|
To ensure the policy is clearly communicated to all employees and applicants to whom offers of
<br />employment have been made, and to comply with state law, employees and applicants are
<br />required to review this policy and sign the "policy acknowledgement". A job applicant will also
<br />acknowledge in this form that they understand that passing the drug test is a requirement of the
<br />j ob.
<br />Persons Subject to Testing and Circumstances Under Which Testing May Be 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
<br />related to "lawful consumable products" pursuant to Minn. Stat. § 181.938, including alcohol,
<br />cannabis, lower -potency hemp edibles, and hemp -derived consumer products, except with
<br />respect to the categories of positions listed below in the definition of "Drug" or if otherwise
<br />required by state or federal law. If the job offer is withdrawn based drug test results, the City will
<br />inform the applicant of the reasons for the withdrawal. A failure of the drug or other applicable
<br />tests, a refusal to take the test, or failure to meet other conditions of the offer will result in a
<br />withdrawal of the offer of employment even if the applicant's provisional employment has
<br />begun. A negative or positive dilute test result (following a second collection), which has been
<br />confirmed, 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 />831Page
<br />
|