City Council Meeting Date: October 3, 2023
To: Mayor and City Council
City Administrator
From: Communications & Human Resources Director Mahowald
Title
Consider Approval of Updated Handbook Policy (3.75 Non-DOT Drug, Alcohol, and Controlled Substance Free Workplace Policy).
Body
Action Requested:
The Northfield City Council approves a Motion adopting the attached Handbook Policy regarding Non-DOT Drug, Alcohol, and Controlled Substance Free Workplace Policy.
Summary Report:
On July 19, 2023, the Council Employment Policy Committee discussed and made a unanimous recommendation of support of approval to the updated language changes in handbook 3.75 Non-DOT Drug and Alcohol Testing and Drug Free Workplace Policy. After July 19, City staff continued to ask questions, work with our labor attorney, and clarify the policy as more information became available. Legalization of cannabis was effective August 1, 2023.
One important update to our policy was redefining the term drug as provided by state statutes. Drug has the same meaning as “controlled substance” defined in Minn. Stat. § 152.01, subd. 4, but does not include marijuana, tetrahydrocannabinols, cannabis flower as defined in Minn. Stat. § 342.01, subdivision 16, cannabis products as defined in Minn. Stat. § 342.01, subdivision 20, lower-potency hemp edibles as defined in Minn. Stat. § 342.01, subdivision 50, and hemp-derived consumer products as defined in Minn. Stat. § 342.01, subdivision 37.
The Department Coordination Team and other management staff with employees who drive city vehicles as part of their regular work requirements (primarily Community Development, Police, Public Works and Engineering staff) received this policy with tracked changes for input on September 7, 2023 and were asked to comment and ask questions by September 18, 2023.
The new law has no impact on Federal DOT requirements and cannabis will remain illegal under federal law. Handbook policy 3.8 Drug & Alcohol Testing - DOT was last updated in 2020 and remains unchanged.
This policy covers safety sensitive functions. A safety-sensitive position is defined as 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.
The city has discretion to determine that there is no acceptable concentration of marijuana metabolites in the blood or urine of an employee in any one of the following positions:
• Safety-sensitive position;
• Police Officer position;
• Position requiring an employee to operate a motor vehicle for which state or federal law requires drug or alcohol testing of a job applicant or an employee;
• Any other position for which federal law requires testing of a job applicant for cannabis; or
• Any other position listed within Minn.Stat.§ 181.951, subd. 9.
Alternative Options:
None.
Financial Impacts:
None.
Tentative Timelines:
Staff recommends consideration of approval of 3.75 Non-DOT Drug and Alcohol Testing and Drug Free Workplace policy to be effective October 3, 2023.