Effects of Positive Alcohol Testing Results. 1. When an employee is found to be in violation of the alcohol provisions of this policy, he or she shall be referred to Human Resources and will be subject to mandatory administrative action, including referral to the SAP and one (1) day leave without pay. A second positive test indicating drugs and/or alcohol will result in termination of employment. 2. If the employee is retained, the SAP’s recommended rehabilitation will be a condition of continued employment. a. The cost of rehabilitation will be the responsibility of the employee. b. Employees may be allowed to use accrued leave to complete rehabilitation until such leave is exhausted at which time the employee may be allowed to go on unpaid leave. c. The employee remains responsible for successful completion of a treatment program, and assertions regarding the effectiveness of a program shall not constitute either an acceptable explanation or excuse for continuing to misuse alcohol and/or drugs or a defense to disciplinary action if the employee does not complete treatment. 3. The City may initiate action to terminate an employee for refusing to obtain counseling or rehabilitation through an SAP or a state licensed facility. 4. The employee must have a negative test result before returning to work. 5. The employee shall be subject to a return-to-duty agreement. 6. Following a verified positive test and after returning to duty, the employee will be subject to unannounced testing for a period of time determined by the SAP. 7. Any subsequent positive test for alcohol use will subject the employee to termination of employment. 8. An employee with a first breath alcohol test which shows a breath alcohol content of .02 or greater but .04 or less may not return to duty for the remainder of the scheduled work day and must take sick leave for the remainder of his/her shift. The employee shall have a negative test result before returning to work.
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Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement