HomeMy WebLinkAboutResolution - 95-215 - Alcohol and Controlled Substances Testing Policy - 12/19/1995 i
RESOLUTION NO. S 5 - 2 1 5
CITY OF EDEN PRAIM
DRUG and ALCOHOL
TESTING POLICY
RESOLUTION NO. 8 5 — 21 cJ
City of Eden Prairie
Drug and Alcohol Testing Policy
I. STANDARD
Purpose: Employees are expected and required to report to work on time and in
appropriate mental and physical condition.
The City of Eden Prairie has conferred with the International Union of Operating
Engineers representatives and the Eden Prairie Police Department in formulating a policy
concerning drugs and alcohol affecting the workplace. This policy establishes standards
concerning drugs and alcohol which all city employee's must meet,and it also establishes
a testing procedure to ensure that those standards are met.
The drug and alcohol testing policy of the City of Eden Prairie will conform to the
requirements of state law as set forth in Minnesota State Statutes Section 181.950 -
181.957 and the Federal Drug Free Workplace Act of 1988.
An employee's actions may constitute both a violation of this policy and a violation of
criminal laws or other laws and policies. This policy,however,is not designed to identify
all activities which might violate such other laws and policies or the procedures to be
employed in the event that such other laws and policies are violated.
H. DEFINITIONS
A. Alcohol means ETHYL alcohol.
B. Drug means a controlled substance as defined in Minnesota State Statutes Section
152.01, subdivision 4.
C. Confirmatory test and Confirmatory retest mean a drug or alcohol test that uses a
method of analysis allowed under one of the programs listed in Minnesota State
Statutes Section 181.953, subdivision 1.
D. Drug and alcohol testing, drug or alcohol testing, and drug or alcohol test mean
analysis of body component samples according to the standards established under
one of the programs listed in Minnesota State Statutes Section 181.953,
subdivision 1,for the purpose of measuring the presence or absence of drugs,
alcohol or their metabolites in the sample tested.
E. Drug_paraphernalia has the meaning set forth in Minnesota Statutes Section
152.01, Subd. 18.
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F. Employ means a person,independent contractor or person working for an
independent contractor who performs services for compensation, in whatever
form,for the City of Eden Prairie. Employee shall also mean a volunteer
firefighter who provides services to the City of Eden Prairie.
G. Employer means the City of Eden Prairie acting through its city manager or a
designee of the city manager.
H. Initial Screening Test means a drug or alcohol test which uses a method of
analysis under one of the programs listed in Minnesota State Statutes Section
181.953, subdivision 1.
I. Job Applicant means a person,independent contractor, or person working for an
independent contractor who applies to become an employee of the City of Eden
Prairie, and includes a person who has received a job offer made contingent on the
person passing drug or alcohol testing.
J. Positive Test Results means a finding of the presence of drugs,alcohol, or their
metabolites in the sample tested in levels at or above the threshold detection levels
contained in the standards of one of the programs listed in Minnesota State
Statutes Section 181.953, subdivision 1.
K. Reasonable suspicion means a basis for forming a belief based on specific facts
and rational inferences drawn from those facts.
L. SafM 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.
M. Special Duty Assignment means any police personnel assigned to the Special
Investigations Unit(S".
N. Under the influence means impairment do to drugs or alcohol or having the
presence of a drug or alcohol at or above the level of a positive test result.
III. PROCEDURES
A. Under the influence: No employee shall be under the influence of any drug or
alcohol while the employee is working or while the employee is on the employer's
premises or operating the employer's vehicle,machinery, or equipment, except to
the extent authorized by a valid medical prescription and to the extent the
employee's ability to safely perform the employee's duties is not adversely
affected.
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B. Use,Possession,Manufacture,Distribution,Dispensation, Sale or Transfer: No
employee shall use,possess,manufacture, distribute, dispense, sell or transfer
drugs, alcohol or drug paraphernalia,while the employee is working or while the
employee is on the employer's premises or operating the employer's vehicle,
machinery or equipment, except pursuant to a valid medical prescription and to
the extent that the employee's ability to safely perform the employee's duties is not
adversely affected. This paragraph does not apply to an employee who is engaged
in a law enforcement activity which has received prior approval of the Chief of
Police(or designee)and which requires the employee to possess,manufacture,
distribute, dispense, sell or transfer drugs, alcohol, drug paraphernalia or consume
alcohol. In addition,this does not apply to Police Personnel transporting or
storing contraband or evidence within the normal scope and course of their
employment. Liquor store employees are permitted to sell alcoholic beverages at
work.
C. Notification of convictions: An employee shall notify the employer in writing of
any criminal drug statute conviction for a violation occurring in the work place no
later than five(5) days after such conviction. The City of Eden Prairie shall notify
the appropriate federal agency of such conviction within ten(10) days of receiving
notice of the conviction. Employees who drive for work purposes must notify the
employer if they lose there Drivers License.
D. Employee Assistance Program: The City provides an employee assistance
program to aid and assist City employees who are in need of or have been referred
for drug and alcohol counseling and rehabilitation. Employees are encouraged to
utilize the services of the employee assistance program.
E. Testing Permitted: No person will be tested for drugs or alcohol under this policy
without the person's consent. The employer may request or require a job applicant
or employee to undergo drug or alcohol testing only under the circumstances
described in this policy:
1. Job Applicants: Job applicants for safety-sensitive positions may be
requested or required to undergo drug or alcohol testing provided a
conditional job offer has been made to the job applicant and the same test
is requested or required of all job applicants conditionally offered
employment for that position. If the job offer is withdrawn,as provided
in Minnesota State Statutes Section 181.953, subdivision 11,the City of
Eden Prairie shall inform the job applicant of the reason for its action.
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2. Reasonable Suspicion Testing_ The employer may request or require an
employee to undergo drug and alcohol testing if there is a reasonable
suspicion that the employee:
a. Is under the influence of drugs or alcohol while the employee is
working or while the employee is on the employer's premises or
operating the employer's vehicle,machinery or equipment; or
b. Used,possessed, sold or transferred drugs or alcohol while the
employee was working or while the employee was on the
employer's premises or operating the employer's vehicle,
machinery or equipment. This paragraph does not apply to an
employee who is engaged in a law enforcement activity which has
recieved prior approval fo the Chief of Police(or designee) and
which requires the employee to posses,manufacture, distribute,
dispense, sell or transfer drugs, alsohol, or consume alcohol. In
addition,this does not apply to police personnel transporting or
storing contraband or evidence within the normal scope and course
of their employment. Nor does this paragraph apply to liquor store
employees selling alcoholic beverages in the normal course and
scope of their duties; or
C. Has sustained a personal injury as that term is defined in
Minnesota State Statutes Section 176.011, subdivision 16, or has
caused another employee to die or sustain a personal injury; or
d. Has caused a work related accident or was operating or helping to
operate machinery, equipment, or vehicles involved in a work
related accident resulting in property damage.
3. Special Da Assignments: Members of the Police Department Special
Investigations Unit, as a condition of their assignment to the unit, are
subject to drug and alcohol testing. Members are subject to random
testing while on duty(not to exceed twice per calendar year)for the
purpose of testing their judgement,fitness and readiness for duty.
4. Other testing: The employer may permit an employee who has requested a
drug and alcohol test to undergo testing in accordance with the procedures
established by this policy. It is highly recommended that the employee
request a test following the discharge of a firearm for reasons other than:
1. on a target range; or
2. while conducting authorized ballistics tests; or
3. as authorized by the City of Eden Prairie Police Department
concerning dangerous or suffering animals.
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F. Refusal To Undergo Testing
1. Job Applicants: If a job applicant refuses to undergo drug or alcohol
testing requested or required by the employer,no such test shall be given,
and the job applicant shall be deemed to have withdrawn the application
for employment.
2. Employees: If an employee refuses to undergo drug or alcohol testing
requested or required by the employer,no such test shall be given, and the
employee's department head may recommend to the city manager that the
employee be discharged from employment.
G. Procedure for Testing:
1. Notification Form: Before requesting an employee or job applicant to
undergo drug or alcohol testing,the employer shall provide the individual
with a form on which to:
a. Acknowledge that the individual has seen a copy of the employer's
drug and alcohol testing policy, and
b. Indicate any over-the-counter or prescription medications that the
individual is currently taking or has recently taken and any other
information relevant to the reliability of, or the explanation for, a
positive test result, and
C. Indicate consent to undergo the drug and alcohol testing.
2. Test Sample: The test sample shall be obtained in a private setting, and
the procedures for taking the sample shall ensure privacy to the employees
and job applicant to the extent practicable, consistent with preventing
tampering with the sample, and may include a witness, and shall conform
with applicable rules of the commissioner. No test sample shall be taken
on the employer's premises and the test sample shall not be taken by City
of Eden Prairie employees. Employees will be driven to collecting point.
3. Identification of Samples: Each sample shall be sealed into a suitable
container free of any contamination that could affect test results. The
sample shall be identified for processing by the licensed testing laboratory.
4. Chain of custody: The City shall use a collection facility and a testing
laboratory which have established reliable chain-of-custody procedures to
ensure proper recordkeeping,handling, labeling, and identification of the
samples to be tested. The procedures must require the following:
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a. possession of a sample must be traceable to the employee from
whom the sample is collected,from the time the sample is
collected through the time the sample is delivered to the laboratory;
b. the sample must always be in the possession of,must always be in
view of, or must be placed in a secured area by a person authorized
to handle the sample;
C. a sample must be accompanied by a written chain-of-custody
record; and
d. individuals relinquishing or accepting possession of the sample
must record the time the possession of the sample was transferred
and must sign and date the chain-of-custody record at the time of
transfer.
5. Laboratory: The City shall use the services of a testing laboratory that
meets the criteria for drug and alcohol testing listed in Minnesota State
Statutes Section 181.953 Subd. 1.
6. Methods of Analysis: The testing laboratory shall use methods of analysis
and procedures to ensure reliable drug and alcohol testing results,
including standards for initial screening tests and confirmatory tests.
7. Retention and Storage: A laboratory shall retain and properly store for at
least six(6)months all samples that produced a positive result.
8. Test Report: A testing laboratory shall conduct a confirmatory test on all
samples that produced a positive test result on an initial screening test. A
laboratory shall disclose to the employer a written test result report for
each sample tested within three working days after a negative test result on
an initial screening test or,when the initial screening test produced a
positive test result,within three working days after a confirmatory test. A
test report must indicate the drugs, alcohol, or drug or alcohol metabolites
tested for and whether the test produced negative or positive test results.
9. Notice of Test Results: Within three(3)working days after the receipt of
the test results report from the testing laboratory,the employer shall
inform the employee or job applicant,who has undergone drug and
alcohol testing, in writing of a negative test result on an initial screening
test or of a negative or positive test result on a confirmatory test. The
employer shall also inform the employee or job applicant of the following
rights pursuant to Minnesota State Statutes Section 181.953, Subd. 8:
a. The right to request and receive from the employer a copy of the
test result report.
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b. The right to request within five(5)working days after notice of a
positive test result a confirmatory retest of the original sample at
the employee's or job applicant's own expense. If a confirmatory
test is conducted in accordance with the rules adopted by the
commissioner and a licensed laboratory, and the confirmatory
retest does not result in a positive test result,the department shall
reimburse the employee or job applicant the actual cost of the
confirmatory retest in an amount not to exceed$100.
C. The right to submit information to the employer within three(3)
working days after a notice of a positive test result to explain that
result.
d. The right of an employee for whom a positive test result on a
confirmatory test was the first such result on a drug or alcohol test
requested by the employer to not be discharged unless the
employer has first given the employee an opportunity to participate
in either a drug or alcohol counseling or rehabilitation program.
Participation in a counseling or rehabilitation program pursuant
IV.(2)(a)will be at the employee's own expense or pursuant to
coverage under an employee benefit plan. The employer may
determine which type of program is more appropriate for the
employee after consultation with a certified chemical abuse
counselor or a physician trained in the diagnosis and treatment of
chemical dependency. The employee may be discharged if they
either refuse to participate in the counseling or rehabilitation
program, or fail to successfully complete the program. Withdrawal
from the program before its completion or a positive test result on
a confirmatory test after completion of the program will be
considered evidence that the employee has failed to successfully
complete the program.
e. If the employee has been suspended,the right to be reinstated with
back pay if the outcome of the confirmatory or requested
confirmatory retest is negative.
f. The right not to be discharged, disciplined, discriminated against,
or required to be rehabilitated on the basis of medical history
information revealed to the employer concerning the reliability of,
or explanation for, a positive test result unless the employee or job
applicant is under an affirmative duty to provide information
before,upon, or after hire.
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g. An employee must be given access to information in the
employee's personnel file relating to positive test result reports and
other information acquired in the drug and alcohol testing process
and conclusions drawn from and actions taken based on the reports
or other acquired information.
h. The right of an employee or job applicant,who has received a
conditional offer of employment made contingent on the applicant
passing drug and alcohol testing,to not have the offer withdrawn
based on a positive test result from an initial screening test that has
not been verified by a confirmatory test.
IV. RESPONSIBILITIES AFTER TEST
A. Job Applicants: The employer may not withdraw a conditional offer of
employment made contingent on the job applicant passing drug and alcohol
testing based on a positive test result from an initial screening test that has not
been verified by a confirmatory test. Where there has been a positive test result in
a confirmatory test and in any confirmatory retest,the employer may withdraw
the conditional offer of employment.
B. Employees: The employer will not discharge, discipline, discriminate against,
request or require rehabilitation of an employee solely on the basis of a positive
test result from an initial screening test that has not been verified by a
confirmatory test. Where there has been a positive test result in a confirmatory
test and in any confirmatory retest,the employer may do the following:
1. First Positive Test Result: Give the employee an opportunity to participate
in either a drug or alcohol counseling or rehabilitation program,whichever
is more appropriate. The employer,through its employee assistance
program may determine which program is more appropriate after
consultation with a certified chemical abuse counselor or a physician
trained in the diagnosis and treatment of chemical dependency.
Participation in a counseling or rehabilitation program will be at the
employee's own expense or pursuant to coverage under an employee
benefit plan. If the employee either refuses to participate in the counseling
or rehabilitation program or fails to successfully complete the program, as
evidenced by withdrawal from the program before its completion or has a
positive test result on a confirmatory test after completion of the program,
the employee's department head may recommend to the city manager that
the employee be disciplined;including but not limited to discharge from
employment.
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2. Second Positive Test Result: If the employee has a second positive test
result on a confirmatory test the employee's department head may
recommend to the city manager that the employee be disciplined;
including,but not limited to discharge from employment.
C. Suspensions and Transfers: The employer may temporarily suspend the tested
employee or transfer that employee to another position at the same rate of pay
pending the outcome of the comfirmatory test and,if requested,the confirmatory
retest,provided the employer believes that it is reasonably necessary to protect the
health or safety of the employee, co-employees, or the public. An employee who
has been suspended without pay must be reinstated with back pay if the outcome
of the confirmatory test or requested confirmatory retest is negative.
D. Other Misconduct: Notwithstanding any other provision herein, an employee may
be disciplined or discharged from employment for conduct which is a violation of
city personnel rules,policies and procedures even though the conduct also
included a violation of this policy.
E. Disclosure: The employer will not disclose the test result reports and other
information acquired in the drug or alcohol testing process to another employer, a
third party individual, a government agency, or a private organization without the
written consent of the employee or job applicant tested,unless permitted by law or
court order.Notwithstanding the preceding,Evidence of a positive test result on a
confirmatory test may be: (1) used in an arbitration proceeding pursuant to a
collective bargaining agreement, an administrative hearing under Minnesota
Statutes chapter 43A or other applicable state or local law, or a judicial
proceeding,provided that information is relevant to the hearing or proceeding; (2)
disclosed to any federal agency or other unit of the United States government as
required under federal law,regulation, or order, or in accordance with compliance
requirements of a federal government contract; and(3)disclosed to a substance
abuse treatment facility for the purpose of evaluation or treatment of the
employee.
F. Written Explanation: An employee or job applicant has the right to offer the
employer a written explanation of a positive test result on a confirmatory retest
within three(3)working days after notice of the positive test result, and has a
right to request within five(5)working days after notice of a positive test result a
confirmatory retest of the original sample at another licensed testing laboratory at
the employee's or job applicant's own expense.
G. Copy of Test Result: An employee or job applicant has the right to request and
receive from the employer a copy of the test result report.
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H. Discipline: Concerning disciplinary actions taken pursuant to this drug and
alcohol testing policy, available appeal procedures are as follows:
1. Job applicants or temporary employees as defined in the City of Eden
Prairie personnel policy shall have no right of appeal.
2. Non-veterans who have not completed the probationary period have no
right of appeal.
3. A regular employee,who has completed the probationary period and who
is not a veteran,has a right to appeal to the city manager no later than
fifteen(15)calendar days after the action, or the employee may utilize the
City's grievance procedure or the Grievance Procedure outlined in the
applicable collective bargaining agreement.
4. An employee who is a veteran may have additional rights under the
Veterans Preference Act, Minnesota State Statutes Section 197.46.
5. All notices of appeal not covered under a collective bargaining agreement
must be submitted in writing to the city manager.
6. An employee who is covered by a collective bargaining agreement may
elect to seek relief under the terms of that agreement by contacting the
appropriate union and initiating grievance procedures in lieu of taking an
appeal to the city manager.
I. Drug Free Workplace: The City of Eden Prairie will make a continuing good faith
effort to maintain a drug free workplace through the implementation of its' drug
and alcohol testing policy.
ADOPTED by the Eden Prairie City Council on the 19th day of December, 1995.
Jeanis,Mayor
ATTEST:
Jo .—FraWe, City Clerk
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