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TO SERVE WITH COMPASSION

3-1000 Drug and Alcohol Testing

3-1001        DRUG AND ALCOHOL TESTING POLICY (04/22/09) (04/05/16)
 
I.             PURPOSE
 
The purpose of this policy is to establish procedures for drug and alcohol testing of Minneapolis Police Department employees.
 
II.          POLICY
 
A.    Minneapolis Police Department employees are subject to the drug and alcohol testing policies found in the employees’ respective union labor agreements. Employees not represented by a labor union are subject to the City of Minneapolis' Drug and Alcohol Testing Policy.
 
B.     Nothing in this policy limits the right of the Employer to discipline or discharge an employee on grounds other than a positive test result in a confirmatory test, subject to the requirements of law, the rules of the Civil Service Commission, and the terms of any applicable collective bargaining agreement.
 
C.    Drug and alcohol counseling, rehabilitation, and employee assistance are available from or through the City’s Employee Assistance Program (E.A.P.) or the MPD’s Employee Resource Program (E.R.P). (7/11/05)
 
D.    Each employee engaged in the performance of any federal grant or contract shall also be subject to, and given a copy of this policy.
 
E.     Per drug and alcohol testing requirements, all sample collection and testing shall be performed by a Collector from the designated clinic.
 
III.       DEFINITIONS
 
Applicable/ Respective Drug and Alcohol Policy: Drug and alcohol testing policies for Minneapolis Police Department employees are found in the employees’ respective union labor agreements. Employees not represented by a labor union are subject to the City of Minneapolis’ Drug and Alcohol Testing Policy.
 
Collection Site: The physical location at which drug and alcohol testing is to occur.
 
1.      Monday-Friday 0730-1700 the collection site shall be:
The Designed Clinic (see Off-Site Collection Procedure).
 
a.       In a Critical Incident (see the Critical Incident Policy- P/P 7-810), the collection site shall be:
City Hall, a Precinct headquarters or the Special Operations Center (see On-Site Collection Procedure).
 
2.      Nights, weekends, and holidays the collection site shall be:
City Hall, a Precinct headquarters or the Special Operations Center (see On-Site Collection Procedure).
 
3.      If the Employee is brought to a facility such as an emergency room for care, the testing of the sample shall still be performed by the designated clinic.
 
Collector: The certified forensic specimen collector who is an authorized representative of the designated clinic, who shall perform the drug and alcohol testing sample collection.
 
Designated Clinic: All sample collection and testing shall be performed by a Collector from the designated clinic(s) on the Designated Clinic List.
 
Escort: The employee assigned to accompany the subject of testing. The Escort shall ensure that the subject Employee does not compromise their ability to provide a valid test sample by eating, drinking, smoking or using the restroom until the Collector is present at the collection site.
 
1.      If the subject Employee is sworn, the Escort shall be a sergeant or lieutenant whenever possible. If not possible, the Escort shall be an officer with reasonable experience to handle the duties required.
 
2.      If the subject Employee is a civilian, the Escort may be a civilian.
 
Non-Witnessed Collection: The collection of the testing sample shall not be witnessed by the Collector or Escort, or by any person other than subject Employee.
 
Reasonable Suspicion: A belief based on specific articulable facts and rational inferences drawn from those facts, that justifies testing. For purposes of drug and alcohol testing of an MPD employee, Reasonable Suspicion shall be determined based on the Drug and Alcohol Testing- Establishing Reasonable Suspicion Checklist (MP-9052).
 
IV.       PROCEDURES
 
A.    Supervisor Responsibility
 
1.      The supervisor shall notify the Internal Affairs Unit (IAU) immediately by phone if drug and alcohol testing is to occur or if the supervisor would like to initiate testing.
 
2.      The supervisor will take further direction from Internal Affairs as needed.
 
B.     Internal Affairs
 
In the event of drug and alcohol testing, the IAU designee shall:
 
1.      Determine if Reasonable Suspicion exists as outlined by the Drug and Alcohol Testing- Establishing Reasonable Suspicion Checklist (MP-9052).
 
a.       Document the incident (what was observed, what occurred, what actions were taken) using the Drug and Alcohol Testing - Establishing Reasonable Suspicion Checklist (MP-9052). Forward the checklist to the Internal Affairs Unit.
 
2.      Provide the Employee a copy of their respective Drug and Alcohol Policy.
 
3.      Provide the Employee the Drug and Alcohol Testing - Notification and Consent form (MP-9050)before requesting the Employee to undergo drug or alcohol testing.
 
4.      Request that the Employee sign the Drug and Alcohol Testing - Notification and Consent form (MP-9050).
 
a.       The Consent form must be signed before proceeding. Employees have the right to refuse to undergo drug or alcohol testing requested or required by the Employer, subject to disciplinary action as outlined in their respective Drug and Alcohol Policy.
 
b.      If the Employee refuses to sign the form,
 
i.        No such test shall be given.
 
ii.      The IAU designee will indicate on the form the Employee’s refusal to sign.
 
iii.    The IAU designee shall then sign and date the form.
 
iv.    The form shall be retained by the Internal Affairs Unit.
 
v.      Refer to the applicable Drug and Alcohol Testing Policyfor actions to be taken after refusal to sign.
 
5.      If the Employee consents to testing, the Employee shall not eat, drink, smoke or use restroom facilities until the Collector is present. Failure to supply a valid test sample with a certified result constitutes a refusal to undergo testing.
 
6.      If the Employee consents to testing, determine the collection site.
 
7.      Assign an Escort to transport the Employee to the collection site and remain with the Employee until the sample is taken through a non-witnessed collection.
 
8.      If testing occurs, notify the Health and Wellness Coordinator via e-mail, including the following information:
 
·         Notification that a drug and alcohol test has been conducted;
·         The involved employee’s name and employee ID number; and
·         The date of the test.
 
10. If testing occurs, forward a copy of the Drug and Alcohol Testing - Establishing Reasonable Suspicion Checklist to the Health and Wellness Coordinator.
 
11. Refer to the applicable Drug and Alcohol Testing Policyfor actions to be taken after testing.
 
12. The Internal Affairs Unit shall notify the Employee of his/her test results, whether positive or negative.
 
13. The Internal Affairs Unit shall be responsible for maintaining the signed originals and the test results.
 
C.    Off-Site Collection Procedure
 
Monday through Friday, 0730 to 1700 (no holidays) drug and alcohol testing shall be done at the designated clinic.
 
When Reasonable Suspicion for drug and alcohol testing has been established and the Employee has consented to testing, the following shall occur:
 
1.      The Escort shall accompany and maintain visual contact of the Employee and ensure that the Employee does not eat, drink, smoke or use the restroom until the Collector is present. Failure to supply a valid test sample constitutes a positive result.
 
2.      The IAU designee shall call the designated clinic to request “Reasonable Suspicion Drug and Alcohol Testing,” schedule the collection, and provide the following information:
 
·         Employee’s name (to be tested);
·         Employee’s badge number;
·         Department (MPD);
·         Name of Escort Officer;
·         Direct contact number for Escort Officer;
·         IAU designee’s name (requesting test);
·         IAU designee’s telephone number.
 
3.      The Escort and Employee will provide the clinic a photo ID upon check in.
 
4.      Employee will be asked to sign clinic provided forms. (e.g. Patient Registration and Chain of Custody).
 
5.      The sample shall be taken through a non-witnessed collection.
 
D.    On-Site Collection Procedure
 
Evenings, nights, weekends, and holidays, drug and alcohol testing shall be done at City Hall, a Precinct headquarters or the Special Operations Center.
 
·         In the event that there is unusual activity around the collection site, the IAU designee should alert the Collector and may arrange for other transport.
 
If the Employee is brought to a facility such as an emergency room for care, testing of the sample shall still be performed by the designated clinic.
 
When Reasonable Suspicion for drug and alcohol testing has been established and the Employee has consented to testing, the following shall occur:
 
1.      The Escort shall accompany and maintain visual contact of the Employee and ensure that the Employee does not eat, drink, smoke or use the restroom until the Collector is present. Failure to supply a valid test sample constitutes a positive result.
 
2.      The Escort shall transport the Employee to and from the collection site.
 
3.      The IAU designee shall call the designated clinic to request “Reasonable Suspicion Drug and Alcohol Testing,” and schedule the collection.
 
If a representative does not answer, leave a voicemail indicating the need for a Collector to perform a drug and alcohol test for the Minneapolis Police Department. In addition, provide the IAU designee’s contact information and the location of the collection site.
 
      Note: Phone calls will be returned within 15 minutes. The Collector will be on-site within one hour of the initial phone call.
 
4.      When speaking to the Collector, provide the following:
 
·         Employee’s name (to be tested);
·         Employee’s ID number;
·         Department (MPD);
·         Name of Escort Officer;
·         Direct contact number for Escort Officer;
·         The collection site;
·         IAU designee’s name (requesting test);
·         IAU designee’s telephone number.
 
5.      Escort and Employee will provide the Collector with a photo ID.
 
6.      Employee will be asked to sign forms provided by the Collector.
 
7.      The sample shall be taken through a non-witnessed collection.

 

Last updated Apr 5, 2016