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 Town 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: 1) Undergo appropriate treatment as determined by the physician(s) involved, up to and including a physician of the Town and/or the Town's EAP Coordinator; 2) Discontinue use of illegal drugs or abuse of alcohol; 3) The employee agreeing to authorize persons involved in counseling, diagnosing and treating the employee to disclose to the Town the employee's progress, cooperation, drug and alcohol use and any dangers perceived in connection with performing job duties and completion or non-completion of treatment. 4) Complete the course of treatment prescribed, including an "after care" group for a period of up to 12 months. 5) Agree to submit to random testing during hours of work during the period of "after-care," and for a period of 12 months following the period of "after-care;" and, 6) Agree that during this last chance period in 5) above, if the employee tests positive again the employee may be terminated. Employees who do not agree to the foregoing shall be subject to discipline up to, and including, termination.