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Anv costs over and above the icisurance coverage shall be paid for by the Employer for initial <br />1 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 the%• shail6e subject to <br />ciisciplinary aciion as per flie department Rules and Regulauons. The Employee will be re- <br />evatuated by an E.A.P. counselor to determine if the Employee requires additional counseling <br />and/or treatment. The EmpIoyee wiII be soiely responsibte for any costs, iiot coNTered by <br />insurance, which arise from this additional counseling or treatment If an Empioyee tests positive <br />during this subsequent twenty-four month period which in effect will be the Employee's third <br />chance for rehabilitation, the Empluyee will be subject as per the Department Ruies and <br />Regulations. <br />33.11 DUTY ASSIGNMENT AFTER TREATMENT <br />Oizce an Employee successfully compleies rehabilitation. lie shall be returned to his regular duty <br />assignment. Once treatment and any follow-up is completed, and thrce years liave passed since <br />the Employee entered the program, the Employee"s personnel file shatt be purged of :uty reference <br />to his cirug or alcohol problem: <br />33.12 RICHT OF APPEAL <br />The Employee has the right to challenge the results of the drug or alcohol tests and any discipline <br />imposed in the same manner that airy other Employer action under the tenns of the Agreement is <br />grievable. <br />> ;.13 UNION HELD HA.RMLESS <br />Tliis drug and alcohol testing program was iniUated at the request of the Employer. The Fire <br />Department assumes sole responsibility for the administrarion of this Policv and shail be solely <br />liabfe for au_y legal obligatians and costs arising out of The provisions aiid/or application of this <br />collective bargaining agreement relating to drug and alcohol testing. T1ie Associatioir shall be <br />held harniless for tlie violation of anv tivorker rights arising from the adnunistration of the drug <br />and alcohol testing program. <br />3:.14 CHANGES IN TESTTNG PROCEDURES <br />The parties recagnize that during the life of ilus Ag,reement there may be improvements in the <br />technology of testing procedures which provide more accurate testing. In ihat event the parties <br />41 <br />.s.? ? ??,.,•,.P.. _ aw.r.,?.: ?-???.. r ? r<. ?,?,,? _r .,?.>?.. ., ?,?, .. ,.._, . .