Common use of First Positive Clause in Contracts

First Positive. Except in extreme situations, in the first instance that an employee tests positive on the confirmatory test, and where there are no other City or Department rule violations, the employee may be subject to a suspension not to exceed five (5) work days. The foregoing limit on suspension is conditioned upon the employee agreeing to: a. Undergo appropriate treatment as determined by the physician(s) involved, up to and including a physician of the City and/or the City’s EAP Coordinator. b. Discontinue use of illegal drugs or abuse of alcohol. c. The employee agreeing to authorize persons involved in counseling, diagnosing and treating the employee to disclose to the City the employee’s progress, cooperation, drug and alcohol use dangers perceived in connection with performing job duties and completion or non-completion of treatment. d. Complete the course of treatment prescribed, including an “after care” group for a period of up to twelve (12) months. e. Agree to submit to random testing during hours of work during the period of “after care”, and for a period of twelve (12) months following the period of “after care” and f. Agree that during this last chance period in (5) above, if the employee tests positive again, the employee may be terminated.