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HomeMy WebLinkAboutResolution 4494 . . " RESOLUTION NO . 4494 CITY OF MOUNDS VIEW COUNTY OF RAMSEY . STATE OF MINNESOTA A RESOLUTION ESTABLISHING ALCOHOL AND DRUG TESTING POLICY WHEREAS, the Mounds View City Council at all times promotes a safe environment for municipal employees to perform their jobs; and WHEREAS, the Minnesota Legislature passed a law that enabled employers to provide a safe work environment by establishing Alcohol and Drug tes~ng policies; and WHEREAS, to implement an Alcohol and Drug Testing policy, the City Council must pass a resolution establishing this policy. . NOW THEREFORE BE IT RESOLVED that the Mounds View City Council adopt Resolution No. 4494 establishing an Alcohol and Drug Testing policy that will become a part of the City of Mounds View's Administrative Policy Manual. Adopted this 14th day of February, 1994 . . , ALCOHOL AND DRUG TESTING POLICY Purpose The City is committed to the health, well being and safety of its employees and property. All employees have a responsibility to report to and be at work in a fit condition to perform. This policy has been. established for the purpose of providing a safe work place for all, and to comply with the Drug Free Workplace Act. Policy The use, possession, distribution, manufacture or sale of alcohol or illegal drugs anywhere at work on City time, on City property, or in City vehicles is prohibited and considered a willful violation of City policy which can result in suspension or discharge. Drug and alcohol testing of both blood or urine may be conducted under the circumstances set forth below. The city will use Minnesota Rule 4740.1075 through 4740.1090 for minimum standards of alcohol and drug detection limits. Specifics: 1. Applicants. All acceptable candidates who have been offered employment for regular full-time positions in areas where physicals are required, will be required to undergo a drug test as part of the placement procedure. This test will only be used to detect presence of. alcohol, unauthorized drugs, or their metabolites. We will notify any applicant of test results and, subject to the provisions of #7 below, will withdraw an employment offer from anyone who tests positive. 2. Employees may be required to undergo drug and alcohol testing at a clinic of choice by the City of Mounds View if there is reasonable cause for suspicion to believe that the employee is under the influence of drugs or alcohol and: A. Has violated written work rules prohibiting the use, possession, sale or transfer of drugs or alcohol while working, while on City premises, or while operating City vehicles, machinery or equipment. B. Has sustained a personal requiring medical care, or employee to sustain an medical care. injury on the job has caused another injury requiring C. Has caused a work related accident or was operating or helping to operate equipment, machinery or a vehicle involved in a work related accident. . 3. 4. . . Employees will be driven to a clinic in the area by their supervisor, the Personnel Coordinator or available city employee. The clinic where the employee is taken will take the urine or blood sample, and will forward the sample to a laboratory for testing. An employee must notify his/her supervisor. within 5 days of any arrest, or conviction under any criminal drug statute. If an employee has been convicted under any drug statute, s/he will be requested to pursue the requirements in #4. Any employee may be 'required to undergo testing if that employee has been referred by the city for chemical dependency treatment or evaluation and has been found to be chemically dependent. The employee may be required to undergo testing, without prior notice, during the period of evaluation or treatment and for up to two years following completion of any prescribed chemical dependency treatment program. 5. Applicants and employees may refuse to submit to drug/alcohol testing; however, a refusal to submit to required testing will be grounds for immediate suspension with intent to terminate. Offers of employment will be withdrawn from applicants who refuse testing. 6. Before testing is conducted, employees or applicants must state on a written form: 1) if they have seen the city policy and 2) any over-the-counter and prescription medications taken, which will be done at the clinic. 7 . The Personnel Coordinator will receive the results of the drug and alcohol tests . Results of testing will be reported in writing to the employee or applicant within three working days of receipt by the city. If the test result is positive, the city will inform the employee or applicant in writing of his/her right to: A. Provide any additional information to the city within three working days upon receiving results of the tests, that could explain the positive test result. B. Receive a copy of the test result report. c. Retest expense within notice the original provided they five working of the positive sa~ple at their own inform Administration days after receiving test result. 8. A positive test result which has been confirmed indicating the presence of unauthorized drugs or their . . . . . (not indicated on the consent form) result in termination, subject to metabolites alcohol may following: A. An employee who tests positive for the first time will be given the opportunity to participate in, at the employee's own expense or pursuant to coverage under the employee's benefit plan, a counseling or rehabilitation program after consultation with the City Personnel Coordinator. B. The employee may be discharged for any of the following reasons: 1. The employee tested positive on a previous occasion in a work related incident. 2. The employee refuses to participate in a chemical dependency or rehabilitation program recommended by the City Personnel Coordinator. 3. The employee fails to successfully complete chemical dependency counseling or a rehabilitation program. and the If an employee is called out for a city emergency and is suspected of being under the influence of drugs or alcohol, sjhe will not be subject to the testing procedures of this policy if sjhe is suspected of being under the influence of drugs or alcohol. However, sjhe will not be allowed to work, and will be sent home. 9. 10. Results of tests and other information acquired in the drug and alcohol testing process will be treated as private and confidential information. The employee tested and the Personnel Coordinator will be told the results of the testing. If a positive result is conf irmed, the ci ty Administrator and the employee's supervisor will be notified. Results will be disclosed to no one outside of the City unless required by law or unless release of information is requested by the employee. . . . CITY OF MOUNDS VIEW EMPLOYEE/JOB APPLICANT DRUG/ALCOHOL TEST CONSENT FORM I have peen requested to give a (urine) (blood) sample for testing to determine the presence of drugs and alcohol. I have read and understand the city's policy on drug and alcohol testing. I agree to submit to these tests, and also agree that the testing agency is authorized by me to provide the results of the test to the City of Mounds View. I understand that my alteration of this consent form, refusal to consent or to cooperate fully in the taking of this sample, or my refusal to consent or to cooperate fully in the taking of this sample, or my refusal to authorize release of information to the city of Mounds View may result in disciplinary action up to and including discharge, and for job applicants may be grounds for rejection. I also understand that a. positive result may be grounds for discipline up to and including discharge, and for applicants may be grounds for rejection. In order to insure accuracy of this screening, it is necessary to know any and all of the prescription drugs, non-prescription drugs, over-the-counter medications, or any other chemical substance you have taken within the last month. If you are not taking any medication, drugs, or other chemical substances, please write "NONE". MEDICATION: DOSAGE AND FREQUENCY: PRESCRIBED BY: ANY OTHER INFORMATION RELEVANT TO THE RELIABILITY OF OR EXPLANATION OF A POSITIVE TEST RESULT: EMPLOYEE/APPLICANT NAME: SIGNATURE: DATE: SUPERVISOR'S NAME: SIGNATURE: DATE: . . . . . NOTICE OF DRUG OR ALCOHOL TEST RESULTS EMPLOYEE NAME:. DATE RECEIVED FROM TESTING ORGANIZATION: CHECKS AS APPROPRIATE: The results of your drug/alcohol test was NEGATIVE. The results of your drug/alcohol test was POSITIVE. RIGHTS OF EMPLOYEE OR JOB APPLICANT IF TEST RESULTS ARE POSITIVE: 1. The employee or job applicants has the right to request and receive from the City of Mounds View a copy of the test result report. 2. within three (3) working days after notice of a positive test result, the employee or job information to the City of Mounds any submitted prior to a test, result. applicant may submit View, in addition to to explain the test 3. within five (5) days after notice of a positive test, the employee or job applicant may request a confirmatory re- test of the original sample at the employee's or job applicant's expense. within three (3) days after receiving the employee;s or job applicants re-test request, the City of Mounds View shall notify the testing agency of the employee's or job applicant's request. The employee or job applicant may request a different testing agency licensed under Chapter 181 (Minnesota State Statute). If the confirmatory re-test does not confirm the original positive result, no adverse personnel action based on the original confirmatory test may be taken against the employee or job applicant. I have received a copy of this completed document. SIGNATURE: DATE: