Minnesota has a comprehensive drug testing law. An employer cannot request or require an employee or applicant to undergo drug or alcohol testing unless the testing is done pursuant to a written testing policy that complies with the statutory requirements. The written policy must include:
An employer may not require a test on an arbitrary or capricious basis. The law covers both private and public sector employers (MN Stat. Sec. 181.950 et seq.).
Applicants. The law allows drug testing of applicants if the employer has conditionally offered the individual a job and requires testing of all applicants for that position. If the employer withdraws the job offer, the applicant must be told why.
Employees. The law permits testing of employees under the following circumstances: