ITEM 1 Drug_Free Workplace PolicyCITY OF OTSEGO
DRUG-FREE WORKPLACE POLICY
Adopted by the City Council on November 10, 2008
Purpose
The City of Otsego recognizes that alcohol and drug abuse adversely affects an employee's job
performance and the kind of work he/she can perform, and may affect his/her opportunities for
continued employment. It is the intent of this document to provide employees with our policy
regarding the use of drugs and alcohol. The policy provides guidelines for consistent handling
throughout the City of alcohol and drug abuse occurrences.
The City does not intend to intrude upon the private lives of its employees. The City is concerned,
however, about the use of alcohol and/or drugs where such use adversely interferes with an employee's
job performance, adversely affects the job performance of other employees, endangers the employee,
the public or other staff, or is detrimental to the City's ability to provide consistent high quality
service.
Employees are expected and required to report to work on time and in appropriate mental and physical
condition for work. It is the City's intent and obligation to provide a drug- and alcohol -free, safe work
environment.
The use of alcohol or drugs may seriously affect an employee's performance. They may also endanger
the employee's health and safety as well as the safety of other employees. It is, therefore, appropriate
that guidelines be established for the control of alcohol and drugs as they pertain to the employee and
the employee's job with the City of Otsego.
This policy supplements, but does not replace, the Drug and Alcohol Testing Program required by the
Federal Highway Administration Rules and Regulations for employees who are required by the City to
hold a commercial driver's license.
H. Scone
This policy applies to:
a. all applicants for employment who are required to undergo a pre-employment physical; and
b. all full-time employees; and
C. all part-time employees.
The policy is applicable at all City facilities and whenever City employees are performing City
business.
M. Definitions
A. "Work Related Alcohol and Other Drug Abuse" is defined as the use of mood -altering drugs,
including all forms of alcohol, narcotics, depressants, stimulants, hallucinogens, marijuana, or the
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use of prescription drugs when resulting behavior or appearance adversely affects work
performance.
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B. "Adversely Affect Work Performance" and "Under the Influence" shall be determined to be
present if the employee is perceptively impaired, has impaired alertness, coordination, reactions,
responses, or efforts; if the employee's condition threatens the safety of himseWherself or others;
or if the employee's condition or behavior presents the appearance of unprofessional or
irresponsible conduct detrimental to the public's perception of the City as an employer as
determined by the supervisor or manager or other staff member observing the employee.
C. "Controlled Substances" means those substances whose distribution is controlled by regulation or
statute, including but not limited to: narcotics, depressants, stimulants, hallucinogens, and
marijuana.
D. "Mood -Altering" or "alter" means changed behavior which may limit an employee's ability to
safely and efficiently perform his/her job duties or which poses a threat to the safety of the
employee or others.
E. "Medical Review Officer" A licensed physician responsible for receiving laboratory results
generated by an employee drug testing program who has knowledge of substance abuse disorders
and has appropriate medical training to interpret and evaluate an individual's confirmed positive
test result together with his or her medical history and any other relevant biomedical information.
F. "Reasonable Suspicion" Th City believes the apr' b.ehavier speeeh of "edy odors 4`-.-.
b and aleahel use-. means a basis
for forming a belief based on specific facts and rational inferences drawn from those facts, _
"Substance Abuse Professional" A licensed physician 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.
IV. Non -Discrimination
The City recognizes that disabled individuals should be protected from discriminatory treatment.
Under Minnesota law, a disabled person is someone who has a medical or psychological condition that
materially impairs major life activities. However, in accordance with Minnesota law, disability does
not include any condition resulting from alcohol or other drug abuse which prevents a person from
performing essential functions of the job or which creates a direct threat to property or the safety of
individuals.
V. Prohibitions
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A. No employee shall report to work under the influence of alcohol, marijuana, controlled
substances or other drugs that affect his/her alertness, coordination, reaction, response, judgment,
decision-making, or safety.
B. When employees are taking medically authorized drugs or other substances, which may alter job
performance, the employees are under an affirmative duty to notify the appropriate supervisor of
his/her temporary inability to perform the job duties of his/her position or of any work-related
restrictions that apply.
Unless a mood -altering prescribed drug is taken strictly as prescribed by a licensed physician, it
may not be kept or taken on City premises, including parking lots, or in any City vehicle or any
vehicle being used for City business.
C. No employee shall unlawfully manufacture, distribute, dispense, possess, transfer, sell, purchase
or use a controlled substance in the workplace or wherever the City's work is being performed.
D. No employee shall operate, use, or drive any City equipment, machinery, or vehicle while under
the influence of alcohol, marijuana, controlled substances or other mood -altering drugs. Such
employee is under an affirmative duty to immediately notify his/her supervisor that he/she is not
in an appropriate mental or physical condition to operate, use, or drive the City's equipment.
E. The City shall notify the appropriate law enforcement agency when it has reasonable suspicion to
believe that an employee may have illegal drugs in his/her possession at work or on City
premises. When appropriate, the City shall also notify licensing boards.
F. Alcohol must not be kept or consumed in any City building, office, vehicle, or on City premises,
including parking lots. Exceptions for special events may be authorized by the City Council.
* Alcohol can be kept in an employee's personal vehicle consistent with state law, although
employees cannot consume alcohol in their vehicles or on City premises unless it is for an
approved function that allows alcohol.
G. Alcoholic beverages must not be consumed anywhere during work time, rest breaks, meal breaks,
or off-duty time if the employee is to work thereafter on the same workday. No employee who is
under the influence may work or report for work within 4 hours after using alcohol. In addition,
no employee shall report for work while having any measurable alcohol in his or her system.
VI. Consequences of Violations of this Policy
Violations of this policy may result in disciplinary action, up to and including termination, and may
have legal consequences. Possible discipline includes reprimands, suspensions and dismissals. Other
requirements may include required completion of an appropriate treatment or rehabilitation program.
Sanctions will reflect the particular violation and its severity and will take into account other relevant
factors including prior discipline, past violations of this or other City policies, and potential danger to
the employee, coworkers, and the public.
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The City recognizes that alcoholism and drug addiction may affect employees. The City urges
employees to voluntarily refer themselves for treatment. The City reserves the right to refer an
employee for drug or alcohol testing, at City expense, .. hei-e manageffient believes th
rimproper- aleahol or,].... use as defined by thi pall. as outlined below.
The employee has the right to have a second assessment opinion by a qualified professional at his/her
own expense, but this right will not delay any required drug or alcohol test.
VII. Alcohol and Drug Testing
A. In order to carry out the City's commitment to an alcohol and drug-free workplace, the City
reserves the right to require that applicants and employees submit to testing in accordance with
the provisions of Minn. Stat. §§ 181.950-181.957. This policy represents the notice required
under Minnesota Statute and will be provided to all applicants and employees who are requested
to undergo testing.
B. Types of Testing
Pre-employent - The City may require that all applicants, as identified by section II, who
have received conditional offers of employment be tested. If the conditional offer of
employment is subsequently withdrawn, the City will notify the applicant of the reason for
the withdrawal.
—2. Reasonable Suspicion Testing - The City may require an employee to be tested when there
is a reasonable suspicion that the employee:
a. is under the influence of drugs or alcohol;
b. has violated the City's policy prohibiting drug and alcohol use. possession. sale.
or transfer;
c. has sustained or caused another employee to sustain 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.
C. Conducting the Testing
Consent. All persons to be tested will be required to complete and sign the employee consent
form (Sample attached as Appendix A). Substance abuse testing will not be performed
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unless a signed consent is in the possession of the City. Employees' signatures on these
forms must be witnessed by a City supervisor.
Refusal to Participate. An employee or job applicant has the right to refuse testing. However, a
refusal of testing will be treated the same as a positive test and may result in withdrawal of
a job offer or disciplinary action up to and including termination of employment. See
section on "Disciplinary Action in Response to a Positive Test Result" below.
Refuse to Submit (to an alcohol or controlled substance test) includes:
A. Failure to provide adequate breath for testing without a valid medical
explanation after he or she has received notice of the requirement
for breath testing;
B. Failure to provide adequate urine for controlled substances testing without a
valid medical explanation he or she has received notice of the requirement for
urine testing; or
C. Engaging in conduct that clearly obstructs the testing process.
D. Not remaining readily available for testing.
3. Prompt Administration of Test. If an alcohol test required by this policy is not administered
within two (2) 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 the alcohol test required by this policy is not administered within eight (8)
hours following the determination of reasonable suspicion, all attempts to conduct the test
shall cease and the reasons for not administering the alcohol test shall be documented.
Location of Collection. The employee will be directed to the collection site and, in the case of
reasonable suspicion, will be transported. Employees who refuse to be transported to a
collection site will be considered to have refused the test.
The Laboratory. The laboratory selected to perform testing must be certified by the National
Institute on Drug Abuse (NIDA), the College ofAmerican Pathologists (CAP), or the New
York State Department of Health or otherwise meet state law requirements. Laboratories
that are not certified by NIDA must follow the chain of custody procedures established by
MN STATUTE 181.953, Subd. 5.
Test Results.
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Negative Tests [passed test]. Negative test results on an initial test will be provided in
writing to the City ithiR three ..,,
..'king days afteF the test ult. An employee
or job applicant will receive written notification of the +est -test result within three
working days after the City is notified of the result.
Positive Tests [failed tests]. A confirmatory test will be performed on all samples
with a positive test result on an initial test. Positive confirmatory test results will
be provided in writing to the City within !hre, • ^•long5 days of a epfimlat
lest. An employee or job applicant will be sent written notification of a
confirmatory test result within three working days after the City is notified of the
result.
In the case of a positive test result on a confirmatory test, the tested individual
may explain the result to the medical review officer within three working days
after notice of the test result.
An employee may request a confirmatory retest of the original sample at the
individual's own expense. If a confirmatory retest is requested, the individual
must notify the City in writing, within five working days after notice of the
confirmatory test result, of his or her intention to obtain a retest.
Right to Test Result. An employee or job applicant has the right to request and
receive from the City a copy of the test result report on any drug or alcohol test.
D. Costs. Costs related to alcohol and drug testing will be paid by the City, with the exception of
confirmatory retests, which must be paid for by the employee or j ob applicant requesting the
retest.
E. Disciplinary Action in Response to a Positive Test Result
Interim Disciplinary Action: The City reserves the right to transfer an employee with a
positive test to another position at the same rate of pay or to temporarily suspend the
employee, without pay, pending the outcome of the confirmatory test (and, if requested, the
confirmatory re -test) if the City believes that it is reasonably necessary to do so to protect
the health, safety and welfare of the employee, coworkers or the public.
An employee who is suspended without pay will be reinstated with back pay and no loss of
benefits if the confirmatory test or re -test is negative.
In the case of job applicants, a positive initial test result must be verified by a confirmatory
test before a conditional offer of employment will be withdrawn.
2. First Failed Test -- Discharge: The City will not discharge an employee solely because of a first
positive on a confirmatory test when the positive confirmatory test was the first such result.
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The City may, however, discharge an employee for whom a positive confirmatory test is the
first such result, where the employee is given an opportunity to participate in (at the
employee's expense or pursuant to coverage under an employee's benefit plan) a drug or
alcohol counseling or rehabilitation program and the employee has either refused to
participate in the counseling or rehabilitation program or has failed to successfully complete
it. The City reserves the right to take any other disciplinary action short of discharge which
it deems warranted in the event of an employee's first positive confirmatory test result.
The type of counseling or rehabilitation program in which an employee participates must be
approved by a certified chemical -use counselor or physician trained in the diagnosis and
treatment of chemical dependency. The cost of the initial referral for evaluation, if not
covered by the employee's medical coverage, will be paid by the City.
The cost of any further evaluations, and treatment, not covered by the employee's medical
coverage, will be paid for by the employee.
3. Second Failed Test: The City Administrator may recommend discharge of an employee to the
City Council when an employee tests positive on a confirmatory test and has previously had
a positive confirmatory test result.
Privacy of Test Results
Test results and other information acquired as a result of the testing program are private aR
confide— data on individuals as defined by Chapter 13 of the Minnesota Statutes. inferrrra_
tier} -and will not be disclosed by the City or the test laboratory to another employee or to
third party individuals, government agencies, or private organizations without written
consent of the employee or applicant being tested, unless required by law. This information
will only be shared with those having the need to know.
Evidence of a positive test result on a confirmatory test may be used in an arbitration
proceeding, an administrative hearing, or a judicial proceeding, provided the information is
relevant to the hearing or proceeding. Such evidence may also be disclosed to any federal
agency or other unit of the United States government as required under federal law,
regulation, or order. Evidence of a positive test result on a confirmatory test may also be
disclosed to a substance abuse treatment facility car previder for the purpose of evaluation or
treatment, with the consent of the employee.
Upon request, the City will provide an employee with access to information maintained by
the City about that employee relating to positive test result reports and other information
acquired in the testing process as well as conclusions drawn from or actions taken based
upon such information.
Employees who are referred to treatment are expected to meet regular job requirements and
to maintain satisfactory performance standards upon completion of the treatment program.
Seeing a physician or minister does not mitigate the need for disciplinary action, where
disciplinary action has been determined to be appropriate by management.
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Employees must, as a condition of employment, abide by the terms of this policy and report
any conviction under a criminal drug statute for violations occurring on City premises or
while conducting City business or where the conviction may be relevant to their job
responsibilities. A report of a conviction must be made within five (5) days after the
conviction.
APPENDIX A
ACKNOWLEDGMENT AND INFORMATION FORM
TO BE PROVIDED BEFORE REQUESTING TESTING
I acknowledge that I have been provided with a written copy of the City of Otsego Drug-free
Workplace policy.
I have read this policy and understand its contents. I understand what conduct is prohibited by
the policy and the consequences of engaging in prohibited conduct. I understand my rights
under the policy, the consequences if I exercise those rights, and that certain events as
described in the policy may result in negative personnel decisions including discipline,
termination, or the withdrawal of a conditional offer of employment.
I hereby voluntarily consent to submit to testing for alcohol or drugs including submitting necessary
urine and/or blood samples. I further voluntarily consent that the entity selected by City may conduct
testing on the sample provided by me and may disclose to the City test result data.
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Date
Signature of Individual to be Tested
Printed Name of Individual to be Tested
Signature of Designated Authority at City
(All supervisors are authorized to sign here)
Upon Completion, please return this form to the Finance Departnent.
U474%, 18TAMMMIMU Wi'
I have read and understand the terms of the City's Drug -Free Workplace Policy. I have been given the
opportunity to ask any questions that I had regarding this policy.
Employee Name (Please Print)
Employee Signature Date
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Upon completion, please return this form to the Finance Deparhnent.
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