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The employee must also meet the requirements for returning to duty, including taking a return to duty test. (See also Referral, Evaluation and Treatment; Return to Duty Testing; Follow-up Testing After Return to Duty.) Referral, Evaluation, and Treatment Employees that refuse to test or test positive for prohibited drug and alcohol will be advised of resources available for evaluating and resolving problems associated with substance abuse and alcohol misuse, including the names, addresses, and telephone numbers of the substance abuse professional (SAP) and counseling and treatment programs. The provisions of this section are not meant to convey to an employee the right to raise a problem with substance abuse as a defense to the commission of an act that may result in disciplinary action. Under certain circumstances, employees may be required to undergo treatment for substance abuse. A covered employee who refuses or fails to comply with treatment requirements, after care, or return to duty requirements, shall be subject to disciplinary action, up to and including dismissal. Assessment by a SAP does not shield an employee from disciplinary action or guarantee continued employment with the City. The cost of any treatment or rehabilitation services will be paid directly by the employee or their insurance provider. If applicable and available, employees will be permitted to take leave to participate in the prescribed rehabilitation program. Employees who are permitted to return to work must enter into a written return to work contract with the City. Any violations of the provisions of the contract will result in disciplinary action, up to and including dismissal. Employee Assistance Program The Employee Assistance Program (EAP) is a service designed to provide assistance to employees whose personal problems are affecting their ability to function on the job, at home or in society. The City encourages employees that have a drug or alcohol problem to seek help immediately through the EAP. A covered employee cannot admit to a drug or alcohol problem once they are notified to proceed to take a DOT drug/alcohol test. Employees are notified that admitting to a drug or alcohol problem does not exempt them from the consequences of any drug and/or alcohol violation described in this policy. Discipline Policy Covered employees who test positive for prohibited drugs and/or alcohol on the first occurrence, excluding post-accidents, will be offered a continued work agreement in lieu of dismissal. The agreement will include a minimum ten (10) day disciplinary suspension, evaluation, and mandatory follow-up testing as determined by the Substance Abuse Professional. Second occurrences of violations of the City's Drug-Free Workplace Program Policy shall result in a SIB_Drug-Free_ Workplace_Program_-_ W-CDL Page 34 of 41 12/15/201 I