Agenda - Council Work Session - 11/26/2024

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Right to Confirmatory Retest A job applicant or employee may request a confirmatory retest of the original sample at the job applicant's or employee's own expense after notice of a positive test result on a confirmatory test. Within five working days after notice of the confirmatory test result, the job applicant or employee must notify the eityCity in writing of the job applicant's or employee's intention to obtain a confirmatory retest. Within three working days after receipt of the notice, the eityCity will notify the original testing laboratory that the job applicant or employee has requested the laboratory to conduct the confirmatory retest or transfer the sample to another qualified laboratory licensed to conduct the confirmatory retest. The original testing laboratory will ensure the control and custody procedures are followed during transfer of the sample to the other laboratory. In accordance with Minn. Stat. § 181.953, subd. 3, the laboratory is required to maintain all samples testing positive for a period of six months. The confirmatory retest will use the same drug and/or alcohol threshold detection levels as used in the original confirmatory test. In the case of job applicants, if the confirmatory retest does not confirm the original positive test result, the 64 yCity's job offer will be reinstated, and the eityCity will reimburse the job applicant for the actual cost of the confirmatory retest. In the case of employees, if the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test will be taken against the employee, the employee will be reinstated with any lost wages or salary for time lost pending the outcome of the confirmatory retest result, and the eityCity will reimburse the employee for the actual cost of the confirmatory retest. Access to Reports In accordance with Minn. Stat. § 181.953, subd. 10, an employee will have access to information contained in his or her personnel file relating to positive test results and to the testing process, including all information gathered as part of that process. Dilute Specimens A negative or positive dilute test result (following a second collection) which has been confirmed will subject an employee to immediate termination. CONSEQUENCES FOR EMPLOYEES ENGAGING INPROHIBITED CONDUCT Job Applicants: The eityCity's conditional offer of employment will be withdrawn from any job applicant who refuses to be tested or tests positive for illegal drugs as verified by a confirmatory test. Employees • No Adverse Action without Confirmatory Test. The eityCity will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee based on a positive test result from an initial screening test that has not been verified by a confirmatory test. • Suspension Pending Test Result. The eityCity may temporarily suspend a tested employee with or without pay or transfer that employee to another position at the same 114P age