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physician trained in the diagnosis and treatment of chemical dependency. Participation by <br />the employee in any recommended substance abuse treatment program will be at the <br />employee's own expense or pursuant to the coverage under an employee benefit plan. <br />The certified chemical use counselor or physician trained in the diagnoses and treatment <br />of chemical dependency will determine if the employee has followed the rehabilitation <br />program as prescribed; and <br />• 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 confiituatory 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 Ca11 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 or the safety of individuals. Furthermore, the City will not retaliate against any <br />employee for asserting his or her rights under 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 the Administrative Services <br />Director's designee to obtain additional information. <br />95 <br />