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<br />8. The driver shall also be subject to unannounced follow-up alcohol and controlled <br />substance testing. <br /> <br />9. In the event of an alcohol test result over 0.02 percent but less than 0.04 percent, <br />a driver shall not be permitted to perform safety sensitive functions for not less than 24 <br />hours. <br /> <br />X. REFUSAL TO UNDERGO TESTING AND <br />CONSEQUENCES OF REFUSAL <br /> <br />1. Ri2ht to RefusemAll applicants and drivers have the right to refuse to undergo <br />drug and alcohol testing. If an individual refuses to undergo drug and alcohol testing <br />required by this policy, no such test shall be given. <br /> <br />2. Applicant Refusal...An applicant who refuses to take a drug test shall be <br />disqualified from further consideration for the conditionally offered position. <br /> <br />3. Driver RefusalmA driver refusing to take a drug/alcohol test required by this <br />policy shall not be permitted to perform safety-sensitive functions and will be considered <br />insubordinate and subject to disciplinary action including termination as indicated in <br />Section 218.08 (6), of the Elk River City Code. <br /> <br />XI. DRIVER/APPLICANT RIGHTS <br /> <br />1. Request for Confirmatory RetestmAll applicants and drivers subject to the <br />drug testing provisions ofthis policy have the right to request, at driver or applicant <br />expense, a retest of the split urine sample within 72 hours of receiving notice of a <br />confirmed positive test result. <br /> <br />A. If the driver requests an analysis of the split specimen within seventy- <br />two (72) hours of having been informed of a verified positive test, the MRO <br />shall direct, in writing, the laboratory to provide the split specimen to another <br />DHHS-certified laboratory for analysis. <br /> <br />B. If a driver has not contacted the MRO within seventy-two (72) hours, the <br />driver may present to the MRO information documenting that serious illness, <br />injury, inability to contact the MRO, lack of actual notice of the verified positive <br />test, or other circumstances that unavoidably prevented the driver from timely <br />making contact. If the MRO concludes that there is a legitimate explanation for <br />the driver's failure to contact within seventy-two (72) hours, the MRO shall <br />direct the analysis ofthe split specimen. <br /> <br />2. Results of Ne2ative RetestmIfthe confirming retest is negative, no adverse <br />action will be taken against the driver and an applicant will be considered for <br />employment. <br /> <br />page 12 <br />