Illegal Use of Drugs and Alcohol. (a) The Parties recognize that the use of illegal drugs and alcohol poses a serious threat to both the Company and its employees. Moreover, the Company and its employees have the responsibility to maintain a safe, healthful and efficient working environment. To meet these objectives, the Parties agree to the following procedure:
1. Any employee who is guilty of possession, use or sale of alcohol or illegal drugs on Company property will be terminated without recourse to the procedure outlined in Article IX, Behavior Improvement.
2. Any employee who exhibits unusual behavior such as excessive absence, being disruptive, abusing other employees or exhibiting work habits other than those normally exhibited will be subject to alcohol and drug screening by an independent laboratory designated by the Company. Such laboratory must be properly licensed, use accepted scientific methods of testing, meet all pertinent proficiency standards and be capable of defending its position and analysis with expert testimony.
3. Specimens obtained for drug and alcohol screening will be retained for thirty (30)days in the event further analysis is deemed necessary. During retention of such specimens as well as during all phases of the specimen gathering and screening process, specimen security will be maintained so that tampering cannot occur.
4. In the event such screening produces positive results, the employee will be immediately suspended for thirty (30) days and must submit to counseling and rehabilitation therapy as approved by the Employee Assistance Program (EAP). The employee will not be permitted to return to work until he tests negative after the thirty (30) days suspension. The rehabilitation program will be approved by the Company and the employee must complete the prescribed program. An employee who refuses testing, or as a result of a positive test refuses to cooperate with the EAP, refuses treatment or continued aftercare, or engages in specimen tampering will be subject to discharge.
5. An employee who tests positive will also be subject to random testing three (3) times for a period of one (1) year from the date the employee returns to work. Any positive result from random testing will be grounds for discharge.
6. Any employee who becomes involved in a second incident resulting in a positive drug or alcohol test may be subject to discharge.
