Common use of EFFECTS OF A POSITIVE TEST Clause in Contracts

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.