Applies to
Mayor and City Council departments
This policy establishes roles and responsibilities for conducting pre-employment drug & alcohol tests on prospective employees. Abuse of drugs and alcohol is a nationwide problem. It affects persons of every age, race, sex and ethnic group. It poses risks to the health and safety of employees of the City of Minneapolis and to the public. To reduce those risks, the City adopts this policy concerning drugs and alcohol in the workplace. This policy establishes standards concerning drugs and alcohol testing which all job applicants for positions covered by this policy must meet.
Mayor and City Council departments
Council approval: August 22, 2008, Council Action 2008A-0505
Abuse of drugs and alcohol is a nationwide problem. It affects persons of every age, race, sex and ethnic group. It poses risks to the health and safety of employees of the City of Minneapolis and to the public. To reduce those risks, the City adopts this policy concerning drugs and alcohol in the workplace. This policy establishes standards concerning drug and alcohol testing which all job applicants for positions covered by this policy must meet.
This drug and alcohol testing policy is intended to conform to the provisions of the Minnesota Drug and Alcohol Testing in the Workplace Act (Minnesota Statutes, §§ 181.950 to 181.957), as well as the requirements of the federal Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D) and related federal regulations.
The Human Resources Director is directed to develop and maintain procedures for the implementation and ongoing maintenance of this policy and to establish testing procedures to ensure that the standards listed in this policy are met.
This policy covers drug and alcohol testing for positions that meet one or more of the following criteria:
Any position that meets one or more of the above criteria will require drug and alcohol testing. It is possible that not all positions within a job classification will be subject to drug and alcohol testing. (Note: For more information on which positions are covered, see the procedures developed for this policy.)
Role | Responsibility |
---|---|
Hiring Authority | Understand and comply with all City policies and procedures with respect to hiring appointed, classified and temporary employees. |
Human Resources |
|
Medical Review Officer/Third Party Clinic | Deliver services and conduct Pre-Employment Drug and Alcohol Tests in accordance with State and Federal Laws and as described in the contract between the Medical Review Officer/Third Party Clinic and the City of Minneapolis Finance Department. |
Job applicants for positions covered by this policy are subject to pre-employment drug and alcohol testing. However, no job applicant will be tested for drugs or alcohol under this policy without the job applicant's consent. The Employer will request or require a job applicant to undergo drug or alcohol testing only under the circumstances described in this policy.
The Employer may request or require a job applicant to undergo drug and alcohol testing if: (1) the job applicant has been given a job offer contingent on providing a “valid sample with a certified result” as that termed is defined in the Pre-Employment Drug and Alcohol Testing Policy and passing drug and alcohol testing; and (2) the same test is requested or required of all job applicants conditionally offered employment for that position. The Human Resources Director or any designee of the Human Resources Director will determine if drug and alcohol testing will be required for a position.
Within three (3) working days after receipt of the test result report from the testing laboratory, the Employer or the Employer’s Agent shall inform a job applicant who has undergone drug and alcohol testing, in writing, of:
The Employer will not discriminate against a job applicant solely on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test/confirmatory retest, unless the job applicant has furnished a valid medical reason for the positive test result, the Employer will withdraw the job offer that was contingent on passing drug and alcohol testing. If the job offer is withdrawn based on a positive test result that has been verified by a confirmatory test and in any confirmatory retest, the Employer shall inform the applicant of the reason for the job withdrawal.
The purpose of collecting a body component sample of blood, breath, or urine is to test that sample for the presence of drugs and alcohol. A sample provided for drug and alcohol testing will not be tested for any other purpose. The name, initials and social security number of the person providing the sample may be requested so that the sample can be identified accurately but confidentially. Information about medications and other information relevant to the reliability of, or explanation for, a positive test result is requested to ensure that the test is reliable and to determine whether there is a valid medical reason for any drug and alcohol in the sample. All data collected, including that in the notification form and the test report, is intended for use in determining the suitability of the applicant for employment. The job applicant may refuse to supply the requested data; however, refusal to supply the requested data may affect the job applicant’s job offer.
A laboratory may only disclose to the Employer or the Employer’s agent test result data regarding presence or absence of drugs, alcohol, or their metabolites in a sample tested. The Employer, the Employer’s agent or laboratory may not disclose the test result reports and other information acquired in the drug and alcohol testing process to another employer or to a third party individual, governmental agency, or private organization without the written consent of the person tested, unless permitted by law, court order, or subpoena. Evidence of a positive test result on a confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing under Minnesota Statutes, Chapter 43A or other applicable state or local law, or a judicial proceeding, provided that information is relevant to the hearing or proceeding; (2) disclosed to any federal agency or other unit of the United States government as required under federal law, regulation, or order, or in accordance with compliance requirements of a federal government contract; and (3) disclosed as required by law, court order, or subpoena. Positive test results may not be used as evidence in a criminal action against the employee or applicant tested.
1. On December 15, 2015, the Minneapolis Civil Service Commission changed its rules so only current City employees can file appeals with the Human Resources Department when permitted by City Charter or Civil Service Commission Rules. Non-City employees no longer have the right of appeal under existing Civil Service Commission Rules.↩
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