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• (a) Job Applicants: Job applicants may refuse to undergo drug testing. However, if a <br />job applicant refuses to undergo drug or alcohol testing requested or required by the <br />employer, no such test shall be given, and the job applicant shall be deemed to have <br />withdrawn the application for consideration for employment. <br />(b) Employees: Employees may refuse to undergo drug testing. However, if an <br />employee refuses to undergo drug and alcohol testing carried out in conjunction with this <br />Policy the employee may be subject to discipline including, but not limited to, immediate <br />ternunationdischargo. <br />l Formatted: Font: 12 pt, Font color: Auto <br />1 Formatted: Normal, Left <br />Formatted: Space After: 8 pt, Don't add space between <br />paragraphs of the same style, Bulleted + Level: 1 + Aligned <br />at: 0.25 + Indent at: 0.5 <br />Formatted: Space After: 8 pt, Don't add space between <br />paragraphs of the same style, Bulleted + Level: 1 + Aligned <br />at: 0.25 + Indent at: 0.5 <br />8. Tampering with the Urine or Blood Sample: t - -{ Formatted: Font: Bold <br />[Formatted: Indent: Left: <br />If an employee or job applicant tampers with his or her own urine or blood sample, or in any way t-- - - ( Formatted: Indent: Left: <br />deliberately causes a sample to be invalid, the employee may be subject to discipline including, but <br />not limited to, immediate terminationdi3chargo. <br />Confirmatory Testing. If a positive test is obtained, a second test will be performed on the same <br />sample for confirmation before disciplinary action is initiated. If a sample which tests positive in <br />the initial test and is negative in the confirmine test, the employee will be reported as negative. <br />Employees whose samples test positive in both tests shall be reported positive. An employee has <br />the right to have a confirmed positive sample retested at the same or another City approved <br />laboratory at the employee's own expense (approved laboratories must be in compliance with the <br />Clinical Laboratory Improvement Act.). <br />In addition, upon a positive test result, an employee may show that he or she is taking a <br />prescription drug under the supervision of a physician, or a nonprescription drug in accordance <br />with its directions, and the positive test result will be reevaluated in light of the drug and dosage <br />used. If such a reevaluation shows that the positive result was caused by such use of prescription <br />or nonprescription drugs, the result will be reported is negative. <br />Hut Failure to Pass Drug and/or Alcohol Testing: Employees <br />Without evidence of any other o who test for tlaa first tints <br />has a positive for drugs or alcoholtost result on a confirmatory test or confirmatory <br />retest may will not be subject to discipline. Employees may be given the <br />opportunity to go through rehabilitation following a first positive test. All discipline <br />pursuant to this policy will be consistent with applicable law, including but not <br />limited to, Minnesota Statutes, section 181.953 ( discharge unless: <br />(a) <br />T1k City has given tho employs a ata opportunity to participate in, at tho <br />arxiployaa'r 1111111103-111 pineina1i io co1ofaga uradur kta araiplayee-benefit <br />}�lar�s aithur a th ig or alcohol counseling or rakabilitatioit program, <br />whiAtavar i.s xa3fa'<141przgapi4tir.Ndotorminod by tho City aftor coartiiltatiora <br />with r.'artifiodchaluiac1yea eva,ILallirv-play ai�iantrained in till diagnosis <br />and treatment of chemical dependency; and <br />22IPagc <br />ti <br />Formatted: Font: Bold <br />JFormatted: Font: 12 pt <br />ziFormatted: Footer, Line spacing: single <br />0", First line: 0" <br />0" <br />