5.14. SR 12-18-1995 - Laserfiche WebLink

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7. Before a driver returns to duty requiring performance of a safety- sensitive • function, he /she shall undergo a return -to -duty test with a result indicating a breath alcohol level of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved controlled substance use. If as a result of violation of this policy the driver cannot return to work for an undetermined period of time, the driver may use accumulated vacation or sick leave. If no vacation or sick leave is available, the driver will be placed on an unpaid medical leave of absence. 8. The driver shall also be subject to unannounced follow -up alcohol and controlled substance testing. 9. In the event of an alcohol test result over 0.02 percent but less than 0.04 percent, a driver shall not be permitted to perform safety sensitive functions for not less than 24 hours. X. REFUSAL TO UNDERGO TESTING AND CONSEQUENCES OF REFUSAL 1. Right to ,efuse ... All applicants and drivers have the right to refuse to undergo drug and alcohol testing. If an individual refuses to undergo drug and alcohol testing required by this policy, no such test shall be given. 2. Applicant RefusaL.An applicant who refuses to take a drug test shall be disqualified from further consideration for the conditionally offered position. 3. Driver Refusal ... A driver refusing to take a drug /alcohol test required by +, this policy shall not be permitted to perform safety- sensitive functions and will be T considered insubordinate and subject to disciplinary action including termination as indicated in Section 218.08 (G), of the Elk River City Code. M. DRIVER /APPLICANT RIGHTS 1. Request for Confirmatory Retest ... All applicants and drivers subject to the drug testing provisions of this policy have the right to request, at driver or applicant expense, a retest of the split urine sample within 72 hours of receiving notice of a confirmed positive test result. A. If the driver requests an analysis of the split specimen within seventy- two (72) hours of having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another DHHS - certified laboratory for analysis. B. If a driver has not contacted the MRO within seventy -two (72) hours, the driver may present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or other circumstances that unavoidably prevented the driver from timely making contact. If the MRO concludes that there is a p age 12