4.j) Staff Report-Drug and Alcohol Testing Policies � �
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SCANDIA
Staff Renort
Date of Meeting: March 12, 2013
To: City Council
From: Kristina Handt, City Administrator
Re: Drug and Alcohol Testing Policies
Agenda Item#: 4.j)
Background:
The City's current Personnel Policy covers pre-employment drug and alcohol screening and
establishes a drug free workplace as required by federal law. Public works employees are
randomly tested as required by federal regulations. The City however, does not have a written
policy for drug and alcohol testing for either commercial drivers or non-commercial drivers.
The League of Minnesota Cities recently released a sample non-DOT policy. Proposals for both
commercial and non-commercial (non-DOT) drivers are included in your packet.
Issue:
Should the City adopt drug and alcohol testing policies for commercial and non-commercial
drivers?
Proposal Details:
Dru�and Alcohol Policv for Commercial Drivers:
This policy implements the requirements of federal law. It identifies conduct prohibited by
federal law and by the City. The policy establishes required background checks and verifications
and details testing procedures for pre-employment,post-accident,random,reasonable suspicion,
return-to-duty, and follow up testing. The cost of the required testing is also laid out. Collection
and testing procedures are outlined. The policy covers what happens when a driver refuses to
submit to testing,retention and security of the records, and possible consequences for engaging
in prohibited conduct. The rights of employees and job applicants are also outlined.
One item for the Council to consider is whether or not they would like to offer an Employee
Assistance Program. Currently, these services are not provided in our current health insurance
coverage but are available at an additional cost. I've included information from Blue Cross Blue
Shield's Employee Assistance Program(EAP) in this packet. Simple telephonic services would
cost approximately$2.50 per month. Additional services are available for an additional charge.
The Council will need to decide if they want to offer this program or direct staff to take
references to an EAP put of the policies.
Appendix A identifies the city administrator as the contact unless redesignated and Appendix B
includes a list of definitions.
Non-DOT Drug and Alcohol Policv:
This policy would apply to city employees who are non-commercial drivers. The Council should
consider under which circumstances they would require testing. Options outlined in the policy
are pre-employment,reasonable suspicion,treatrnent program,routine physical examination, and
random testing. The policy also covers the employee/applicant's right to refusal and cost of the
testing. This policy also covers prohibited conduct,the review and notification of test results, and
the consequences for engaging in prohibited conduct.
Similar to the DOT policy,the Council should determine if it will offer an EAP option or of that
language should be taken out of the policy.
Fiscal Impact:
As previously mentioned, a basic EAP would cost the City about $2.50 per month since there are
currently five contracts (three single and two family plans).
Pre-employment drug tests cost about$65-70.
Options:
For DOT Policy:
1) Direct staff to include EAP language and place policy on consent agenda for next
meeting
2) Direct staff to remove EAP language and place policy on the consent agenda for next
meeting
3) Make other changes to the policy before placing it on the consent agenda for next
meeting.
4) Do not adopt a written policy for drug and alcohol testing for commercial drivers.
For Non-DOT Policy determine the following:
1) Decide if EAP language should be included
2) Decide under which circumstances testing should occur
After determining the above and any other changes, direct staff to place the policy on the next
consent agenda OR
Do not adopt a written policy for Drug and Alcohol testing for non-commercial drivers.
2013 EAP Pricing
PCPM PCPM
Service Rate Service Rate
Telephonic Only $0.50 Telephonic Only No additional charge
Telephonic& 1-3 EAP Visits $0.75 Telephonic& 1-3 EAP Visits $0.25
Telephonic& 1-4 EAP Visits $1.00 Telephonic& 1-4 EAP Visits $0.50
Telephonic& 1-5 EAP Visits $1.25 Telephonic& 1-5 EAP Visits $0.75
Telephonic& 1-6 EAP Visits $1.50 Telephonic& 1-6 EAP Visits $1.00
Telephonic& 1-8 EAP Visits $1.75 Telephonic& 1-8 EAP Visits $1.25
Telephonic& 1-10 EAP Visits $2.00 Telephonic& 1-10 EAP Visits $1.50
Tele honic& 1-12 EAP Visits $2.25 Tele honic& 1-12 EAP Visits $1.75
Onsite Management/Supervisor Provide BCBSM employer groups with onsite
Training $175.00 management/supervisor training sessions of up to 2 hours
each as requested for an additional fee of$175.00/hour.
Any additional onsite visits or training by VO staff,
consultants or subcontractors beyond the number of hours
Additional Onsite Training $175.00 in the MSA; MSA does allow one hour of employee
orientation for each member as requested on an annual
basis.
Critical Incident consultation and debriefing services to
Critical Incident $325.00 address situations requiring immediate onsite response
related to disaster or potential threat, as requested by
employer groups. Includes travel cost for local providers.
DOT mandated, substance abuse provider(SAP)available
SAP Services $750.00 to provide all requirements of the DOT regulations for
evaluation and return to work.
Annual Fee: Provide a designated Achieve Solutions website with the
Designated Website 10,000 EE's: $2,000 Blue branding (BCBSM, BlueLink, CCStpa); designated
>10,000 EE's: $6,000 Website will have a unique URL and allow for tracking of
website utilization at the group level.
Version 08.23.12
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Blue Cross and Blue Shield of Minnesota
Employee Assistance Program
Blue Cross and Blue Shield of o Programpromotionalmaterials
Minnesota self-insured groups may O Translation services
O TTY/TDD line for hearing impaired
elect to purchase ourEmployee
O Services available to all eligible employees and
Assistance Program (EAP)for their members oftheirimmediatehousehold
employees, including those not O Services are providedfree of charge*
covered under the Blue Cross health Workplaceservices
plan. We offer two program options, O Manager and supeivisor consultation regarding
tivhich are outlined below employeeworkperformanceorbehaviorissues
O Group leadership consultation on organizational
issues and problems
Phone-based EAP services at-a-glance Enhanced services at-a-glance
Member services The following program provides all of the services
O Professional,confidential assistance to help resolve outlined in the phone-based product plus the following
any personal problem that may interfere with a membe�s additional services:
health,emotional well-being or job performance O 1 to 3 in-person visits with an employee assistance
O EAP services are an integrated part of Whole Person counselor(when clinically appropriate)
Health Supports"' O National network of 25,000+EAP counselors
O 24/7 access to master's degree-prepared counselors O Group-specific utilization reports
O Unlimited assessment and professional consultation O Ouarterly newsletters for employees and supervisors
by phone;no appointment necessary
O Referral to appropriate resources 'Members may be referred to outside resources that may charge a fee.
Members may be responsible for all or part these fees.
O Access to attorneys for free legal consultation
O Assistance with childcare and elder care zesource and
refenal needs
I�� �
Employee Assistance Program options
Professional,confidential assistance with any personal problem � �
or concern
24/7 access to master's degreed EAP counselors � �
Unlimited telephonic assessment and consultation— � �
no appointment necessary
Referral to appropriate resources including community-based � �
services,health and wellness programs and health care providers
Access to attorneys for free legal consultation � �
Assistance with childcare and elder care resource and referral � �
T'TY�TDD and translation services available � �
Promotional materials � �
Consultation for managers and supervisors regarding the � �
management of employee job performance or workplace
behavior issues
Consultation with employers related to organizational issues � �
and problems
Integrated component of Whole Person Health Support � �
1-3 in-person visits with an EAP counselor(when appropriate) �
Group specific EAP utilization reports �
Ouarterly EAP newsletter for employees �
Ouarterly newsletter for managers and supervisors �
EAP services available for an additional fee
Critical incident stress debriefing sessions � �
Educational workshops � �
Expanded EAP eligibility to include employees not covered � �
under the Blue Cross health plan(available to 51+groups)
X11736(11/09)
CITY OF SCANDIA
POLICY ON ALCOHOL AND CONTROLLED
SUBSTANCES FOR COMMERCIAL DRIVERS
PURPOSE AND OBJECTIVES
The purpose of this policy is to establish programs designed to help prevent accidents and
injuries resulting from the misuse of alcohol or use of controlled substances by drivers of
commercial motor vehicles. This policy implements the requirements of the Federal Omnibus
Transportation Employee Testing Act and the U. S. Department of Transportation Regulations,
49 C.F.R. Part 382. This policy is in addition to and separate from any additional drug and
alcohol testing policy that the City may implement in the future.
This policy does not in any way affect or change the status of any at-will employee. Nothing in
this policy is a promise or guarantee or should be construed as a promise or guarantee that the
City will follow any particular course of action, disciplinary, rehabilitative or otherwise, except
as required by law. Any revisions to the Federal Omnibus Transportation Employee Testing Act
will take precedent over this policy to the extent the policy has not incorporated those revisions.
CONDUCT PROHIBITED BY FEDERAL LAW
The following conduct is explicitly prohibited by applicable Department of Transportation
(DOT) regulations adopted by the Federal Motor Carrier Safety Administration (FMCSA) and
therefore constitutes violation of City policy.
• Use of Legally Prescribed Drugs: This misuse or abuse of le ag 1 dru s while
performin.g safetv-sensitive functions is prohibited. Anv employee usin�any
substance that carries a warnin�label that indicates that mental functionin ,g motor
skills or jud�anent mav be adverselv affected must report that substance to his/her
supervisor The emplovee must also obtain a written release from the attendin�
physician that releases the emplovee to perform their job duties whenever thev are
usin�a performance-alterin� substance. The appropriate use of le�allv nrescribed
dru�s and non-prescri�tion medications is not prohibited.
• Alcohol Concentration: No Driver may report for duty or remain on duty
requiring the performance of safety-sensitive functions while having an alcohol
concentration of 0.04 or greater. No Driver shall perform or continue to perform
any safety-sensitive function with an alcohol concentration of 0.02 or greater, but
less than 0.04 until the start of the driver's next regularly scheduled duty,but not
less than twenty-four hours following administration of the test.
• On-Dutv Use of Alcohol: No Driver may use alcohol while performing safety-
sensitive functions.
• Pre-Dutv Use of Alcohol: No Driver may perform safety-sensitive functions
within four(4)hours after using alcohol.
Adopted: ? 2013 Page 1 of 19
• On-Call Use of Alcohol: No Driver mav use alcohol durinE on-call hours.
• Alcohol Use Followin� an Accident: No Driver required to take a post-accident
alcohol test may use alcohol for eight (8) hours following the accident, or until the
Driver undergoes a post-accident alcohol test, whichever occurs first.
• Refusal to Submit to a Required Alcohol or Controlled Substance Test: No
Driver may refuse to submit to a post-accident, random,reasonable suspicion, or
follow-up alcohol or controlled substance test.
In the event an applicant or Driver refuses to submit to required alcohol or
controlled substance testing, no test will be conducted. Refusal by a Driver to
submit to controlled substance or alcohol testing will be considered a positive test
result, will cause disqualification from performing safety-sensitive functions, and
may appear on the Driver's permanent record. Drivers who refuse to submit to
testing will be subject to discipline. If an applicant refuses to submit to pre-
employment controlled substance testing, any conditional offer of employrnent
will be withdrawn.
For purposes of this section, a Driver refuses to submit to an alcohol or controlled
substance test when the Driver:
(1) fails to provide adequate breath for alcohol testing without a valid
medical explanation after he or she has received notice of the
requirement for breath testing;
(2) fails to provide adequate urine for controlled substance testing
without a genuine inability to provide a specimen (as determined
by a medical evaluation), after he or she has received notice of the
requirement for urine testing;
(3) fails to report for testing within a reasonable period of time, as
determined by the City;
(4) fails to remain at a testing site until testing is complete;
(5) in a case of directly observed or monitor collection, fails to permit
observation or monitoring;
(6) fails or declines to take a second test as required by the City and/or
collector;
(7) fails to undergo a medical examination as directed by the City
pursuant to federal law; or
(8) engages in conduct that clearly obstructs the testing process.
Adopted: ? 2013 Page 2 of 19
Refusal by a Driver to complete and sign the alcohol testing form,to provide a
breath or saliva sample, to provide an adequate amount of breath, or otherwise
cooperate in a way that prevents the completion of the testing process constitutes
a refusal to test.
• Controlled Substance Use: No Driver may report for duty or remain on duty
requiring the performance of safety-sensitive functions when the Driver uses any
controlled substance, except when the use is pursuant to the instructions of a
licensed medical practitioner who has advised the Driver in writing that the
substance does not adversely affect the Driver's ability to safely operate a
commercial motor vehicle. Drivers must inform the City in writing of any
therapeutic controlled substance use immediately after receiving any such advice.
• Controlled Substance Testing: No Driver may report for duty, remain on-duty
or perform a safety-sensitive function if the Driver tests positive for controlled
substance or has adulterated or substituted a test specifinen for a controlled
substance.
CONDUCT PROHIBITED BY THE CITY
In addition to the conduct prohibited by applicable DOT and FMCSA regulations, the City has
adopted the following prohibitions and policies based on its independent authority.
• Manufacture, Trafficking, and Sale: No Driver may engage in the
manufacture, sale,purchase, solicitation to sell or purchase, transportation,
distribution, or dispensing of alcohol or controlled substance or controlled
substance paraphernalia while on duty,performing safety-sensitive functions, on
City premises, or in any City vehicle. Law enforcement will be notified, as
appropriate, when criminal activity is suspected.
• Criminal Controlled Substance or Alcohol Convictions: Any Driver convicted
under any federal, state, or local criminal controlled substance or alcohol statute
for a violation occurring in the workplace, on City premises, or in any City
vehicle must notify the City in writing of such conviction no later than five (5)
days after such conviction.
REQUIRED BACKGROUND CHECKS AND VERIFICATIONS
The City will conduct background checks of applicants for employment to drive a commercial
motor vehicle. Applicants must execute a consent form authorizing the City to obtain the
required information. The City will obtain(pursuant to the applicant's written consent)
information on the applicant's alcohol tests with a concentration result of 0.04 or greater,
positive controlled substance test results, and refusals to be tested within the preceding two (2)
years which are maintained by the applicant's previous employers. In addition, the City will
obtain all information concerning the applicant which is maintained by the applicant's previous
employers within the preceding two (2) years pursuant to FMCSA controlled substance and
alcohol testing regulations. The City will review such records, if feasible, prior to the first time a
Driver performs safety-sensitive functions,but in any event no later than thirty(30) calendar
Adopted: ? 2013 Page 3 of 19
days after the first time a Driver performs safety-sensitive functions for the City.
CONTROLLED SUBSTANCE AND ALCOHOL TESTING
The City may test any applicant to whom a conditional offer of employment has been made and
may test any Driver for controlled substance and alcohol under any of the following
circumstances:
A. Pre-Emplovment Testing
The City will conduct pre-employment controlled substance testing of each
applicant for a Driver position after a conditional job offer has been made to the
applicant and prior to the first time a Driver performs a safety-sensitive function
for the City. Employees transferring from a non-sensitive function to a safety-
sensitive function must also undergo pre-employment controlled substance
testing. A Driver may not perform safety-sensitive functions unless the Driver has
received a controlled substance test result from the Medical Review Officer
indicating a verified negative test result. Pre-employment alcohol testing will not
be conducted.
If an applicant receives a confirmed positive controlled substance screen result, the offer
of employment will be withdrawn and the applicant will be disqualified from
applying for employment for a period of one year from the effective date of the
disqualifying action.
Testing shall not be required if:
• The employee has participated in a controlled substances testing program
that meets the requirements of 49 C.F.R. 382.301 within the previous thirty
days; and
• While participating in that program,the employee either:
o Was tested for controlled substances within the past six months
(from the date of application with the employer); or
o Participated in the random controlled substances testing program for
the previous twelve months(from the date of applications with the
employer); and no prior employer of the employee has records of a
violation of 49 C.F.R. 382 or the controlled substances use rule of
another DOT agency within the previous six months.
Should the City elect this method as an alternative to pre-employment controlled
substance testing, the City must obtain information from the applicant's previous
employers certifying compliance with another DOT controlled substance testing
program. If requested, the applicant or employee must execute a consent form
authorizing the disclosure of such information.
Adopted: ? 2013 Page 4 of 19
When a covered employee has not performed a safety-sensitive function for 90 consecutive
calendar days, and the employee has not been in the random selection pool during that
time, the employee is subject to the following activities:
• The employee must take a pre-employment drug test which produces
verified negative results.
• A pre-employment pre-transfer test will also be performed whenever
an employee's status changes from inactive status to active status in a
safety-sensitive position. This status change includes,but is not limited
to, return from Worker's Compensation leave or a return from leave
which exceeds ninety days in length.
B. Post-Accident Testin�
As soon as practicable following an accident involving a commercial motor
vehicle operating on a public road in commerce, a alcohol and controlled
substance tests will be administered to the employee(s)performing a safety-
sensitive function and whose performance either contributed to the accident or
cannot be completely discounted as a contributing factor, wherein
(1) the accident involved the loss of human life; or
(2) the employee receives a citation under State or local law for a
moving traffic violation arising from the accident and one of the
following two conditions is met: (1) the accident involved bodily
injury to any person who, as a result of the injury, immediately
receives medical treatment away from the scene of the accident, or
(2) one or more motor vehicles incurring disabling damage as a
result of the accident,requiring the motor vehicle to be transported
away from the scene by a tow truck or other motor vehicle.
A Driver who is subject to post-accident testing must remain readily available for
such testing. Drivers that are not readily available for such testing may be
deemed by the City to have refused to submit to testing.
Drivers are required to submit to post-accident controlled substance testing as
soon as possible within thirty-two (32) hours of the accident. If the Driver is not
tested within thirty-two (32)hours after the accident, the City will cease its
attempts to test the Driver and prepare and maintain on file a record stating why
the test was not promptly administered.
Drivers are required to submit to post-accident alcohol testing as soon as possible
or within two (2)hours of the accident,but in any event no more than eight (8)
hours, after the accident. After an accident, consuming alcohol is prohibited until
the Driver is tested. If the Driver is not tested within two (2)hours after the
accident, the City will prepare and maintain on file a record stating why the test
was not administered within that time. If the Driver is not tested within eight (8)
Adopted: ? 2013 Page 5 of 19
hours after the accident, the City will cease its attempts to test the Driver and
prepare and maintain on file a record stating why the test was not administered.
In the event of an accident, it is possible that the Driver will be directed to submit
to a breath,blood, or urine test for the use of alcohol or controlled substance
� administered by a federal, state, or local law enforcement officer. Whenever such
a test is conducted by a law enforcement officer, the Driver must contact the City
and immediately report the existence of the test, providing the name,badge
number, and telephone number of the law enforcement officer who conducted the
test.
C. Random Testin�
Through a consortium, the City will receive the names of randomly-selected
drivers subject to this policy for unannounced alcohol and controlled substances
testing using a computer-based random number generator that is matched with the
employee's identifying number. Alcohol testing shall be performed just before,
during or after the driver's performance of safety-sensitive duties. Drivers
selected for testing must proceed immediately to the testing site; provided,
however, that if an employee is performing a safety-sensitive function at the time
of notification, the driver shall cease performing the safety-sensitive function and
proceed to the testing site as soon as possible. FWHA rules require the City
conduct random controlled substances testing on 50% of the average number of
drivers and random alcohol testing on 10% of the average number of drivers.
Drivers may be selected for more than one test per year. Tests shall be spread
reasonably throughout the year.
If a Driver is selected for a random test while he or she is absent, on leave or
away from work, that Driver will be required to undergo the test when he or she
returns to work.
D. Reasonable Suspicion Testing
1) City's Determination Of Reasonable Suspicion Of Alcohol Violations. The City shall
require a driver to submit to an alcohol test when the appointing authority has reasonable
suspicion to believe that the driver has violated the provisions of federal law concerning
alcohol. The City's determination that reasonable suspicion exists to require the driver to
undergo an alcohol test must be based on specific, contemporaneous, articulable observations
concerning the appearance,behavior, speech, or body odors of the driver.
2) Citv's Determination Of Reasonable Suspicion Of Controlled Substance Violations. The
City shall require a driver to submit to a controlled substance test when the appointing
authority has reasonable suspicion to believe that the driver has violated the prohibitions of
federal law or this policy concerning controlled substances. The City's determination that
reasonable suspicion exists to require the driver to undergo a controlled substance test must
be based on specific, contemporaneous, articulable observations concerning the appearance,
Adopted: ? 2013 Page 6 of 19
behavior, speech, or body odors of the driver. The observations may include indications of
the chronic and withdrawal effects of controlled substances.
3) Trained Supervisor Of Emplovee. The required observations for alcohol and/or controlled
substance reasonable suspicion testing shall be made by a supervisor or an employee of the
City who is trained in accordance with federal law. The person who makes the determination
or who observes or assists with making the determination that reasonable suspicion exists to
conduct an alcohol test shall not conduct the alcohol test of the driver.
4) Timin� of Reasonable Suspicion Observations. Alcohol testing is authorized by federal law
and this policy only if the observations required by paragraph (a) above are made during,just
proceeding, or just after the period of the work day that the driver is required to be in
compliance with federal law and these rules. The driver may be directed by the City to only
undergo reasonable suspicion testing while the driver is performing safety-sensitive
functions, just before the driver is to perform safety-sensitive functions,just after the driver
has ceased performing such safety-sensitive functions or while the driver is in a state of
readiness to perform safety-sensitive functions.
5) Citv Dru� and Alcohol Testing Policv. If the driver is not performing safety-sensitive
functions and reasonable suspicion exists, drivers may be tested for drugs and alcohol under
the City of Scandia Drug and Alcohol Testing Policy.
6) Prompt Administration of Test. If an alcohol test required by federal law and this policy is
not administered within two hours following the determination of reasonable suspicion, the
City shall prepare and maintain on file a record stating the reasons the alcohol test was not
promptly administered. If an alcohol test required by federal law and this policy is not
administered within eight (8) hours following the determination of reasonable suspicion, the
city shall cease attempts to administer an alcohol test and shall state in the record the reasons
for not administering the test.
8) Written Records Of Observations. A written record shall be made of the observations
leading to a controlled substance reasonable suspicion test, and signed by the supervisor or
another city employee who made the observations within twenty-four (24) hours of the
observed behavior or before the test results are released, whichever is earlier.
E. Return-to-Dutv Testin�
The City reserves the right to impose discipline against Drivers who violate applicable
FMCSA rules or this policy, subject to applicable personnel policy and collective bargaining
agreements. Except as otherwise required by law, the City is not obligated to reinstate or
requalify such Drivers.
Should the City consider reinstatement of such a Driver, the Driver must undergo a return-
to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 if the
conduct involved alcohol, or a controlled substance test with a verified negative result if the
conduct involved a controlled substance,before the Driver returns to duty requiring the
performance of a safety-sensitive function.
Adopted: ? 2013 Page 7 of 19
F. Follow-Up Testing
1) Follow-Up Alcohol and/or Controlled Substance Test. Following a determination that an
employee is in need of assistance in resolving problems associated with alcohol misuse
and/or use of controlled substances, the City shall ensure that the employee is subject to
unannounced follow-up alcohol and/or controlled substance testing as directed by a
substance abuse professional in accordance with the federal law. Follow up testing shall
not exceed sixty (60) months from the date of the employee's return to duty, but must
include, minimally, six unannounced follow-up tests within the first twelve months of
safety-sensitive duty. A refusal to take the test or a confirmed positive test will result in
termination of employment.
2) Timin� of Follow-� to Alcohol Test. Follow-up alcohol testing shall be conducted only
while the driver is performing safety-sensitive functions, just before the driver is to
perform safety-sensitive functions, just after the driver has ceased performing such
safety-sensitive functions or while the driver is in a state of readiness to perform safety-
sensitive functions.
G. Cost of Required Testing
The City will pay for the cost of pre-employment, post-accident, random, and
reasonable suspicion controlled substance and alcohol testing requested or
required of all job applicants and employees. The Driver must pay for the cost of
all requested confirmatory re-tests, return-to-duty, and follow-up testing.
COLLECTION AND TESTING PROCEDURES
A. Alcohol Testing
Tests for breath alcohol concentration will be conducted utilizing a National Highway
Traffic Safety Administration (NHTSA)-approved testing device operated by a trained
technician. If the initial test indicates an alcohol concentration of 0.02 or greater, a
second test will be performed to confirm the results of the initial test. The confirmatory
test will be observed and performed between fifteen minutes and no more than 30
minutes from the completion of the original test, using the NHSTA-approved evidential
breath testing device (EBT) operated by a trained breath alcohol technician (BAT). The
EBT will identify each test by a unique sequential identification number. This number,
time of test, and unit identifier will be provided on each EBT printout. The EBT printout
along with an approved alcohol testing will be used to document the test and the
subsequent results and to attribute the test to the correct employee. The test will be
performed in a private, confidential manner as required by 49 CFR Part 40 as amended.
The procedures will be followed as prescribed to protect the employee and to maintain
the integrity of the alcohol testing procedures and validity of the test results.
Adopted: ? 2013 Page 8 of 19
B. Controlled Substances Testing
Controlled substances testing is conducted by analyzing an employee's urine specimen. Split
urine samples will be collected according to FHWA regulations. The employee will provide a
urine sample at a designated collection site. The collection site person shall pour the urine
specimen into two bottles labeled "primary" and "split", seal the specimens, complete a chain of
custody document and prepare the bottles for shipment to the testing laboratory for analysis.
If the employee is unable to provide the appropriate quantity of urine, the collection site person
shall instruct the employee to drink not more than 40 ounces of fluids and after a period of no
more than three hours, again attempt to provide a complete sample. If the employee is still
unable to provide a complete sample, the testing shall be discontinued and the City notified. The
MRO shall refer the employee for a medical evaluation to determine if the employee's inability
to provide a specimen is genuine or constitutes a refusal to test. For pre-employment testing, the
City may elect to not have the referral made and revoke the employment offer.
Drug test results are reported directly to the MRO by the testing laboratory. The MRO reports
the results to the City's designated contact person. If the results are negative, the City is
informed and no further action is necessary. If the test result is confirmed positive or determined
to have been adulterated or substituted, the MRO shall give the employee an opportunity to
discuss the test result. The MRO must review any medical records supplied by an employee to
determine if a confirmed positive test is the result of the employee having taken legally
prescribed medication. The MRO shall notify each employee that the employee has 72 hours in
which to request a test of the split specimen at the employee's expense. The MRO will contact
the employee directly on a confidential basis, to determine whether the person wishes to discuss
the positive, adulterated or substituted specimen test result.
The MRO will review the confirmed positive, adulterated, or substituted specimen test result to
determine whether there is an acceptable medical reason for the result. The MRO shall verify
and report a positive test result to the City when there is no legitimate medical reason for a
positive test result as received from the testing laboratory.
If after making reasonable efforts and documenting these efforts, the MRO is unable to reach the
employee directly, the MRO must contact the designated City contact person, who shall direct
the employee to contact the MRO. If the City contact person is unable to contact the employee,
the employee will be placed on suspension.
The MRO may verify a test positive without having communicated directly with the employee
about the test results under the following circumstances:
(a) The employee expressly declines the opportunity to discuss the test results.
(b) The employee has not contacted the MRO within five (5) days of being instructed
to do so by the City.
Adopted: ? 2013 Page 9 of 19
REFUSAL TO SUBMIT
If the driver refuses to undergo required testing under federal regulations, no test shall be given,
and the driver will be considered insubordinate and subject to disciplinary action including
dismissal. In the case of a job applicant applying to drive for the City, if the applicant refuses, no
such test shall be given, and the job applicant shall be deemed to have withdrawn the application
for employment. If a specimen has been determined to be adulterated or a substituted specimen
and no medical reason has been determined for such, the test result shall be considered a refusal
to test.
RECORD SECURITY AND RETENTION
All drug and alcohol testing records will be maintained in a secure manner so that disclosure of
information to unauthorized persons does not occur. Information will only be released in the
following circumstances:
• To a third party if a release from the employee is received in writing
• To the decision-maker in a lawsuit, grievance, or other proceeding initiated by, or on
behalf, of the employee tested and arising from the results of a drug and alcohol test
covered by this policy to include but not limited to, worker's compensation,
unemployment compensation, or other proceedings relating to a benefit sought by the
employee
• To a subsequent employer upon receipt of a written request from the employee
• To the National Transportation Safety Board during an accident investigation
• To the federal Department of Transportation,to the state Department of Transportation,
or to any DOT agency with regulatory authority over the employer or any of its
employees
• To the employee,upon written request
The City will maintain records of its anti-drug and alcohol misuse program in a secure location
with controlled access.
Records will be retained according to the following minimum criteria:
• For one year:
* Verified negative drug test results
* Alcohol test results less than 0.02
• For two years:
* Records related to the collection process for alcohol and drug testing to include
but not limited to: documents related to random selections, reasonable
suspicion determinations, and post accident determinations; medical
evaluations for insufficient amounts of urine and breath; and supervisor and
employee education and training records
* Records of inspection,maintenance,and calibration of EBT's
* Supervisor, employee, BAT, and ST"I' education and training records shall be
kept for two years after the person ceases those specific functions
Adopted: ? 2013 Page 10 of 19
� For three years:
Information obtained from previous employers concerning alcohol and drug test results
• For five years:
* Records of covered employee verified positive alcohol test with readings of
0.02 or greater
* Records of covered employee drug test with verified positive results
� SAP evaluations and referrals of employees for alcohol misuse
* Employee compliance with recommendations of the SAP for drug use and/or
alcohol misuse,including results of return-to-duty and follow-up testing
* SAP evaluation and referrals of employees for drug use
* Annual MIS reports
� Documentation of refusals to take required drug or alcohol tests
Retention time frames and the types of retained documents will be in conformance with 49
CFR,Part 382.
CONSEQUENCES FOR DRIVERS ENGAGING IN PROHIBITED CONDUCT
Employees who are known to have engaged in prohibited behavior, with regard to alcohol
misuse or use of controlled substances, are subject to the following consequences:
(a) Employees shall not be permitted to perform safety-sensitive functions;
(b) Employees shall be advised by the City of the resources available to them in
evaluating and resolving problems associated with misuse of alcohol or use of
controlled substances;
(c) Employees shall be evaluated by a substance abuse professional as determined by
the City. The substance abuse professional shall determine what assistance, if
any, the employee needs in resolving problems associated with alcohol misuse
and/or controlled substance use;
(d) Participation in a counseling or rehabilitation program will be at the employee's
own expense or pursuant to coverage under the employee's benefit plan.
(e) Before an employee returns to duty requiring performance of a safety-sensitive
function he/she shall undergo a return-to-duty test with a result indicating a breath
alcohol level of less than 0.02 if the conduct involved alcohol, or a controlled
substance test with a verified negative result if the conduct involved controlled
substance use;
(fl In addition, each employee identified as needing assistance in resolving problems
associated with alcohol or controlled substances shall be evaluated by a substance
Adopted: ? 2013 Page 11 of 19
abuse professional to determine that the employee has followed the rehabilitation
program prescribed;
(g) The employee shall also be subject to unannounced follow-up alcohol and
controlled substance testing following the employee's return to work. This testing
shall be as directed by the substance abuse professional and federal law;
(h) Federal Highway Administration (FHWA) rules require that in the event of an
alcohol test result over 0.02 but less than 0.04, an employee shall not be permitted
to perform safety-sensitive functions for at least 24 hours.
No action will be taken against an employee or job applicant based on a positive initial result that
has not been verified by a confirmatory test. If a job applicant receives a positive confirmatory
test result, the City will withdraw the conditional offer of employment and provide the applicant
with the reason. If an employee receives a positive confirmatory test result, the City will make
reasonable accommodations to allow the employee to participate in a counseling or rehabilitation
program. However, the City may discharge the employee if the employee refuses to follow and
successfully complete any and all recommendations outlined by the substance abuse
professional. Accommodations will be made for the initial rehabilitation. The City will consider
the frequency and/or severity of subsequent positive confirmatory tests and such tests may be
considered a failure to successfully complete the program. If the City deems that there was a
failure to successfully complete the program, the employee will be disciplined up to and
including discharge. If the City believes it is necessary to protect the safety of the employee, the
employees, or the public, the City may temporarily suspend or reassign the employee pending
the outcome of the confirmatory test or re-test.
RIGHTS OF EMPLOYEES AND JOB APPLICANTS
Opportunity to Explain — Upon a positive confirmatory test result, an employee or job
applicant will be given the opportunity to explain the positive drug confirmatory test result with
the Medical Review Officer. If the MRO upholds the positive drug determination, that test result
will be provided to the City. There is no opportunity to explain a positive alcohol test provided
in the rules.
Confirmatory Re-Test - Any employee or job applicant may request a confirmatory re-test of
the original sample, at the expense of the employee or job applicant, within 72 hours of receiving
notice of a confirmed positive, adulterated, or substituted specimen test result. The driver will
not have the opportunity to provide another specimen.
If the employee requests an analysis of the split specimen within 72 hours of having been
informed of a verified positive, adulterated, or substituted specimen test,the MRO shall direct, in
writing, the laboratory to provide the split specimen to another DHHS-certified laboratory for
analysis. If an employee has not contacted the MRO within 72 hours, the employee may present
the MRO with information documenting that serious illness, injury, inability to contact the MRO,
lack of actual notice of the verified positive, adulterated or substituted sample test, or other
Adopted: ? 2013 Page 12 of 19
unavoidable circumstances prevented the employee from making timely contact. If the MRO
concludes that there is a legitimate explanation for the employee's failure to contact within 72
hours,the MRO shall direct the analysis of the split specimen.
If the confirming retest is negative, no adverse action will be taken against the employee and an
applicant will be considered for employment. The City may reimburse the employee for the
expense of a re-test that is negative.
The City will not discharge an employee that, for the first time, receives a verified positive drug
or alcohol test result unless:
(a) The employee refuses to meet with a substance abuse professional for the purpose
of an evaluation for alcohol and/or controlled substance use and/or abuse and
recommendations for an educational, counseling, or treatment program; or
(b) The employee fails to enter the recommended program, or fails to successfully
complete the program; or
(c) The employee fails a return-to-duty alcohol and/or controlled substance test at the
successful completion of the recommended program or subsequent unannounced
follow-up alcohol and/or controlled substance testing.
GENERAL PROVISIONS
[The City has in place an Employee Assistance Program to assist employees in addressing
alcohol or drug abuse problems. Employees are encouraged to seek assistance before the
problem affects their employment status. Participation in the program is confidential and
normally voluntary,but participation may be required if usage of drugs or alcohol are determined
to be present.] Should be removed if City decides not to offer EAP
Violations of this policy may constitute just cause for discipline, up to and including discharge.
Each situation will be evaluated on an individual basis depending upon the severity and
circumstances involved.
Any alcohol and/or drug testing other than that required for operators of Commercial Motor
Vehicles shall be in accordance with Minnesota Statutes 181.950-957 (1987), the Minnesota
Drug and Alcohol Testing in the Workplace Act.
Adopted: ? 2013 Page 13 of 19
APPENDIX A
CONTACT
The employer designated contact person will coordinate the implementation, direction, and
administration of the City's alcohol and controlled substances policy. The contact person is the
principal contact for the collection site, the testing lab,the MRO, the BAT and the person tested.
The contact person will usually be the city administrator, but may be redesignated due to absence
or change in policy. Employees should contact their immediate supervisor or the city
administrator with questions or for additional information about this policy.
APPENDIX B
DEFINITIONS
Accident — An occurrence involving a commercial motor vehicle operating on a public road
which results in:
(1) A fatality;
(2) Bodily injury to a person who, as a result of the injury, immediately receives
medical treatment away from the scene of the accident;
(3) One or more motor vehicles incurring disabling damage as a result of the
accident, requiring the vehicle to be transported away from the scene by a tow
truck or other vehicle.
Alcohol — the intoxicating agent in a beverage alcohol, ethyl alcohol, or other low molecular
weight alcohols including methyl and isopropyl alcohol.
Alcohol Concentration (or content) — the alcohol in a volume of breath expressed in terms of
grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this
policy and federal regulations.
BAT (Breath Alcohol Technician) — an individual who instructs and assists individuals in the
alcohol testing process and operates an EBT.
Chain of Custody — procedures to account for the integrity of each urine specimen by tracking
its handling and storage from point of specimen collection to final disposition of the specimen.
Commercial Motor Vehicle — a motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property of the motor vehicle; and
(a) has gross combination rating of 26,000 or more pounds inclusive of a towed unit
with a gross vehicle weight rating of more than 10,000 pounds; or
Adopted: ? 2013 Page 14 of 19
(b) has a gross vehicle weight rating of 26,001 or more pounds; or
(c) is designed to transport 16 or more passengers, including the driver; or
(d) is of any size and is used in the transportation of materials found to be hazardous
for the purposes of the Hazardous Materials Transportation Act and which require
the motor vehicle to be placarded under the hazardous materials regulations set
forth under 49 C.F.R. part 172, subpart F.
(e) a commercial motor vehicle does not include a fire truck or other emergency fire
equipment.
Confirmation Test— for alcohol testing it means a second test, following a screening test with a
result of.02 or greater, that provides quantitative data of alcohol concentration. For controlled
substances testing, it means a second analytical procedure to identify the presence of a specific
drug. The test is a second analytical procedure to identify the presence of a specific drug or
metabolite which is independent of the screen test and which uses a different technique in
chemical principal from that of the screen test in order to insure reliability and accuracy. (Gas
chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for
cocaine,marijuana, opiates, amphetamines, and phencyclidine.)
Confirmatory Retest - For controlled substances it means a third analytical procedure to
reconfirm the presence of a specific drug. If the test result of the primary specimen is positive,
adulterated or a substituted specimen, the driver may request that the MRO direct the split
specimen be tested in any different DHHS-certified laboratory for presence of drug(s). (A
confirmatory retest is done at the request and expense of the employee.) The retest will be done
using the original specimen provided. The driver will not have the opportunity to provide
another specimen.
Consortium — an entity, including a group or association of employers or contractors, that
provides alcohol or controlled substance testing as required by federal regulation, or other
U.S.Department of Transportation alcohol or controlled substances testing rules, and that acts on
behalf of the employers.
Controlled Substance —any drug which is not legally obtainable or which is legally obtainable
but either has not been legally obtained or is misused. The term includes, but is not limited to,
marijuana, cocaine, stimulants, depressants, narcotics, hallucinogens, prescription drugs not
properly used according to physician directions, prescription drugs not being used for prescribed
purposes and prescription drugs procured by fraud.
Driver — any person who operates or maintains a commercial motor vehicle. This includes, but
is not limited to: full-time, regularly employed drivers; part-time and temporary drivers; leased
drivers and independent owner/operator contractors who are either directly employed by or under
lease to the employer or who operate a commercial motor vehicle at the direction of or with the
consent of the employer. For the purposes of pre-employment/pre-duty testing only, the term
Adop�ed: ? 2013 Page 15 of 19
driver includes a person applying to the City for employment to drive a commercial motor
vehicle.
EBT (Evidential Breath Testing Device) — an EBT approved by the National Highway Traffic
Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's
"Conforming Products list of Evidential Breath Measurement Devices."
FHWA.—The Federal Highway Administration.
MRO — Medical Review Officer. A licensed physician responsible for receiving laboratory
results generated by an employer's drug testing program who has knowledge of substance abuse
disorders and has appropriate medical training to interpret and evaluate a driver's confirmed
positive test result, adulterated test result, or substituted specimen test result together with
driver's medical history and any other relevant biomedical information.
Performing (a safety sensitive function) — a driver is considered to be performing a safety
sensitive function during any period in which the driver is actually performing, ready to perform,
or immediately available to perform, or in a state of readiness to perform any safety sensitive
function while on duty.
Reasonable Suspicion —means that the City believes the appearance, behavior, speech or body
odors of a driver are indicative of the use of a controlled substance or alcohol based on the
observation of at least one (1) supervisor or official who has received training in the
identification of behaviors indicative of drug and alcohol use.
Refuse to Submit(to an alcohol or a controlled substances test)—occurs when a driver:
(a) fails to provide adequate breath for testing without a valid medical explanation
after the driver has received notice of the requirement for breath testing in
accordance with the provisions of this policy,
(b) fails to provide adequate urine for controlled substances testing without valid
medical explanation after the driver has received notice of the requirement for
urine testing in accordance with the provisions of this policy and federal
regulation, or
(c) provides a confirmed adulterated or substituted specimen and fails to provide a
legitimate explanation to the MRO's satisfaction for the adulterated or substituted
specimen, or
(d) engages in conduct that clearly obstructs the testing process.
Safety-Sensitive Function—any of the following:
(a) All time at a carrier or shipper plant, terminal, facility, or other property, or on
any public property, waiting to be dispatched or in a state of readiness to drive
Adopted: ? 2013 Page 16 of 19
and/or maintain a commercial motor vehicle, unless the driver has been relieved
from duty by the City;
(b) All time inspecting equipment as required by federal regulations or otherwise
inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(c) All driving time which shall mean all time spent at the driving controls of a
commercial motor vehicle in operation;
(d) All time, other than driving time, in or upon any commercial motor vehicle except
time spent resting in a sleeper berth, which shall mean a berth conforming to the
requirements of federal regulations;
(e) All time loading or unloading a commercial motor vehicle, supervising, or
assisting in the loading or unloading, attending a commercial motor vehicle being
loaded or unloaded, remaining in readiness to operate the commercial motor
vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(fl All time spent performing the driver requirements of the federal statutes related to
accidents;
(g) All time repairing, obtaining assistance, or remaining in attendance upon a
disabled commercial motor vehicle.
Screening Test (also known as Initial Test) — in alcohol testing, it means an analytical
procedure to determine whether a driver may have a prohibited concentration of alcohol in his or
her system. In controlled substance testing, it means an immunoassay screen to eliminate
"negative"urine specimens from further consideration.
Substance Abuse Professional — a licensed physician (Medical Doctor or poctor of
Osteopathy), or a licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor (certified by the National Association of Alcoholism and
Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in
the diagnosis and treatment of alcohol and controlled substances-related disorders.
Adopted: ? 2013 Page 17 of 19
CITY OF SCANDIA
DRUG SCREENING ACKNOWLEDGEMENT
AND CONSENT FORM
The City Policy requires that any employee or job applicant complete this form before
undergoing a test for drug or alcohol use.
I, , voluntarily authorize the collection of my blood and/or urine in the such
a manner as this authorized testing laboratory deems appropriate for drug or alcohol testing
purposes. In addition, I authorize the City to receive the results of the test from the designated
laboratory analyzing the sample(s).
I have been given and have seen a copy of the Drug and Alcohol Policy of the City and consent
to be tested. I understand that the results of this testing may affect my employment status with
the City.
I understand that in order to ensure accuracy in this screening, I have the right to indicate �
and all of the prescription drugs or over-the-counter medications I have taken within the last
sixtv 60 davs, as well as any other information relevant to the reliability of, or explanation for, a
positive test result. I, therefore voluntarily provide that I am currently taking, or have taken
within the last 60 days, the following drugs/medications:
(Write "None" if applicable).
Signature ........................Date
Witness ...........................Date
Adopted: ? 2013 Page 18 of 19
CITY OF SCANDIA
DRUG SCREENING REFUSAL
I refuse to submit to a drug or alcohol test.
I have been given and have seen a copy of the Drug and Alcohol Policy of the City and
understand that a refusal to submit to testing may disqualify me from consideration for
employment or, if an employee, subject me to discipline including,but not limited to, discharge.
Signature: Date:
Witness: Date:
DATA PRIVACY NOTICE
The information collected pursuant to this Policy is to be used to determine your eligibility for
employment and the performance of certain safety sensitive functions. You are not required to
provide the information and submit to the tests,but your failure to do so will result in the City
not considering your application for employment,withdrawing a conditional job offer made, or
recommending that you be discharged from employment,whichever may apply. The results of
the tests performed will be private data and will not be released to other employers,
governmental agencies, or persons without the written consent of the employee tested, except as
provided by regulation and law or pursuant to a court order. Only those individuals with a
necessity to perform their functions under this Policy will have access to the test results.
Adopted: ? 2013 Page 19 of 19
CITY 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: [NOTE: The City will choose which types of testing to
incorporate into this policy- Choose any or all of the five bracketed testing types below]
Adopted: ? 2013 Page 1 of 10
fPre-Emplovment 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. [Note: The Minnesota Drug and Alcohol
Testing in the Workplace Act (DATWA) does not bar termination for reasons other than a
positive test resulz See Belde u Ferguso�i Enters., 460 F.3d 976 (8th Cir. Minn. 2006). Thus, a
City may terminate or withdraw an offer based on an adulterated sample]
[City may want to address temporary and seasonal employees as well: Temporary and seasonal
employees are not subject to this policy with the exception of those designated by the hiring
department as safety-sensitive positions. OR Temporary and seasonal employees are also subject
to this policy. May want to address when testing will be conducted for temporary and seasonal
rehires (perizaps require a new drug test if it's been at least oile year from the date of tlzeir last
drug screen).] Current policy allows for testing of seasonal and temporary employees if the
position they hold requires the use of a city vehicle.
IReasonable Susnicion 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
Adopted: ? 2013 Page 2 of 10
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
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.]
fTreatment Program Testin�. In accordance with Minn. Stat. § 181.951, subd. 6., the City may
request or require an employee to undergo drug and alcohol testing if the employee has been
referred by the City for chemical dependency treatment or evaluation, or is participating in a
chemical dependency treatment progam under an employee benefit plan. In such a case, the
employee may be requested or required to undergo drug or alcohol testing without prior notice
during the evaluation or treatment period and for a period of up to two years following
completion of any prescribed chemical dependency treatment program.]
[Routine Phvsical Examination Testin�. The City may request or require an employee to
undergo drug testing as part of a routine physical examination. The City, in accordance with
Minn. Stat. § 181.951, subd. 3, will request or require this type of testing no more than once
annually, and the employee will be provided with at least two weeks' written notice that the test
will be required as part of the physical examination.]
[Random Testin�. In accordance with Minn. Stat. § 181.951, subd. 4, the City may require an
employee to submit to random testing if the employee is in a safety-sensitive position.]
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.
Adopted: ? 2013 Page 3 of 10
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
influence of alcohol or drugs or having a detectable amount of an illegal drug in the blood or
urine [Note: the City should partner with its testing laboratory before establishing percentage
levelsJ 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.
Drivin� While Imuaired. 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
Adopted: ? 2013 Page 4 of 10
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
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 Citywill
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 andlor 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.
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.
Adopted: ? 2013 Page 5 of 10
➢ Ri�ht 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 Confirmatorv 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.
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 Snecimens. A negative or positive dilute test result (following a second collection)
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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.
Emplovees.
• 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
will be reinstated with back pay if the outcome of the requested confirmatory retest is
negative.
� Discipline and Discharge.
✓ Confirmatory Positive Test Resulz 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,
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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
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.
�CITY'S EMPLOYEE ASSISTANCE PROGRAM
The City has in place a formal employee assistance progam (EAP) to assist employees in
addressing serious personal or work-related problems at any time. The City's EAP provides
confidential, cost-free, short-term counseling to employees and their families. Employees who
may have an alcohol or other drug abuse problem are encouraged to seek assistance before a
problem affects their employment status. Employee assistance program services are available by
contacting [Company Name and Address or telephone at (XXX) XXX-X��XX.]] Should be
deleted if City does not offer EAP
POLICY CONTACT FOR ADDITIONAL INFORMATION
If you have any questions about this policy or the City's drug and alcohol testing procedures, you
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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
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. § 152.41, 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
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programs listed in Minn. Stat. § 181.953, subd.l, for the purpose of ineasuring 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 establishir�g cutoff levelsJ 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.
"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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