National Master Automobile Transporters Agreement For the Period ...

80Article 30Any employee who fails or refuses to submit to a random drug or alcohol test, on atimely basis as directed by the Employer in accordance with the requirements of D.O.T.regulations, will be deemed to have tested positive and will be immediately taken out ofservice; and in addition thereto will be subject to disciplinary action, up to and includingdischarge.D. Paid-for Time.An employee who is required to submit to a random drug or alcohol test will be paid atthe appropriate hourly rate for the time required in traveling to and from, and spent at,the collection/testing site. When requested by an employee, the Employer will providetransportation to and from the test site for all tests.All time spent by an employee attending a D.O.T. mandated educational program shallbe paid for by the Employer.E. Return to Duty After a Positive TestAny employee taken out of service as a result of a positive drug test or an alcohol testwhere the results show a breath alcohol concentration of 0.04 or greater, who is nototherwise subject to discharge, must undergo a return to duty drug or alcohol test afterreceipt of the written evaluation of the SAP, referred to above, indicating that no furtherassistance is necessary, before being returned to service. In cases involving drugs, thereturn to duty test will be given no less than seven (7) days from receipt by theCompany of the initial test result. In cases involving alcohol the test will be given on theday of receipt of the SAP evaluation or at the expiration of any period of disciplinarysuspension, whichever occurs first. If the employee tests negative, he/she will beimmediately returned to service upon receipt of the written test results.If the employee tests positive for drugs on such return to duty test, or if the return toduty alcohol test shows a breath alcohol concentration of 0.02 or greater, the employeewill remain out of service. If the test is positive for drugs or the alcohol BAC is 0.04 orgreater, he/she will again be referred to a SAP and will be subject to the requirementsof Section 8 above. Such an alcohol result of 0.04 or greater will also be considered asubsequent offense under the progressive discipline described in Section C.7 above.An employee who tested 0.02 to 0.039 BAC on his/her first return to duty test mustundergo a second return to duty test twenty-four (24) hours after the first return to dutytest. An employee who tested positive for drugs or 0.04 or greater BAC for alcoholmust undergo a second return to duty test after receipt by the Company of the writtenevaluation of the SAP that no further assistance is necessary. In such cases involvingdrugs, the test will be given no less than thirty (30) days after receipt of the prior testresults. In such cases involving alcohol, the test will be given on the day of receipt or at