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Drug-Free Workplace Policy and Program Template

Minnesota Drug Testing Laws and Regulations

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.
Important 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.
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    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Global Business Support System Inc. DBA TestCountry.

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