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5.0 Duty <br />Elk River Municipal Utilities does not have a legal duty to request or require drug or alcohol <br />testing. <br />6.0 Applicability <br />The Elk River Municipal Utilities may request or require alcohol and/or drug testing of the <br />following individuals and under the following circumstances: <br />A. Job applicants for positions requiring pre-employment physical. Testing will not be <br />required until a job offer has been made. <br />B. Employees who, during assigned work schedules, the employer has reasonable <br />suspicion to believe that the employee: <br />1. Is under the influence of drugs or alcohol; <br />2. <br />possession, sale, or transfer of drugs or alcohol while the employee is working <br />ery, or equipment, provided the work rules are in <br />policy. <br />3. Has sustained a personal injury, as that term is defined in Minnesota Statutes <br />section 176.011, subdivision 16, Workers Compensation, or has caused <br />another employee to sustain a personal injury; or <br />4. Has caused a work-related accident or was operating or helping to operated <br />machinery, equipment, or vehicles involved in a work-related accident. <br />C. Employees who have been referred by the Elk River Municipal Utilities for chemical <br />dependency treatment or evaluation or who are participating in a chemical <br />dependency treatment program under an employee benefit plan, in which case the <br />employee may be requested to undergo drug and alcohol testing without prior notice <br />during the evaluation or treatment period and for a period of up to two (2) years <br />following completion of any prescribed chemical dependency treatment program. <br />D. Should any employee or employees feel that they have reasonable suspicion to <br />believe that their supervisor is under the influence of drugs or alcohol, they should <br />contact another supervisor, General Manager, or any member of the Elk River <br />Municipal Utilities Commission. <br />211 <br />