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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 />job. <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 If the job offer is withdrawn based on drug test results, the City <br />will inform the applicant of the reasons for the withdrawal. A failure of the drug or other <br />applicable tests, a refusal to take the test, or failure to meet other conditions of the offer will <br />result in a withdrawal of the offer of employment even if the applicant's provisional employment <br />has begun. A negative or positive dilute test result (following a second collection), which has <br />been confirmed, will also result in immediate withdrawal of an offer of employment to an <br />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 />89 <br />