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positions; firefighter positions; positions requiring face-to-face care, training, education, <br />supervision, counseling or medical assistance to children, vulnerable adults or patients receiving <br />treatment, examination or emergency care for a medical, psychiatric or mental condition; <br />positions requiring a commercial driver's license or requiring the employee to operate a motor <br />vehicle for which state or federal law requires drug or alcohol testing; positions funded by a <br />federal grant; or other positions for which state or federal law requires testing of a job applicant <br />or employee. <br />Drug and/or alcohol testing, and drug and/or alcohol test: Mean analysis of a body <br />component sample according to the standards established under one of the programs listed in <br />Minn. Stat. § 181.953, subd.1, for the purpose of measuring their presence or absence of drugs, <br />alcohol, or their metabolites in the sample tested. "Drug and alcohol testing," "drug or alcohol <br />testing," and "drug or alcohol test" do not include cannabis or cannabis testing, unless stated <br />otherwise. <br />Drug paraphernalia: Has the meaning set forth in Minn. Stat. § 152.01, subd. 18. <br />Employee: Means a person who performs services for compensation for the City and includes <br />independent contractors except where specifically noted in this policy. <br />Initial screening test: Means a drug, alcohol, or cannabis test that uses a method of analysis <br />under one of the programs listed in Minn. Stat. § 181.953, subd. 1. <br />Job applicant: Means a person who applies to become an employee of the City and includes a <br />person who has received a job offer made contingent on the person passing drug testing. <br />Positive test result: Means a finding of the presence of alcohol, drugs, cannabis or their <br />metabolites that exceeds the cutoff levels established by the City. Minimum threshold detection <br />levels are subject to change as determined in the City's sole discretion. <br />Random selection basis: Means a mechanism for selection of employees that (1) results in an <br />equal probability that any employee from a group of employees subject to the selection <br />mechanism will be selected, and (2) does not give an employer discretion to waive the selection <br />of any employee selected under the mechanism. <br />Reasonable suspicion: Means a basis for forming a belief based on specific facts and rational <br />inferences drawn from those facts. <br />Safety -sensitive position: Means a job, including any supervisory or management position, in <br />which an impairment caused by drug, alcohol, and/or cannabis usage would threaten the health <br />or safety of any person. <br />Under the influence: Means (1) the employee tests positive for alcohol drugs, or cannabis or (2) <br />the employee's actions, appearance, speech, and/or bodily odors reasonably cause the City to <br />conclude that the employee is impaired because of illegal drug use or alcohol use. <br />97 <br />