Policy
1. Policy Statement
This policy establishes the roles and responsibilities for conducting pre-employment drug, alcohol, and cannabis testing of prospective employees. The abuse of drugs, alcohol, and cannabis is a nationwide issue that affects individuals across all ages, races, sexes, and ethnic groups and poses risks to the health and safety of City of Minneapolis employees and the public.
To reduce those risks, the City of Minneapolis adopts this policy concerning drugs, alcohol, and cannabis in the workplace. The policy establishes standards for drug, alcohol, and cannabis testing that must be met by all Job Applicants for positions covered under this policy.
This policy is intended to conform to the provisions of the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA) (Minnesota Statutes §§ 181.950–181.957, as amended), as well as the federal Drug-Free Workplace Act of 1988 (41 U.S.C. Chapter 81, as amended) and applicable federal regulations, as amended.
The Chief Human Resources Officer is responsible for developing, implementing, and maintaining procedures necessary to carry out this policy, including establishing testing protocols to ensure the standards listed in this policy are met.
2. Positions covered
This policy covers pre-employment drug and alcohol testing for positions that meet one or more of the following criteria:
- A Driver’s License is a minimum qualification; or
- Access to drugs and alcohol; or
- Operation of heavy and/or motorized equipment; or
- Direct interaction with children or vulnerable adults; or
- Dispatches or responds to life-threatening emergencies; or
- Handles cash, cash equivalents, checks, securities or has access to bank or investment accounts
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.
This policy covers pre-employment cannabis testing for positions that meet one or more of the following criteria:
- a safety sensitive position;
- a peace officer position;
- a firefighter position;
- a position requiring face-to-face care, training, education, supervision, counseling, consultation, or medical assistance to:
- children;
- vulnerable adults; or
- patients who receive health care services from a provider for the treatment, examination, or emergency care of a medical, psychiatric, or mental condition;
- a position requiring a commercial driver’s license or requiring an employee to operate a motor vehicle for which state or federal law requires drug, alcohol, or cannabis testing of a Job Applicant or an employee;
- a position of employment funded by a federal grant; or
- any other position for which state or federal law requires testing of a Job Applicant or an employee for cannabis.
For these positions, DATWA deems cannabis a drug and permits pre-employment cannabis testing. The City will conduct pre-employment cannabis testing for all positions permitted under DATWA, which may be amended from time to time. For more information on which positions are covered, see the procedures developed for this policy.
3. Roles and responsibilities
Hiring Authority – Understand and comply with all City policies and procedures with respect to hiring appointed, classified, and temporary employees.
Medical Review Officer/Third Party Clinic – Deliver services and conduct Pre-Employment Drug, Alcohol, and Cannabis 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.
Human Resources – Develop, implement, manage, and update this policy. Establish, manage, and modify procedures necessary to carry out and comply with the policy in accordance with applicable laws, City ordinances, policies, and rules.
4. Persons subject to testing
Job Applicants for positions covered by this policy are subject to pre-employment drug, alcohol, and cannabis testing, as described above. However, no Job Applicant will be tested for drugs, alcohol, or cannabis under this policy without the Job Applicant's consent. The Employer will request or require a Job Applicant to undergo drug, alcohol, or cannabis testing only under the circumstances described in this policy.
5. Circumstances for Drug, Alcohol, and Cannabis Testing
The Employer will require a Job Applicant to undergo drug, alcohol, or cannabis testing if:
- the Job Applicant has applied for one of the positions listed above; and
- the Job Applicant has been given a job offer contingent on passing drug, alcohol, or cannabis testing; and
- the same test is requested or required of all Job Applicants conditionally offered employment for that position.
The Chief Human Resources Officer or their designee will determine if drug, alcohol, and cannabis testing will be required for a position.
6. Refusal to undergo testing
- Right to Refuse – Job Applicants have the right to refuse to undergo drug, alcohol, and cannabis testing. If a Job Applicant refuses to undergo drug, alcohol, and cannabis testing requested or required by the Employer, no such test shall be given.
- Consequences of Refusal – If any Job Applicant refuses to undergo drug, alcohol, and cannabis testing requested or required by the Employer, the Employer should withdraw the job offer that was conditional upon passing drug, alcohol, and cannabis testing.
- Refusal on Religious Grounds – No Job Applicant who refuses to undergo drug, alcohol, and cannabis testing of a blood sample upon religious grounds shall be deemed to have refused unless the applicant also refuses to undergo drug, alcohol, and cannabis testing of a urine sample.
7. Procedure for testing
- Notification Form – Before requesting a Job Applicant to undergo drug, alcohol, and cannabis testing, the Employer shall provide the individual with a form on which to (1) acknowledge that the individual has seen a copy of this policy, and (2) indicate consent to undergo the drug, alcohol, and cannabis testing.
- Testing – Testing will be performed in accordance with DATWA.
8. Rights of job applicants
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, alcohol, and cannabis testing, in writing, of:
- A negative test result on an initial screening test or of a negative or positive test result on a confirmatory test;
- The right to request and receive from the Employer a copy of the test result report;
- The right to request in writing within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at the Job Applicant's expense at the original testing laboratory or another licensed testing laboratory. Within three (3) working days after receipt of the written notice from the Job Applicant, the Employer’s Agent shall notify the original testing laboratory that the Job Applicant has requested the laboratory to conduct the confirmatory retest or transfer the sample to another licensed laboratory to conduct the confirmatory retest. The confirmatory retest must use the same drug, alcohol, and cannabis threshold detection levels as used in the original confirmatory test. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against the Job Applicant;
- The right to submit information to the MRO within three (3) working days after notice of a positive test result to explain that result; to indicate any over-the-counter or prescription medications that the Job Applicant is currently taking or has recently taken; and to provide any other information relevant to the reliability of, or explanation for, a positive test result; and
- The right not to have a job offer withdrawn based on a positive test result from an initial screening test that has not been verified by a confirmatory test.
9. Action after test
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, alcohol, and cannabis 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.
10. Data privacy
The purpose of collecting a body component sample of blood, breath, or urine is to test that sample for the presence of drugs, alcohol, cannabis, or their metabolites. A sample provided for drug, alcohol, and cannabis 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, and cannabis 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, cannabis, 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, and cannabis 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:
- 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;
- 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
- Disclosed as required by law, court order, or subpoena.
Positive test results may not be used as evidence in a criminal action against the Job Applicant tested.
11. Definitions
- Confirmatory Test and Confirmatory Retest mean a drug, alcohol, or cannabis test that uses a method of analysis allowed by DATWA to be used for such purposes.
- Drug means a controlled substance as defined in Minnesota Statutes § 152.01, Subd. 4, but does not include marijuana, tetrahydrocannabinols, cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products, as those terms are defined under DATWA.
- Cannabis means marijuana, tetrahydrocannabinols, cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products, as those terms are defined under DATWA.
- Drug, Alcohol, and Cannabis Testing; Drug, Alcohol, or Cannabis Testing; Drug, Alcohol, and Cannabis Test; and Drug, Alcohol, or Cannabis Test mean analysis of a body component sample approved according to the standards established by DATWA, for the purpose of measuring the presence or absence of drugs, alcohol, cannabis, or their metabolites in the sample tested. The word “or” is to be interpreted inclusively, meaning, for example, “A or B, or both.” The word “and” is to be interpreted flexibly; where it appears to connect multiple conditions or events, it may be read as “or,” “and,” or “any one or more” as reasonable in context.
- Job Applicant means a person, independent contractor, or person working for an independent contractor who applies to become an Employee of the Employer and includes a person who has received a job offer contingent on the person passing drug, alcohol, and cannabis testing. Job Applicant also includes, but is not limited to, an individual who applies for a temporary position, including a permit position. “Job Applicant” does not include current employees of the City of Minneapolis.
- Employee means a person who performs services for the City of Minneapolis for compensation, in whatever form, including any person directly engaged in the performance of work pursuant to the provisions of any federal grant or contract.
- Employer means the City of Minneapolis acting through authorized hiring agents.
- Initial Screening Test means a drug, alcohol, or cannabis test which uses a method of analysis allowed by DATWA to be used for such purposes. An alcohol breath test is not an initial screening test; however, an alcohol breath test may be used to determine if an initial screening test of urine or blood will be performed.
- Positive Test Result means a finding of the presence of alcohol, drugs, cannabis, or their metabolites in the sample tested in levels at or above the threshold detection levels as determined by the City of Minneapolis in accordance with DATWA.
- Valid Medical Reason means
- a written prescription, or an oral prescription reduced to writing, which satisfies the requisites of Minnesota Statutes § 152.11, and names Job Applicant as the person for whose use it is intended; and
- a drug prescribed, administered, and dispensed in the course of professional practice by or under the direction and supervision of a licensed doctor, as described in Minnesota Statutes § 152.12; and
- a drug used in accordance with the terms of the prescription; and
- use of any over-the-counter medication in accordance with the terms of the product's directions for use.
- Controlled Substance means a drug, substance, or immediate precursor in Schedules I through V of Minnesota Statutes § 152.02.
- Federal Agency or Agency means any United States executive department, military department, government corporation, government-controlled corporation, any other establishment in the executive branch (including the Executive Office of the President), or any independent regulatory agency.
- Grant means an award of financial assistance, including a cooperative agreement, in the form of money, or property in lieu of money, by a federal agency directly to a grantee. The term grant includes block grant and entitlement grant programs, whether or not exempted from coverage under the grants management government-wide regulation (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments). The term does not include technical assistance in the form of loans, loan guarantees, interest subsidies, insurance, or direct appropriations; or any Veterans' benefits to individuals, i.e., any benefit to Veterans, their families, or survivors by virtue of the service of a Veteran in the Armed Forces of the United States.
- Grantee means a person who applies for or receives a grant directly from a federal agency.
- Individual means a natural person.
- Valid Sample with a Certified Result means a body component sample that may be measured for the presence or absence of drugs, alcohol, cannabis, or their metabolites.
