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12-11-2023 Council Meeting Packet
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12-11-2023 Council Meeting Packet
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12/11/2023 9:12:54 AM
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City Council
Council Document Type
Council Packet
Meeting Date
12/11/2023
Council Meeting Type
Regular
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52 <br /> <br />receipt of result by the City. A “Negative Test Results Notification” form will be sent to the <br />employee, and he or she may request a copy of the test result report from Human Resources. <br /> <br />Notification of Positive Test Results: <br />In the event of a confirmed positive blood or urine alcohol and/or drug, or cannabis test result, <br />the City will notify the employee of a positive drug and/or alcohol result within three days of <br />receipt of the result. Human Resources will send to the employee or job applicant a “Positive <br />Test Results Notification” letter containing further instructions. The employee or job applicant <br />may contact Human Resources to request a copy of the test result report if desired. In <br />accordance with Minn. Stat. § 181.953, subd. 3, a laboratory must report results to the City <br />within three working days of the confirmatory test result. <br /> <br />Right to Provide Information after Receiving Test Results: <br />Within three working days after notice of a positive drug, or alcohol or cannabis test result on a <br />confirmatory test, the employee or job applicant may submit information to the City to explain <br />the positive result. In accordance with Minn. Stat. § 181.953, subd. 10, if an employee submits <br />information either before a test or within three working days after a positive test result that <br />explains the positive test result, (such as medications the employee is taking), the City will not <br />take an adverse employment action based on that information unless the employee has already <br />been under an affirmative duty to provide the information before, upon, or after hire. <br /> <br />Right to Confirmatory Retest: <br />A job applicant or employee may request a confirmatory retest of the original sample at the job <br />applicant’s or employee’s own expense after notice of a positive test result on a confirmatory <br />test. Within five working days after notice of the confirmatory test result, the job applicant or <br />employee must notify the City in writing of the job applicant’s or employee’s intention to obtain <br />a confirmatory retest. Within three working days after receipt of the notice, the City will notify <br />the original testing laboratory that the job applicant or employee has requested the laboratory <br />to conduct the confirmatory retest or transfer the sample to another qualified laboratory <br />licensed to conduct the confirmatory retest. The original testing laboratory will ensure the <br />control and custody procedures are followed during transfer of the sample to the other <br />laboratory. In accordance with Minn. Stat. § 181.953, subd. 3, the laboratory is required to <br />maintain all samples testing positive for a period of six months. The confirmatory retest will use <br />the same drug and/or alcohol threshold detection levels as used in the original confirmatory <br />test. <br /> <br />In the case of job applicants, if the confirmatory retest does not confirm the original positive <br />test result, the City’s job offer will be reinstated, and the City will reimburse the job applicant <br />for the actual cost of the confirmatory retest. In the case of employees, if the confirmatory <br />retest does not confirm the original positive test result, no adverse personnel action based on <br />the original confirmatory test will be taken against the employee, the employee will be <br />reinstated with any lost wages or salary for time lost pending the outcome of the confirmatory <br />retest result, and the City will reimburse the employee for the actual cost of the confirmatory <br />retest. <br />94
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