Drug and alcohol testing is an area generally governed by state law, so getting the drug testing facts is vital for employers. For some specific industries, workplace drug screening is mandated by federal law; however, drug testing for marijuana and other intoxicants can be instrumental in an employer's efforts to control abuse in the workplace, regardless of whether the employer is required to do so. Employers must also consider the value of programs for drug abuse rehabilitation and rehabilitation for abuse of other substances in assisting and retaining valuable employees. Drug Testing
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.