Common use of RANGE OF CONSEQUENCES Clause in Contracts

RANGE OF CONSEQUENCES. 1. Employees who violate this policy will be subject to disciplinary consequences as identified in this policy. In all cases, the County reserves the right to determine the appropriate disciplinary measures, which may be more or less severe than those set forth in this guideline. The following list of actions and the related consequences is illustrative only, and is not intended to be an all-inclusive list of possible disciplinary consequences. 2. If an employee has an alcohol concentration of 0.02 or greater in any alcohol test, and/or tests positive for drugs and/or their metabolites in any drug test and it is the employee’s first offense, then s/he shall be referred to the EAP for counseling and/or completion of a substance abuse treatment or rehabilitation program. However, if an employee violates a work rule in conjunction with failing a drug and/or alcohol test, then s/he may be subject to disciplinary action. The County shall have the right to take disciplinary action, up to and including discharge, based on the severity of the incident and/or the employee’s past record. 3. Employees will be subject to disciplinary action as indicated for any of the following: (a) Refusal to submit to an authorized drug and/or alcohol test. Refusal to submit to testing means that the employee fails to provide an adequate urine or breath sample for testing without a valid medical explanation after s/he has received notice of the requirement to be tested, or engages in conduct that clearly obstructs the testing process. Refusal to submit to testing includes, but is not limited to, refusal to execute any required consent forms, refusal to cooperate regarding the collection of samples, refusal or failure to provide necessary documentation to the MRO when requested, and/or submission or attempted submission of an adulterated or substituted urine sample. For a refusal, an employee shall be subject to discharge. (b) Reporting for work with the presence of alcohol, drinking alcoholic beverages or using drugs while on duty, on County property, in County vehicles, or during breaks and/or meal periods during work hours shall be subject to discharge. (c) Unlawful manufacture, use, distribution, dispensation, possession, concealment or sale of any controlled substance, including an alcoholic beverage, while on duty, on County property, in County vehicles, or during breaks and/or meal periods during work hours. (d) Any criminal drug statute conviction and/or failure to notify the County of such conviction within 5 days shall be subject to discharge. (e) Failure to complete a counseling, treatment, or rehabilitation program as prescribed by the SAP shall be subject to discharge. (f) Testing positive on a return to duty shall be subject to discharge. (g) Any failures (positive test) on follow up drug and/or alcohol testing during the 36 month following rehabilitation shall be subject to discharge. (h) Failure to report to a collection site within two (2) hours of notification for return to duty or follow up testing shall be subject to discharge. (i) Second offense – alcohol concentration of 0.02 or greater in any reasonable suspicion or any other bases for alcohol test, and/or testing positive for drugs and/or their metabolites in any drug test or any other bases for drug test, shall be discharged. (j) Employee's failure to participate in the temporary and/or final releases for duty testing in a timely manner shall be subject to discharge. 4. Although the foregoing will ordinarily result in discharge regardless of the employee’s position, the Sheriff reserves the exclusive right to consider extenuating circumstances and to impose lesser discipline.

RANGE OF CONSEQUENCES. 1. Employees who violate this policy will be subject to disciplinary consequences as identified in this policy. In all cases, the County reserves the right to determine the appropriate disciplinary measures, which may be more or less severe than those set forth in this guideline. The following list of actions and the related consequences is illustrative only, and is not intended to be an all-inclusive list of possible disciplinary consequences. 2. If an employee has an alcohol concentration of 0.02 or greater in any alcohol test, and/or tests positive for drugs and/or their metabolites in any drug test and it is the employee’s first offense, then s/he shall be referred to the EAP for counseling and/or completion of a substance abuse treatment or rehabilitation program. However, if an employee violates a work rule in conjunction with failing a drug and/or alcohol test, then s/he may be subject to disciplinary action. The County shall have the right to take disciplinary action, up to and including discharge, based on the severity of the incident and/or the employee’s past record. 3. Employees will be subject to disciplinary action as indicated for any of the following: (a) Refusal to submit to an authorized drug and/or alcohol test. Refusal to submit to testing means that the employee fails to provide an adequate urine or breath sample for testing without a valid medical explanation after s/he has received notice of the requirement to be tested, or engages in conduct that clearly obstructs the testing process. Refusal to submit to testing includes, but is not limited to, refusal to execute any required consent forms, refusal to cooperate regarding the collection of samples, refusal or failure to provide necessary documentation to the MRO when requested, and/or submission or attempted submission of an adulterated or substituted urine sample. For a refusal, an employee shall be subject to discharge. (b) Reporting for work with the presence of alcohol, drinking alcoholic beverages or using drugs while on duty, on County property, in County vehicles, or during breaks and/or meal periods during work hours shall be subject to discharge. (c) Unlawful manufacture, use, distribution, dispensation, possession, concealment or sale of any controlled substance, including an alcoholic beverage, while on duty, on County property, in County vehicles, or during breaks and/or meal periods during work hours. (d) Any criminal drug statute conviction and/or failure to notify the County of such conviction within 5 days shall be subject to discharge. (e) Failure to complete a counseling, treatment, or rehabilitation program as prescribed by the SAP shall be subject to discharge. (f) Testing positive on a return to duty shall be subject to discharge. (g) Any failures (positive test) on follow up drug and/or alcohol testing during the 36 month following rehabilitation shall be subject to discharge. (h) Failure to report to a collection site within two (2) hours of notification for return to duty or follow up testing shall be subject to discharge. (i) Second offense – alcohol concentration of 0.02 or greater in any reasonable suspicion or any other bases for alcohol test, and/or testing positive for drugs and/or their metabolites in any drug test or any other bases for drug test, shall be discharged. (j) Employee's failure to participate in the temporary and/or final releases for duty testing in a timely manner shall be subject to discharge. 4. Although the foregoing will ordinarily result in discharge regardless of the employee’s position, the Sheriff Director reserves the exclusive right to consider extenuating circumstances and to impose lesser discipline.