What if an existing employee fails the test?
Companies have the option of terminating the employee under a No Tolerance policy or offering a Last Chance Agreement. If your company adopts a Last Chance policy, the employee is extended an offer to retain his/her job through the signing of a last chance agreement, whereby they agree to seek help through an Employee Assistance Program (EAP). When the EAP professional determines that the employee is making satisfactory progress, he/she is allowed to return to work contingent on passing a return to duty test and may be subject to additional follow-up testing after they have resumed employment. A No Tolerance Policy would terminate the employee’s employment.
