Treatment and Disciplinary Action. On the first occasion in which an employee is determined to be under the influence of or using alcohol or other drugs while on duty and confirmed by testing pursuant to this policy, the employee shall be given the opportunity to enter into and successfully complete a substance abuse program certified by the Employee Assistance Program. No disciplinary action shall be taken against the employee, provided he/she successfully completes the program. The College shall take no adverse employment action against any employee who voluntarily seeks treatment, counseling, or other support for alcohol or drug related problems. However, the disclosure of the desire or intent to seek such treatment after an incident that could reasonably lead to testing, discipline and/or discharge shall not be considered voluntary. Further, the College may require random drug testing as provided herein and may reassign the employee with pay if they are unfit for duty in their current assignment. An employee’s refusal to accept referral for diagnosis or to follow the prescribed treatment will be handled in accordance with other policies relating to job performance, and other provisions of this Agreement. Continued unacceptable job performance, attendance, and/or behavioral problems may result in disciplinary action, up to and including termination. Employees on their initial probationary period who test positive for drugs or alcohol from a reasonable suspicion test shall not be eligible for a last chance or Employee Assistance Program Agreement. The probationary employees may be terminated on the first occasion in which they test positive for alcohol or other drugs.
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Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement