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TRANSPORTATION EMPLOYEE DRUG AND ALCOHOL POLICY UNDER <br />the omnibus TRANSPORTATION EMPLOYEE TESTING ACT Continued <br />direct the analysis of the split specimen. <br />If the confirming tetest is negative, no adverse action will be taken against the employee and an <br />applicant will be considered for employment. <br />The employer will not discharge an employee that, for the first time, receives a verified positive <br />drug or alcohol test result unless: <br />1. The employee refuses to meet with a substance abuse professional for the purpose <br />of an evaluation for alcohol/controlled substance use/abuse and recommendations <br />for an educational, counseling or treatment program; or <br />2. the employee fails to enter the recommended program, or fails to successfully <br />complete the program; or <br />3. the employee fails a retum*to-duty alcohol and controlled substance test at the <br />successful completion of the recommended program or subsequent unannounced <br />follow-up alcohol and controlled substance testing. <br />DISCIPLINE <br />Any person found to be in violation of this policy is subject to discipline up to and including <br />discharge. Disciplinary actions taken pursuant to this policy are appealable pursuant to the <br />procedures established in the Employer’s personnel policy and rules or any applicable collective <br />bargaining agreement, but not both. <br />Nothing in this policy limits or restricts the right of the City of Orono to discipline or discharge <br />an employee for conduct which violates the City of Orono policies or rules provided the <br />employee is not tested for controlled substances or alcohol. <br />CONFIDENTIALITY OF TEST RESULTS <br />All alcohol/controlled substances test results and required records are considered confidential <br />information. Any information concerning an individual ’s test results and records shall not be <br />released without the written permission of the individual except as provided for by regulation <br />or law.