Reso 2011-1813 - Laserfiche WebLink

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4. The City will not dismiss, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test. 5. The City will not dismiss, discipline or discriminate against an employee solely upon the employee's voluntarily seeking treatment, while in the employ of the City, for a drug-related problem, if the employee has not previously tested positive for drug use, entered an employee assistance program for drug-related problems, or entered an alcohol or drug rehabilitation program. This shall not prevent follow-up testing as required by this program. IX. Employee Assistance Program (EAP) A. The City regards its employees as its most important asset. Accordingly, the City maintains an EAP which provides help to employees who suffer from alcohol or drug abuse and other personal or emotional problems. Employees with such problems should seek confidential assistance from the EAP or other community resources before drug or alcohol problems head to disciplinary action. Employees may contact the Human Resources Department for the name of the City's EAP. B. Information about a self-referred employee's contact with the EAP is confidential and will not be disseminated without the employee's permission. Further, an employee is not subject to discipline solely as a result of a self referral for treatment. C. However, use of the EAP or other community resources will not shield the employee from appropriate disciplinary action for violations of the City's Drug-Free Workplace Program if such violations come to the City's attention through other means, including, but not limited to, reports from employees or outsiders, direct observation, or drug testing. D. Employees referred to the EAP as a result of a first violation of the City's Drug-Free Workplace Program may, at the City's discretion, be allowed to continue their employment with the City provided: 1. They contact the EAP and strictly adhere to all the terms of treatment and counseling; 2. Immediately cease any and all abuse/use of alcohol/drugs; and 3. Consent in writing to periodic unannounced testing for a period of up to 60 months after returning to work or completion of any rehabilitation program, whichever is later. 4. Pass all drug test(s) administered under this program. 5. The employee executes and abides by an agreement describing the required conditions. E. Participation in any evaluation, treatment, or counseling program will be at the employee's expense unless participation in the particular program is required by the City, or unless the employee is entitled to such benefits under the terms of the City's group health plan or by other available benefits. SIB_Drug-Free_ WorkpIace]rogram_-_ W-CDL Page 18 of4I 12/15/201 I