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1、DRUG AND ALCOHOL TESTINGHennepin County Administrative ManualEffective Date: May 2004Effective Date History: October 1997, August 2001Department Responsible: Human ResourcesGENERAL INFORMATIONThe Hennepin County Board of Commissioners adopted the Drug and Alcohol Testing Policy by Resolution 905412,
2、 and amended it by Resolution 92-12-1034. The Policy covers drug and alcohol testing of full and parttime applicants for safetysensitive positions as determined by Human Resources, including all non-continuous appointments; testing non safetysensitive employees moving into safetysensitive jobs who h
3、ave not been previously tested; and testing employees in fitness for duty situations (relating to reasonable suspicion or postaccident testing).Resolution 92-12-1034 authorized the County Administrator to promulgate future revisions to this policy. In 2001, revisions were made that ended the alcohol
4、 testing for applicants.NOTE: The U.S. Department of Transportation (DOT) has issued regulations covering drug and alcohol testing for persons who must carry a Commercial Drivers License (CDL). These regulations supplement this policy for CDL licensed staff. There are Federal Highway Administration
5、rules for commercial drivers who are incorporated in the Public Works Drug & Alcohol Testing Policy. Since the majority of CDL licensed staff is located in the Hennepin County Public Works Department, copies of the relevant policy and procedure are not published here. If you have questions regarding
6、 that policy, please contact the Human Resources Service Representative or his/her supervisor for information.ADMINISTRATION OF POLICYCopies of the Policy and the Supervisory Checklists for Applicant and Employee Testing may be obtained from Human Resources. Supervisors are mandated, however, to att
7、end training conducted specifically to implement the Policy and are requested to contact their departmental Human Resources Services Representative with questions or when preparing to test employees in fitness for duty situations. To obtain copies of Supervisors Checklists, link to the Human Resourc
8、es Home page(http:/hcnet/HR/Intranet/GenlInfo.nsf/1b3566ed24787cf18625693d005f87b0/7f70729f4a82bf5c86256b60005cd297?OpenDocument).POLICYThe abuse of drugs and alcohol is a nationwide problem, which affects persons of every age, race, ethnic and occupational group. The abuse of drugs and alcohol has
9、a negative impact on employees and the provision of service. It poses an increased risk to the health and safety of employees, coworkers and the public.In Section 16.3g of the Human Resources Rules, Hennepin County has established a proscription against the use and abuse of drugs and alcohol in the
10、workplace. Additionally, in Human Resources Rules Section 6.14, the county has established the provision for testing applicants and employees ability to perform the duties of the position. Further, collectively bargained agreements between the county and its exclusively represented employees contain
11、 provisions, which provide for testing to determine an employees fitness for duty. In adopting this policy, the county is conforming to state law (as set forth in Minnesota Statutes Sections 181.950, et. seq., as amended, and any administrative regulations promulgated pursuant to the state statute),
12、 which provides the framework under which applicants and employees may be tested for the improper use of drugs and alcohol.PROCEDUREI. Work RulesThe following rules are applicable to all employees of Hennepin County:While at work, using county equipment or on county premises (work sites), no employe
13、e shall: threaten or endanger himself/herself or another individual; abuse county property; use county property in an unauthorized fashion; be intoxicated or drink alcoholic beverages during working hours; make, possess, sell, buy, transfer, consume or be under the influence of a controlled substanc
14、e/drug; or be under the influence of a prescribed or overthecounter drug that impairs his/her physical or mental abilities to the degree that the health and/or safety of the employee or others could be affected by the action or inaction of the employee.II. Persons Subject to TestingAll applicants an
15、d employees are subject to testing as defined in Section III of this policy. However, no person will be tested for drugs or alcohol without the persons consent. The manager/supervisor or his/her designee will request an individual to undergo drug and alcohol testing only under the circumstances desc
16、ribed in this policy. The manager/supervisor may not send an employee or job applicant to be tested for drugs and/or alcohol to a testing laboratory owned or operated by Hennepin County.When an applicant or employee is requested to take a drug and alcohol test, the manager/supervisor shall first pro
17、vide the individual the opportunity to read the Hennepin County Drug and Alcohol Testing Policy. Following the individuals receipt of the policy, the manager/supervisor shall provide a form upon which the applicant or employee will acknowledge whether she/he is or is not willing to be tested for dru
18、gs and alcohol.III. Circumstances for Requesting Applicant /Employee to Undergo TestingA. Applicant TestingAll final candidates for safety sensitive classes and/or positions, including all non-continuous appointments, shall be requested to take a drug test. Employees, who currently occupy a safety s
19、ensitive position and have previously passed a Hennepin County drug test, shall not be required to take another drug test as a condition of appointment. Before an individual or final candidate can be requested to take the drug test, he/she must be offered employment conditionally based on passing th
20、e drug test.B. Employee Testing Employees shall be requested to undergo drug and alcohol testing under the following circumstance: 1. When a new Medical Resident is employed at Hennepin County Medical Center, at some point during his/her first three months of employment.Employees may be requested to
21、 undergo drug and alcohol testing under any of the following circumstances:1.As part of a medical checkup program established by a department director, for all employees in a class(es) and/or department unit(s), provided that the drug and alcohol portion of the medical checkup program is not given m
22、ore than once a year and employees are each given at least two weeks notice of such requirement to test.2. Without prior notice:a. When the manager/supervisor has reasonable suspicion (Note: *) that an employee is using or under the influence of a drug(s) or alcohol during working hours, or while us
23、ing county equipment or while on the employers premises (worksite).b. When the employee has violated a written rule set out in the Work Rules section of this policy. Whenever practicable, the reasonable suspicions of the manager/supervisor should be reviewed and confirmed by a second member of manag
24、ement in a higher level before requesting the employee to submit to testing.c. When the employee, during working hours, has sustained a personal injury as that term is defined in Minnesota Statutes Section 176.011, Subd. 16, which requires medical treatment; or has caused another person to sustain a
25、 personal injury requiring medical treatment, or death.d. When the employee has caused a workrelated accident where the total property damage is anticipated to be in excess of $1,000.00, or was operating or helping to operate machinery, equipment, or vehicles involved in such a workrelated accident.
26、3. Without prior notice, when the county has referred the employee for chemical dependency treatment or evaluation, or the employee is participating in a chemical dependency treatment program under an employee benefit plan. Under the foregoing circumstances, the employee may be requested to undergo
27、drug or alcohol testing without prior notice during the evaluation and treatment period, and for a period of up to two years following the completion of - or the opportunity to complete - any prescribed chemical dependency treatment program.4. When an employee has reasonable suspicion that his/her s
28、uperior is using or under the influence of a drug(s) or alcohol during working hours, the employee may report his/her suspicions to the superiors department director or to the Human Resources Director who will investigate and take appropriate action.5. When randomly selected under a departmental ran
29、dom drug/alcohol testing program. Random drug/alcohol testing programs may be established for safety-sensitive jobs.IV. Refusal to Undergo TestingAll applicants and employees have the right to refuse to undergo drug and alcohol testing. If an individual refuses to undergo drug and alcohol testing re
30、quested by the manager/supervisor, no such test shall be given. Attempts to delay the taking of the test, or failure to take the test at the appointed time and place designated by the manager/supervisor, may be considered a refusal to test.An applicant who refuses to take a drug and alcohol test sha
31、ll be disqualified from further consideration for the conditionally offered position and the applicants name shall be removed from the current eligible list for the class.An employee refusing to take a drug and alcohol test requested by a manager/supervisor will be considered insubordinate by the ma
32、nager/supervisor and will be subject to disciplinary action including possible dismissal. In a disciplinary hearing resulting from an appeal of disciplinary action, the manager/supervisor shall have the burden of showing a justcause basis for requesting the test (See Section VII).V. Rights of the Ap
33、plicant or Employee to Explain Test Results and Request a RetestThe testing laboratory shall prepare a written report indicating the drugs, alcohol or their metabolites tested for and whether the test produced negative or positive test results, and shall send the report to the designated contact per
34、son within three (3) working days following a positive confirmatory test or when the initial screening test result was negative.Within three (3) working days following receipt of the written report of the test results from the testing laboratory, the designated contact person shall inform the applic
35、ant or employee in writing of the following:A. A negative test result on an initial screening or a positive test result that has been verified by a confirmatory test;B. The right to request and receive a copy of the test results report;C. The right to request, within five (5) working days after a no
36、tice of a positive test result, a second confirmatory test of the original sample at the applicants or employees expense (unless the test result is negative in which case the county will pay for the test) at the original testing laboratory or another licensed testing laboratory;D. The right to submi
37、t information to the Medical Review Officer (MRO) within three (3) working days after notice of a positive test result to explain that result; including but not limited to, information regarding any over-the counter or prescription medications that may have affected the test; E. The right of an empl
38、oyee who has been suspended without pay to be reinstated with back pay if the outcome of the initial test, confirmatory or employeerequested confirmatory retest is negative and other rights of Minnesota Statutes Section 181.953, subd. 10;F. The right of an employee who has made a timely request for
39、a confirmatory retest to suffer no adverse personnel action if the confirmatory retest does not confirm the result of the original confirmatory test;G. In the case of applicants, that the employer may not withdraw the offer based on a positive test result from an initial screening test that has not
40、been verified by a confirmatory test. The designated contact person will immediately inform the manager/supervisor of a negative test result on an initial screening, or will inform the manager/supervisor of a positive test result after the applicants or employees information and retest rights (see s
41、ection V: C and D above) have been exhausted.VI. Human Resources Action(s) Resulting from Positive Test ResultNo adverse Human Resources action will be taken on the basis of a positive test result on an initial screening test unless the positive result is verified by a confirmatory test. Following a
42、 positive test result in a confirmatory test, or in any confirmatory retest requested by the applicant or employee, Hennepin County will take the following action, unless the applicant or employee has furnished a valid medical reason for the positive test result:A. A current employee who is a finali
43、st for a safetysensitive position or an applicant will be disqualified from further consideration for the conditionally offered position, have his/her name removed from all eligible lists, and may be disqualified by the Human Resources Director from applying for positions in the classified service w
44、ith Hennepin County for up to five years. Additionally, a current employee will be referred for a chemical use/dependency evaluation as noted below in Section VI.B.B. An employee with a positive test result, on the first occurrence, may be disciplined but not discharged, and will be referred for an
45、evaluation by a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. If that evaluation determines that the employee has a chemical dependency or abuse problem, the manager/supervisor will give the employee an opportunity to participate in an
46、 appropriate drug or alcohol treatment (counseling or rehabilitation) program, at the employees own expense or pursuant to coverage under an employee benefit plan.If the employee either refuses to participate in the counseling or rehabilitation program, or fails to successfully complete the program,
47、 the manager/supervisor may take whatever disciplinary action, including discharge that she/he deems appropriate. (Failure to successfully complete the program includes withdrawal from the program prior to its completion, poor attendance or if, in the view of the treatment staff, the employee did no
48、t actively participate in the program.) If the employee is not discharged, the employee will be subject to testing without prior notice for a period of two years pursuant to this policy.When the employee has a positive test result within two years following completion of a treatment program (see Section III.B.3.), the manager/supervisor may take whatever disciplinary action, including discharge that he/she deems appropriate.Notwithstanding any other provisions herein, the manager/supervisor may temporarily suspend or reassign an employee to another position pending the outcome
