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48 <br /> <br />Every job applicant offered employment with the City receives the offer conditioned upon <br />successful completion of an alcohol and/or drug test, or cannabis test, if applicable, among <br />other conditions. The city will not request or require a job applicant to undergo cannabis testing <br />related to “lawful consumable products” pursuant to Minn. Stat. § 181.938, including alcohol, <br />cannabis, lower-potency hemp edibles, and hemp-derived consumer products, except with <br />respect to the categories of positions listed below in the definition of “Drug” or if otherwise <br />required by state or federal law. If the job offer is withdrawn based on alcohol and/or drug test <br />results, the City will inform the applicant of the reasons for the withdrawal. A failure of the <br />alcohol and/or drug test, a refusal to take the test, or failure to meet other conditions of the <br />offer will result in a withdrawal of the offer of employment even if the applicant’s provisional <br />employment has begun. A negative or positive dilute test result (following a second collection), <br />which has been confirmed, will also result in immediate withdrawal of an offer of employment <br />to an applicant. <br /> <br />Part-time, temporary and seasonal employees are not subject to this policy except for those <br />designated by the hiring department as safety-sensitive positions. <br /> <br />(2) Reasonable Suspicion Testing: <br />Consistent with Minn. Stat. § 181.951, subd. 35, employees will be subject to alcohol and/or <br />drug testing, including cannabis testing when reasonable suspicion exists to believe that the <br />employee: <br />• Is under the influence of alcohol or a drugs, or cannabis; or <br />• Has violated written work rules prohibiting the use, possession, sale or transfer of drugs <br />or alcohol, or cannabis, while working, while on city property, or while operating city <br />vehicles, machinery or any other type of equipment; or <br />• Has sustained a personal injury as defined in Minn. Stat. § 176.011, subd. 16 or has <br />caused another employee to sustain an injury or; <br />• Has caused a work-related accident or was operating or helping to operate machinery, <br />equipment, or vehicles involved in a work-related accident. <br /> <br />Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance, <br />behavior, speech, breath, odor, possession, proximity to or use of alcohol or drugs or containers <br />or paraphernalia, poor safety record, excessive absenteeism, impairment of job performance, <br />or any other circumstances that would cause a reasonable employer to believe that a violation <br />of the City’s policies concerning alcohol, or drugs or cannabis may have occurred. These <br />observations will be reflected in writing on a Reasonable Suspicion Record Form. <br /> <br />For off-site collection, employees will be driven to the employer-approved medical facility by <br />their supervisor or a designee. For an on-site collection service, the employee will remain on <br />site and be observed by the supervisor or designee. The medical facility or on-site collection <br />service will take the urine or blood sample and will forward the sample to an approved <br />laboratory for testing. <br /> <br />90