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Minnesota Drug Testing Compliance

Minnesota

Legal status for workplace drug screening and alcohol testing

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Our intent is to make Minnesota drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Minnesota.

Minnesota is a “mandatory” state, which means any private employer wishing to conduct drug and/or alcohol testing of non-regulated employees within this state must do so according to the state constitution, statutes, regulations, local ordinances, and court decisions that apply.

These rules are extremely detailed. Employers are, in some aspects of their program, limited in which drugs they can test. In others, unrestricted and open (random testing or discipline). The Minnesota courts have taken a very stern view of any rule violations,. Employers must be very careful as they design and implement any testing program.

This overview is to introduce you to the nature and history of Minnesota’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: Must be written, provide a copy to each employee or applicant and post policy.
Q2: Please choose a reason for drug and alcohol testing:
Yes
Yes, post-offer
No (but must have facts)
No - Part of Reasonable Suspicion.
Yes - Safety positions only.
Yes - No more than once per year.
Yes - limited to between 90 days to 1 year.
Q3: Are there any state requirements for test methods?
A: All types of testing permitted with restrictions, post-offer only for applicants.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Amphetamines including ecstasy, cocaine, marijuana, opiates, and PCP.
Q5: Are there any state requirements or limitations for specific notice of result?
A: Must provide employees and applicants written notice of testing. Job applicants must be provided notice upon hire and before any testing.
Q6: Is it required to use a Certified Laboratory?
A: NIDA” SAMHSA/CAP/state of New York approved.
Q7: What types of specimens can we test for?
A: No restrictions.
Q8: Are there restrictions for Alcohol Testing?
A: All testing must take place at a certified laboratory.

Minnesota Drug & Alcohol Testing Laws

This law was enacted in 1987, making it among the oldest such laws in the country. This law applies to any person or entity located in or doing business in this state and having one or more employees. The restrictions include the state and all political or other governmental subdivisions of the state. Sec. 181.957 specifically excludes those who perform work under federal rules.

The 8th Circuit Court of Appeals has ruled that the Minnesota Mandatory Law can apply to employees operating in other states when the employee or employer has some contact with Minnesota.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. Can I do a random testing for my employees in Minnesota?

Correct!

Answer is “Yes”

Note: there are restrictions

In Minnesota an employer may request or require employees to undergo drug and alcohol testing on a random selection basis ONLY if:

  • they are employed in safety-sensitive positions.
  • they are employed as professional athletes if the professional athlete is subject to a collective bargaining agreement permitting random testing, but only to the extent consistent with the collective bargaining agreement.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

Minnesota Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Minnesota personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: On May 29, 2014, Governor Dayton signed into law legislation permitting the medical use of marijuana. It states in the law that employers are not required to accommodate marijuana use at the workplace or allow employees to work under the influence of marijuana. It further states that employers may fire employees for testing positive for marijuana on a drug test even if the user was off duty and had a valid marijuana medical card.

It is advisable to have a company substance abuse (testing) policy that is clear and completely informs employees what the rules are of your workplace. Employers must consult with their appropriate advisors to determine to the impact of the Minnesota medical marijuana use law, Sec. 12, Subd. (c), on their testing policies and procedures.

Personal Use: Previous attempts to legislate the personal use of marijuana in this state have failed.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases.

N/A

N/A

N/A

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