Status of the Employee After Positive Drug Test. In the event of a confirmed positive drug test as set forth above, the employee may, at the discretion of the City, be suspended for 30 days (but no greater), which suspension shall be stayed pending his successful completion of the drug rehabilitation program described above, and such suspension shall be expunged from his record and from the City/Department files upon his successful completion of said program. After successful completion of said program, the employee shall return to duty and shall be subject to follow up random drug testing for a period of two years. If the employee is again found to have used any drugs listed in Chapter 94C (assuming no lawful prescription for same), the employee shall be subject to immediate disciplinary proceedings, up to and including discharge, and shall be availed of all of his rights under Chapter 31 and the collective bargaining agreement. If the employee is found to test positive for a prescription drug for which he has a lawful prescription, said employee shall not be subject to discipline under this article. All testing shall be at the sole expense of the City. Said reporting shall be maintained in a confidential manner and said reports shall only be provided to the Chief. In the event of a positive confirmed test result, the written test report shall be provided both to the Chief and to the employee, who may provide it to the Union at his discretion. In the absence of a confirmed positive report, all other test results shall be kept confidential by the testing laboratory and any references to the ordering of such drug testing shall be removed from all City files.
