6 considered a prohibited substance. Anyone testing positive for marijuana will be subject to the consequences of this Policy for a positive drug test. No exceptions. Refusal to Submit to a Test: Employees cannot refuse to submit to a controlled substance or alcohol test as required by this Policy. All actions listed below will constitute a refusal to test and is therefore subject to the consequences of a positive test result. A refusal to submit is defined as follows: A. Failure to appear for any test (except a pre-employment test, please see D) within a reasonable time, as determined by the City, after being directed to do so by the employer. B. Failure to remain at the testing site until the collection process is complete. Provided, that an employee who leaves the testing site before the testing process commences for a preemployment test is not deemed to have refused to test; C. Failure to provide a urine specimen for any drug test required by this policy. Provided, that an employee who does not provide a urine specimen because they have left the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test; Once the donor has attempted to provide a urine sample, they are required to stay at the collection site until an acceptable sample (45 ml minimum) is obtained. If the donor chooses to leave after the process has started, they have refused to submit. D. In the case where directly observed or monitored collection is required, subject refuses to permit the observation or monitoring of the employee’s provision of a specimen E. Failure to provide a sufficient amount of urine when directed and it has been determined through a required medical evaluation that there was no adequate medical explanation for the failure F. Failure or refusal to take a second test under the direction of the employer or collector. G. Failure to undergo a medical examination or evaluation as directed by the MRO as part of the verification process. In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. H. Failure to cooperate with any part of the testing process or clear obstruction of the testing process e.g., refusing to empty pockets when so directed by the collector, behaving in a confrontational manner that disrupts the collection process. I. MRO reports a verified adulterated or substituted test result. J. An employee admits to the collector that they have adulterated or substituted their specimen. K. The employee fails to follow the observer’s instructions to raise and lower their clothing and to turn around to permit the observer to determine if the employee has a prosthetic or other device that could be used to interfere with the collection process. L. The employee possesses or wears a prosthetic or other device that could be used to interfere with the collection process. M. The employee refuses to wash his or her hands – after being directed to do so. Consequences: Upon notification of a confirmed positive drug or alcohol test, the employee will be immediately suspended without pay. The employee must undergo the return to duty process in order to be eligible to perform any work for the City and will be subject to the provisions of Chapter IV, Performance Expectations and Corrective Action of the City’s Personnel Policy Manual. Anyone who violates a prohibition of this policy will immediately be removed from performing any safety sensitive function and will be subject to corrective action as outlined in Chapter IV, Section 15 of the City’s Personnel Policy. The employee must be seen and evaluated by a Substance Abuse Professional as soon as possible.
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