Common use of Refusal to Submit Clause in Contracts

Refusal to Submit. An employee who refuses to provide adequate breath or saliva for alcohol testing with no reasonable medical explanation, or who engages in conduct that clearly obstructs the testing procedure, will be considered to be .040. 1. The following procedures will be followed in response to an alcohol test of .040 or greater: a. The employee will be removed from his/her safety sensitive duties, relieved of duty, suspended without pay, and offered an opportunity for SAP assessment and evaluation. b. The SAP will develop an appropriate rehabilitation plan if one is required. A negative return to duty test will be a condition of return to work. c. If the employee declines to be assessed by the Substance Abuse Professional, or refuses to follow the treatment recommendations and/or conditions of the SAP Assessment, he/she will be terminated from employment. d. Rehabilitation Treatment beyond the scope of the City of Norwich EAP or Medical Plan offerings will be the financial responsibility of the employee. Employees enrolled in a formal treatment program will be granted rehabilitation leave retroactive at full pay up to accumulated sick leave. Employees using up accumulated sick leave will be permitted to use vacation and other accumulated leave time. e. To be eligible for continuation of employment on a rehabilitation pay basis in accordance with Section II.B.2.d above the employee must have been employed six

Refusal to Submit. An employee who refuses to provide adequate breath or saliva for alcohol testing with no reasonable medical explanation, or who engages in conduct that clearly obstructs the testing procedure, will be considered to be .040. 1. The following procedures will be followed in response to an alcohol test of .040 or greater: a. The employee will be removed from his/her safety sensitive duties, relieved of duty, suspended without pay, and offered an opportunity for SAP assessment and evaluation. b. The SAP will develop an appropriate rehabilitation plan if one is required. A negative return to duty test will be a condition of return to work. c. If the employee declines to be assessed by the Substance Abuse Professional, or refuses to follow the treatment recommendations and/or conditions of the SAP Assessment, he/she will be terminated from employment. d. Rehabilitation Treatment beyond the scope of the City of Norwich EAP or Medical Plan offerings will be the financial responsibility of the employee. Employees enrolled in a formal treatment program will be granted rehabilitation leave retroactive at full pay up to accumulated sick leave. Employees using up accumulated sick leave will be permitted to use vacation and other accumulated leave time. e. To be eligible for continuation of employment on a rehabilitation pay basis in accordance with Section II.B.2.d above the employee must have been employed sixsix (6) months and will be monitored by the SAP regarding his/her continued cooperation with the treatment or condition of his/her return to duty program. f. Upon return to duty, the employee is subject to unannounced follow-up alcohol testing for the period and at intervals scheduled by the SAP and MRO, beyond the random alcohol testing required by regulation.