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Access to Reports: <br /> In accordance with Minn. Stat. § 181.953, subd. 10, an employee will have access to information <br /> contained in his or her personnel file relating to positive test results and to the testing process, <br /> including all information gathered as part of that process. <br /> Dilute Specimens: <br /> A negative or positive dilute test result(following a second collection)which has been confirmed <br /> will subject an employee to immediate termination. <br /> Consequences for Employees Engaging in Prohibited Conduct <br /> Job Applicants: <br /> The city's conditional offer of employment will be withdrawn from any job applicant who <br /> refuses to be tested or tests positive for illegal drugs as verified by a confirmatory test. <br /> Employees: <br /> • No Adverse Action without Confirmatory Test. The city will not discharge, discipline, <br /> discriminate against, or request or require rehabilitation of an employee based on a <br /> positive test result from an initial screening test that has not been verified by a <br /> confirmatory test. <br /> • Suspension Pending Test Result. The city may temporarily suspend a tested employee <br /> with or without pay or transfer that employee to another position at the same rate of pay <br /> pending the outcome of the requested confirmatory retest, provided the city believes that <br /> it is reasonably necessary to protect the health or safety of the employee, co-employees, <br /> or the public. <br /> The employee will be asked to return home and will be provided appropriate <br /> arrangements for return transportation to his or her residence. In accordance with Minn. <br /> Stat. § 181.953, subd. 10, an employee who has been suspended without pay will be <br /> reinstated with back pay if the outcome of the requested confirmatory retest is negative. <br /> Discipline and Discharge: <br /> Confirmatory Positive Test Result: <br /> The city will not discharge an employee for a first confirmatory positive test unless the following <br /> conditions have been met: <br /> • The city has first given the employee an opportunity to participate in either a drug or <br /> alcohol counseling or rehabilitation program, whichever is more appropriate, as <br /> determined by the city after consultation with a certified chemical use counselor or <br /> physician trained in the diagnosis and treatment of chemical dependency. Participation by <br /> the employee in any recommended substance abuse treatment program will be at the <br /> employee's own expense or pursuant to the coverage under an employee benefit plan. <br /> The certified chemical use counselor or physician trained in the diagnoses and treatment <br /> of chemical dependency will determine if the employee has followed the rehabilitation <br /> program as prescribed; and <br /> 1041Page <br />