Nev. Admin. Code § 284.893 - Return to work of employee who tests positive for alcohol or controlled substance while on duty

1. The appointing authority of an employee who tests positive for the presence of alcohol or a controlled substance while on duty and who, as a result, is subject to disciplinary action pursuant to NAC 284.646 or 284.650 but is not terminated shall, before allowing the employee to return to work, require:

(a) The employee or the employee assistance program to which the employee was referred provide to the appointing authority documentation from a counselor who is licensed or certified pursuant to chapter 641C of NRS or another health care provider who has training or experience in counseling persons with an alcohol or other substance use disorder which verifies that the employee is able to return to duty and perform the essential functions of his or her job.

(b) The employee to submit to a screening test.

2. The employee is responsible for the cost of any:

(a) Counseling services the employee receives to verify that the employee is able to return to duty and perform the essential functions of his or her job and any documentation of those services; and

(b) Screening test, required pursuant to subsection 1.

3. An employee who fails or refuses to submit to a screening test required pursuant to subsection 1 is subject to disciplinary action, including, without limitation, termination, at the discretion of the employee's appointing authority.

Notes

Nev. Admin. Code § 284.893

Added to NAC by Personnel Comm'n by R066-09, eff. 10-27-2009; A by R195-09, 4-20-2010; R138-12, 10-4-2013

; A by R069-19A, eff. 5/21/2020

NRS 284.065, 284.155, 284.407