EFFECTS OF A POSITIVE TEST Sample Clauses

EFFECTS OF A POSITIVE TEST a. Any driver who tests positive under the testing procedures (random, post accident, reasonable suspicion, return to duty and follow-up tests) will: 1. If the positive test is an alcohol test showing an alcohol concentration of 0.01 or greater, but less than 0.04, the driver will be placed on unpaid administrative leave for 24 hours or, at the option of the employer the driver may be assigned to duties that are not safety sensitive for the same time period. If additional discipline is warranted, it will be based upon an assessment of all relevant factors. No discipline shall be imposed if the low concentration of alcohol occurs from normal metabolism of food. 2. If the positive test is .04 or greater for alcohol, or positive for any controlled substance the driver shall be subject to disciplinary action in accordance with the District/CSEA collective bargaining agreement. b. In addition, drivers will also be subject to discipline if: 1. The driver refuses to submit to a test authorized by this Side Letter; 2. The driver fails to complete rehabilitation recommended by the substance abuse professional which has been approved by the District; or 3. The driver subsequently tests positive for alcohol and/or for controlled substances after a return to duty test following completion of rehabilitation. c. A permanent driver is entitled to all due process rights pursuant to the District/CSEA collective bargaining agreement. A probationary driver, as a continuing part of the selection process, is subject to immediate termination. d. Subject to the disciplinary provisions of the contractual agreement, the driver shall be evaluated by a substance abuse professional, who shall determine what assistance, if any, is needed to resolve alcohol or controlled substance problems. Any assistance sought by the employee shall be paid for entirely by the employee. e. With respect to all positive tests, nothing shall prohibit the District from taking adverse personnel actions in accordance with its authority independent from that conferred by C.F.R. 49 part 382 et al, which are consistent with the current state of the law and other policies the District may have in effect.
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EFFECTS OF A POSITIVE TEST. 24.9.1 If the positive test is an alcohol test showing an alcohol concentration of 0.02 or greater but less than 0.04, the driver will be placed on paid administrative leave for 24 hours, or, at the option of the employer, the driver may be assigned to duties that are not safety sensitive for the same time period. The driver shall return to regular duty at the end of this 24-hour period. The employer shall take no other action against a driver based solely on the test. 24.9.2 For all positive tests the district will provide the employee with two names of substance abuse rehabilitation services. 24.9.3 Drivers will be subject to discipline up to and including termination for alcohol concentration of .04 or higher (Vehicle Code Section 13353.2 (a)(3))or controlled substance abuse if they test positive or refuse to submit to a test authorized by this article.
EFFECTS OF A POSITIVE TEST. 24.8.1 If the positive test is an alcohol test showing an alcohol concentration of 0.02 or greater, but less than 0.04, the employee will be placed on paid administrative leave for 24 hours or, at the option of the County, the employee may be assigned to duties that are not safety-sensitive for the same time period. The employee shall return to regular duty at the end of the 24 hours period. The County shall take no other action against the employee based solely on the test. 24.8.2 For all other positive tests, the employee shall be evaluated by a substance abuse professional who shall determine what assistance, if any, is needed to resolve the alcohol or controlled substance problems. The employee shall not be returned to any safety- sensitive duties until the employee passes a return-to-duty test with an alcohol concentration of less than 0.02 or, in the case of a positive test for controlled substances, until a return-to-duty test indicates a verified negative result for controlled substance use. 24.8.3 If it is determined that a rehabilitation program is needed, available leave due the employee may be utilized for the purposes of rehabilitation. 24.8.4 Employees returning to duty after rehabilitation shall be subject to unannounced follow- up testing of at least six (6) tests in the first 12 months of return to duty. 24.8.5 Employees may be subject to disciplinary action if: a. Employee tests positive during the initial probation period; b. Employee refuses to submit to a test authorized by this Article; c. Employee fails to complete a rehabilitation recommended by the substance abuse professional; or d. Employee tests positive again within 12 months of a return to duty.
EFFECTS OF A POSITIVE TEST. Any driver who tests positive under the testing procedures (random, post accident, reasonable suspicion, return to duty and follow-up tests) will:

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