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original sample at the employee's or job applicant's expense. The employee or job applicant has <br />five working days in which to notify the City of this request in writing. <br />Confirmatory Retests: After an employee or job applicant chooses to request a Confirmatory <br />Retest, the employee or job applicant has five (5) working days within which to notify the City of <br />this request in writing. Within three (3) days of the receipt of such request, the City will notify the <br />original testing laboratory that it is to conduct a Confirmatory Retest or transfer the sample to <br />another certified laboratory for retesting. If the Confirmatory Retest does not confirm the original <br />positive test result, no adverse personnel action will be taken by the City. If the Confirmatory <br />Retest is positive, the City may withdraw its conditional offer of employment to a job applicant or <br />terminate an employee if such employee chooses not to participate in a chemical dependency <br />treatment or evaluation program. <br />Data Privacy: <br />Test result reports and other information acquired in the drug and alcohol testing process are private <br />data on individuals as defined in Minnesota law, and may not be disclosed to another employer or to <br />a third party individual, governmental agency, or private organization without the written consent of <br />the employee or applicant tested, unless otherwise permitted by law or required by court order. <br />Other Misconduct: <br />Nothing in this Policy limits the right of the City to discipline or discharge an employee on grounds <br />other than a positive test result in a Confirmatory Test. For example, possession, observed <br />consumption of a controlled substance, the sale of a controlled substance on City premises, or <br />conviction under any criminal drug statute for a violation occurring in the workplace, may by <br />themselves, be grounds for discipline or discharge. Any City employee may be subject to discipline <br />up to and including termination for violation of this Policy or any rules adopted by the City with <br />respect to the manufacture, use, sale, or transfer of drugs and alcohol. <br />Administrative Resnonsibility: <br />The City Administrator, or his or her designees, shall be responsible for implementing this Policy. <br />Each Department Head and supervisor shall be responsible for informing their employees of this <br />Policy. Each employee of the City shall be notified of this Policy. Employees shall acknowledge, <br />in writing, receipt of this Policy. <br />Collective Bareainine Unit Conflict: <br />Nothing set forth in this Drug Free Workplace Policy is intended to conflict or interfere with the <br />terms of a collective bargaining agreement, if any, between the City and its employees. <br />Employee Assistance Program: The City contracts with an outside Employee Assistance <br />Program (E.A.P.) to provide free, confidential assessment and referral services for any number of <br />personal problems including drug and alcohol abuse and misuse. Employees are encouraged to <br />use this service to obtain assistance for themselves or family members. To obtain more <br />information, contact Human Resources. <br />781Page <br />