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1/13/2020 <br />Non-DOT Drug and Alcohol Testing Policy Page 3 <br />with at least two weeks’ written notice that the test will be required as part of the physical <br />examination. <br /> <br />(5) Random Testing: <br />In accordance with Minn. Stat. § 181.951, subd. 4, the City may require an employee to submit <br />to random testing if the employee is in a safety-sensitive position. <br /> <br />Right of Refusal: <br />Employees and job applicants have the right to refuse to submit to an alcohol or drug test under <br />this policy. However, such a refusal will subject an employee to immediate termination. If an <br />applicant refuses to submit to applicant testing, any conditional offer of employment will be <br />withdrawn. <br /> <br />Any intentional act or omission by the employee or applicant that prevents the completion of the <br />testing process constitutes a refusal to test. <br /> <br />An applicant or employee who substitutes, or attempts to substitute, or alters, or attempts to alter <br />a testing sample is considered to have refused to take a drug and/or alcohol test. In such a case, <br />the employee is subject to immediate termination of employment, and in the case of an applicant, <br />the job offer will be immediately withdrawn. <br /> <br />Refusal on Religious Grounds: <br />An employee or job applicant who, on religious grounds, refuses to undergo drug or alcohol <br />testing of a blood sample will not be considered to have refused testing, unless the employee or <br />job applicant also refuses to undergo drug or alcohol testing of a urine sample. <br /> <br />Cost of Required Testing: <br />The City will pay for the cost of all drug and alcohol testing requested or required of all job <br />applicants and employees, with the exception of confirmatory retests. Job applicants and <br />employees are responsible for paying for all costs associated with any requested confirmatory <br />retests. <br /> <br />Prohibition against Controlled Substance and Alcohol <br />Use and Possession of Alcohol or Drug(s): <br />Employees are prohibited from the use, possession, transfer, transportation, manufacture, <br />distribution, sale, purchase, solicitation to sell or purchase, or dispensation of alcohol, drugs, or <br />drug paraphernalia while on duty; is on City premises; while operating any City vehicle, <br />machinery, or equipment; or when performing any city business, except (1) pursuant to a valid <br />medical prescription used as properly instructed; (2) the use of over-the-counter controlled <br />substance used as intended by the manufacturer; or (3) when necessary for approved law <br />enforcement activity. <br /> <br />Besides having a zero-tolerance policy for the use or possession of alcohol, illegal drugs, or <br />misused prescription drugs on the worksite, we also prohibit the use, possession of, impairment <br />by any cannabis or medical cannabis products (e.g., hash oils or pills) on the worksite by a <br />person working as an employee at the City or while “on call” and subject to return to work.