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• Page 19 <br /> Alcohol submit to drug and alcohol testing carried out in conjunction <br /> Policy with federal regulations, the job applicant may not be hired. <br /> (d) Pre-employment Test. <br /> Job Applicants (including the Promotion of Drivers). The <br /> appointing authority will not withdraw an offer of employment or <br /> promotion to a driver position made contingent on the job applicant <br /> passing drug and alcohol testing based on a positive test result in an <br /> initial screening test that has not been verified by a confirmatory test. <br /> Where there has been a positive test result in a confirmatory test and <br /> in any confirmatory retest (controlled substances only), the appointing <br /> authority will withdraw the contingent offer of employment or <br /> promotion to a driver position if the City determines in accordance <br /> with the Minnesota Human Rights Act that alcohol or drug usage or <br /> abuse prevents the job applicant from performing the safety sensitive <br /> functions of the job in question. <br /> 181.953 (e) Other Tests. The appointing authority will not discharge, discipline, <br /> Subd. 10 (b) discriminate against, or request or require rehabilitation of a driver <br /> MN Stat. solely on the basis of a positive test result from a screening test that <br /> • has not been verified by a confirmatory test. Where there has been a <br /> positive test result in a confirmatory test and in any confirmatory <br /> retest (controlled substances only), the City may do the following: <br /> (1) First Positive Test Result. The driver will be given an <br /> opportunity to participate in either a drug or alcohol <br /> counseling or rehabilitation program, whichever is more <br /> appropriate. After consultation with a Substance Abuse <br /> Professional or physician trained in the diagnosis and treatment <br /> of chemical dependency from the driver's health plan, <br /> participation in a counseling or rehabilitation program will be <br /> at the driver's own expense or pursuant to coverage under the <br /> driver's own benefit plan. If the driver either refuses to <br /> participate in the counseling or rehabilitation program or fails <br /> to successfully complete the program, as evidenced by <br /> withdrawal from the program before its completion or by a <br /> positive test result on a confirmatory test after completion of <br /> the program, and alcohol or drug abuse prevents the driver <br /> from performing the safety sensitive functions of the job in <br /> question, the appointing authority will recommended that the <br /> driver be discharged from employment. <br /> • (2) Second Positive Test Result. Where alcohol or drug abuse <br />