AFSCME Contract - MMB Home - Minnesota Management & Budget

A supervisor requesting a drug or alcohol test must have successfully completed training
developed or approved by Minnesota Management & Budget on drug and alcohol abuse, on
how to recognize impairment on the job, on how to make a reasonable suspicion determination,
and on the Employer's and/or Appointing Authority's written work rules. The Joint Oversight
Committee shall review all reasonable suspicion determinations with negative test results. The
Employer agrees to allow the Union to review the training prior to implementation.
4. REFUSAL TO UNDERGO TESTING
Employees do not have the right to refuse to undergo drug and alcohol testing. If an employee
refuses to undergo drug or alcohol testing required by the Appointing Authority, or who is found
to have adulterated the sample, the employee shall be deemed to have violated the relevant
prohibitions in the regulations. Consistent with federal regulations, in order to be eligible to
return to safety-sensitive duties for any employer, the employee must follow the process of
Substance Abuse Professional (SAP) referral, treatment, return to duty testing and follow-up
testing as if the test were positive.
5. RIGHT TO UNION REPRESENTATION
An employee is entitled to Union representation pursuant to Article 16, Section 2 prior to any
reasonable suspicion test. When the physical presence of a union representative is not
practicable, the employee shall be allowed to confer with a union representative by telephone.
Local Unions shall provide Appointing Authorities with the names and phone numbers of
representatives who can be called to provide representation in such cases.
6. RIGHTS OF EMPLOYEES
An employee, for whom a positive test result on a confirmation test was the first such result on
a drug or alcohol test required by the Appointing Authority shall not be discharged if:
1. The Appointing Authority has first given the employee an opportunity to participate in either
a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as
determined by the substance abuse professional trained in the diagnosis and treatment of
chemical dependency; or
2. If a determination has been made by the substance abuse professional trained in the
diagnosis and treatment of chemical dependency that no counseling or rehabilitation
program is necessary. However, an employee who has either refused the offer to
participate in the counseling or rehabilitation program, or has failed to successfully
complete the program has no such protection against discharge.
Expenses for the above stated rehabilitation or counseling program shall be pursuant to
coverage under a state employee benefit plan or any other insurance plan the employee is
covered under.
In addition, employees have the following rights:
1. The right not to be discharged, disciplined, discriminated against, or requested or required
to undergo rehabilitation on the basis of a positive test result from an initial screening test
that has not been verified by a confirmation test;
2. The right not to be discharged, disciplined, discriminated against, or required to undergo
rehabilitation on the basis of medical history information revealed to the Medical Review
Officer concerning the reliability of, or explanation for, a positive test result;
2013-2015 AFSCME Contract – Page 180