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City of Pequot Lakes DOT Drug and Alcohol Testing <br /> Title: Procedures Effective Date: 2-4-20 <br /> Effective Date(s)of Amendment(s): <br /> 22.2.7.2 Right to Confirmatory Retest <br /> Within seventy-two (72) hours after receiving notice of a positive controlled substance test <br /> result, an applicant or driver may request through the MRO a re-analysis (confirmatory <br /> retest) of the driver's split specimen. Action required by federal regulation as a result of a <br /> positive controlled substance test (e.g., removal from safety-sensitive functions) will not be <br /> stayed during retesting of the split specimen. If the result of the confirmatory retest fails to <br /> reconfirm the presence of the controlled substance(s) or controlled substance metabolite(s) <br /> found in the primary specimen, or if the split specimen is unavailable, inadequate for testing <br /> or untestable, the MRO will cancel the test.z3 <br /> 22.2.7.3 Dilute Specimens <br /> Dilute Negatives Creatinine concentration of specimen is equal to or greater than 2 mg/dL, <br /> but less than or equal to 5 mg/dL. If the City receives information that a driver has provided <br /> a dilute negative specimen, the City will direct a recollection, pursuant to the MRO's <br /> direction, under direct observation.z4 <br /> 22.2.8 Consequences for Drivers Engaging in Prohibited Conduct <br /> 22.2.8.1 Job Applicants <br /> Any applicable conditional offer of employment will be withdrawn from a job applicant or <br /> employee seeking a transfer who refuses to be tested, or tests positive for controlled <br /> substance pursuant to this policy. <br /> 22.2.8.2 Employeeszs <br /> Drivers who are known to have engaged in prohibited behavior with regard to alcohol <br /> misuse or use of controlled substance, as defined earlier in this policy, are subject to the <br /> following consequences: <br /> 22.2.8.2.1 Removal from Safety-Sensitive Functions <br /> No driver may perform safety-sensitive functions, including driving a commercial <br /> motor vehicle, if the driver has engaged in conduct prohibited by federal law. <br /> No driver who is found to have an alcohol concentration of 0.02 or greater but less <br /> than 0.04 may perform or continue to perform safety-sensitive functions for the City, <br /> including driving a commercial motor vehicle, until the start of the driver's next <br /> regularly scheduled duty, but not less than twenty-four(24) hours following <br /> administration of the test. <br /> 23 49 C.F.R. §§40.131, .153, .171,et.seq.,(establishing retest process) <br /> '-4 Id. <br /> 25 49 C.F.R. §§40.23 and.281-.313 and 382.201-.217 and.501-.507(establishing legal consequences for alcohol <br /> and controlled substance violations) <br /> Page 15 of 23 <br />