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actual cost of the confirmatory retest. In the case of employees, if the confirmatory retest does <br />not confirm the original positive test result, no adverse personnel action based on the original <br />confirmatory test will be taken against the employee, the employee will be reinstated with any <br />lost wages or salary for time lost pending the outcome of the confirmatory retest result, and the <br />City will reimburse the employee for the actual cost of the confirmatory retest. <br />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 confuined <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The City's conditional offer of employment will be withdrawn from any job applicant who 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 <br />following 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 />94 <br />