehabilitation. Participation in an EAP is mandatory and disciplinary action may be taken against an employee for failure to begin or complete an EAP program. If the employee accepts the offer of rehabilitation, he or she may be placed on leave status until medically cleared to return to work. If employee refuses or fails to participate, it shall be grounds for immediate termination. Upon return to work, the employee will be placed on probation for one (1) year. The probation will include random drug screens, expectation to meet all other job requirements, and encouragement to participate in an EAP Health Maintenance/Relapse Prevention Program. Disciplinary action based on a violation of the Public Employer's drug and alcohol policy isautomatically suspended by the employee‘s participation in an EAP during the first confirmed incident. However, discipline may be reinstated at a later date if such employee incurs a second confirmed incident during the one (1)year probation period.
EAP Referral. 44
45 i. Subject to the conditions set out in this Policy, any employee who tests 46 positive, in violation of any provision of this Policy (i.e. regardless of the 1 basis for the selection), will be offered the opportunity to submit to any 2 evaluation by the EAP, if the positive test is not a second positive test 3 within a 7-year period. Employees electing to decline this opportunity will 4 be subject to discipline up to and including termination. If the Employee 5 agrees to an EAP evaluation, that Employee must fully comply with the 6 recommendation of the EAP, including a return to work recommendation 7 and any other such treatment program as referred. Further, an Employee 8 who tests positive will be on unpaid leave (however, it is understood that 9 Employees who test positive will not be denied the Sickness and Accident 10 benefit if otherwise qualified) until a negative test result has been provided 11 to the Company. Such an unpaid leave period can be as short as possible, 12 subject to the terms of the EAP treatment program, so long as the 13 employee can test negative before returning to work, but cannot last more 14 than 30 days (or 45 days in the case of an initial positive test for 15 Cannabinoid). Employees cannot ask to be retested during the period that 16 the Company is awaiting the results of a prior test. If the Employee cannot 17 achieve a negative test result by the 30th day (or 45th day in the case of an 18 initial positive test for Cannabinoid), the Employee will be considered as 19 having his/her second positive test result and will be terminated. 20
21 ii. An employee who tests positive in violation of this policy, who is returned 22 to work by a treatment program shall commence no-notice random 23 screening for two (2) years from the date of the original positive test 24 result. Any employee who has a positive test while in EAP shall be 25 terminated.
27 iii. An employee may not request to enter the Employee Assistance program 28 to avoid: a) any drug and alcohol tests set forth herein (e.g. random, 29 reasonable suspicion, post-accident, return to work); b) the consequences 30 of a test result; or c) the obligation to submit to a test under this Article. 31
