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53 <br /> <br /> <br /> <br /> <br />Access to Reports: <br />In accordance with Minn. Stat. § 181.953, subd. 10, an employee will have access to <br />information contained in his or her personnel file relating to positive test results and to the <br />testing process, including all information gathered as part of that process. <br /> <br />Dilute Specimens: <br />A negative or positive dilute test result (following a second collection) which has been <br />confirmed will subject an employee to immediate termination. <br /> <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The City’s conditional offer of employment will be withdrawn from any job applicant who 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 /> <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 <br />pay pending the outcome of the requested confirmatory retest, provided the City <br />believes that it is reasonably necessary to protect the health or safety of the employee, <br />co-employees, or the public. The employee will be asked to return home and will be <br />provided appropriate arrangements for return transportation to his or her residence. In <br />accordance with Minn. Stat. § 181.953, subd. 10, an employee who has been suspended <br />without pay will be reinstated with back pay if the outcome of the requested <br />confirmatory retest is negative. <br /> <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 />physician trained in the diagnosis and treatment of chemical dependency. Participation <br />by the employee in any recommended substance abuse treatment program will be at <br />the employee’s own expense or pursuant to the coverage under an employee benefit <br />plan. The certified chemical use counselor or physician trained in the diagnoses and <br />95