| 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: |
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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withdrawn after testing.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.
PASS A DRUG TEST IN MINNESOTA
