Agenda - Council Work Session - 11/28/2023

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• Job Applicant: A person, independent contractor, or person working for an independent contractor who applies to become an employee of the City, and includes a person who has received a job offer made contingent on the person passing drug or alcohol testing. • Premises: All property and locations that the City owns, is operating, or has established a presence. • Positive Test Result: A finding of the presence of drugs, alcohol, or their metabolites in the sample tested by a confirmatory test in levels at or above the threshold detection levels established by Minnesota law. An alcohol test will be considered positive if the testee has an alcohol concentration level of at least .02 or a lesser level if it is accompanied by an odor of an alcoholic beverage or signs of physical impairment. • Reasonable Suspicion: A belief by the Human Resources Manager, City Administrator, or other supervisory personnel trained in reasonable suspicion observation that the appearance, behavior, speech or body odors of an employee are indicative of the use of a controlled substance or alcohol based on the observation of at least one supervisor or official who has received training in the identification of behaviors indicative or drug and alcohol use. • Safety—Sensitive Position: A job, including any supervisory or management positions, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person. • Under the Influence: Having the presence of a drug or alcohol at or above the level of a positive test result. Circumstances Under which Testing may Occur: Any employee or job applicant of the City may be tested under the following circumstances: 1) Job Applicant: A job applicant may be requested or required to undergo drug testing after a job offer has been conditionally made and before commencing employment in the position. Alcohol testing will not be a part of a post-offer pre-employment physical examination. 2) Treatment Program Testing: The City may test any employee referred by the City for chemical dependency treatment or evaluation at any time and without prior notice during the period of treatment or evaluation and for up to two (2)years following completion of any prescribed chemical dependency treatment or evaluation program in accordance with Minnesota State law. 3) Reasonable Suspicion Testing: No employee will be tested for drugs or alcohol under this provision without the person's consent. If, however,the City asks an employee to undergo a drug or alcohol test and the employee refuses,the employee may be subject to disciplinary action,up to and including immediate termination. The City may request or require an employee to undergo drug or alcohol testing if the employer has a reasonable suspicion that the employee: Is under the influence of drugs or alcohol; has violated the employer's written work rules prohibiting the use, possession, sale, or transfer of drugs or alcohol while the employee is working or while the employee is on the employer's premises or operating the employer's vehicle, 781Page