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machinery, or equipment; has sustained or cause another person to sustain a work related personal <br /> injury; or has caused a work related accident or was operating or helping to operate machinery, <br /> equipment, or vehicle involved in a work related accident. <br /> Random Testing and Testing without Prior Notice: Random testing may be given without prior <br /> notice during regularly scheduled work hours to those employees who are in "safety sensitive" <br /> positions including any supervisory or management positions in which an impairment caused by <br /> drug or alcohol use would threaten the health or safety of any person. Under the random selection <br /> process,there is an equal probability that an employee in a safety sensitive position subject to the <br /> selection mechanisms will be selected for testing. The City does not have discretion to waive the <br /> selection of any employee chosen on a random selection basis. <br /> The City declares that all Fire Department positions (including but not limited to,union,non-union, <br /> supervisory and management positions) are hereby designated as "safety sensitive" positions. <br /> The City declares that all Public Works Maintenance Division positions, (including but not <br /> limited to, union, non-union, supervisory and management positions) are hereby designated as <br /> "safety sensitive"positions. <br /> Testing without prior notice may be conducted on employees who have been referred by the City <br /> for chemical dependency treatment or evaluation, or who are participating in a chemical <br /> dependency treatment program under an employee benefit plan, or who have participated in such a <br /> chemical dependency treatment program in the prior two years. <br /> Criteria for Selecting Testing Laboratories: The City will only use the services of a testing <br /> laboratory that meets one or more of the criteria for drug testing or other such applicable criteria as <br /> established under Minnesota law, as amended. <br /> Refusal to Undergo Testing: <br /> • Job Applicants: Job applicants may refuse to undergo drug testing. However, if a job <br /> applicant refuses to undergo drug or alcohol testing requested or required by the employer, <br /> no such test shall be given, and the job applicant shall be deemed to have withdrawn the <br /> application for consideration for employment. <br /> • Employ: Employees may refuse to undergo drug testing. However, if an employee <br /> refuses to undergo drug and alcohol testing carried out in conjunction with this Policy the <br /> employee may be subject to discipline including,but not limited to, immediate termination. <br /> Tampering with the Urine or Blood Sample: <br /> If an employee or job applicant tampers with his or her own urine or blood sample, or in any way <br /> deliberately causes a sample to be invalid,the employee may be subject to discipline including,but <br /> not limited to, immediate termination. <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 /> 791Page <br />