Refusal to Submit. Refusal to submit to an alcohol or controlled substances test means an employee:
(1) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing;
(2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing; or,
(3) engages in conduct that clearly obstructs the testing process.
Refusal to Submit. The refusal by a member of the Department to submit to a drug or alcohol screening test, pursuant to these provisions, will result in the member's immediate suspension without pay and subsequent disciplinary action which may include dismissal from the Department.
Refusal to Submit. An employee shall be considered to have refused to submit to a test under this policy when he/she:
Refusal to Submit. Employees who refuse to submit to a required drug test under this policy may be disciplined up to and including discharge from employment.
Refusal to Submit. No commercial driver shall refuse to submit to a post-accident alcohol or controlled substance test, a reasonable suspicion alcohol or controlled substance test, or a follow-up alcohol or controlled substance test.
Refusal to Submit. An employee who refuses to provide adequate breath or saliva for alcohol testing with no reasonable medical explanation or who engages in conduct that clearly obstructs the testing procedure will be considered to be .040.
1. The following procedures will be followed in response to an alcohol test of .040 or greater:
a. The employee will be removed from his/her safety sensitive duties, relieved of duty suspended without pay and offered an opportunity for SAP assessment and evaluation.
b. The SAP will develop an appropriate rehabilitation plan if one is required. A negative return to duty test will be a condition of return to work.
c. If the employee declines to be assessed by the SAP of refuses to follow the treatment recommendations and/or conditions of the SAP Assessment he/she will be terminated from employment.
d. Rehabilitation/Treatment beyond the scope of the City of Norwich EAP or Medial Plan offerings will be the financial responsibility of the employee. Employees enrolled in a formal treatment program will be granted rehabilitation leave retroactive at full pay up to accumulated sick leave. Employees using up accumulated sick leave will be permitted to use vacation and other accumulated leave time.
e. To be eligible for continuation of employment on a rehabilitation pay basis in accordance with Section II.B.1.d above; the employees must have been employed six (6) months and will be monitored by the SAP regarding his/her continued cooperation with the treatment or condition of his/her return to duty program.
f. Upon return to duty the employee is subject to unannounced follow up alcohol testing for the period and at intervals scheduled by the SAP and MRO beyond the random alcohol testing required by regulation.
Refusal to Submit. Any Employee subject to drug and/or alcohol testing as outlined above who refuses to submit to such test shall be considered to have failed the test for purposes of this Article.
Refusal to Submit. Refusal to submit to any of the alcohol or controlled substance tests required by this Article will result in the employee's immediate removal from the any Employer functions and may result in disciplinary action. Refusal will be treated as a positive test and the employee will be referred to a counseling program and subject to return-to-duty and follow-up testing. Actions constituting a refusal to submit to a test include:
1. Failing to provide adequate breath for alcohol testing;
2. Failing to provide adequate urine for controlled substance testing;
3. Engaging in conduct that clearly obstructs the testing procedure;
4. Failing to remain readily available for a post-accident test.
Refusal to Submit. An employee who refuses to provide adequate breath or saliva for alcohol testing with no reasonable medical explanation, or who engages in conduct that clearly obstructs the testing procedure, will be considered to be .040.
1. The following procedures will be followed in response to an alcohol test of .040 or greater:
a. The employee will be removed from his/her safety sensitive duties, relieved of duty, suspended without pay, and offered an opportunity for SAP assessment and evaluation.
b. The SAP will develop an appropriate rehabilitation plan if one is required. A negative return to duty test will be a condition of return to work.
c. If the employee declines to be assessed by the Substance Abuse Professional, or refuses to follow the treatment recommendations and/or conditions of the SAP Assessment, he/she will be terminated from employment.
d. Rehabilitation Treatment beyond the scope of the City of Norwich EAP or Medical Plan offerings will be the financial responsibility of the employee. Employees enrolled in a formal treatment program will be granted rehabilitation leave retroactive at full pay up to accumulated sick leave. Employees using up accumulated sick leave will be permitted to use vacation and other accumulated leave time.
e. To be eligible for continuation of employment on a rehabilitation pay basis in accordance with Section II.B.2.d above the employee must have been employed six (6) months and will be monitored by the SAP regarding his/her continued cooperation with the treatment or condition of his/her return to duty program.
f. Upon return to duty, the employee is subject to unannounced follow-up alcohol testing for the period and at intervals scheduled by the SAP and MRO, beyond the random alcohol testing required by regulation.
Refusal to Submit. Employees who refuse to submit to a required drug test under this 1191 policy shall be terminated from employment as a fire service employee.
