5.7. SR 10-16-1995 - Laserfiche WebLink

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. What is a city required to do? First, the city must write a drug and alcohol testing policy. For those of you who attended the 1995 Loss Control Workshops, there were three samples on pages 225-265 of the three-ring binder materials. For a copy of these samples, call the League's Research Department at (800) 925- 1122 or (612) 490-5600. Second, the city must arrange for alcohol tests including authorized equipment and a breath alcohol technician. Third, the city must arrange for drug tests including a collection site, a certified laboratory and a medical review officer. All employee drug and alcohol testing records are confidential and cannot be released without the employee's consent. The following items must be in- cluded in the city's written drug and alcohol testing policy: ~ The name of the person who will answer questions about the city's program; ® Which employees are covered by the testing program; ~ Information onsafety-sensitive functions; ~ What conduct is prohibited; '4 (~ When testing will be done; ~i What are the testing procedures; ~ When employees are required to submit to tests; ® What the consequences are if an employee refuses a test; i= Consequences of a positive drug/ alcohol test; Information on the effects of drugs and alcohol use and intervention methods; Each employee must sign a statement that they have received a copy of the policy. When must employees be tested? Pre-employment, post-accident, reasonable suspicion, random, return to duty and follow-up. What kinds of tests are required? Breath test for alcohol; urine test for drugs. • Who pays for the test? The federal rules do not specify who pays for the tests. Under state }aw (Minnesota Satute 181.955), the employer pays for the test. The employer may require the employee to pay for a re-test if the employee requests a re-test. What use or conduct is prohibited Prohibited alcohol use when performing safety-sensitive functions includes hay=ing an alcohol concentration of .04 or greater, possessing and using alcohol while on duty, and alcohol use four hours before going on duty. Prohibited drug use when perform- ing safety-sensitive functions includes the use of any prohibited drugs: marijuana (THC metabolite), cocaine, amphetamines, opiates (including heroin), and phencyclidine (PCP). These drugs are prohibited both on- or off-duty. The following conduct is prohibited: employee refusal to test and an employer permitting operation of a vehicle with knowledge of prohibited actby the employee. Employers must provide information on drugs and alcohol to all employees covered by these rules. All supervisors and officials must be provided with at least one hour of training on the signs and symptoms of drug and alcohol abuse. What possible programs are there? Cities can work independently, with other local governments, with private companies that might offer related services, or with a consortium. Several consortiums already exist, such as the Association of Minnesota Counties and the Minnesota Municipal Utilities Association. There are civil penalties with fines of $500 to $10,000 a day against employ- ers who do not comply with these rules. Cities should start planning for the January i, 1996 deadline. Please watch future issues of Minnesota Cities maga- zine and the Cities Bulletin for more information. ~ Ellen Longfellow is Defense/Loss Control Attorney for LMCIT. Kay McAloney is Personnel Advisor for the League of Minnesota Cities. MINNESOTA [ITIES /SEPTEMBER 7995 25