If an EAP is to be involved in the implementation of a recovery agreement, RTWA, or LCA, the affected EA professionals will need to know how compliance will be ascertained.
First and foremost, however, we must determine what constitutes noncompliance with a recovery agreement or RTWA.
If an EA professional determines that an employee is not adhering to a recovery agreement or RTWA, how and when does s/he report non-compliance?
EAPs define recovery agreements, whereas RTWAs define the role the EAP is to play.
Many recovery agreements and RTWAs contain abstinence requirements that include all mood-altering substances for the length of the agreement, even if the identified problem was solely alcohol or a specific drug.
EA professionals should also be aware of the many legal ramifications of EAPs participating in recovery agreements and RTWAs.
As for court decisions, EA professionals considering participating in RTWAs and LCAs should review Marrari v.