(A) New probationary employees. Probationary employees who violate any provision of this policy shall be subject to immediate discipline up to and including discharge.
(B) Regular status employees. Any regular status, covered employee who violates any provision of tins policy shall be subject to discipline or discharge. This may include a requirement to fully comply with the employer return-to-work/last chance agreement. Such an agreement shall include the conditions under which the employee shall be allowed to continue his or her employment with the employer. It may also include a requirement for continued compliance and satisfactory completion of any treatment prescribed by the substance abuse professional including after-care programs and special requirements by the employer, or any other requirements deemed appropriate by the parties involved, including discharge if the conditions of the agreement are not met. The employer shall decide on a case-by-case basis, if the covered employee is eligible to participate in a last chance agreement; however, in most cases of violation of the policy the employee will be discharged.
(C) Referral, evaluation and treatment.
(1) Employees who have violated this policy may be offered a “last chance agreement”. Employees who have violated this policy are not automatically entitled to a last change agreement. The employer will determine on a case-by-case basis depending upon the circumstances if an employee is eligible. In most cases, employees in violation of this policy will be terminated.
(2) The employee shall be evaluated by a qualified substance abuse profession (“SAP”). The employee is financially responsible for any and all costs associated with the SAP process and required follow-up drug/alcohol testing. The substance abuse professional shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and/or controlled substance use. An employee who has not been terminated or who may be eligible for a return to duty contract is responsible to have the substance abuse professional initial assessment completed within ten working days after referral from the employer.
(3) If determined necessary by the substance abuse professional, the employee must properly follow any education, treatment or rehabilitation program identified.
(4) The employee shall undergo a return-to-duty drug and/or alcohol and/or controlled substance tests following his or her return to duty. The number and frequency shall be as directed by the substance abuse professional and consist of at least six tests in the first 12 months following the employee’s return to duty. Such follow-up testing shall not exceed 60 months from the date of the employee’s return to duty. The substance abuse professional may terminate, at his or her discretion, the follow-up tests at any time the substance abuse professional’s private practice or be provided by a person or organization from which the substance abuse professional receives remuneration or has a financial interest.
(D) Available work for employees removed from safety sensitive duties. The employer will not provide non-safety-sensitive work for a covered employee who has violated any of the provisions of this policy. If, however, an employee has made a voluntary admission of use in accordance with this policy, if appropriate non-safety sensitive work is available, it may be offered on a case-by-case basis.
(Res. 2003-01, passed 1-7-2003)