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3. Before returning to work, an employee must (1) complete an <br />evaluation with the program's Employee Assistance Program <br />provided by the BCRC EAP Provider, (2) follow a treatment plan <br />prescribed by the program's EAP, (3) obtain written <br />documentation from the program's EAP verifying fitness for duty, <br />and (4) obtain a negative result on a return -to -duty test. <br />4. A confirmed positive test or a "NIA" status will not be the <br />sole basis for termination of employment. Only employees who <br />are in non-compliance with this program may be discharged. For <br />the purposes of this provision, "non-compliance" shall mean one <br />or more of the following: <br />• Failure to report to the program's Employee Assistance <br />Program as directed, <br />• Failure to follow and/or,complete a EAP-prescribed treatment <br />program, <br />• Failure to take a return -to -duty or follow-up test, <br />• Failure to report for a random test request within seven (7) <br />days, <br />• Failure to submit to a drug or alcohol test when requested to <br />do so by the EAP <br />5. An individual testing positive for a third (3) time in a twelve <br />(12) month period shall not be permitted to take a Return -to -Duty <br />test for one (1) year and his/her BCRC Substance Abuse Card <br />shall be invalidated for the same time period. The individual <br />must also complete an EAP-prescribed treatment program before <br />returning to work. For the purposes of this policy, a negative test <br />must occur before any future positive tests will be counted as <br />additional strikes. <br />6. An employee whose .test results are verified positive will be <br />referred to the EAP by the MRO. The employee is expected to <br />attend all appointments with the EAP counselor and to follow the <br />EAP counselor's instructions. <br />22 <br />