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employee's own expense or pursuant to the coverage under an employee benefit plan. <br />The certified chemical use counselor or physician trained in the diagnoses and treatment <br />of chemical dependency will determine if the employee has followed the rehabilitation <br />program as prescribed; and <br />• The employee has either refused to participate in the counseling or rehabilitation program <br />or has failed to successfully complete the program, as evidenced by withdrawal from the <br />program before its completion or by a refusal to test or positive test result on a <br />confirmatory test after completion of the program. <br />Other Misconduct: <br />Nothing in this policy limits the right of the City to discipline or dismiss an employee on grounds <br />other than a positive confirmatory test result, including conviction of any criminal drug statute <br />for a violation occurring in the workplace or violation of other City personnel policies. <br />Emergency Call Back to Work Provisions: <br />If an employee is called out for a City emergency and he or she reports to work and is suspected <br />of being under the influence of drugs or alcohol, he or she will not be subject to the testing <br />procedures of this policy but may be subject to discipline and will not be allowed to work. <br />Appropriate arrangements for return transportation to the employee's residence will be made. It <br />is the sole responsibility of the employee who is under the influence of alcohol and/or drugs and <br />who is called out for a city emergency, to notify his or her supervisor of this information and <br />advise if he or she is unable to respond to the emergency call back. <br />Non -Discrimination <br />The City of Lino Lakes policy on work -related substance abuse is non-discriminatory in intent <br />and application; however, in accordance with Minn. Stat., ch. 363, disability does not include <br />conditions resulting from alcohol or other drug abuse which prevents an employee from <br />performing the essential functions of the job in question or constitutes a direct threat to property <br />of the safety of individuals. <br />Furthermore, the City will not retaliate against any employee for asserting his or her rights under <br />this policy. <br />City's Employee Assistance Program <br />The City has in place a formal employee assistance program (EAP) to assist employees in <br />addressing serious personal or work -related problems at any time. The City's EAP provides <br />confidential, cost-free, short-term counseling to employees and their families. Employees who <br />may have an alcohol or other drug abuse problem are encouraged to seek assistance before a <br />problem affects their employment status. Employee assistance program services are available by <br />contacting Human Resources at hr&linolakes.us. <br />Policy Contact for Additional Information <br />If you have any questions about this policy or the City's drug and alcohol testing procedures, you <br />may contact your immediate supervisor, Human Resources, or the City Administrator to obtain <br />additional information. <br />aiv2ozz <br />Non -DOT Drug and Alcohol Testing and Drug -Free Workplace Act Policy Page 7 <br />