Everett Firefighters Local No. 46 12/16/2022

61 Section 12 Voluntary Rehabilitation Program An employee may voluntarily enter rehabilitation without a requirement for prior testing. Employees who enter the program on their own shall not be subject to random retesting by the City. Employees may, with prior approval, use their accrued and earned leave for the necessary time off involved in the rehabilitation program. If an employee tests positive during the one (1) year period following completion of voluntary rehabilitation, the employee will be re-evaluated by a SAP to determine if the employee requires additional counseling and/or treatment. The employee will be solely responsible for any costs, not covered by medical insurance, which arise from counseling or treatment. Section 13 Duty Assignment If the duty assignment for an employee is modified or changed as a result of a voluntary rehabilitation program, and the employee successfully completes his/her rehabilitation program, the employee may be returned to the regular duty assignment. Once treatment and follow-up care is completed, and two (2) years have passed with no further violations of this article, test results will be purged from the personnel file. Section 14 Right of Appeal The employee has the right to challenge the results of a City-ordered drug or alcohol test and request a retest at the employee’s expense. The employee has the right to grieve any discipline imposed by the City pursuant to a positive drug or alcohol test in the same manner that the employee may grieve any other City action. Section 15 Off Duty Driving Under the Influence of Drugs or Alcohol The parties agree that all of the following penalties will be imposed upon any employee committing a gross misdemeanor or greater violation related to driving under the influence of drugs or alcohol off duty: 1. First conviction or Deferred Prosecution A. Mandatory inpatient treatment and counseling. The employee will be allowed to use accrued sick leave, if available, for treatment. B. Voluntary entry into the Washington Recovery and Monitoring Program for a period of no fewer than five (5) years. C. Employees with a restricted driver's license requiring an ignition interlock device will be prohibited from driving any City-owned vehicle as long as the license restriction applies. D. A last Chance Agreement of 60 months which will include a suspension and/or demotion at the sole discretion of the City. 2. Second conviction while working under a Last Chance Agreement will result in termination of employment. 3. Any third conviction will result in immediate discharge. Employees must notify the Assistant Chief of Operations or the on-duty Battalion Chief of any arrests and/or conviction under any criminal drug or alcohol statute prior to their next work day and within 72 hours following the arrest charge and/or conviction.