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H <br />792 - Road Union <br />Test results will be kept confidential in a secure file outside of the regular personnel <br />files. Access to the file will be extremely restricted - only the County Commissioners, <br />Employing Official, and Human Resources Director, or designee, will have access. All <br />records will be treated in the most confidential fashion by the Employer and the Union <br />Disclosures without employee consent may occur when: <br />The information is compelled by law or judicial or administrative process. <br />The information has been placed at issue in a formal dispute between the <br />Employer and the prospective employee. <br />The information is needed by medical personnel for the diagnosis or treatment <br />of a patient who is unable to authorize disclosure. <br />All costs associated with substance abuse testing, other than an independent analysis <br />requested by the employee, will be paid by the Employer. <br />Should analysis of the specimens indicate a negative level of a substance in an <br />employee's system, the employee will be reinstated to the employee's former position <br />Should analysis of the specimens indicate a positive level of a substance in an <br />employee's system, the Employer shall meet with the employee within five (5) days of <br />the receipt of the result for the purpose of advising the employee of the result, and to <br />provide the employee the opportunity for response to any potential disciplinary <br />proceedings. The employee's response may include the following: <br />The employee will have the right to submit further information relative to the <br />test results. <br />The employee may request a confirmatory re-test of the original sample at the <br />employee's own expense. <br />The employee may request a confirmatory re-test be conducted at a different <br />certified laboratory, with the same drug or alcohol threshold detection levels as <br />used in the original test. lf the confirmatory re-test does not confirm the original <br />positive test result, a third test shall be employed on the same specimen and <br />the result of the third test shall be final. The cost of the third test shall be <br />equally divided between the Employer and employee. <br />Should analysis of the specimens described in Article 22.4 (D) of this Agreement indicate <br />a positive levelof the substance in the employee's system, the Employer will have the <br />following options: <br />I Provide the employee an opportunity to enter into a Last Chance Agreement. As <br />part of the Last Chance Agreement, the Human Resources Department will refer <br />the employee to the Employee Assistance Program (EAP) to be evaluated by a <br />qualified Substance Abuse Professional (SAP). The SAP will determine the extent <br />of the employee's chemical dependency and whether the employee requires <br />treatment services. The employee will be placed on an unpaid leave-of-absence <br />so that the employee may enroll in and complete a certified alcohol and/or drug <br />treatment program. An employee may use accumulated PTO during this period; <br />and FMLA protections shall apply. Once the employee successfully completes <br />L <br />2 <br />3 <br />J <br />K. <br />T <br />2 <br />3 <br />L. <br />24