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non-compliance with this program may be discharged. For the purposes of this <br />provision, "non-compliance" shall mean one or more of the following: <br />• Failure to report to the program's Employee Assistance Program as directed, <br />• Failure to follow and/or complete a EAP -prescribed treatment 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) days, <br />• Failure to submit to a drug or alcohol test 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 permitted to take a Return -to -Duty test for one (1) year and his/her BCRC <br />Substance Abuse Card shall be invalidated for the same time period. The individual <br />must also complete an EAP -prescribed treatment program before returning to work. <br />For the purposes of this policy, a negative test must occur before any future non - <br />negative (positive) tests will be counted as additional strikes. <br />6. An employee whose test results are verified non -negative (positive) by the MRO will be <br />referred to the EAP by the BCRC (TPA). The employee is expected to attend all <br />appointments with the EAP counselor and to follow the EAP counselor's instructions. <br />RETURN -TO -DUTY TESTING <br />The return -to -duty test is required for an employee to be re -instated into the program following a <br />positive test. The participant must have a negative drug test before resuming performance of his/her <br />job duties. This test may not be taken until the counselor has set a date for the test. <br />