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The employer ritay verity, the employee's card after four (4) days to reconfirm the states and if the <br />empkry.c's inums is still N/A, the employermayterminate the employee <br />An employee who receives a states of N/A a second (2) time will be inferred to the Employee <br />Assistance Program for osamnuen, and will be required to follow the recommendations of the <br />HAP Counselor before being considered for further assignments The status ol'Clear (CL)will be <br />restored only with written approval of the EAP <br />This procedure will protest the employee's confidentiality and show the employer to audit the <br />status of his/her employees, which may be required by the owner to be submitted nionariv <br />A person who provides an insufficient specimen of urine or breath when required to do so shall be <br />repaired to an appropriate medical professional, as designated by the BCRC for evaluation at the <br />participant's expense. If the medical evaluation fails to reveal an acceptable medical explanation <br />for the inability to provide a specimen, the donor shall be considered to have refused to last and <br />discipline shall be imposed according to this policy tr a legitimate medical reason is repealed, no <br />action shall be taken and the employee shall be reimbursed by BCRC for the medical evaluation <br />expense <br />DILUTED SPECIMEN <br />An employee providing a diluted specimen will be given the opportunity to return to a collection <br />site within fortil-eight (49) hours to provide a amend (2) spoeirove, on his/her own time <br />Employees should refrain front excessive consumption of fluids prior to the ereat No adverse <br />action or discipline shall be taken against my employee based on a first (1) diluted specimen A <br />second (2) diluted specimen, without a valid medical reason, will be treated a, a refusal to submit to <br />testing <br />M <br />4 A confirmed positive or a "N/A" stains will not be the sale basis for termination of <br />employment Only employees %%tie are in non-compliance widir this program may be <br />discharged, For the purposes ofilds provision, "non-cornpliance" shall mean one or <br />more of the following: <br />Failure to report to the program's Employee Assistance Frogman as directed, <br />Radius to follow and/or complete a EAP-prescribed treatment Fragrant, <br />Failure to take a return -to -duly or hallow -up test, <br />Failure to report for a random Irm request within seven (7) days, <br />Failure to sularnh to a drug or alcohol fear when requested to do so by the EAP <br />5 An individual testing positive for a third (3) time in a twelve (12) month period shall <br />not be pennitled to take a Return -to -Duty test for one (1) year and his/her BCRC <br />Substance Abuse Cud shall be invalidated for the same time period..The individual <br />most also complete an EAP-prescribed treatment program before returning to work <br />For the purposes of this policy, a negative test meant occur before any future positive <br />tests vail be wanted as additional strikes <br />6 An employee whose test resells are verified posifi% e will be referred to [he HAP by the <br />MRO The employee is expected to attend all appointments with the EAP counselor and <br />to follow the HAP counselors instructions <br />The return-lo-duty test is required for an employee to be re -instated into the program following a <br />positive test The participant mot have a negative drag test before reaching performance of his/her <br />job duties <br />FOLWW-UP TESUNG <br />SPECIMEN <br />When a urine specimen is referent as adulterated, or substituted, or who. the temperature range is <br />below 90 degrees or above 100 degrees F, the employee will be considered to have not cooperated <br />with the testing proms, and the rest will be considered a refusal to be tested <br />In addition, the employee who has refused to be [cited, or who um; or possesses a counterfeit drug <br />card, shall be subject to employer diseftairic up to and including discharge, subject to the <br />representation language <br />I An emplovee who tests positive for drugs and/or almhol shall be contacted directly by <br />the Medical Review Officer (MRO) ll'theMRO verifies the res.iLgorthe positive IV31, <br />the MRO will notify the individual that he or she is ineligible for work and he/she will <br />be directed to contact the prsueni'a Employee Assistance Program (HAP) tic, <br />consultation and roview, If the MRO corhavis the indi, local and find, that there is a <br />reason for the positive test (an authorized prescriptive medication) the MRO sill <br />downgrade the result to a negative, and the individual's card will be marked "Cf.", <br />2 In the case of a confirinecd positive drug or alcohol last, the Third party Admirtislonor <br />(T'PA) svfll be nati[ied that the emphryee's status should be marked `°N!A The"N/K' <br />status will be efriective at the moment that a coramouxi positive test is received <br />3 Before rearming in work, an employee mot (1) complete an evaluation with the <br />program's Employee Assistance Program provided by the BCRC EAP Provider, (2) <br />follow a treatment plan proscribed by the program's HAP, (3) obtain written <br />documentation from the program's HAP verifying fanns far duty, and (4) obtain a <br />negative result ou a 'mum-10-duh, lest <br />26 <br />Follow-up feeling fordrugs and alcohol is a requirement in order for a returning employee to stay in <br />compliance with the BCRC Program Testing shall be determined by the Employes Assistance <br />Counselor, and will be implemented when the employee returns to work <br />DISPUTED POSITIVE RESULTS <br />An employee who disputes positive results mall have the right to have his/her initial sample <br />independently re -tested by a Department of Health and Human Services (DHHS) certified <br />laboratory of his/her choice, at his/her own expense, within ten (10) working days of when he/she <br />rows no(itied of the Lost results. A portion of the initial sample shall be forwarded trader a chain-of- <br />cianody directly by BCRC's testing laboratory to the laboratory selected by the individual Review <br />of am drug test result must be performed by a qualified MRO who has been approved by BCRC If <br />the second lab report shows the presence ofacontrolled substance, the test result whit be considered <br />positive. If the second lab report test indicates no presence of a controlled smanturce, then both tests <br />will be considered negative <br />The following section only applies when the employee tests due to Post -Accident or Probable <br />Cave: If the test is negative, the affiliated employer will reimburse the individual for compensation <br />lost at the appropriate rate within me collective bargaining agreement, straight orpocrinurn pay, <br />during the period of his/her disciplinary suspension or Intimation and will reimburse the individual <br />for the cost of the re-Iml <br />An individual whose last results are verified positive will be referred to the HAP by the MRO,. The <br />individual is eomersed to attend all appointmems with the LAP counselor and to follow the <br />counselor's recommendations and requirements <br />A positive alcohol testing conducted on a breath sample cannot be re -tested. <br />27 28 <br />