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r <br /> 2.A peace officer position, as defined in Minn. Stat. §626.84, subd. 1. z <br /> 3.A firefighter position, as defined in Minn.Stat. §299N.ol, subd. 3. <br /> 4.A position requiring face-to-face care,training, education, supervision, counseling, <br /> consultation, or medical assistance to: <br /> 1. Children. <br /> } <br /> 2.Vulnerable adults, as defined in Minn. Stat. §626.5572, subd. 21. <br /> 3. Patients who receive health care services from a provider for the treatment, examination, <br /> or emergency care of a medical, psychiatric, or mental condition. <br /> 5.A position funded by a federal grant. <br /> 6.Any other position for which state or federal law requires testing of a job applicant or <br /> employee for cannabis. <br /> }M <br /> 7.A position requiring a commercial driver's license or requiring an employee to operate a <br /> motor vehicle for which state or federal law re wires drug or alcohol testing of a lob <br /> q g ` <br /> applicant or employee. <br /> Return to top of page <br /> Q54, Can we still prohibit employees f rom being under the <br /> influence of cannabis while at work? does the League have a model <br /> p olicy with updated language? � <br /> A54.Yes, employers can continue to prohibit employees from being under the influence of _ <br /> cannabis products,while at work.For employers, a key focus will be workplace safety with the -r <br /> consideration that cannabis is more difficult to detect and test than alcohol. Employers may <br /> ue to maintain drug-free policies at the workplace and discipline employees who use <br /> continue g p p p ;K <br /> cannabis during working hours or who report to work impaired. <br /> Under the Occupational Safe and Health Administrations OSHA) General Dut Clause of the <br /> Occupational Safety and Health Act, employers are required to furnish a workplace free from <br /> recognized hazards that are likely to cause serious physical harm.This provision of the Act is <br /> typically used in accident cases where toxicology screens are positive.OSHA's new electronic <br /> recordkeepL rule, clarified on Oct. 11, 2018, states"If the employer chooses to use drug <br /> testing to investigate the incident,the employer should test all employees whose conduct could <br /> have contributed to the incident,not*ust employees who reported injuries,"with respect to <br /> using drug testing to evaluate the root cause of a workplace incident that harmed or could have <br /> harmed employees.Thus, a non-DOT drug and cannabis-city testing policy with protocols <br /> following this guidance is important. <br /> Under the new law, employers can enact and enforce work policies prohibiting the use, <br /> possession, and impairment of cannabis while at work or operating employer vehicles, <br /> equipment, and machinery.It is difficult to test for cannabis to determine if an employee is <br /> currently under the influence due to the drug's ability to be detectable for weeks after it is used. <br /> With the prohibitions on disciplining employees other than those listed in Q3, employers will <br /> be in a difficult position to take action against an employee rho tests positive for cannabis.A <br /> p g <br /> best practice is for cities to train supervisors about the behavioral signs and symptoms of drug <br /> and cannabis use as well as how to document observations of potential impairment so should a <br /> situation occur in the workplace, supervisors can effectively respond and document what they <br /> observed leading to the situation. <br />