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Agenda - Council - 02/08/2021
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Agenda - Council - 02/08/2021
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Meetings
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Council
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02/08/2021
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e) Extending the time limit on denials of <br />liability for PTSD injuries from the <br />current 14 days days in order to allow <br />diagnosis in accordance with the <br />requirements contained in the <br />Diagnostic and Statistical Manual of <br />Mental Disorders (DSM) which guides <br />the diagnosis of PTSD under <br />Minnesota Law (Minn. Stat. <br />§176.011, subd. 15). <br />0 Policies that provide opportunities for <br />employees diagnosed with PTSD to <br />receive treatment for PTSD that could <br />result in continued employment with <br />the local government. <br />State funding to assist with the <br />potential extraordinary costs of the <br />COVID-19 workers' compensation <br />occupational disease presumption <br />enacted in Session Laws 2020, Regular <br />Session Chapter 72 <br />g) <br />The League opposes expansion of <br />workers' compensation and related health <br />insurance benefits because of the <br />potential for dramatically increasing costs <br />to cities. Specifically, the League opposes <br />expansion of the heart, lung and <br />infectious disease and PTSD <br />presumptions as well as any expansion of <br />the law that would require payment of <br />health insurance premiums. <br />HR-14. Drug and Alcohol Testing <br />in the Workplace <br />Issue: Employer testing of job applicants is <br />governed by Minn. Stat. § 181.950 — <br />181.957 and is known as the Drug and <br />Alcohol Testing in the Workplace Act <br />(DATWA). It applies to all employers with <br />one or more employees, including cities. <br />The DATWA has not been amended for <br />many years to reflect various and significant <br />changes in drug -testing technology nor <br />policy changes at the federal level. <br />115 <br />The DATWA prohibits an employer from <br />terminating an employee for a positive <br />controlled substance test without first <br />providing the employee a chance for <br />rehabilitation and treatment. This law <br />applies to probationary employees as well as <br />those who have completed probation. <br />Currently, breathalyzer use and saliva swabs <br />are permitted for alcohol testing under <br />federal commercial driver testing laws <br />though Minnesota does not allow for the use <br />of breathalyzers in testing. Use of <br />breathalyzers for employee alcohol testing is <br />a less invasive, less expensive method. In <br />addition, federal commercial driver testing <br />laws address a number of outcomes other <br />than a positive test result, including but not <br />limited to tampering with a sample, <br />providing a substitute sample, providing a <br />sample that is not human urine, providing a <br />sample that is not capable of being tested, <br />etc. State law is silent on these outcomes. <br />Response: The League of Minnesota <br />Cities supports the following changes to <br />the DATWA: <br />a) Updates to reflect new issues, such as <br />adding new definitions as needed to <br />reflect current practices; <br />b) Clarification that a positive controlled <br />substance test during probation does <br />not require the employer to provide <br />an employee who has not completed <br />probation a chance for rehabilitation <br />and treatment; and <br />c) Permitting the use of breathalyzers <br />and saliva swabs as acceptable <br />technology for determining alcohol <br />use. <br />HR-15. Veterans Preference <br />Issue: Cities have a long history of <br />recruiting and hiring veterans as they are a <br />
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