Common use of First Positive Clause in Contracts

First Positive. In the first instance that an employee tests positive for drugs or is found to meet or exceed the breath alcohol level specified in this policy, the employee may be subject to discipline up to and including suspension, not to exceed five (5) duty shift days. The decision to issue discipline will be based on the City conducting a complete and thorough investigation, collecting relevant facts and information regarding the positive test result and complying with Section 24.5 – Notification and Review of the collective bargaining agreement. The foregoing limit on suspension is conditioned upon the employee agreeing to: 1. Undergo appropriate treatment as determined through the EAP. 2. Discontinue use of illegal drugs or use of alcohol or prescribed drugs. 3. Complete the course of treatment prescribed, possibly including an "after-care" group, for a period up to twelve (12) months. 4. Submit to random testing, a maximum of four (4) times over a period of "after-care" treatment or for a period of up to twelve (12) months. Employees who do not agree to the foregoing, shall be subject to discipline up to and including discharge. The employer may use the positive test as evidence of impairment. Cannabis metabolites can stay in a person’s blood for weeks after the psychoactive and motor effects of the drug have completely subsided. In addition, certain topical medications containing cannabis do not cause any psychoactive effects or motor impairment but can still result in a positive test for marijuana. In case of a positive cannabis test, before instituting discipline, the City will investigate, collecting relevant facts and information regarding positive test results. The employee will cooperate with this investigation. During this investigation, the City, at its discretion, may either allow the employee to continue working, or place him on paid leave. Changes in Testing Procedures: The parties recognize that during the life of the Agreement, there may be improvements in the technology of testing procedures for cannabis, which provide more accurate testing. In that event, the parties may bargain in good faith whether to amend this procedure to include such improvements. Notwithstanding the above, the Union recognizes that the City holds its Firefighters, as public safety professionals, to the highest standards to ensure public trust. Therefore, nothing in this policy should be interpreted that the City condones, or tolerates the use of cannabis at any time, including on or off-duty.