Minnesota Department of Corrections

 

Policy:                         103.016                                   Title:   Pre-Placement Physical Exam

Issue Date:                 9/5/06                                                  and Drug Testing

Effective Date:           10/3/06

 

AUTHORITY:           Minn. Stat. §241.14

 

PURPOSE:     To ensure all employees are capable of performing the essential job functions of their position.

 

APPLICABILITY:     All department employees.

 

POLICY:        Physical examinations, drug tests and tuberculosis screening are job qualifications.  Positions with essential functions requiring physical qualifications, work directly with offenders and/or are housed in correctional facilities, security units or halfway houses will require a conditional job offer until pre-placement examinations, tuberculosis screening and/or drug testing are successfully completed.  When a position is determined to have no essential functions that require physical job qualifications, no further medical screening is required.

 

DEFINITIONS:

Clinic - a department contracted occupational health clinic.

 

Conditional job offer - an offer of employment contingent on successful completion of specific job requirements.

 

Confirmatory test/confirmatory re-test - a drug or alcohol test that uses a method of analysis approved by the Commissioner of the Department of Health (Minn. Stat. §181.953, subd. 1) that is considered reliable for providing specific data as to the drugs, alcohol, or other metabolites in the test sample.

 

Correctional Employees Retirement Plan (CERP) - the retirement plan available to employees who work directly with offenders in correctional facilities (see Policy 103.245, "Correctional Employee Retirement Plan (CERP) Administration and Process for Evaluating and Recommending Potential Positions for Coverage").

 

Dilute urine specimen – specimen with creatinine and specific gravity values that are lower than expected for human urine.

 

Drug - any controlled substance as defined in Minn. Stat. §152.01, subd. 4.

 

Drug and/or alcohol testing - the analysis of a body component sample according to the standards established under Minn. Stat. §181.953, subd. 1, for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the test sample.

 

Employee – a candidate who has received a conditional job offer.

 

Initial screening test - a drug or alcohol test that uses a method of analysis approved by the Commissioner of the Department of Health (Minn. Stat. §181.953, subd. 1) that is considered capable of providing data as to general classes of drugs, alcohol or their metabolites.  All initial appointments to positions that are covered by the Correctional Employee's Retirement Plan are required to have an initial screening test.

 

Positions with physical ability standards - those in which the essential functions of the position require measurable physical skill.  The following is a complete list of the jobs (specific assignments in a job classification) that require physical exams:

A.        Corrections Officers

B.         Trades/Maintenance:  Job classes assigned to Bargaining Units 202, 203, 207

C.        Corrections Manufacturing Specialist:  (all options)

D.        Sentence to Service

E.         Nurses:  Registered Nurse Advanced Practice, Registered Nurse, Registered Nurse Senior, and Licensed Practical Nurse 2

F.         Special Teachers:  All Vocational and all Correctional Teaching Assistants

G.        All job classes not listed above that are covered by the CERP.

 

Positive test result - a finding of the presence of drugs, alcohol, or their metabolites in the test sample in levels at or above the threshold detection levels as contained in Minn. Stat. §181.953, subd. 1.

 

 Pre-placement examinations - are conducted after an offer of employment but prior to placing the employee in a specific position.

 

PROCEDURES:

A.        Physical Exam

1.         To establish a new physical exam for a job classification, appointing authorities must request that Human Resources Management (HRM) assess and document the physical requirements of the job.  HRM will determine whether this is completed internally or if a qualified occupational health provider will make the assessment.

 

2.         For all job classifications requiring physical exams, HRM will provide the employee with the Reasonable Accommodation Policy (see Policy 103.310, "Reasonable Accommodation.")

 

3.         HRM may schedule or will direct the employee to schedule an appointment for a physical exam with a clinic. 

 

4.         The clinic will administer the exam and contact HRM if additional follow-up testing is necessary.

 

5.         The clinic will prepare a written report of the exam results and send a copy to HRM and to the employee.

 

6.         HRM will file the exam results in the employee's medical file and:

a)         If the exam was passed, HRM will notify the employee and the supervisor.

 

b)         If the exam was not passed, HRM will notify (in writing) the employee and the supervisor that the job offer is rescinded because the employee did not meet all of the qualifications for the position.

 

c)         If the employee requests an accommodation under the Reasonable Accommodation Policy (see Policy 103.310, "Reasonable Accommodation"), the Human Resources Director will follow the policy.

 

B.         Tuberculosis Screening - tuberculosis screening is required for all positions in corrections facilities, security units, or halfway houses.  See Policy 105.180, "Tuberculosis Control for Applicants, Employees, Contractors, Volunteers, and Students."

 

C.        Drug Testing

1.         Drug tests will be administered for all employees who work directly with offenders assigned to a correctional facility (this includes all CERP covered positions).

 

2.         All employees subject to a drug test will be provided a copy of this policy.

 

3.         Drug tests will be administered through a clinic that adheres to all Minnesota Statutes regarding employment drug testing.

 

4.         The appointing authority will pay for the initial screening test.

 

5.         The clinic will provide employees with information regarding their rights in the drug testing process.

 

6.         If an employee refuses drug testing or refuses to sign the consent form (attached) or otherwise fails to cooperate with the clinic, the job offer will be withdrawn.

 

7.         The clinic will notify HRM of the results of the drug test.

 

8.         HRM will notify the employee of the results of the drug test and:

a)         If the results are negative, HRM will notify the employee and the supervisor that this qualification for the position has been met.

 

b)         If the results are negative, but dilute, the employee will be directed to take a second test and be given the minimum possible advance notice before providing a second specimen.  If the results of the second test are negative, but dilute, it will be considered a valid negative test.  The second test will become the test of record.

 

c)         If the results are positive, HRM will notify the candidate and the supervisor in writing that the job offer is rescinded because the candidate does not meet all of the qualifications for the position, citing this policy and the candidate's rights.

 

d)         If the results are positive, but dilute, HRM will notify the employee and the supervisor in writing that the job offer is rescinded because the employee does not meet all of the qualifications for the position, citing this policy and the candidate’s rights.

 

9.         An employee with a positive drug test may elect to have a confirmatory retest of the original sample, at his/her own expense.  If the confirmatory test results are the same as the original results, the employee will not have met the drug test qualification for the job.

 

10.       Positive results on a confirmatory test or results of any test that the clinic reasonably believes to have been tampered with by the employee will result in the job offer being rescinded.

 

11.       Employees whose conditional job offers have been rescinded due to drug testing will not be reconsidered for employment for 12 months from the date of testing.

 

D.        A copy of this policy is posted on the department policy website.

 

REVIEW:       Annually

 

REFERENCES:         ACA Standards 4-4062, 4-4063, 3-JTS-1C-16, 3-JTS-1C-17, 1-ABC-1C-06, 1-ABC-1C-09, 1-ABC-1C-13, 2-CO-1C-19, 2-CO-1C-20, 3-3059, 3-3060, 2-7037.

Policy 103.215, “Alcohol & Other Drug Use.”

Policy 103.310, "Reasonable Accommodation."

Policy 105.180, "Tuberculosis Control for Applicants, Employees, Contractors, Volunteers, and Students."

Policy 103.245, "Correctional Employment Retirement Plan (CERP) Administration and Process for Evaluating and Recommending Potential Positions for Coverage."

Policy 103.240, "Return to Work Program."

Division Directive 301.145, "Special Operations Response Teams (SORT)."

Policy 105.170, "Bloodborne Pathogen Exposure Control Plan."

Federal CDL Drug and Alcohol Testing Policy.

Minn. Stat. §§152.01, subd. 4; 181.953, subd. 1;  363.03, subd. 1.

 

SUPERSESSION:     Policy 103.016, “Pre-Placement Physical Exam and Drug Testing,” issued and effective 5/2/06.

All facility policies, memos, or other communications whether verbal, written, or transmitted by electronic means regarding this topic.

 

ATTACHMENTS:    General Drug Screen Test Consent Form  103.016A

 

/s/

Dennis L. Benson, Deputy Commissioner

Facility Services

 

Harley W. Nelson, Deputy Commissioner

Community Services