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34.10 REHABILITATION PROGRAM <br />Any employee who tests positive for illegal drugs or alcohol shall be medically <br />evaluated, counseled and treated for rehabilitation as recommended by an E.A.P. counselor. <br />Employees who complete a rehabilitation program will be re-tested randomly once every quarter <br />for the following twenty-four (24) months. An employee may voluntarily enter rehabilitation <br />without a requirement or prior testing. Employees who enter a program on their own initiative <br />shall not be subject to re-testing. The treatment and rehabilitation shall be paid for by the <br />employee's insurance program. Any costs over and above the insurance coverage shall be paid <br />for by the employee for initial treatment and rehabilitation. Employees will be allowed to use <br />their accrued and earned leave for the necessary time off involved in the rehabilitation program. <br />If an employee tests positive during the twenty-four (24) month period they shall be <br />subject to disciplinary action as per the department Rules and Regulations. The employee will <br />be re-evaluated by an E.A.P. counselor to determine if the employee requires additional <br />counseling and/or treatment. The employee will be solely responsible for any costs, not covered <br />by insurance, which arise from this additional counseling or treatment. If an employee tests <br />positive during this subsequent twenty-four (24) month period which in effect will be the <br />employee's third chance for rehabilitation, the employee will be subject as per the Department <br />Rules and Regulations. <br />34.11 DUTY ASSIGNMENT AFTER TREATMENT <br />Once an employee successfully completes reha.bilitation, he shall be returned to his <br />regular duty assignment. Once treatment and any follow-up is completed, and three (3) years <br />have passed since the employee entered the program, the employee's personnel file shall be <br />purged of any reference to his drug or alcohol problem. <br />34.12 RIGHT OF APPEAL <br />The employee has the right to challenge the results of the drug or alcohol tests and any <br />discipline imposed in the same manner that any other Employer action under the terms of the <br />Agreement is grievable. <br />34.13 ASSOCIATION HELD HARMLESS <br />This drug and alcohol testing program was initiated at the request of the Employer. The <br />Fire Department assumes sole responsibility for the administration of this Policy and shall be <br />solely liable for any legal obligations and costs arising out of the provisions and/or application of <br />this collective bargaining agreement relating to drug and alcohol testing. The Association shall <br />be held harmless for the violation of any worker rights arising from the administration of the <br />drug and alcohol testing program. <br />33