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• 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 <br />a violation of the cityCity's policies concerning alcohol, drugs or cannabis may have occurred. <br />These observations will be reflected in writing on a Reasonable Suspicion Record Form. <br />For off -site collection, employees will be driven to the employer -approved medical facility by <br />their supervisor or a designee. For an on -site collection service, the employee will remain on site <br />and be observed by the supervisor or designee. The medical facility or on -site collection service <br />will take the urine, blood or oral liquid -testing or blood sample and will forward the sample to <br />an approved laboratory for testing. <br />Pursuant to the requirements of the Drug -Free Workplace Act of 1988, all eityCity employees, as <br />a condition of continued employment, will agree to abide by the terms of this policy and must <br />notify the Administrative Services Director or the Administrative Services Director's <br />designee in Human Resources of any criminal drug statute conviction for a violation occurring in <br />the workplace no later than five days after such conviction. If required by law or government <br />contract, the cityCity will notify the appropriate federal agency of such conviction within 10 <br />days of receiving notice from the employee. <br />3:3.Treatment Program Testing: <br />In accordance with Minn. Stat. § 181.951, subd. 6, the cityCity may request or require an <br />employee to undergo drug, alcohol, or cannabis testing, if the employee has been referred by the <br />cityCity for chemical dependency treatment or evaluation or is participating in a chemical <br />dependency treatment program under an employee benefit plan. In such a case, the employee <br />may be requested or required to undergo drug or alcohol testing, including cannabis testing, <br />without prior notice during the evaluation or treatment period and for a period of up to two years <br />following completion of any prescribed chemical dependency treatment program. <br />3:4.Routine Physical Examination Testing: <br />The eityCity may request or require an employee to undergo drug and/or alcohol testing —but not <br />cannabis testing, except for the categories of positions listed above for which cannabis is <br />considered a drug or unless otherwise required by state of federal law —as part of a routine <br />physical examination. The cityCity, in accordance with Minn. Stat. § 181.951, subd. 3, will <br />request or require this type of testing no more than once annually, and the employee will be <br />provided with at least two weeks' written notice that the test will be required as part of the <br />physical examination. <br />45.Random Testing: <br />991Page <br />