Agenda - Council Work Session - 12/12/2023

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To ensure the pol*cy is clearly m'I corm-nucated to all employees and applicants to whom offers of . employment have been made, and to comply with state law, employees and applicants are re uired to review this policy and sign the "policy acknowledgement."A job applicant will also acknowledge in this form that he/she understands that passing the drug test is a requirement of the •iob. Persons Subj ect to Testing and Circumstances Under Which Testing May Be Reguired Under this policy,the city play test any applicant to whom an offer of employment has been -1 i made and may test employees for alcohol and/or drugs, including cannabis, under the `ollon circumstances with a properly accredited or licensed testing laboratory, in accordance with Minn. Stat. § 181.953, subd. 1. (1) Pre-Employment Testing: Every job applicant offered employment with the city receives the offer conditioned upon successful-completion of drug test, and/or an alcohol or cannabis test, if applicable, among other conditions. The city will not request or require a job...applicant to undergo cannabis testing related to "lawful consumable products"pursuant to Minn. Stat. § 181.938, including alcohol, cannabis lower-potency hemp edibles, and hemp-derived consumer products, except..with.renect to the categories.of positions listed below in the definition of"Drug" or if otherwise required by state or federal law. If the job offer is withdrawn based drug test results, the city will inform the applicant of the reasons for the withdrawal. A failure of the dnig or other applicable test, a refusal to take the test, or failure to meet other conditions of the offer will result in a withdrawal of the offer of employment even if the applicant's provisional empl.oymeat has begun. A negative or pos,itive dilute test result (following a second collection), which has been confirmed will also result in immediate withdrawal of an offer of employment to an a cant. Temporary and seasonal ern ploypes are not subject to this policy except for those designated..by the hiring depqltment as safety-sensitive positions. (2) Reasonable Suspicion Tes Consistent with Mimi. Stat. 181.951 subd. 5, employees will be subject to alcohol and/or dr testing, including cannabis testing, when reasonable suspicion exists to believe that the eMployee: • Is under the influence of alcohol, drugs or cannabis; or • Has violated written work rules prohibiting the use, possession., sale or transfer of alcohol, or cannabis,-wllHe working, while on city property, or while operating city vehicles, machinery or any other jype,of Aue ipment; or • Has sustained a personal injury as defined in Mim-i. Stat. § 176.011, subd. 16 or has caused another employee to sustain an injury or; • Has caused a work-related accident or was overating or helping to operate machinery, equipment, or vehicles involved in a work-related accident. Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance, behavior, speech, breath, odor, possession, proximity to or use of alcohol, drugs or cannabis or