State: Minnesota
Statute of Order: Minn. Stat. §181.950 et seq.
Covered Employers: Public and private employers.
Applicant Testing: Applicant testing authorized, pursuant to employer's written policy and with advance notification of applicant, only after offer of employment has been made and only if all candidates for job are tested.
Employee Testing: Employee testing authorized after an accident, as part of an employee assistance program, when there is reasonable suspicion of substance abuse, or part of annual physical exam, provided employee has two weeks' advance notice. Random testing authorized of employees in safety-sensitive jobs. Employer may suspend or transfer employee testing positive pending outcome of confirming test. Discharge authorized only if employee refuses or fails to complete treatment.
Conditions & Methods: Testing only by certified laboratory, documentation showing chain of custody, and confirming test in case of positive findings. Confidentiality of test results.
Pass Drug Testing Bulletpoints:
  • The employer must provide a written drug and alcohol testing policy that is in compliance with the Authorized Drug and Alcohol Testing statute of the State of Minnesota. However, employers are not charged with a legal duty to require drug and alcohol testing to their employees as authorized by law.
  • Employees have the right to refuse drug testing but are nevertheless subject to compliant employment action as per the employer’s policies. Refusal to undergo testing for chemical dependency does not make an employee ineligible to workers’ compensation or unemployment benefits.
  • Apart from safety sensitive positions random drug testing may be performed only for professional athletes and only in accordance to any existing collective bargaining agreements applicable for said athlete if such agreement permits random testing.
  • The costs of medical examination required by employers to their employees or applicants as a prerequisite or condition of employment is payable by the employer. In the case of a confirmed positive test and the employee requests for a confirmatory retest, which should be done within 5 days, the full cost of the retesting shall be at the employee’s expense.
  • First time offenders must be given the opportunity to participate in an employee assistance program if provided by the employer or, as an alternative, a suitable drug or alcohol rehabilitation program at the employee’s expense.
  • An employee who was previously diagnosed as chemically dependent or has failed to complete a treatment program or otherwise control the dependency may be discharged for employment misconduct. The employee would thereby be denied of his or her unemployment benefits.
  • 10 Things to Know To Pass A Drug Test In Minnesota

    1. Mandatory Requirement

    The State of Minnesota is a ‘Mandatory’ State meaning that a well-etched State Law governs the gamut of drug, alcohol, or various similar tests chosen to be conducted by an employer.

    2. Clear Policy

    Under the aegis of the Minnesota State law, an employer must ensure that he has a clearly stated and written policy. More importantly, each one of the applicants or employees must have seen this policy and the employer must have acknowledgement of the same.

    3. Notification

    An employee must send in a written notice to all the employees, applicants, as well as, transfers. Unlike other mandatory States, Minnesota does not specify any time limit within which the notice is to be sent. The policy notice must be duly posted in locations that are conspicuous and also make a mention of the places where the whole policy could be inspected.

    4. Conducting the Test – Labs

    On-site testing is not permissible under Minnesota Drug Testing Laws and Regulations. The tests must be conducted at the various approved labs throughout the State.

    5. The ‘When’ of Tests

    There are various facets to ‘when’ you can conduct the drug and alcohol tests. After an offer of employment has been made a test can be conducted, and the due information must be given to the applicant if the offer is withdrawn after testing.

    Random testing is permitted for safety sensitive jobs. Also, if reasonable suspicion exists that a person has violated the specific policy of the work place, when working on the premises, tests can be conducted on the person. There are also various other cases which permits drug and alcohol testing.

    6. Costs and Consequences

    The cost of the entire exercise must be borne by the employer, except the cost of retesting the sample or any associated costs of treatment. Before taking any step post the first positive result, the employer must confirm all the initial screen results. A positive drug or alcohol testing result might affect the eligibility of the concerned person under the employment laws of the State and also under the State’s workers compensation.

    7. What is the Drug to be tested for?

    This could be any controlled substance, and there are no specifications for the same

    8. Specifications Regarding the Conduct of the Tests

    As aforementioned, all tests must be conducted by an approved lab. A person can also ask for a retest if he/she doubts the veracity of the initial results. The cut-off levels that were applied in the original test will be a part of the retest. If it is alcohol testing then a blood sample can be used.

    9. Written notice of Testing Positive

    An employer must give the concerned employee, applicant or transfer a written notice of the person having been tested positive and the notice must also give an explanation of the various rights of the employee regarding the process of testing.

    10. Minimum Time to Give Notice

    An employee must be given the written notice to the concerned person within 3 days of having received the lab result.

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