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<br />. <br /> <br />. <br /> <br />. <br /> <br />REFUSAL TO UNDERGO TESTING AND CONSEQUENCES OF REFUSAL\ <br /> <br />All applicants and employees have the right to refuse to undergo drug and alcohol testing, If an <br />individual refuses to undergo drug and alcohol testing required by this policy, no such test shall <br />be given, <br /> <br />An applicant who refuses to take a drug and alcohol test shall be disqualified from further <br />consideration for the conditionally offered position, <br /> <br />An employee refusing to take a drug and alcohol test required by this policy shall not be <br />permitted to perform safety-sensitive functions and will be considered insubordinate and will be <br />subject to disciplinary action including possible dismissal. <br /> <br />EMPLOYEE/APPLICANT RIGHTS <br /> <br />All applicants and employees subject to the drug testing provisions of this policy have the right <br />to request, at employee or applicant expense, a retest of the split urine sample within seventy-two <br />(72) hours of receiving notice of a confirmed positive test result. <br /> <br />If the employee requests an analysis of the split specimen within seventy-two (72) hours of <br />having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory <br />to provide the split specimen to another DHHS-certified laboratory for analysis. If an employee <br />has not contacted the MRO within seventy-two (72) hours, the employee may present to the <br />MRO information documenting that serious illness, injury, inability to contact the MRO, lack of <br />actual notice of the verified positive test, or other circumstances unavoidably prevented the <br />employee from timely making contact. If the MRO concludes that there is a legitimate <br />explanation for the employee's failure to contact within seventy-two (72) hours, the MRO shall <br />direct the analysis of the split specimen. <br /> <br />If the confirming retest is negative, no adverse action will be taken against the employee and an <br />applicant will be considered for employment. <br /> <br />The City of Arden Hills will not discharge an employee that, for the first time, receives a verified <br />positive drug or alcohol test result unless: <br /> <br />1. The employee refuses to meet with a SAP for the purpose of an evaluation for <br />alcohol/controlled substance use/abuse and recommendations for an education, <br />counseling or treatment program; or <br /> <br />2. The employee fails to enter the recommended program, or fails to successfully <br />complete the program; or <br /> <br />11 <br />