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Minnesota - STATE LAWS

Workplace drug testing issues – State Laws – Minnesota

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

A written drug free workplace policy is required in Minnesota, see also Minnesota’s Drug and Alcohol Testing Act; AUTHORIZED DRUG AND ALCOHOL TESTING - 181.951

Workplace Drug Testing Laws in Minnesota

Instant or POCT Testing

Not permitted

Quest Diagnostics does not perform instant testing at their drug testing centers in Minnesota. LabCorp drug testing centers in Minnesota do perform instant testing. Instant testing is prohibited for all employee drug testing.

Drug Panels

No restrictions

Laboratory

Certified laboratory required

Alere, Quest and LabCorp are certified.

Medical Review Officer

Not required

Recommended to avoid exposure to liability.

Random Testing

Restricted

Safety sensitive employees only

Post-Accident

Permitted

Reasonable Suspicion

Permitted

Oral Fluids

Permitted

Hair Testing

Permitted

Unemployment Denial

Yes

Benefits are denied if the employee is terminated for intoxication at work including a positive drug test.

Workers Comp Discount

No

Intoxication Defense

Yes

No compensation if the intoxication of the employee is the proximate cause of the injury.

Medical Marijuana

Yes

To qualify for the program, the individual must suffer from cancer or a terminal illness with a probable life expectancy of under one year. Nothing in the law requires an employer to accommodate the use of marijuana in the workplace.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

181.951 AUTHORIZED DRUG AND ALCOHOL TESTING - Minnesota’s Drug and Alcohol Testing Act

Intoxication Defense – Denial of Workers Compensation Claim - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Minnesota