PAP.9.11.150 Disciplinary Action for Noncompliance with the Drug-Free Workplace Policy
(a) First Test.
(1) Presumptive Positive Results:
(A) Upon receiving a presumptive positive result of the first drug test, the sample to be sent to the lab for confirmation will be sealed in a tamper resistant evidence bag. Every effort will be made to keep this information confidential.
(B) The team member will be allowed to return to work pending the confirmed result of the sealed sample sent for lab confirmation.
(2) Lab Confirmed Results:
(A) Upon receiving notification from the lab of confirmation of the confirmed positive results, the Human Resource Manager, or designee shall notify the team member's immediate manager of the policy violation. Every effort will be made to keep this information confidential.
(3) The team member will be called to HR to meet with the Human Resource Manager, or designee and are notified of their positive test results.
(4) The team member will be placed on a 30-day unpaid suspension:
(A) At this time the Team Member has the opportunity to voluntarily enroll into a EAP progress plan for a minimum of ninety (90) days. Compliance with the EAP progress plan will allow for twenty-three (23) days of the 30-day suspension to be placed on hold. If the Team Member violates any of the conditions of the EAP progress plan, the remaining twenty-three (23) days will be issued.
(5) If the team member has objections to the lab confirmed result, the team member has the option to retest the same sample at a lab of their choice. The team member is responsible for all additional charges associated with the retesting of the original sample.
(A) If the self-paid second test comes back negative, the team member may return to work, with back pay.
(B) If the self-paid second test comes back positive, the team member will remain on suspension as described in Section PAP.9.11.150(a)(4) above.
(C) If the team member chooses not to have the self-paid second test completed, they will remain on suspension as described in Section PAP.9.11.150(a)(4) above.
(D) It is the team member's responsibility to contact Human Resources at the end of their 30-day suspension. Failure to do so will result in termination for job abandonment, and subject to rehire status as established in Section PAP.9.11.160 of this manual.
(b) Follow-up Testing.
(1) Team member will be tested again at the end of 30 days, and provide EAP documentation of successfully complying with their counseling requirements.
(2) If the team member tests negative, they will be placed back into the workforce, subject to the property's for cause testing policy.
(3) A team member who is successfully complying with EAP requirements and still tests positive on their return to work test will be allowed to continue on suspension for up to 15 additional days while continuing to comply with EAP requirements.
(4) A team member may request a follow-up return to work test prior to the 15 days but this test will be at the team member's expense.
(5) The team member has the option to retest the same sample at a lab of their choice. The team member is responsible for all additional charges associated with the retesting of the original sample.
(6) If the self-paid second test comes back negative, the team member may return to work, with back pay.
(7) If the self-paid second test comes back positive, the team member's termination will be upheld.