(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