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12 <br />Attachment <br />The employee's work history, including length of service <br />and any past disciplinary action. <br />• The employee's job functions such as FTA or County safety <br />sensitive job functions. <br />• The circumstances of the positive test result. <br />Pending the County's decision as to disciplinary action, the <br />employee is removed from duty and receives leave with pay <br />for the regularly scheduled work hours. <br />If the decision is to dismiss the employee, any such dismissal <br />is handled as provided in Article IX of the Ordinance. An <br />employee who is dismissed is referred to the County's <br />Employee Assistance Program for substance abuse <br />assessment and referral for treatment. <br />If the decision is to allow the employee to continue in <br />employment, such employment is contingent on the <br />employee's signed acceptance of the terns of the County's <br />written Return to Duty Agreement. <br />11.6.2 Return to Duty Agreement <br />The Return to Duty Agreement terms include: <br />• The employee's acceptance of mandatory referral through <br />the County's Employee Assistance Program for substance <br />abuse assessment and treatment and the requirement for <br />the approval of a substance abuse professional before <br />return to work. <br />• A requirement that the employee have a negative test for <br />drugs and an alcohol test with a result of less that 0.02 <br />prior to return to duty. <br />• The employee's agreement to unannounced follow up <br />testing, including at least six tests in the 12 months after <br />return to duty and tests continuing for up to five years. <br />• An agreement to comply with the substance abuse <br />treatment plan and to provide reports as to compliance to <br />the Personnel Department. <br />