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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 DISCHARGEiscipl'ne a d Eseha ge: <br />Confirmatory Positive Test Result. <br />The eityCity will not discharge an employee for a first confirmatory positive test unless the <br />following conditions have been met: <br />• The eityCity 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 eityCity 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 />• The employee has either refused to participate in the counseling or rehabilitation program <br />or has failed to successfully complete the program, as evidenced by withdrawal from the <br />program before its completion or by a refusal to test or positive test result on a <br />confirmatory test after completion of the program. <br />Other Misconduct. <br />Nothing in this policy limits the right of the sityCity to discipline or dismiss an employee on <br />grounds other than a positive confirmatory test result, including conviction of any criminal drug <br />statute for a violation occurring in the workplace or violation of other cityCity personnel <br />policies. <br />Emergency Call Back to Work Provisions: <br />If an employee is called out for a cityCity emergency and he or she reports to work and is <br />suspected of being under the influence of drugs, alcohol, or cannabis he or she will not be subject <br />to the testing procedures of this policy but will not be allowed to work. Appropriate <br />arrangements for return transportation to the employee's residence will be made. It is the sole <br />responsibility of the employee who is under the influence of alcohol, drugs or cannabis and who <br />is called out for a cityCity emergency, to notify his or her supervisor of this information and <br />advise if he or she is unable to respond to the emergency call back. <br />Non -Discrimination <br />The si4yCity of Ramsey policy on work -related substance abuse is non-discriminatory in intent <br />and application; however, in accordance with Minn. Stat., ch. 363, disability does not include <br />conditions resulting from alcohol or other drug or cannabis abuse which prevents an employee <br />from performing the essential functions of the job in question or constitutes a direct threat to <br />1041Page <br />