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<br />e <br /> <br />- 9- <br /> <br />e <br /> <br />10. Appeal of a Drug or Alcohol Test Result <br /> <br />10.1 An employee whose drug or alcohol test is reported positive will be offered the <br />opportunity of a meeting with the Medical Review Officer provided by the City <br />drug and alcohol administration & testing vendor, to offer an explanation. The <br />purpose of the meeting will be to determine if there is any reason that a positive <br />finding could have resulted from some cause other than drug and/or alcohol <br />use. The City will require an MRO (Medical Review Officer) to determine a final <br />decision. <br /> <br />10.2 An employee whose drug and/or alcohol test is confirmed as positive will be <br />offered the opportunity to obtain an independent test, at the employee's <br />expense, of the non-tested split sample portion of the original urine specimen <br />that yielded the positive result, at an alternative SAMSHA certified lab <br />(Substance Abuse and Mental Health Services Administration, under the <br />Department of Health and Human Services). <br /> <br />10.3 During the period of an appeal and any resulting inquiries, the employment <br />status of an individual may be suspended. An employee who is suspended <br />pending appeal will be suspended without regular pay but will be permitted to <br />use any available sick or vacation leave in order to remain in an active pay <br />status. If the employee has no available sick or vacation leave or chooses not <br />to use it, the suspension will be without pay. <br /> <br />10.4 If an employee's appeal is upheld, the employee will be reinstated with back pay <br />and will be reimbursed for any independent drug testing costs that may have <br />been incurred incident to the appeal. No results or reference to the test or <br />appeal will be maintained in the employee's personnel file. <br /> <br />11. Employee Assistance <br /> <br />11.1 Rehabilitative assistance may be granted to an employee who requests such <br />assistance provided that the employee: <br /> <br />a) has not received notification to report for drug and/or alcohol testing <br />authorized by this policy, prior to the request; <br /> <br />b) has not been identified as a violator nor is under investigation for a <br />violation of this policy; and <br /> <br />c) has agreed to enter and complete a City-approved rehabilitation <br />program. <br /> <br />11.2 Rehabilitative assistance may also be granted in lieu of discharge to an <br />employee who has been found to be in violation of this policy provided that the: <br /> <br />a) The policy violation does not involve selling or distributing drugs or <br />serious misconduct related to drugs; and <br />