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<br /> I . <br /> I. 181.953 (e) <br /> Subd. 1O(b) <br /> I MN Stat. Other Tests. The appointing authority will not discharge, discipline, discriminate - <br /> against, or request or require rehabilitation of a driver solely on the basis of a <br /> I positive test result from a screening test that has not been verified by a <br /> confirmatory test. Where there has been a positive test result in a confirmatory test <br /> and in any confirmatory retest (controlled substances only), the City may do the <br /> I following: <br /> (1) First Positive Test Result. The driver will be given an opportunity to <br /> . participate in either a drug or alcohol counseling or rehabilitation program, <br /> whichever is more appropriate. After consultation with a Substance Abuse <br /> Professional or physician trained in the diagnosis and treatment of <br /> . chemical dependency from the driver's health plan, participation in a <br /> counseling or rehabilitation program will be at the driver' s own expense or <br /> pursuant to coverage under the driver's own benefit n]an If the driver <br /> I either refuses to participate in the counseling or rehabilitation program or <br /> fails to successfully complete the program, as evidenced by withdrawal <br /> from the program before its completion or by a positive test result on a <br /> I confirmatory test after completion of the program, and alcohol or drug <br /> abuse prevents the driver from performing the safety sensitive functions of <br /> I- the job in question, the appointing authority will recommend that the <br /> driver be discharged from employment. <br /> I (2) Second Positive Test Result. Where alcohol or drug abuse prevents the <br /> driver from performing the safety sensitive functions of the job in <br /> question, it will be recommended that the driver be disciplined; including, <br /> I but not limited to, discharge from employment. The driver, whether <br /> discharged or not, will have access to the evaluation and referral in <br /> resolving problems with alcohol misuse and controlled substance use <br /> . through the driver's health plan, again at the driver's expense. <br /> (3) Suspensions and Transfers. Notwithstanding any other provisions herein, - <br /> . the City may temporarily suspend the tested driver with pay for up to 90 <br /> days or transfer that driver to another position at the same rate of pay <br /> pending the outcome of the confirmatory test and, if requested, the <br /> . confirmatory retest (controlled substances only), provided the City <br /> believes that it is reasonably necessary to protect the health or safety of the <br /> I driver, co-employees, or the public. <br /> (4) Other Misconduct. Nothing in this policy limits the right of the City to <br /> . discipline or discharge a driver on grounds other than a positive test result <br /> in a confirmatory test arising from the same or another incident, including <br /> .- ]8 <br /> I <br />