Understanding Minnesota Drug Testing Laws: All You Need to Know
Summary of Minnesota State Drug Test Laws
Overview of Minnesota’s Drug Testing Laws
Due to the numerous drug testing options for employers to choose from, Minnesota employers are urged to develop drug-testing policies and procedures that adhere to the requirements of the Minnesota Drug and Alcohol Testing in the Workplace Act (the "Act"). The Act is the general framework for drug testing in Minnesota and covers both public and non-public employers.
The Act does not apply to Minnesota employers who employ an average of fewer than 21 employees, and also does not apply to employers with less than half of their Minnesota workforce – or, if the employer has two or more locations, fewer than half of the employer’s total workforce in Minnesota – located at a Minnesota location. Similarly, the Act only applies to applicants and employees of the employer’s Minnesota locations . Employers covered by the Act may still be subject to additional laws regulating drug testing. For example, the U.S. Department of Transportation regulates drug testing for transportation and safety-sensitive occupations that require federal licensing.
The Act does not expressly prohibit employers from implementing pre-employment screening policies that are not conducted as part of a drug testing program. Rather, the Act permits Minnesota employers to implement applicant-screening tests that are not intended to be a component of an employer’s drug-testing program. Because the Act does not define "screening test," it is important to note that screening tests typically refer to instantaneous or onsite tests that can be administered by the employer or a third party, rather than a laboratory.
Minnesota Drug Test Types
All types of drug tests are allowed in Minnesota. Drug tests required by law enforcement, such as roadside tests and blood tests obtained pursuant to search warrants, are permitted and governed by search and seizure laws. Similarly, drug tests required by the Minnesota Department of Transportation, such as blood tests that result from accidents, are expressly permitted by statute.
Drug testing in the workplace is also permitted, although the law that requires safety-sensitive employees to be tested for alcohol and drugs does not expressly require that the test be a urine test. The Minnesota legislature has never addressed whether or not a urine test is the only legally acceptable test for alcohol and drugs.
Most Minnesota employers who implement a random drug testing program use urine tests. Nonetheless, Minnesota employers have a variety of breath, saliva, and hair tests available to them if they think one or more of those tests would be more useful.
Minnesota Employee Rights Regarding Drug Testing
Employee rights during a Minnesota drug test
Drug tests are commonly required by most Minnesota employers. Generally, after providing a good reason to test for drugs or alcohol, employers are permitted to require that applicants or employees undergo such testing. However, there are several limits on how employers can conduct testing and what they can do with a test’s results.
First, an employer must get the consent of the employee before testing may occur. Consent is not effective unless two conditions are met: 1) it is in writing, and 2) it is not a condition of employment for an employee to sign it. Many lawful employers retain signed consent forms as part of a personnel file.
Even if an employee gives consent, employers cannot discriminate against workers because they are taking medication that is used to treat a physical or mental impairment. Furthermore, even when drug tests are not used for welfare benefit programs, they must be administered in a manner that ensures the tests are accurate.
Employees undergoing drug testing have the right to refuse. Employers generally cannot fire an employee simply for refusing a drug test. Employees should be aware that refusing a drug test is often considered job abandonment, which likely does allow an employer to terminate employment.
Minnesota Employer Requirements and Responsibilities
Doing so protects your legal interest, and might find that your applicant is not a suitable candidate anyway.
- Notice: Minnesota requires that notice be provided to applicants or workers of any drug and alcohol testing. Such notice must be made, in writing, at least three days prior to any testing. The notice must include the name(s) and address(es) of testing locations, and the day and hours of operation of the testing facilities. The notice must contain information on any worker’s compensation insurance.
- Testing Results: Minnesota requires that an employee be provided written notice of drug test results, if they are positive. Employers are required to provide an employee with written notice of the results of any positive drug test (within 3 days of the determination). The employee must also be told of their rights regarding the positive drug test result, along with the procedures for review of the test results. This includes notifying the employee of the right to obtain the "scientifically accurate copies of the employee’s completed positive test records.
- Independent Testing: Every Minnesota employee has the right to have a confirmatory test done at their own expense. If an employee tests positive for drugs, they then have the right to have the specimen selected for testing by the employer tested by a different laboratory at their own expense. This test must be performed within 90 days from the date of notice of the positive test result. The employer is required to give the employee the identification of the testing laboratory used to conduct the initial test, along with the identification of an independent laboratory that is secure and accurate.
If an employee can show that a test was not administered properly, then it is up to the employer to show that appropriate procedures were followed, and that the employee used prohibited drugs.
How To Drug Test Employees in Minnesota?
Employers have many tools at their disposal for testing and screening employees for drug use. These include: serologicals, urinametric, gas chromatography, high performance liquid chromatography, and thin layer chromatography. While each tool has some pros and other cons, most employers use urine as a means of procedure.
Urine tests can be done for either individual drugs or for broad classes of drugs. There are hundreds of laboratories in Minnesota that can perform drug tests.
After testing, the specimens are sent to a laboratory certified in drug analysis by the Department of Health & Human Services in Minnesota.
If you are an employer that is looking to perform drug tests, it may be a good idea to retain the services of an attorney or human resource specialist. This will help ensure that all of your procedural requirements are met. The risk of non-compliance with Minnesota drug testing laws puts your business at risk of an action in court, against your company, for violation of Minnesota drug testing law.
Consequences of Being Failed for a Drug Test
Employees who fail drug tests in Minnesota risk a range of consequences, but these can vary widely depending on the policies and practices of their specific workplace. In most cases, companies will have disciplinary procedures outlined in their employee handbooks or policy documents that specify exactly what the penalties for failing a drug test are. Consequences may include suspension, demotion, and in some cases, termination. Minnesota is an employment-at-will state, meaning that employers have the legal right to terminate employees for any reason, so failing a drug test could trigger such a termination.
Certain guidelines do exist for addressing, disciplining and potentially terminating employees who have violated an employer’s drug policy, but they may not apply to all workplaces, and even where they do, employers may have discretion as to how strictly they implement these guidelines. Detailed pre-disciplinary procedures may be required before an employer can impose discipline for certain actions, such as a drug test failure. However, these requirements may not apply in all cases, particularly for drug tests performed based on reasonable cause, return to duty, follow-up, and random protocols, or for certain jobs where rigorous standards are in place by contract or collective bargaining agreement.
In any case , employers need to make sure they are in compliance with Minnesota’s regulations so that they are not inadvertently violating the terms of their own policies or potentially subjecting themselves to legal issues. Otherwise, the employer may end up setting itself up for liability. For those tested by an employer’s lab, the presence or absence of guidelines outlining the procedures that must be followed when a result comes back positive or diluted will play a big role in the steps the employer must follow.
The Minnesota Department of Human Services provides important information about the state’s drug testing laws. Employers are encouraged to contact the department for potential guidance, as the department has a large amount of accessible information regarding drug testing.
Employers should be familiar with Minnesota’s drug policies, and have a complete understanding of the guidelines and limitations associated with permitting drug testing. There may be instances in which an employee can challenge the results of a drug test, such as if the employee insists that there was a lab error.
As an at-will state, more employees could potentially be placed at risk of termination due to failed drug tests (and hastily applied zero-tolerance policies) than in states where employment contracts exist with unions or private employees.
Minnesota Drug Tests and Recordkeeping
Part of the rationale for drug testing is to participate in and enhance workplace safety initiatives. The goal of every workplace is a safe work environment where employees can perform their duties without worrying about the effects of drugs and alcohol on the performance of their coworkers. Substance abuse is known to decrease employee productivity, which can raise costs and limit profit potential. Refusing to drug test employees is not a wise decision – and may be detrimental to your business – even if your company does not conduct random drug testing.
As an example of how refusing to drug test may backfire, an untested employee who causes an accident may claim that he or she was under the influence of drugs at the time of the accident, and hold your company responsible for allowing them to work despite being under the influence. There are countless examples of employees claiming that they were high at the time of an accident when they were never tested. In Minnesota, employers can proactively minimize this exposure by consistently drug testing employees and treating all employees the same during random drug testing.
Current MN Drug Test Law Developments and Changes
The Minnesota drug testing law was enacted on August 1, 1998. Since that time there have been a few minor changes to the law but nothing of significance. The updates to the law are outlined below. In 2003 the law was amended to include bottled urine specimens as an acceptable means of drug screening in lieu of approved collection facilities for pre-employment testing. In 2003 the statute of limitations for a violation was shortened from three years to one year. In 2009 the medical review officer concept was updated to more closely align with the federal policy as well as to provide guidance with respect to alcohol testing. The law now includes provisions for an alcohol testing policy. It also incorporates some of the sampling and testing protocols included in the federal policy. Finally, in 2014, the random testing provisions of the law were simplified and streamlined.
Minnesota Drug Testing Legal Issues and Controversies
The landscape of Minnesota drug testing laws is not without its controversies. Debates have persisted over the ethics and legality of drug tests, especially in workplaces that may disproportionately affect certain demographics or exacerbate existing inequalities.
One key case that defined the current legal framework was State v. Edgerly, where the Minnesota Supreme Court upheld a city ordinance requiring drug testing for employees in safety-sensitive positions. The court rejected the argument that the ordinance constituted unreasonable search and seizure, setting the stage for public sector employers across the state to implement similar testing policies with a degree of predictability.
Debates also erupted after the implementation of Minnesota’s "Model Drug Testing Policy," which laid out a standardized approach for public employees. Critics argued that standardization failed to account for the specific needs of different government departments, while also potentially encroaching on employees’ personal liberties. The Minnesota Public Employee Labor Relations Act (MPERA) does not encompass employees covered by chapter 43A . Employees covered by chapter 43A do not have the right to bargain the implementation of a drug testing policy with their Employer, and must depend upon the test procedure promulgated by the Commissioner under Minnesota Statutes ยง 181.951, subd. 1.
On the other side of the aisle, public opinion has been sharply divided on whether drug testing is an effective and fair solution for drug abuse in the workplace. Proponents argue that drug testing acts as a deterrent and helps maintain a safer work environment, while detractors note that drug testing only captures a certain subset of drug use (typically urine-based tests only cover a limited range of substances and usage times) and fails to address the underlying causes of drug use among employees.
The controversies over Minnesota drug testing laws demonstrate the challenges of balancing the need for safe workplace environments with the rights of individual employees. As the conversation continues, both legislators and employers must grapple with issues of science, ethics, and politics. As a result, Minnesota drug testing laws remain a dynamic and contested area, subject to new interpretations and a continually evolving legal landscape.