RES 2023-50 Adopting the Drug, Alcohol and Cannabis Testing and Drug-Free Workplace Act Policy for Non-Commercial DriversCITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2023-50
ADOPTING THE DRUG, ALCOHOL AND CANNABIS TESTING AND DRUG -FREE WORKPLACE ACT POLICY
FOR NON-COMMERCIAL DRIVERS
WHEREAS, the City previously adopted aDrug-Free Workplace policy on November 10, 2008; and
WHEREAS, the City has made certain revisions within the drug -free workplace policy; and
WHEREAS, the City Council has met to discuss and review the revised policy; and
WHEREAS, the City Council has determined that the revised policy shall be in force and effect upon the date of adoption of
this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA:
1. That the revised Drug, Alcohol and Cannabis Testing and Drug -Free Workplace Act Policy for Non -Commercial Drivers
(Non -DOT) as attached hereto is hereby adopted effective immediately.
2. That the Drug -Free Workplace Policy previously adopted on November 10, 2008 is no longer in force and effect.
ADOPTED by the Otsego City Council this 141h day of August, zuzn,
MOTION BY: Dunlap
SECONDED BY: Goede
IN FAVOR: S tocjraimp,
OPPOSED: None
Moores, Dahl,
Goede, Dunlap
2
CITY OF OTSEGO
ATTEST:
Audra Etzel, 61 y Clerk
Drug, Alcohol and Cannabis Testing and Drug -Free Workplace Act Policy for Non -Commercial
Drivers (Non -DOT) Policy
Adopted: August 14, 2023
I. PURPOSE AND OBJECTIVES
The city of Otsego ("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 Otsego does not intend to intrude into the private lives of its employees, but
strongly believes that a drug, alcohol and cannabis -free workplace is in the best interest of
employees and the public alike. Alcohol, drug, and cannabis 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 Otsego's Drug, Alcohol and Cannabis 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 a safety sensitive job.
II. PERSONS SUBJECT TO TESTING AND CIRCUMSTANCES UNDER WHICH TESTING MAY BE
REQUIRED
Under this policy, the city may test any applicant to who an offer of employment has been
made and may test employees for alcohol and/or drugs, including cannabis, under the following
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circumstances with a properly accredited or licensed testing laboratory, in accordance with
Minn. Stat. § 181.953, subd. 1.
1. Pre -Employment Testing:
Safety sensitive job applicants offered employment with the city receives the offer conditioned
upon successful completion of drug test, and/or an alcohol or cannabis test, if applicable,
among other conditions. The city will not request or require a job applicant to undergo
cannabis testing related to "lawful consumable products" pursuant to Minn. Stat. § 181.938,
including alcohol, cannabis, lower -potency hemp edibles, and hemp -derived consumer
products, except with respect to the categories of positions listed below in the definition of
"Drug" or if otherwise required by state or federal law. If the job offer is withdrawn based drug
test results, the city will inform the applicant of the reasons for the withdrawal. A failure of the
drug or other applicable test, a refusal to take the test, or failure to meet other conditions of
the offer will result in a withdrawal of the offer of employment even if the applicant's
provisional employment has begun. A negative or positive dilute test result (following a second
collection), which has been confirmed, will also result in immediate withdrawal of an offer of
employment to an applicant.
Temporary and seasonal employees are also subject to this policy. Returning safety sensitive
applicants in temporary or seasonal positions will be required to test if it has been more than
one year from their last drug screen.
2. Reasonable Suspicion Testing:
Consistent with Minn. Stat. § 181.951, subd. 3, employees will be subject to alcohol and/or drug
testing, including cannabis testing, when reasonable suspicion exists to believe that the
employee.
• Is under the influence of alcohol, drugs or cannabis; or
• Has violated written work rules prohibiting the use, possession, sale or transfer of drugs,
alcohol, or cannabis, 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 awork-related accident or was operating or helping to operate machinery,
equI
pment, or vehicles involved in awork-related accident.
Reasonable suspicion maybe based upon, but is not limited to, facts regarding appearance,
behavior, speech, breath, odor, possession, proximity to or use of alcohol, drugs or cannabis 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, drugs or cannabis 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
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site and be observed by the supervisor or designee. The medical facility or on -site collection
service will take the urine or blood sample and will forward the sample to an approved
laboratory for testing.
Pursuant to the requirements of the Drug - Free Workplace Act of 1988, all city employees, as a
condition of continued employment, will agree to abide by the terms of this policy and must
notify Human Resources or 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.
3. Right of Refusal:
Employees and job applicants have the right to refuse to submit to an alcohol, drug, or cannabis
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 tal<e a drug alcohol or cannabis test. In
such a case, the employee is subject to immediate termination of employment, and in the case
of an applicant, the job offer will be immediately withdrawn.
Refusal on Religious Grounds:
An employee or job applicant who, on religious grounds, refuses to undergo drug and/or
alcohol testing, including cannabis testing, of a blood sample will not be considered to have
refused testing, unless the employee or job applicant also refuses to undergo drug, alcohol, or
cannabis testing of a urine sample.
4. Cost of Required Testing:
The city will pay for the cost of all drug, alcohol or cannabis testing, requested or required of all
job applicants and employees, except for confirmatory retests. Job applicants and employees
are responsible for paying for all costs associated with any requested confirmatory retests.
III. PROHIBITION AGAINST DRUGS AND ALCOHOL
1. Use and Possession of Alcohol or Drug(s)4
Employees are prohibited from the use, possession, transfer, transportation, manufacture,
distribution, sale, purchase, solicitation to sell or purchase, or dispensation of alcohol, drugs,
including cannabis, or drug paraphernalia, while on duty; while on city premises; while
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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 drugs used as intended by the manufacturer; or (3) when necessary for
approved law enforcement activity.
Besides having azero-tolerance policy for the use or possession of alcohol, illegal drugs, or
misused prescription drugs on the worksite, we also prohibit the use, possession of, impairment
by any cannabis or medical cannabis products (e.g., hash oils, edibles or beverages containing
cannabinoids, or pills) on the worksite by a person working as an employee at the city or while
on call" and subject to return to work.
Having a medical marijuana card, patient registry number, and/or cannabis prescription from a
physician does not allow anyone to use, possess, or be impaired by that drug here. Likewise,
the fact that cannabis may be lawfully purchased and consumed does not permit anyone to
use, possess, or be impaired by them here. The federal government still classifies cannabis as
an illegal drug, even though some states, including Minnesota, have decriminalized its
possession and use. There is no acceptable concentration of marijuana metabolites in the blood
or urine of an employee who operates our equipment or vehicles or who is on one of our
worksites. Applicants and employees are still subject to being tested under our drug, alcohol
and cannabis testing policy.
Employees are subject to being disciplined, suspended, or terminated after testing positive for
cannabis if the employee used, possessed, or was impaired by cannabis, including medical
cannabis, while on the premises of the place of employment or during the hours of
employment.
2. While Impaired by Alcohol, Drugs or Cannabis:
Employees are prohibited from being under the influence of alcohol or drugs, including
cannabis, or having a detectable amount of an illegal drug in the blood or urine when reporting
for work; while on duty; whole 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 drug used
as intended by the manufacturer.
3. Driving While Impaired:
A conviction of driving while impaired in a city -owned vehicle at any time during business or
non -business hours, or in an employee -owned vehicle while conducting city business, may
result in discipline, up to and including discharge.
4. Criminal Drug Convictions:
Any employee convicted of any criminal drug statute must notify his or her supervisor and the
city's Human Resources Division in writing of such conviction no later than five days after such
conviction. Within 30 days after receiving notice from an employee of a drug -related
conviction, the city will take appropriate personnel action against the employee up to and
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including discharge or require the employee to satisfactorily participate in a drug abuse
assistance or rehabilitation program as an alternative to termination. In the event notice is not
provided to the supervisor and the employee is deemed to be incapable of working safely, the
employee will not be permitted to work and will be subject to disciplinary action, including
dismissal from employment. In accordance with the Federal Drug -Free Workplace Act of 1988,
if the city is receiving federal grants or contracts of over $25,000, the city will notify the
appropriate federal agency of such conviction within 10 days of receiving notice from the
employee.
5. Failure to Disclose Lawful Drugs:
Employees taking a lawful drug, including prescription and over-the-counter drugs or cannabis,
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.
IV. REVIEW AND NOTIFICATION OF TEST RESULTS
1. Notification of Negative Test Results:
In the case of job applicants and in accordance with Minn. Stat. § 181.953, Human Resources
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 Human Resources.
In the case of current employees and in accordance with Minn. Stat. § 181.953, Human
Resources will notify the employee of a negative drug and/or alcohol result within three days of
" receipt of result by the city. A Negative Test Results Notification" form will be sent to the
employee, and he or she may request a copy of the test result report from Human Resources,
2. Notification of Positive Test Results:
In the event of a confirmed positive blood or urine alcohol drug, or cannabis test result, the city
will notify the employee of a positive result within three days of receipt of the result. Human
Resources will send to the employee or job applicant a "Positive Test Results Notification" letter
containing further instructions. The employee or job applicant may contact Human Resources
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.
3. Right to Provide Information after Receiving Test Results:
Within three working days after notice of a positive drug, alcohol, or cannabis test result on a
confirmatory test, the employee or job applicant may submit information to the city to explain
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the positive result. In accordance with Minn. Stat. § 1819953/ 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.
4. Right to Confirmatory Retest:
A job applicant or employee may request a confirmatory retest of the original sample at the job
applicant's or employee's own expense after notice of a positive test result on a confirmatory
test. Within five working days after notice of the confirmatory test result, the job applicant or
employee must notify the city in writing of the job applicant's or employee's intention to obtain
a confirmatory retest. Within three working days after receipt of the notice, the city will notify
the original testing laboratory that the job applicant or employee has requested the laboratory
to conduct the confirmatory retest or transfer the sample to another qualified laboratory
licensed to conduct the confirmatory retest. The original testing laboratory will ensure the
control and custody procedures are followed during transfer of the sample to the other
laboratory. 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 drug and/or alcohol threshold detection levels as used in the original confirmatory
test.
In the case ofjob 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.
5. 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.
6. Dilute Specimens:
A negative or positive dilute test result (following a second collection) which has been
confirmed will subject an employee to immediate termination.
V. CONSEQUENCES FOR EMPLOYEES ENGAGING IN PROHIBITED CONDUCT
1. 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.
2. Employees.
• No Adverse Action without Confirmatory Test. The city will not discharge, discipline,
discriminate against, or request or require rehabilitation of an employee based on a
positive test result from an initial screening test that has not been verified by a
confirmatory test.
• Suspension Pending Test Result. The city may temporarily suspend a tested employee
with or without pay or transfer that employee to another position at the same rate of
pay pending the outcome of the requested confirmatory retest, provided the city
believes that it is reasonably necessary to protect the health or safety of the employee,
co -employees, or the public. The employee will be asked to return home and will be
provided appropriate arrangements for return transportation to his or her residence. In
accordance with Minn. Stat. § 181.953, subd. 10, an employee who has been suspended
without pay will be reinstated with back pay if the outcome of the requested
confirmatory retest is negative.
3. Discipline and Discharge:
A. Confirmatory Positive Test Result:
The city will not discharge an employee for a first confirmatory positive test unless the
following conditions have been met:
• 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
• The employee has either refused to participate in the counseling or rehabilitation
program or has failed to successfully complete the program, as evidenced by withdrawal
from the program before its completion or by a refusal to test or positive test result on a
confirmatory test after completion of the program.
B. 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.
C. 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, alcohol, or cannabis 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
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made. It is the sole responsibility of the employee who is under the influence of alcohol, drugs
or cannabis 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.
VI. Non -Discrimination
The city of Otsego policy on work -related substance abuse is non-discrnatory in intent and
application; however, in accordance with Minn. Stat., ch. 363, disability does not include
conditions resulting from alcohol or other drug or cannabis 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.
VII. City's Employee Assistance Program
The city has in place a formal employee assistance program (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, cannabis, 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 HealthPartners EAP (Call: 866-326-7194 or Text: 919-324-5523) or
Mutual of Omaha EAP (1-800-316-2796)
VIII. Policy Contact for Additional Information
If you have any questions about this policy or the city's drug, alcohol and cannabis testing
procedures, you may contact your immediate supervisor, Human Resources, or the City
Administrator to obtain additional information.
By this policy, the city of Otsego has established adrug-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.
IX. 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.
Cannabis: Means cannabis and its metabolites, including cannabis flower, cannabis products,
lower -potency hemp edibles, and hemp -derived consumer products.
Cannabis testing: Mean analysis of a body component sample according to the standards
established under one of the programs listed in Minn. Stat. § 181.953, subd.1, for the purpose
of measuring their presence or absence of cannabis in the sample tested.
City: Means the city of Otsego.
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 drugs and alcohol.
Confirmatory test: Means a drug, alcohol or cannabis test on a sample to substantiate the
results of a prior drug, alcohol test or cannabis 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: Includes any "controlled substance" as defined in Minn. Stat. § 152.01, subd. 4, and also
includes all cannabinoids, including those that are lawfully available for public consumption
that do not otherwise qualify as being a "controlled substance" as defined in Minn. Stat. §
152,01, subd. 4. Cannabis and its metabolites are considered a "drug" for positions in the
following categories, regardless of the kind of testing involved: safety sensitive positions; peace
officer positions; firefighter positions; positions requiring face-to-face care, training, education,
supervision, counseling or medical assistance to children, vulnerable adults or patients
receiving treatment, examination or emergency care for a medical, psychiatric or mental
condition; positions requiring a commercial driver's license or requiring the employee to
operate a motor vehicle for which state or federal law requires drug or alcohol testing;
positions funded by a federal grant; or other positions for which state or federal law requires
testing of a job applicant or employee.
Drug and/or alcohol testing, and drug and/or alcohol test: Mean analysis of a body component
sample according to the standards established under one of the programs listed in Minn. Stat. §
181.953, subd.l, for the purpose of measuring their presence or absence of drugs, alcohol, or
their metabolites in the sample tested. "Drug and alcohol testing," "drug or alcohol testing,"
and "drug or alcohol test" do not include cannabis or cannabis testing, unless stated otherwise.
Drug paraphernalia: Has the meaning set forth in Minn. Stat. § 152.01, subd. 18.
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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 and/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 of alcohol, drugs, cannabis 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.
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, alcohol, and/or cannabis usage would threaten the
health or safety of any person. Including positions where the applicant or employee would be
operating a city vehicle or machinery.
Under the influence: Means (1) the employee tests positive for alcohol drugs, or cannabis 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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