| (a) Requirements after violation. An employee shall
complete the following requirements if the employee has a positive
drug test result or an alcohol test result of 0.04 or greater, or
if the employee is a commercial driver, safety-impact employee, or
vessel crewmember who violated §4.44(b)(1) - (5) of this subchapter.
(1) The supervisor or the substance control officer
will mandatorily refer the employee to the EAP and require the employee
to complete treatment.
(2) The employee will undergo a return-to-duty alcohol
or drug test. An alcohol test must indicate a result of less than
.02, and a drug test must indicate a verified negative result. An
employee will be terminated from the department if the employee fails
to pass the return-to-duty drug or alcohol test.
(3) The employee will provide a completed return-to-work
form before resuming any critical duties. Commercial drivers, vessel
crewmembers, and safety-impact employees who are not required to provide
a return-to-work form will still be subject to a return-to-duty test.
(4) The employee will undergo follow-up testing for
alcohol or drugs for up to 60 months. Follow-up testing will include
at least 6 tests in the first 12 months after the employee's return
to duty. The number and frequency of follow-up tests will be established
by the EAP counselors. The EAP counselors may terminate the requirement
for further testing at any time after the first six tests have been
administered. An employee who fails to pass a follow-up drug or alcohol
test has not completed treatment and will be terminated from the department.
(b) Termination. An employee who has accrued twelve
months or less of employment with the department or who is a project
or temporary employee will be terminated from the department if the
employee has a positive drug test result or an alcohol test result
of 0.04 or greater.
(c) Required leave. If an employee has an alcohol test
with a result of 0.02 or greater but less than 0.04, the supervisor
or the substance control officer will prohibit the employee from working
for 24 hours and will require the employee to take sick leave, vacation
leave, compensatory time, or leave without pay. The employee will
only be required to take leave without pay if the employee has exhausted
all accrued leave.
|
| Source Note: The provisions of this §4.37 adopted to be effective November 21, 2002, 27 TexReg 10754; amended to be effective January 1, 2009, 33 TexReg 10053; amended to be effective March 18, 2015, 40 TexReg 1523; amended to be effective April 18, 2017, 42 TexReg 2008 |
