State Laws on Drug Testing – Minnesota

Minnesota has a mandatory workplace drug testing law.  This applies only to those employees assigned to work at any Minnesota site. In addition to these rules, all employees must comply with the Company’s general substance abuse policies. Where these rules conflict with the general Company substance abuse policy, these rules will govern. Otherwise, employees must adhere to both. The following provisions apply:

1. Random testing will be for safety sensitive positions only
2. Only a DOT Like 5 panel drug test will be utilized in addition alcohol testing with a sample confirmed at or above 0.02 will be considered a positive and a violation of this policy.  The Company may add substances as evidence of use or customer requirements dictate.
3. All tests will be conducted in a laboratory qualified/licensed under state law; all samples initially positive must be confirmed; reporting results will be made per state law.
4. Alcohol testing will be done by blood at an approved lab; drug testing will be by urine; all tests must be conducted in a lab qualified or certified by SAMHSA, CAP or the state of New York.
5. Testing will be for pre-employment, random (safety sensitive position only), as part of a routine physical and for reasonable suspicion.
6. Reasonable Suspicion is determined when there is “a basis for forming a belief based on specific facts and rational inferences drawn from those facts” that the employee may be under the influence, has violated this policy, has been injured or caused an injury to another, has caused an accident or was operating machinery, equipment or a vehicle involved in an accident.
7. No one testing positive the first time will be discharged unless first given an opportunity to participate in counseling and the individual either refuses to participate or fails to successfully complete the program. Anyone refusing counseling, failing to successfully complete counseling or violating this policy a second time will be terminated.
8. Within 3 working days the Company will notify (in writing) any applicant or employee of their test result (positive or negative) and their rights to explain the result, the right to a retest if positive, limits on discharge and right to have all tests confirmed.

The following terms and phrased shall be a part of the Company Drug Free Workplace Program specifically for applicants or employees living or working in Minnesota.

Confirmatory test; confirmatory retest. “Confirmatory test” and “confirmatory retest” mean a drug or alcohol test that uses a method of analysis provided by lab qualified or certified by SAMHSA, CAP or the state of New York.

“Drug” means a controlled substance as defined in section 152.01, subdivision 4.

Drug and alcohol testing – “Drug and alcohol testing,” “drug or alcohol testing,” and “drug or alcohol test” mean analysis of a body component sample according to the standards established under one of the programs listed in section 181.953, subdivision 1, for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested.

Employee – “Employee” means a person, independent contractor, or person working for an independent contractor who performs services for compensation, in whatever form, for an employer.

Employer – “Employer” means a person or entity located or doing business in this state and having one or more employees, and includes the state and all political or other governmental subdivisions of the state.

Initial screening test – “Initial screening test” means a drug or alcohol test which uses a method of analysis provided by lab qualified or certified by SAMHSA, CAP or the state of New York.

Job applicant – “Job applicant” means a person, independent contractor, or person working for an independent contractor who applies to become an employee of an employer, and includes a person who has received a job offer made contingent on the person passing drug or alcohol testing.

Positive test result. – “Positive test result” means a finding of the presence of drugs, alcohol, or  detection levels provided by lab qualified or certified by SAMHSA, CAP or the state of New York.

Random selection basis – “Random selection basis” means a mechanism for selection of employees that (1) results in an equal probability that any employee from a group of employees subject to these selection mechanism will be selected and (2) does not give an employer discretion to waive the selection of any employee selected under the mechanism.

Reasonable suspicion – .”Reasonable suspicion” means a basis for forming a belief based on specific facts and rational inferences drawn from those facts.

Safety-sensitive position – “Safety-sensitive position” means a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person.