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Initial Screening Test: Acknowledgement. Before the Initial Screening Test, the employee or job <br />applicant shall be informed of the City's testing policy and given a form on which the employee or <br />job applicant can acknowledge being so informed. <br />If the Initial Screening Test produces a negative result, written notice of such result will be given to <br />the individual who took the test within three (3) working days after the City receives the test result <br />report. The employee or applicant will also be notified that they have the right to request and <br />receive a copy of the test report. <br />The testing laboratory will perform a Confirmatory Test on all samples that produce a positive test <br />result on the Initial Screening Test. <br />Confirmatory Test. If the Initial Screening Test produces a positive test result, a second test <br />(known as the Confirmatory Test) will be conducted by the laboratory. If the Confirmatory Test is <br />not positive, the City will send written notice of this fact to the employee or job applicant within <br />three (3) working days after receiving the result. <br />If the Confirmatory Test produces a positive test result, the City will take the following four <br />steps: (1) The City will send written notice of the positive test result within three working days <br />after receiving it to the employee or job applicant. (2) The employee or job applicant will be <br />informed of the right to receive a copy of the test result. (3) The employee or job applicant will be <br />told of the right to explain the positive result by indicating any medication (prescription, signed for, <br />or over-the-counter) that the individual is currently taking or has recently taken and other <br />information relevant to the reliability of or explanation for a confirmatory positive test result. (4) <br />The employee or job applicant will be informed of the right to request a Confirmatory Retest of the <br />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 />811Page <br />