First Positive. The first confirmed positive test result will be cause for disciplinary action up to and including a five duty day disciplinary suspension. The employee must agree to the following conditions: (1) the employee will be mandatorily referred to the City’s Employee Assistance Program for evaluation, diagnosis and development of a treatment plan consistent with generally accepted standards; and (2) the employee will be required to cooperate in the treatment plan, undergo unannounced periodic drug and/or alcohol screening for a period of up to 12 months, successfully complete the prescribed treatment, remain free of drug and alcohol use, and sign an agreement consenting to said conditions. Failure to comply with these conditions of continued employment shall be cause for discharge.
First Positive. By agreement of the parties, positive test results are viewed as serious violations of departmental rules and will be punished by suspension or discharge. Reprimand punishment is explicitly not available in these cases; in addition, the general principle of progressive discipline is not applicable. However, the very first time that an employee tests positive during the employee’s tenure with the City, and only if there are no other accompanying violations of law, City Rules, or Departmental Rules and Regulations, the employee shall not be discharged but shall be suspended. In the event an employee is suspended rather than being discharged, the suspension shall be conditioned on the employee agreeing to and complying with all of the following conditions and such other conditions as are reasonably related to compliance or rehabilitation:
(a) Undergo appropriate treatment as determined by the physician(s) involved, up to and including a physician of the City/and or City's EAP Coordinator;
(b) Discontinue use of illegal drugs or abuse of alcohol;
(c) The employee agreeing to authorize persons involved in counseling, diagnosing and treating the employee to disclose to the City the employee's progress, cooperation, drug and alcohol use and any dangers perceived in connection with performing job duties and completion of non-completion of treatment;
(d) Complete the course of treatment prescribed, including an "after care" group for a period of up to 12 months;
(e) Agree to submit to random testing during the period of "after care," and for a period of 12 months following the period of "after care". Such testing may be during work hours or non-work hours. If during non-work hours, the employee shall be compensated as for a call-back;
(f) Agree that during this last chance, if the employee tests positive again or violates any other provision of the last chance agreement, the employee may be terminated.
First Positive. In the first instance that an employee tests positive on the confirmatory test for drugs or is found to be under the influence of alcohol, the employee may be subject to a suspension not to exceed five (5) calendar days. The foregoing limit on suspension is conditioned upon the employee agreeing to:
(1) undergo appropriate treatment as determined by the physician(s) involved;
(2) discontinue use of illegal drugs or abuse of alcohol;
(3) complete the course of treatment prescribed, including an "aftercare" group for a period up to twelve
First Positive. The employee shall be placed on an immediate leave of absence, referred to an EAP and given the option of participating in City directed counseling and assistance or a City approved alcohol or drug treatment program.
(1) An employee will not be paid during his/her leave of absence. However, an employee may use any of his/her accumulated leaves or vacation time. Current benefit coverage will continue.
(2) An employee will be given a Last Chance Agreement which explains the consequences of a second positive test after returning to work. The employee must sign this Agreement to return to work after the treatment recommended by the City, including and not limited to treatment by the City’s medical office.
First Positive. Except in extreme situations, in the first instance that an employee tests positive on the confirmatory test, and where there are no other Town or Department rule violations, the employee may be subject to a suspension not to exceed five (5) work days. The foregoing limit on suspension is conditioned upon the employee agreeing to:
1) Undergo appropriate treatment as determined by the physician(s) involved, up to and including a physician of the Town and/or the Town's EAP Coordinator;
2) Discontinue use of illegal drugs or abuse of alcohol;
3) The employee agreeing to authorize persons involved in counseling, diagnosing and treating the employee to disclose to the Town the employee's progress, cooperation, drug and alcohol use and any dangers perceived in connection with performing job duties and completion or non-completion of treatment.
4) Complete the course of treatment prescribed, including an "after care" group for a period of up to 12 months.
5) Agree to submit to random testing during hours of work during the period of "after-care," and for a period of 12 months following the period of "after-care;" and,
6) Agree that during this last chance period in 5) above, if the employee tests positive again the employee may be terminated. Employees who do not agree to the foregoing shall be subject to discipline up to, and including, termination.
First Positive. The first confirmed positive test result may be cause for discharge.
First Positive. Except in extreme situations, in the first instance that an employee tests positive on the confirmatory test, and where there are no other Town or Department rule violations, the employee may be subject to a suspension not to exceed five (5) work days. The foregoing limit on suspension is conditioned upon the employee agreeing to:
First Positive. In the first instance that an employee tests positive for drugs or is found to meet or exceed the breath alcohol level specified in this policy, the employee may be subject to discipline up to and including suspension, not to exceed five (5) duty shift days. The decision to issue discipline will be based on the City conducting a complete and thorough investigation, collecting relevant facts and information regarding the positive test result and complying with Section 24.5 – Notification and Review of the collective bargaining agreement. The foregoing limit on suspension is conditioned upon the employee agreeing to:
1. Undergo appropriate treatment as determined through the EAP.
2. Discontinue use of illegal drugs or use of alcohol or prescribed drugs.
3. Complete the course of treatment prescribed, possibly including an "after-care" group, for a period up to twelve (12) months.
4. Submit to random testing, a maximum of four (4) times over a period of "after-care" treatment or for a period of up to twelve (12) months. Employees who do not agree to the foregoing, shall be subject to discipline up to and including discharge. The employer may use the positive test as evidence of impairment. Cannabis metabolites can stay in a person’s blood for weeks after the psychoactive and motor effects of the drug have completely subsided. In addition, certain topical medications containing cannabis do not cause any psychoactive effects or motor impairment but can still result in a positive test for marijuana. In case of a positive cannabis test, before instituting discipline, the City will investigate, collecting relevant facts and information regarding positive test results. The employee will cooperate with this investigation. During this investigation, the City, at its discretion, may either allow the employee to continue working, or place him on paid leave. Changes in Testing Procedures: The parties recognize that during the life of the Agreement, there may be improvements in the technology of testing procedures for cannabis, which provide more accurate testing. In that event, the parties may bargain in good faith whether to amend this procedure to include such improvements. Notwithstanding the above, the Union recognizes that the City holds its Firefighters, as public safety professionals, to the highest standards to ensure public trust. Therefore, nothing in this policy should be interpreted that the City condones, or tolerates the use of cannabis at any time, includ...
First Positive. An employee who tests positive for substance abuse a first time and who enters any required or recommended EAP within 30 days will make the employee eligible for immediate reinstatement provided (1) the Contractor has work available, (2) the employee continues in any EAP or recommended aftercare program and (3) the employee takes and passes a drug screen test at personal cost through the TPA. The employee will be reinstated on Active Status as long as the employee complies with the terms of the treatment program. An employee, who has tested positive and successfully completed counseling, rehabilitation or other treatment under this Program, will be subject to unannounced drug testing (in addition to testing set forth above) for a period of one year as a condition of being on Active Status. In the event an employee refuses to enter or enters but fails to adhere to a required aftercare program he/she will be placed on Inactive Status and may be subject to discharge. Employees, who are not eligible for EAP assistance through the applicable Health Fund, will pay for the costs, if any, of rehabilitation testing. Any employee determined to have been involved in switching, adulterating, tampering with, or attempting to switch, adulterate or tamper with a specimen for testing, or otherwise interfering with the specimen collection and or testing process will be treated the same as if the employee had a positive test result. An employee who has three (3) diluted test results in connection with one (1) random selection will be treated as if the employee had a positive test result under this paragraph unless the diluted test results are the product of legitimate medical reasons as verified by a medical doctor. An employee who provides three consecutive diluted tests shall be placed on inactive status. An employee placed on inactive status due to providing a third diluted test only need provide a negative test to achieve reinstatement and need not attend an EAP. The cost of testing to achieve reinstatement pursuant to a third diluted test shall be borne by the employee. An employee who provides a diluted test must submit to re-testing as soon as possible, but at a maximum within 24 hours of the Contractor’s receipt of notice of the diluted test.
First Positive. In the first instance that an employee tests positive on the confirmatory test for drugs or is found to be under the influence of alcohol, the employee may be subject to a suspension not to exceed five (5) calendar days. The foregoing limit on suspension is conditioned upon the employee agreeing to:
(1) undergo appropriate treatment as determined by the physician(s) involved;
(2) discontinue use of illegal drugs or abuse of alcohol;
(3) complete the course of treatment prescribed, including an "after-care" group for a period up to twelve (12) months;
(4) submit to random testing during working hours during the period of "after-care" treatment. Employees who do not agree to or who do not act in accordance with the foregoing, or who test positive a second or subsequent time shall be subject to discipline, up to and including discharge.
