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• The employee has either refused to participate in the counseling or rehabilitation program <br /> or has failed to successfully complete the program, as evidenced by withdrawal from the <br /> program before its completion or by a refusal to test or positive test result on a <br /> confirmatory test after completion of the program. <br /> Other Misconduct: <br /> Nothing in this policy limits the right of the city to discipline or dismiss an employee on grounds <br /> other than a positive confirmatory test result, including conviction of any criminal drug statute <br /> for a violation occurring in the workplace or violation of other city personnel policies. <br /> Emergency Call Back to Work Provisions: <br /> If an employee is called out for a city emergency and he or she reports to work and is suspected <br /> of being under the influence of drugs, alcohol, or cannabis he or she will not be subject to the <br /> testing procedures of this policy but will not be allowed to work. Appropriate arrangements for <br /> return transportation to the employee's residence will be made. It is the sole responsibility of the <br /> employee who is under the influence of alcohol, drugs or cannabis and who is called out for a <br /> city emergency, to notify his or her supervisor of this information and advise if he or she is <br /> unable to respond to the emergency call back. <br /> Non-Discrimination <br /> The city of Ramsey policy on work-related substance abuse is non-discriminatory in intent and <br /> application; however, in accordance with Minn. Stat., ch. 363, disability does not include <br /> conditions resulting from alcohol or other drug or cannabis abuse which prevents an employee <br /> from performing the essential functions of the job in question or constitutes a direct threat to <br /> property of the safety of individuals. <br /> Furthermore, the city will not retaliate against any employee for asserting his or her rights under <br /> this policy. <br /> City's Employee Assistance Program <br /> The city has in place a formal employee assistance program (EAP) to assist employees in <br /> addressing serious personal or work-related problems at any time. The city's EAP provides <br /> confidential, cost-free, short-term counseling to employees and their families. Employees who <br /> may have an alcohol, cannabis, or other drug abuse problem are encouraged to seek assistance <br /> before a problem affects their employment status. Employee assistance program services are <br /> available by contacting your health insurance company or as listed on the City's employee <br /> intranet site. <br /> Policy Contact for Additional Information <br /> If you have any questions about this policy or the city's drug, alcohol and cannabis testing <br /> procedures, you may contact the Administrative Services Director or designee to obtain <br /> additional information. <br /> By this policy, the city of Ramsey has established a drug-free awareness program to inform <br /> employees about the dangers of drug abuse in the workplace and its policy of maintaining a <br /> 1051Page <br />