LD 1361
pg. 6
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LR 1295
Item 1

 
determined by the rehabilitation or treatment provider
after consultation with the employer, the employee is
entitled to return to the employee's previous job with
full pay and benefits unless conditions unrelated to the
employee's previous confirmed positive result make the
employee's return impossible. Reinstatement of the
employee must may not conflict with any provision of a
collective bargaining agreement between the employer and
a labor organization that is the collective bargaining
representative of the unit of which the employee is or
would be a part. If the rehabilitation or treatment
provider determines that the employee has not
successfully completed the rehabilitation program within
6 months after starting the program, the employer may
take any action described in paragraph A.

 
(a) If the employee who has completed rehabilitation previously
worked in an employment position subject to random or arbitrary
testing under an employer's written policy, the employer may
refuse to allow the employee to return to the previous job if the
employer believes that the employee may pose an unreasonable
safety hazard because of the nature of the position a position
that would create an unreasonable threat to the health and safety
of the public, the employee or coworkers if the employee were
under the influence of a substance of abuse, the employer may
refuse to allow the employee to return to the previous job if the
employer believes that the employee might pose an unreasonable
safety hazard because of the nature of the position. The
employer shall attempt to find suitable work for the employee
immediately after refusing the employee's return to the previous
position. No reduction may be made in the employee's previous
benefits or rate of pay while awaiting reassignment to work or
while working in a position other than the previous job. The
employee shall must be reinstated to the previous position or to
another position with an equivalent rate of pay and benefits and
with no loss of seniority after an evaluation conducted by or
arranged through the rehabilitation or treatment provider
concludes that the unreasonable safety hazard has abated, or in
any event within 6 months after returning to work in any capacity
with the employer unless the employee has received a subsequent
confirmed positive result within that time from a test
administered under this subchapter or unless


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