CCP 12-11-1995 - Laserfiche WebLink

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-..... I 382.501 (b) e. I (b) Prohibition of Safety Sensitive Functions. The City shall not permit any driver to perform safety sensitive functions, including driving a commercial vehicle, if the -. I City has determined that the driver has violated federal law. '. (c) Refusal to Submit. If the driver refuses to undergo the required testing under the I federal regulations, the driver may be subject to discipline including, but not limited to, discharge. If a job applicant refuses to submit to drug and alcohol I testing carried out in conjunction with federal regulations, the job applicant may not be hired. (d) Pre-employment Test. . Job ApJllicants (jncludin~ the Promotion of Drivers). The appointing authority will not withdraw an offer of employment or promotion to a driver position made I contingent on the job applicant passing drug and alcohol testing based on a positive test result in a confirmatory test and in any conf1nnatory retest (controlled substances only), the appointing authority will withdraw the I contingent offer of employment or promotion to a driver position if the City determines in accordance with the Minnesota Human Rights Act that alcohol or dug usage or abuse prevents the job applicant from performing the safety sensitive I functions of the job in question. 181.953 (e) -, Subd. IO(b) MN Stat. Other Tests. The appointing authority will not discharge, discipline, discriminate against, or request or require rehabilitation of a driver solely on the basis of a I positive test result from a screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a conf1nnatory test I and in any confirmatory retest (controlled substances only), the City may do the following: (1) First Positive Test Result. The driver will be given an opportunity to I participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. After consultation with a Substance Abuse . Professional or physician trained in the diagnosis and treatment of chemical dependency from the driver's health plan, participation in a counselinll or rehabilitation pro~am will be at the driver's own expense or I pursuant to coveralle under the driver' s own benefIt plan If the driver either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidenced by withdrawal . from the program before its completion or by a positive test result on a conf1nnatory test after completion of the program, and alcohol or drug I abuse prevents the driver from performing the safety sensitive functions of 18 -. .