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3. DISCIPLINE <br />FMCSA regulations do not mandate any specific disciplinary action; all discipline is applied <br />under the City's authority and discretion. Compliance with the City's Drug and Alcohol Policy <br />is a condition of employment for all covered employees. A violation of any part of the City's <br />Drug and Alcohol Policy or applicable contract provisions may result in discipline, up to and <br />including discharge. <br />Covered employees who are discharged as a result of violating the Drug and Alcohol policy will <br />be given information about treatment programs available in the community and referred to a <br />(Substance Abuse Professional) (SAP) for evaluation. <br />Treatment <br />In the event that a continuing covered employee is referred for treatment by a SAP, said covered <br />employee may be required, at employee's expense, to satisfactorily complete an approved drug <br />or alcohol treatment program and aftercare as a condition of continuing employment. <br />Work absences for treatment purposes may qualify for available sick leave and vacation benefits, <br />provided the covered employee is following the prescribed treatment program. If sick leave and <br />vacation leave have been exhausted, the covered employee will be placed on a medical leave of <br />absence without pay. Covered employees, working under an agreement that they satisfactorily <br />complete an approved program of drug and/or alcohol dependency treatment, will be required to <br />submit to follow -up drug and/or alcohol testing to verify continued abstinence from drugs and/or <br />alcohol for at least 12 months. The frequency and duration of the follow -up testing will be <br />recommended by the SAP, with a minimum of 6 tests during the first 12 months after the <br />covered employee has returned to duty. <br />3.3 Return to Work Agreement <br />Covered employees who are permitted to return to work after having violated this policy, or who <br />have voluntarily obtained treatment prior to a violation of this policy, will be required to sign a <br />return to work agreement prior to being permitted to return to his/her safety- sensitive position. <br />The return to work agreement is not a guarantee of continued employment. Covered employees <br />working under a return to work agreement must also follow all other City policies and <br />procedures. <br />City of Eugene Page 3 -1 DOTIFMCSA Drug & Alcohol Policy <br />September 2010 Information Packet <br />