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:
• The employees or applicants subject to testing
• The circumstances under which testing may be requested or required
• The right of the employee or applicant to refuse to undergo testing and the consequences for such refusal
• The disciplinary actions that may be taken based on a confirmed positive test result
• The right of the worker, employee, or applicant to explain a confirmed positive result or to request and pay for a confirmation test
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:
• There is reasonable suspicion the employee is under the influence of drugs or alcohol.
• The employer reasonably suspects that the employee has violated a written work rule regarding the possession, use, or sale of drugs or alcohol.
• The employer reasonably suspects that the employee has caused a work-related accident or injury.
• During an annual physical, with 2 weeks' notice.
• If an employer has referred an employee for chemical dependency treatment, the employer may require testing without prior notice ...