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Drug Testing and Alcohol Testing in Minnesota
Drug testing for individuals is available from National Drug Screening with just one phone call. Our drug testing centers are open daily. To find a drug testing facility in Minnesota for immediate service just call 866-843-4545. Drug screening is available with confirmation testing for non-negative results. Negative drug test results are available within one business day after specimen collection and after a few days for positive drug test results.
Minnesota has some interesting laws regarding drug testing. In Minnesota all drug testing of specimens must be performed at a laboratory. So in Minnesota the use of instant or on site testing commonly called point of collection testing or POCT is prohibited.
Minnesota employers are not required to drug test employees, and they may just decide one day to start drug testing their employees today. Employers may require testing only according to a written testing policy, which must set forth the consequences of testing positive or refusing to take a test. The policy must be posted. The drug free workplace policy should outline clear and concise disciplinary actions for violations of the policy including a refusal to test, a positive drug test and a positive alcohol test.
Employees may be required to take a drug test if the employer has a reasonable suspicion that:
a) the employee is under the influence of drugs or alcohol
b) the employee has violated the employer’s drug policy
c) the employee has been involved in an accident, or
d) the employee has sustained or caused another employee to sustain a personal injury.
An employer may also require an employee to take a drug test as part of a routine physical exam taking place no more often than once a year, as long as the employee has at least two weeks’ notice. An employer may test an employee who has been referred by the employer to, or is participating in, a chemical dependency treatment program. These employees may be tested without notice during treatment and for two years afterward.
Random drug tests are permitted only for employees in safety-sensitive positions and professional athletes.
If an employee tests positive, the employee may request a confirmatory retest within five days. An employer may not discharge an employee for a first-time positive test without offering counseling or rehabilitation. However, an employee who refuses treatment or does not complete the program successfully may be discharged.
The state drug testing law includes significant restrictions on the types of testing that may be conducted, and places specific requirements on drug testing procedures and components of the program. An employer may not discharge an employee solely on the basis of a first-time positive drug test. The opportunity for rehabilitation must be offered. An employer may only inquire about an employee's use of over-the-counter or prescription medications after an employee tests positive on a drug test.
An employer, you may also be covered by U.S. Department of transportation drug and alcohol testing regulations for "safety sensitive" transportation employees must follow the DOT drug and alcohol testing program. Commercial truck drivers are the largest group of employees covered by these DOT regulations. The Federal Motor Carrier Safety Administration ("FMCSA") oversees the implementation of the mandatory drug and alcohol testing rules for commercial drivers and their employer. DOT drug and alcohol testing is not be subject to the strict requirements of the Minnesota Drug & Alcohol Testing in the Workplace Act. For DOT testing, Minnesota employers must follow the DOT requirements for drug and alcohol testing found in 49 CFR Part 40.
Drug testing in Minnesota is available in Saint Cloud, Rosemount, Oakdale, Bloomington, Minneapolis and many other Minnesota cities. National Drug Screening drug testing centers are available in all areas of Minnesota, with newly opened drug testing centers in Saint Paul, Rochester, Duluth and Plymouth. Individuals in Minnesota needing an immediate drug test can call for immediate service.
Minnesota is a U.S. state in the Midwestern United States. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the 32nd state on May 11, 1858.
Most common testing in Minnesota is:
Urine drug testing is the most common screening method and detects recent use, typically within the previous three days. It’s also the only testing method approved for federally-mandated testing. Businesses rely on laboratory-based urine testing for its cost-effectiveness, ability to test for a wide variety of drugs and its long-standing record of legal defensibility.
Hair drug testing typically returns double the positivity rate of urine drug tests, due to its ability to detect a pattern of repetitive drug use for up to 90 days. While urine testing is well suited to detect recent drug use for post-accident or reasonable suspicion testing, a hair test is the most effective way to evaluate long-term patterns of use.
Oral fluid drug testing offers confidential lab-based drug test results from an easy-to-use oral fluid collection method. By using oral fluid instead of urine, donors can collect and cap their own samples on-site and in the presence of a monitor, reducing the likelihood of tampering or a donor challenge later in the screening process.
Drug testing in Minnesota is specifically authorized for job applicant testing, routine physicals, random testing, reasonable suspicion testing and treatment program testing. Employers in Minnesota must have a specific written drug free workplace policy in order to conduct employee drug testing. Having a drug-free workplace program in place is a workplace’s best line of defense against alcohol and drug problems. Specific guidelines must be followed for the Drug Free Workplace (DFW) Policy in Minnesota:
a) The DFW Policy must explain who is subject to testing and when testing may occur
b) The consequences of the drug and alcohol testing policy must be clear
c) The policy must explain employee rights to challenge a test that has been confirmed positive with GC/MS process
d) All employees must get notice of the policy and it must be posted in the employer personnel office
It is important to note that for random drug and alcohol testing in Minnesota, this testing is limited to safety sensitive positions and for professional athletes.
Minnesota Report on Drug Testing Laws
Drug Testing, Legislative Library, St. Paul, NN, 612-296-3398
The state drug testing law includes significant restrictions on the types of testing that may be conducted, and places specific requirements on drug testing procedures and components of the program. An employer may not discharge an employee solely on the basis of a first-time positive drug test. The opportunity for rehabilitation must be offered. An employer may only inquire about an employee's use of over-the-counter or prescription medications after an employee tests positive on a drug test. Minn. Stat. Ann. §181.950 to 181.957 (1997 & Supp. 2006) https://www.revisor.leg.state.mn.us/statutes/?id=181
Employers may request or require employees to undergo random drug and alcohol testing only if (1) they are employed in safety-sensitive positions or (2) they are employed as professional athletes. In the latter case, if the professional athlete is subject to a collective bargaining agreement permitting random testing, testing may be conducted only to the extent consistent with the agreement.
Minnesota Department of Labor and Industry St. Paul, MN 612-296-2342
Benefits may be denied to an employee who has been separated from employment due to a chemical dependency which has been professionally diagnosed; or who is participating in a treatment program; and who is unable to successfully complete treatment as advised. Such action indicates that an employee has not made a reasonable effort to retain employment
Minnesota Department of Labor and Industry St. Paul, MN 612-296-2342
Benefits may be denied if the employee's intoxication is the proximate cause of the injury. The burden of proof is upon the employer.
National Drug Screening will offer to TPA’s and employers in Minnesota a comprehensive review of their policies and procedures for compliance with Minnesota drug and alcohol testing laws, for employees or employers. This is an initial consultation to answer your questions regarding the Minnesota Non-DOT or DOT drug and alcohol testing in the workplace rules and regulations. Minnesota workplace drug testing information is only a phone call away.