(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 |