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s <br />33.10 REHABILITATION PROGRAM <br />Any Employee who tests positive for illegal drugs or alcoho[ shall be medically evaluated, <br />counseled and treated for rehabilitation as recommended by an E.A.P. counselor. Employees who <br />complete a rehabilitation program will be re-tested randomly once every yuarter for the foilowing <br />twenty-four months. An Employee may voluntarily enter rehabilitation without a requirement or <br />prior testing. Employees who enter a program on their own initiativa shall not be subject to re- <br />testing. The treatment and rehabilitation shall be paid for by the Employee's insurance program. <br />Any costs over and above the insurance coverage shall be paid for by the Employer for initial <br />treatment and rehabilitation. Employees will be allowed to use their accrued and earned leave for <br />the necessary time off involved in the rehabilitation program. <br />If an Employee tests positive during the twenty-four month period they shall be subject to <br />disciplinary action as per the deparhnent Rules and Regulations. The Employee wilt be re- <br />evaluated by an E.A.P. counselor to determine if the Employee requires additiona[ counseling <br />and/or treatment. The Employee will be solely responsible for any costs, not covered by <br />insurance, which arise from this additional counseling or treatment. If an Employee tests positive <br />during this subsequent twenty-four month period which in effect witl be the Empioyee's thira <br />chance for rehabilitation, the Employee will be subject as per the Department Rules and <br />Regulations. <br />33.11 DUTY ASSIGNMENT AFTER TREATMENT <br />Once an Employee successfully completes rehabilitation, he shall be retumed to his regular duty <br />assignment. Once treatment and any follow-up is corapleted, and three years have passed since <br />the Employee entered the progtam, the Emptoyee's personnei file shali be parged of any reference <br />to his drug or atcohol problem. <br />33.12 RIGHT OF APPEAL <br />The Employee has the right to challenge the resutts of the drug or alcohol tests and any discipline <br />imposed in the same manner that any other Employer action under the terms of the Agreement is <br />grievable. <br />33.13 UNION HELD IiARMLESS <br />49