Agenda - Council Work Session - 11/28/2023

Home

the initial test and is negative in the confirming test, the employee will be reported as negative. Employees whose samples test positive in both tests shall be reported positive. An employee has the right to have a confirmed positive sample retested at the same or another City approved laboratory at the employee's own expense (approved laboratories must be in compliance with the Clinical Laboratory Improvement Act.). In addition, upon a positive test result, an employee may show that he or she is taking a prescription drug under the supervision of a physician, or a nonprescription drug in accordance with its directions, and the positive test result will be reevaluated in light of the drug and dosage used. If such a reevaluation shows that the positive result was caused by such use of prescription or nonprescription drugs, the result will be reported is negative. Failure to Pass Drug and/or Alcohol Testing: Employees who test positive for drugs or alcohol on a confirmatory test or confirmatory retest may be subject to discipline. Employees may be given the opportunity to go through rehabilitation following a first positive test. All discipline pursuant to this policy will be consistent with applicable law, including but not limited to, Minnesota Statutes, section 181.953 (as amended). If a job applicant for an affected position tests positive on a confirmatory test for drugs, any offer of employment will be withdrawn and the individual will not be considered for employment by the City. If a positive confirmatory test is caused by the lawful use of a drug prescribed for the job applicant or an over-the-counter substance consumed in accordance with instructions, the City will not withdraw a j ob offer. However, a j ob offer will be withdrawn if an applicant is not reasonably able to perform the assigned duties of the position. Rights of Employee or Job Applicant: An employee or job applicant who receives a positive test result on a Confirmatory Test has the right to receive a copy of the test result report and,within three (3)working days of notice of the original positive Confirmatory Test result,to submit information to the City in addition to any information already submitted to explain that result, or within five(5)working days to notify the City in writing of the employee's intention to obtain a Confirmatory Retest of the original sample at the employee's or job applicant's own expense. If the Confirmatory Retest is conducted in accordance with rules established by the Commissioner of the Minnesota Department of Health by a qualified laboratory, and if it is not positive,the City shall reimburse the employee or job applicant for the actual cost of the Confirmatory Retest in an amount not to exceed$100.00 and no adverse personnel action shall be taken against the employee or job applicant based on the original Confirmatory Test. General Testing Procedures: All testing will be performed by a licensed laboratory that certifies its compliance with the requirements of Minnesota State law. when the City decides to test for drug or alcohol use on any of the grounds enumerated in Section 4 the following procedures will apply: 801Page