5.h) MinnNonCDL Drug Testing PolicyCITY OF SCANDIA
DRUG AND ALCOHOL TESTING AND
DRUG FREE WOKPLACE ACT POLICY FOR
NON-COMMERCIAL DRIVERS
(NON -DOT POLICY)
PURPOSE AND OBJECTIVES
The City of Scandia ("City") has a vital interest in maintaining safe, healthful, and efficient
working conditions for employees, and recognizes that individuals who are impaired because of
drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The
City of Scandia does not intend to intrude into the private lives of its employees, but strongly
believes that a drug- and alcohol -free workplace is in the best interest of employees and the
public alike. Alcohol and drug abuse can cause unsatisfactory job performance, increased
tardiness and absenteeism, increased accidents and workers' compensation claims, higher
insurance rates, and an increase in theft of city property. The City of Scandia's Drug and Alcohol
Testing Non -DOT policy has been established for the purpose of providing a safe workplace for
all.
City employees and applicants required to hold a commercial driver's license by the United
States Department of Transportation ("DOT") for their job will be tested under the City's Policy
on Controlled Substance and Alcohol Testing for Commercial Drivers (the "DOT Policy"). All
other employees and job applicants offered employment with the city must undergo testing as
described by this policy.
To ensure the policy is clearly communicated to all employees and applicants to whom offers of
employment have been made, and to comply with state law, employees and applicants are
required to review this policy and sign the "policy acknowledgement." A job applicant will also
acknowledge in this form that he/she understands that passing the drug test is a requirement of
the job.
PERSONS SUBJECT TO TESTING & CIRCUMSTANCES UNDER WHICH TESTING
MAY BE REQUIRED
Under this policy, the City may test any applicant to whom an offer of employment has been
made, and may test any employee for alcohol and/or controlled substance under any of the
following circumstances with a properly accredited or licensed testing laboratory, in accordance
with Minn. Stat. § 181.953, subd. 1:
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Pre -Employment Testing. Every job applicant offered employment with the city receives the
offer conditioned upon successful completion of a drug test, among other conditions. If the job
offer is withdrawn based on drug test results, the city will inform the applicant of the reasons for
the withdrawal. A failure of the drug test, a refusal to take the test, or failure to meet other
conditions of the offer will result in a withdrawal of the offer of employment even if the
applicant's provisional employment has begun. A negative or positive dilute test result
(following a second collection), which has been confirmed, will also result in immediate
withdrawal of an offer of employment to an applicant.
Temporary and seasonal employees are not subject to this policy with the exception of those who
hold a position requiring the use of a city vehicle.
Reasonable Suspicion Testing. Consistent with Minn. Stat. § 181.951, subd. 3, employees will
be subject to alcohol and controlled substance testing when reasonable suspicion exists to believe
that the employee:
Is under the influence of alcohol or a controlled substance; or
Has violated written work rules prohibiting the use, possession, sale or transfer of
drugs or alcohol while working, while on city property, or while operating city
vehicles, machinery or any other type of equipment; or
Has sustained a personal injury as defined in Minn. Stat. § 176.011, subd. 16 or
has caused another employee to sustain an injury or;
Has caused a work-related accident or was operating or helping to operate
machinery, equipment, or vehicles involved in a work-related accident.
Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance,
behavior, speech, breath, odor, possession, proximity to or use of alcohol or a controlled
substance or containers or paraphernalia, poor safety record, excessive absenteeism, impairment
of job performance, or any other circumstances that would cause a reasonable employer to
believe that a violation of the city's policies concerning alcohol or drugs may have occurred.
These observations will be reflected in writing on a Reasonable Suspicion Record Form.
For off-site collection, employees will be driven to the employer -approved medical facility by
their supervisor or a designee. For an on-site collection service, the employee will remain on site
and be observed by the supervisor or designee. The medical facility or on-site collection service
will take the urine or blood sample, and will forward the sample to an approved laboratory for
testing.
Pursuant to the requirements of the Drug -Free Workplace Act of 1988, all City employees, as a
condition of continued employment, will agree to abide by the terms of this policy and must
notify the City Administrator of any criminal drug statute conviction for a violation occurring in
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the workplace not later than five days after such conviction. If required by law or government
contract, the City will notify the appropriate federal agency of such conviction within 10 days of
receiving notice from the employee.
Right of Refusal. Employees and job applicants have the right to refuse to submit to an
alcohol or drug test under this policy. However, such a refusal will subject an employee to
immediate termination. If an applicant refuses to submit to applicant testing, any conditional
offer of employment will be withdrawn.
Any intentional act or omission by the employee or applicant that prevents the completion of the
testing process constitutes a refusal to test.
An applicant or employee who substitutes, or attempts to substitute, or alters, or attempts to alter
a testing sample is considered to have refused to take a drug and/or alcohol test. In such a case,
the employee is subject to immediate termination of employment, and in the case of an applicant,
the job offer will be immediately withdrawn.
Refusal on Religious Grounds
An employee or job applicant who, on religious grounds, refuses to undergo drug or alcohol
testing of a blood sample will not be considered to have refused testing, unless the employee or
job applicant also refuses to undergo drug or alcohol testing of a urine sample.
Cost of Required Testing. The City will pay for the cost of all drug and alcohol testing
requested or required of all job applicants and employees, with the exception of confirmatory
retests. Job applicants and employees are responsible for paying for all costs associated with any
requested confirmatory retests.
PROHIBITION AGAINST CONTROLLED SUBSTANCE AND ALCOHOL
Use and Possession of Alcohol or Drug(s). Employees are prohibited from the use, possession,
transfer, transportation, manufacture, distribution, sale, purchase, solicitation to sell or purchase,
or dispensation of alcohol, drugs, or drug paraphernalia while on duty; is on City premises; while
operating any City vehicle, machinery, or equipment; or when performing any city business,
except (1) pursuant to a valid medical prescription used as properly instructed; (2) the use of
over-the-counter controlled substance used as intended by the manufacturer; or (3) when
necessary for approved law enforcement activity.
While Impaired of Alcohol or Drug(s). Employees are prohibited from being under the
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influence of alcohol or drugs or having a detectable amount of an illegal drug in the blood or
urine when reporting for work; while on duty; is on the City's premises; while operating any city
vehicle, machinery, or equipment; or when performing any City business, except (1) pursuant to
a valid medical prescription used as properly instructed; or (2) the use of over-the-counter
controlled substance used as intended by the manufacturer.
Driving While Impaired. A conviction of driving while impaired in a City -owned vehicle at
any time during business or non -business hours, or in an employee -owned vehicle while
conducting city business, may result in discipline, up to and including discharge.
Criminal Controlled Substance Convictions. Any employee convicted of any criminal drug
statute must notify his or her supervisor and the City Administrator in writing of such conviction
no later than five days after such conviction. Within 30 days after receiving notice from an
employee of a controlled substance -related conviction, the City will take appropriate personnel
action against the employee up to and including discharge, or require the employee to
satisfactorily participate in a controlled substance abuse assistance or rehabilitation program as
an alternative to termination. In the event notice is not provided to the supervisor and the
employee is deemed to be incapable of working safely, the employee will not be permitted to
work and will be subject to disciplinary action, including dismissal from employment. In
accordance with the Federal Drug -Free Workplace Act of 1988, if the City is receiving federal
grants or contracts of over $25,000, the City will notify the appropriate federal agency of such
conviction within 10 days of receiving notice from the employee.'
Failure to Disclose Lawful Controlled Substance. Employees taking a lawful controlled
substance, including prescription and over-the-counter controlled substances, which may impair
their ability to perform their job responsibilities or pose a safety risk to themselves or others,
must advise their supervisor of this before beginning work. It is the employee's responsibility to
seek out written information from his/her physician or pharmacist regarding medication and any
job performance impairment and relay that information to his/her supervisor. In the event of such
a disclosure, the employee will not be authorized to perform safety -sensitive functions.
REVIEW AND NOTIFICATION OF TEST RESULTS
Notification of Negative Test Results. In the case of job applicants and in accordance with
Minn. Stat. § 181.953, the City will notify a job applicant of a negative drug result within three
1 The City will want to double check whether an employee who reports his/her conviction is
actually subject to the federal contract reporting requirements under the Drug -Free Workplace
Act of 1988, prior to reporting it to the federal agency.
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days of receipt of result by the City, and the hiring process will resume. In accordance with
Minn. Stat. § 181.953, subd. 3, a laboratory must report results to the city within three working
days of the confirmatory test result. A "Negative Test Results Notification" form will be sent to
the job applicant, and the job applicant may request a copy of the test result report from the City.
In the case of current employees and in accordance with Minn. Stat. § 181.953, the City will
notify the employee of a negative drug and/or alcohol result within three days of receipt of result
by the city. A "Negative Test Results Notification" form will be sent to the employee, and he or
she may request a copy of the test result report from the City Administrator.
Notification of Positive Test Results. In the event of a confirmed positive blood or urine
alcohol and/or drug test result, the city will notify the employee of a positive drug and/or alcohol
result within three days of receipt of the result. The City Administrator will send to the employee
or job applicant a "Positive Test Results Notification" letter containing further instructions. The
employee or job applicant may contact the City Administrator to request a copy of the test result
report if desired. In accordance with Minn. Stat. § 181.953, subd. 3, a laboratory must report
results to the City within three working days of the confirmatory test result.
➢ Right to Provide Information After Receiving Test Results. Within three working
days after notice of a positive controlled substance or alcohol test result on a
confirmatory test, the employee or job applicant may submit information to the City to
explain the positive result. In accordance with Minn. Stat. § 181.953, subd. 10, if an
employee submits information either before a test or within three working days after a
positive test result that explains the positive test result, (such as medications the
employee is taking), the City will not take an adverse employment action based on that
information unless the employee has already been under an affirmative duty to provide
the information before, upon, or after hire.
➢ Right to Confirmatory Retest. A job applicant or employee may request a confirmatory
retest of the original sample at the job applicant's or employee's own expense after notice
of a positive test result on a confirmatory test. Within five working days after notice of
the confirmatory test result, the job applicant or employee must notify the City in writing
of the job applicant's or employee's intention to obtain a confirmatory retest. Within
three working days after receipt of the notice, the City will notify the original testing
laboratory that the job applicant or employee has requested the laboratory to conduct the
confirmatory retest or transfer the sample to another qualified laboratory licensed to
conduct the confirmatory retest. The original testing laboratory will ensure the control
and custody procedures are followed during transfer of the sample to the other laboratory.
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In accordance with Minn. Stat. § 181.953, subd. 3, the laboratory is required to maintain
all samples testing positive for a period of six months. The confirmatory retest will use
the same controlled substance and/or alcohol threshold detection levels as used in the
original confirmatory test.
In the case of job applicants, if the confirmatory retest does not confirm the original
positive test result, the City's job offer will be reinstated and the City will reimburse the
job applicant for the actual cost of the confirmatory retest. In the case of employees, if the
confirmatory retest does not confirm the original positive test result, no adverse personnel
action based on the original confirmatory test will be taken against the employee, the
employee will be reinstated with any lost wages or salary for time lost pending the
outcome of the confirmatory retest result, and the City will reimburse the employee for
the actual cost of the confirmatory retest.
➢ Access to Reports. In accordance with Minn. Stat. § 181.953, subd. 10, an employee
will have access to information contained in his or her personnel file relating to positive
test results and to the testing process, including all information gathered as part of that
process.
Dilute Specimens. A negative or positive dilute test result (following a second collection)
which has been confirmed will subject an employee to immediate termination.
CONSEQUENCES FOR EMPLOYEES ENGAGING IN PROHIBITED CONDUCT
Job Applicants. The City's conditional offer of employment will be withdrawn from any job
applicant who refuses to be tested or tests positive for illegal drugs as verified by a confirmatory
test.
Employees.
No Adverse Action Without Confirmatory Test. The City will not discharge,
discipline, discriminate against, or request or require rehabilitation of an employee based
on a positive test result from an initial screening test that has not been verified by a
confirmatory test.
Suspension Pending Test Result. The City may temporarily suspend a tested employee
with or without pay, or transfer that employee to another position at the same rate of pay
pending the outcome of the requested confirmatory retest, provided the City believes that
it is reasonably necessary to protect the health or safety of the employee, co -employees,
or the public. The employee will be asked to return home, and will be provided
appropriate arrangements for return transportation to his or her residence. In accordance
with Minn. Stat. § 181.953, subd. 10, an employee who has been suspended without pay
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will be reinstated with back pay if the outcome of the requested confirmatory retest is
negative.
Discipline and Discharge.
✓ Confirmatory Positive Test Result. The City will not discharge an employee for
a first confirmatory positive test unless the following conditions have been met:
1) The City has first given the employee an opportunity to participate in
either a drug or alcohol counseling or rehabilitation program, whichever is
more appropriate, as determined by the City after consultation with a
certified chemical use counselor or physician trained in the diagnosis and
treatment of chemical dependency. Participation by the employee in any
recommended substance abuse treatment program will be at the
employee's own expense or pursuant to the coverage under an employee
benefit plan. The certified chemical use counselor or physician trained in
the diagnoses and treatment of chemical dependency will determine if the
employee has followed the rehabilitation program as prescribed; and
(2)The employee has either refused to participate in the counseling or
rehabilitation program or has failed to successfully complete the program,
as evidenced by withdrawal from the program before its completion or by
a refusal to test or positive test result on a confirmatory test after
completion of the program.
✓ Other Misconduct. Nothing in this policy limits the right of the City to discipline
or dismiss an employee on grounds other than a positive confirmatory test result,
including conviction of any criminal drug statute for a violation occurring in the
workplace or violation of other city personnel policies.
Emergency Call Back to Work Provisions. If an employee is called out for a City
emergency and he or she reports to work and is suspected of being under the influence of
drugs or alcohol, he or she will not be subject to the testing procedures of this policy, but
may be subject to discipline and will not be allowed to work. Appropriate arrangements
for return transportation to the employee's residence will be made. It is the sole
responsibility of the employee who is under the influence of alcohol and/or drugs and
who is called out for a City emergency, to notify his or her supervisor of this information
and advise if he or she is unable to respond to the emergency call back.
NON-DISCRIMINATION
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The City of Scandia policy on work-related substance abuse is non-discriminatory in intent and
application; however, in accordance with Minn. Stat., ch. 363, disability does not include
conditions resulting from alcohol or other drug abuse which prevents an employee from
performing the essential functions of the job in question or constitutes a direct threat to property
of the safety of individuals.
Furthermore, the City will not retaliate against any employee for asserting his or her rights under
this policy.
POLICY CONTACT FOR ADDITIONAL INFORMATION
If you have any questions about this policy or the City's drug and alcohol testing procedures, you
may contact your immediate supervisor or the City Administrator to obtain additional
information.
By this policy, the City of Scandia has established a drug-free awareness program to inform
employees about the dangers of drug abuse in the workplace and its policy of maintaining a
drug-free workplace. Each City employee will receive a copy of this policy and will be required
to read it.
DEFINITIONS
"Alcohol" means the intoxicating agent in beverage alcohol or any low molecular weight
alcohols such as ethyl, methyl, or isopropyl alcohol. The term includes but is not limited to beer,
wine, spirits, and medications such as cough syrup that contain alcohol.
"Alcohol use or usage" means the consumption of any beverage, mixture, or preparation,
including any medication, containing alcohol.
"Applicant" means a person applying for a job with the City.
"City" means the City of Scandia.
"City premises" means, but is not limited to, all City job sites and work areas. For the purposes
of this policy, city premises also includes any other locations or modes of transportation to and
from those locations while in the course and scope of employment of the City.
"City vehicle" means any vehicle which employees are authorized to use solely for City
business when used at any time; or any vehicle owned or leased by the City when used for City
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business.
"Collection site" means a place designated by the City where job applicants and employees
present themselves for the purpose of providing a specimen of their breath, urine, and/or blood to
be analyzed for the presence of controlled substances and alcohol.
"Confirmatory test" means a controlled substance or alcohol test on a sample to substantiate
the results of a prior controlled substance or alcohol test on the same sample, and that uses a
method of analysis allowed under one of the programs listed in Minn. Stat. § 181.953, subd. 1.
"Drug" has the same meaning as "controlled substance" defined in Minn. Stat. § 152.01, subd. 4.
"Drug and alcohol testing," "drug or alcohol testing," and "drug or alcohol test" mean
analysis of a body component sample according to the standards established under one of the
programs listed in Minn. Stat. § 181.953, subd.l, for the purpose of measuring their presence or
absence of drugs, alcohol, or their metabolites in the sample tested.
"Drug paraphernalia" has the meaning set forth in Minn. Stat. § 152.01, subd. 18.
"Employee" means a person who performs services for compensation for the City and includes
independent contractors except where specifically noted in this policy.
"Initial screening test" means a drug or alcohol test that uses a method of analysis under one of
the programs listed in Minn. Stat. § 181.953, subd. 1.
"Job applicant" means a person who applies to become an employee of the City, and includes a
person who has received a job offer made contingent on the person passing drug testing.
"Positive test result" means a finding of the presence [Note: the City should partner with the
testing laboratory before establishing cutoff levels] of alcohol, illegal drugs, or their metabolites
that exceeds the cutoff levels established by the City. Minimum threshold detection levels are
subject to change as determined in the City's sole discretion.
"Random selection basis" means a mechanism for selection of employees that (1) results in an
equal probability that any employee from a group of employees subject to the selection
mechanism will be selected, and (2) does not give an employer discretion to waive the selection
of any employee selected under the mechanism.
"Reasonable suspicion" means a basis for forming a belief based on specific facts and rational
inferences drawn from those facts.
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"Safety -sensitive position" means a job, including any supervisory or management position, in
which an impairment caused by drug or alcohol usage would threaten the health or safety of any
person.
"Under the influence" means (1) the employee tests positive for alcohol or drugs, or (2) the
employee's actions, appearance, speech, and/or bodily odors reasonably cause the City to
conclude that the employee is impaired because of illegal drug use or alcohol use.
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