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43 <br /> <br />5. As a condition of continued employment, a Covered Employee who tests positive <br />in violation of this Policy will be subject to unannounced follow-up testing for up <br />to 12 months after the Covered Employee has returned to duty. <br />L. A Covered Employee who refuses to submit to any required drug or alcohol test <br />authorized by this Policy will be treated in the same manner as a Covered Employee who <br />tests positive on a drug or alcohol test. Refusal to submit to a drug or alcohol test as <br />required by this Policy constitutes insubordination and may result in discipline, up to and <br />including termination, in accordance with full due process and representation rights. <br />M. Under this Policy, a Covered Employee is deemed to have tested positive for alcohol if <br />test results indicate a concentration of 0.02 or higher. <br />N. Marijuana/Cannabinoids (Marijuana) will only be considered a violation of this Policy in <br />conjunction with objective signs that support reasonable suspicion as defined in this <br />Policy. <br />O. To provide Covered Employees with substantial advanced notice regarding this Policy, <br />date. <br />III. PROCEDURE: <br />TYPES OF TESTING <br />A. Pre- Employment Screening <br />1. Applicants seeking initial employment with LPFD in any of the job classifications <br />identified in the definition of Covered Employees shall be subject to a pre- <br />employment screening for drugs. Pre-employment screening does not apply to <br />existing LPFD employees applying for promotion or assignment to another <br />position with the LPFD. LPFD will provide notice to applicants that they will be <br />required to undergo and pass a pre-employment drug test as a condition of <br />employment in advance of hiring. In such notice, LPFD will provide a <br />description of the associated drug (and potentially alcohol) test. <br />2. Applicants who test positive for substances prohibited by this Policy will have an <br />opportunity to demonstrate to a third-party Medical Review Officer that their use <br />of the substance is authorized by a prescription from a health care provider and <br />that such use is in a manner consistent with the instructions set forth in the <br />supporting prescription. If the applicant makes a satisfactory showing, then the <br />positive drug test does not disqualify the applicant from appointment. <br />3. Applicants found to have a positive screening test for drugs or alcohol shall be <br />disqualified from appointment. Refusing to submit to a pre-employment <br />screening required under this subsection will be deemed a failure of the screening, <br />thereby resulting in a rejection of the application for the appointment. <br /> <br />Page 320 of 674