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49 <br /> <br />Pursuant to the requirements of the Drug-Free Workplace Act of 1988, all city employees, as a <br />condition of continued employment, will agree to abide by the terms of this policy and must <br />notify Human Resources of any criminal drug statute conviction for a violation occurring in the <br />workplace not later than five days after such conviction. If required by law or government <br />contract, the City will notify the appropriate federal agency of such conviction within 10 days of <br />receiving notice from the employee. <br /> <br />(3) Treatment Program Testing: <br />In accordance with Minn. Stat. § 181.951, subd. 6., the City may request or require an <br />employee to undergo drug, and alcohol or cannabis testing if the employee has been referred <br />by the City for chemical dependency treatment or evaluation or is participating in a chemical <br />dependency treatment program under an employee benefit plan. In such a case, the employee <br />may be requested or required to undergo drug or alcohol testing, including cannabis testing, <br />without prior notice during the evaluation or treatment period and for a period of up to two <br />years following completion of any prescribed chemical dependency treatment program. <br /> <br />(4) Routine Physical Examination Testing: <br />The City may request or require an employee to undergo drug and/or alcohol testing —but not <br />cannabis testing, except for the categories of positions listed above for which cannabis is <br />considered a drug or unless otherwise required by state of federal law – as part of a routine <br />physical examination. The City, in accordance with Minn. Stat. § 181.951, subd. 3, will request <br />or require this type of testing no more than once annually, and the employee will be provided <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 drug, alcohol, and cannabis testing, if the employee is in a safety-sensitive position. <br /> <br /> <br /> <br />Right of Refusal: <br />Employees and job applicants have the right to refuse to submit to an alcohol, and/or drug or <br />cannabis test under this policy. However, such a refusal will subject an employee to immediate <br />termination. If an applicant refuses to submit to applicant testing, any conditional offer of <br />employment will be withdrawn. <br /> <br />Any intentional act or omission by the employee or applicant that prevents the completion of <br />the testing process constitutes a refusal to test. <br /> <br />An applicant or employee who substitutes, or attempts to substitute, or alters, or attempts to <br />alter a testing sample is considered to have refused to take a drug, and/or alcohol or cannabis <br />test. In such a case, the employee is subject to immediate termination of employment, and in <br />the case of an applicant, the job offer will be immediately withdrawn. <br />91