In this section, the employer indicates what happens if the worker does not comply with all the terms of the agreement. As a general rule, the consequence is an immediate termination, unless the employee has a valid reason not to do so. If the employee.B signs a medical authorization so that the employer can receive progress reports but the institution does not make them available, this may be a cause of non-compliance. The staff member undertakes to provide, no later than one week after the date of this agreement, documents relating to enrollment in a counselling or treatment program for substance abuse. All costs of a consultation or treatment program are the employee`s responsibility. The employee undertakes to renounce the use of all alcoholic and other drugs, unless prescribed by a physician aware of the history of the employee`s drug abuse. This return-to-work agreement model was adapted by an agreement of the U.S. Department of Labor. The employee agrees to conduct drug testing at unannounced regular intervals for a period of two years from the date of this agreement. The examination is conducted six times a year. When workers return from treatment because of drug and alcohol problems that have violated the drug and alcohol policy, you should have them sign an agreement that sets out the expectations that affect both the employer and the worker, as well as all the consequences for the violation of the agreement.

Once the employee has read and accepted the terms of the last-chance agreement, the worker and employer should sign and date the agreement. An employer may choose, but is not required by the ADA to offer a “fixed choice” or a “last chance” to a worker who, failing that, due to poor performance or misbehaviour due to alcohol or drug abuse. In general, an employer undertakes, as part of a “firm decision” or “last chance agreement”, not to dismiss the employee in exchange for a worker`s agreement, to receive treatment for drug addiction, to renounce the use of alcohol or drugs and to avoid other problems in the workplace. As a general rule, a violation of such an agreement justifies dismissal because the worker does not meet the conditions of continued employment. The agreement should contain a summary of the employee`s conduct and failings and cite company guidelines that were violated. A summary of the progressive discipline received by the worker may also be included or, if the employer has kept detailed records, it can be referenced. The agreement should specify exactly what the employee needs to do to keep his or her job. With respect to drug and alcohol problems, the employer often requires the employee to take out a drug or alcohol rehabilitation program, provide periodic status reports or medical authorization to contact the rehabilitation centre directly, and regularly test for drugs or alcohol after the employee returns to the workplace. Under the ADA, employers are not advised to dictate medical treatment to workers.

However, a last-chance agreement is an exception to this rule. Employers have more leeway because they offer to withhold redundancies or other disciplines if they do not have to.