Minnesota – State Law Drug & Alcohol Testing Issues at a Glance

PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.

1) Workers Compensation Voluntary Premium Reduction State (if yes see below)
2) Employers Covered by Federal Drug Free Workplace Act
3) State Constitution Privacy Provision
4) Penalties and Remedies for Employer Non-Compliance
5) Significant Testing Restrictions
6) Disability Coverage
7) Drug and Alcohol Testing Restrictions
8) Worker’s Compensation Disqualification Laws
9) Unemployment Compensation Disqualification Laws
10) Alcohol Cut-off Levels
Not Specified 
11) Substances Allowed for Testing
1) Amphetamines; (2) Cannabinoids; (3) Cocaine; (4) Phencyclidine (PCP); (5) Opiates or a metabolite of any of the above substances; and (6) Alcohol. 
· Substances Cut-off Levels
Not Specified
12) Drug Specimen Types
Urine, blood hair
13) Types of Drug Testing and Restrictions
· Pre Employment
Allowed but not required
· Reasonable Cause
Allowed if there’s reasonable suspicion
· Random
Allowed for safety sensitive jobs
· Post Accident
Allowed if reasonable cause exists
· Follow-up Testing
Allowed but not required
14) Restrictions on Types of Workplace Drug Tests
15) Collection Procedures
· Generally
· Observed Collections
Prohibited unless there is reason to believe the original sample has been adulterated
· Split Specimen
Not Specified 
16) Drug Testing Falsification Law
17) Point-of-Collection Device
· Urine
· Oral Fluids 
18) Safety-Sensitive Restriction
19) Laboratory Based Testing
· Laboratory Certifications
· Oral Fluids
· Hair Testing
Not Specified
20) Notification of Test Results
Employers must give written notice to employees of a test result within three days. Employers must give employees or applicants written notice of their right to explain the positive result by disclosing any over- the- counter or prescription drugs or other medical information that might cause a false positive test result. Individuals have 3 working days to submit this information from receipt of the test result. Employee must be given access to information in the employee's personnel file relating to positive test results and other information acquired in the drug and alcohol testing process and conclusions drawn from and actions taken based on the reports or other acquired information.
21) Rehabilitation Requirements
Required.  Services paid for or provided by an employer and offered to employees or their family members on a voluntary basis. The services are designed to assist in the identification and resolution of productivity problems associated with personal concerns. Services include, but are not limited to, assessment; assistance; counseling or referral assistance with medical or mental health problems; alcohol or drug
22) Retest Required
23) Wage Payment Requirements
Employer Responsibility
24) Disciplinary Action Restriction
25) State CDL DMV Reporting
26) State Medical Marijuana Laws
27) Union Agreements
28) Unique to State Issues
29) State Enforcement Agency
30) Web Resources
31) Significant Case Authority

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This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."

PocketPart40 Editors:

Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP, who is licensed to practice in Alabama and Georgia. or call 334-241-8030

Dr. C.B. Thuss, Jr. is a Certified Medical Review Officer. or 205-283-1040

Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. or 214-697-1249

Minnesota Contributors: