12/18/1995 Council Packet - Laserfiche WebLink

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Opportunity to Explain - Upon a positive confirmatory test result, an employee or job applicant will be given the opportunity to explain the positive drug confirmatory test result with the Medical Review Officer. If the MRO upholds the positive drug determination, that test result will be provided to the City. There is no opportunity to explain a positive alcohol test provided in the rules. Confirmatory Re -Test - Any employee or job applicant may request a confirmatory re -test of the original sample, at the expense of the employee or job applicant, within 72 hours of receiving notice of a confirmed positive test result. If the employee requests an analysis of the split specimen within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another DHHS-certified laboratory for analysis. If an employee has not contacted the MRO within 72 hours, the employee may present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or the other circumstances unavoidable prevented the employee from making timely contact. If the MRO concludes that there is a legitimate explanation for the employee's failure to contact within 72 hours, the MRO shall direct the analysis of the split specimen. If the confirming retest is negative, no adverse action will be taken against the employee and an applicant will be considered for employment. The City may reimburse the employee for the expense of the re -test that is negative. The City will not discharge an employee that, for the first time, receives a verified positive drug or alcohol test result unless: 1. The employee refuses to meet with a substance abuse professional for the purpose of an evaluation for alcohol/controlled substance use/abuse and recommendations for an educational, counseling, or treatment program; or 2. The employee fails to enter the recommended program, or fails to successfully complete the program; or 3. The employee fails a return to duty alcohol and/or controlled substance test at the successful completion of the recommended program or subsequent unannounced follow-up alcohol and/or controlled substance testing. The City has in place an Employee Assistance Program to assist employees in addressing alcohol or drug abuse problems. Employees are encouraged to seek assistance before the problem affects their employment status. Participation in the program is confidential and normally voluntary, but participation may be required if usage of drugs or alcohol are determined to be present. Violations of this policy may constitute just cause for discipline, up to an including discharge. Each situation will be evaluated on an individual basis depending upon the severity and circumstances involved, and all disciplinary action shall be in accordance with the appropriate sections of the Minnesota Public Employers Labor Relations Act (MPELRA). 13