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required to review this policy and sign the "policy acknowledgement."A job applicant will also
<br /> acknowledge in this form that he/she understands that passing the drug test is a requirement of
<br /> the job.
<br /> Persons Subject to Testing and Circumstances Under Which Testing May Be
<br /> Required
<br /> Under this policy, the city may test any applicant to whom an offer of employment has been
<br /> made and may test employees for alcohol and/or drugs, including cannabis, under the following
<br /> circumstances with a properly accredited or licensed testing laboratory, in accordance with Minn.
<br /> Stat. § 181.953, subd. 1.
<br /> (1) Pre-Employment Testing:
<br /> Every job applicant offered employment with the city receives the offer conditioned upon
<br /> successful completion of drug test, and/or an alcohol or cannabis test, if applicable, among other
<br /> conditions. The city will not request or require a job applicant to undergo cannabis testing related
<br /> to "lawful consumable products"pursuant to Minn. Stat. § 181.938, including alcohol, cannabis,
<br /> lower-potency hemp edibles, and hemp-derived consumer products, except with respect to the
<br /> categories of positions listed below in the definition of"Drug" or if otherwise required by state
<br /> or federal law. If the job offer is withdrawn based drug test results, the city will inform the
<br /> applicant of the reasons for the withdrawal. A failure of the drug or other applicable test, a
<br /> refusal to take the test, or failure to meet other conditions of the offer will result in a withdrawal
<br /> of the offer of employment even if the applicant's provisional employment has begun. A
<br /> negative or positive dilute test result (following a second collection), which has been confirmed,
<br /> will also result in immediate withdrawal of an offer of employment to an applicant.
<br /> Temporary and seasonal employees are not subject to this policy except for those designated by
<br /> the hiring department as safety-sensitive positions.
<br /> (2) Reasonable Suspicion Testing:
<br /> Consistent with Minn. Stat. § 181.951, subd. 5, employees will be subject to alcohol and/or drug
<br /> testing, including cannabis testing, when reasonable suspicion exists to believe that the
<br /> employee:
<br /> • Is under the influence of alcohol, drugs or cannabis; or
<br /> • Has violated written work rules prohibiting the use, possession, sale or transfer of drugs,
<br /> alcohol, or cannabis, while working, while on city property, or while operating city
<br /> vehicles, machinery or any other type of equipment; or
<br /> • Has sustained a personal injury as defined in Minn. Stat. § 176.011, subd. 16 or has
<br /> caused another employee to sustain an injury or;
<br /> • Has caused a work-related accident or was operating or helping to operate machinery,
<br /> equipment, or vehicles involved in a work-related accident.
<br /> Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance,
<br /> behavior, speech, breath, odor, possession, proximity to or use of alcohol, drugs or cannabis or
<br /> containers or paraphernalia, poor safety record, excessive absenteeism, impairment of job
<br /> performance, or any other circumstances that would cause a reasonable employer to believe that
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