As of August 1st, 2023 recreational cannabis use and possession is legal in the state of Minnesota for those aged 21 and over. Due to this legislative change, the city must make updates to its current Drug & Alcohol Testing Policy. 

The city will have two applicable policies to follow regarding drug, alcohol and/or cannabis testing. The first policy is specific to employees that are required to hold a commercial driver's license (CDL) for their position. Currently, this would be employees in our Public Works department. This policy is referred to as the DOT Drug and Alcohol Testing for Commercial Drivers Policy (DOT policy). Because cannabis use is still illegal at the federal level, and Department of Transportation (DOT) policies are also controlled at the federal level, cannabis is still considered a drug and allowed to be tested for as a controlled substance. This means job applicants and employees in positions required to hold a CDL will continue to be tested for cannabis use during: pre-employment, random, reasonable suspicion, etc. While the policy needs to be updated, there is no change to the current practice. 

The second policy is the Drug, Alcohol and Cannabis Testing Policy for Non-Commercial Drivers (non-DOT policy). This policy applies to all other employees that do not require a commercial driver's license for their position. In this policy, only positions that are deemed as "safety-sensitive" can be tested for cannabis at the time of hire (pre-employment). Attached is a list of positions that are being defined as safety sensitive within the city. A safety-sensitive position, as defined in Minn. Stat. § 181.950, subd. 13., means a job "including any supervisory or management position, in which an impairment caused by drug, alcohol, or cannabis usage would threaten the health or safety of any person". This definition is still very broad. With guidance from our employment attorney, the city identified positions that have direct life safety job duties, have the most frequent use of city equipment, tools, or property, as well as those that have use of or exposure to weapons, drugs, or chemicals that if misused, could cause serious harm to themselves or others. For all other positions, the city can no longer legally test for cannabis use at the time of pre-employment. 

Any employee regardless of their CDL or safety-sensitive status may be tested for cannabis use if there is reasonable suspicion to do so - as has been the practice with alcohol. Reasonable suspicion must be documented by appropriate management and based upon facts regarding an employee's appearance, behavior, speech, knowledge of possession, performance, etc. Reasonable suspicion has always been an option in the event an employee is demonstrating impairment while working, therefore, this practice remains unchanged.

In either policy (DOT or non-DOT), employees will be required to either consent or refuse testing any time they are asked to submit to a testing protocol. The actual testing is completed by the city's occupation health clinic which is located in Shakopee: Minnesota Occupational Health (MOH). MOH administers the tests and communicates the results to Human Resources (HR), who will then communicates the results of the test to employees and applicants as appropriate. Should any employee refuse to test, or test positive for a substance, each policy explains what can and cannot be done, in regard to employment. Again, this is similar to how alcohol testing has traditionally been treated. 

The final attachment is a proposed update to the city's personnel handbook, specifically the sections that discuss a drug-free workplace. The language is proposed to be made more general in that the city continues to require a drug, alcohol and/or cannabis free workplace and the city will maintain separate DOT and non-DOT testing policies. Employees can reference the appropriate policy for their position outside of the personnel handbook for more education on both legal and illegal substances and how they relate to the workplace. 

The two policies (DOT and non-DOT) have been modeled after the recommended language from the League of Minnesota Cities, and modified with the assistance of the city's labor attorney.