Workplace Drug Testing Issues – Minnesota State Laws
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
Important to Note: In Minnesota employers are required to notify employees and applicants in writing of both positive and negative results within 3 days of receipt of the results from a laboratory.
Workplace Drug Testing Laws in Minnesota
| Drug Testing Issue | Status | Comments |
|---|---|---|
| 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 | Limited | Minnesota employers should only conduct post accident drug testing only when they believe the individual caused or contributed to the accident. |
| 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.
Instant or POCT drug testing is prohibited in Minnesota for workplace drug testing. This would also include breath alchohol testing in non DOT workplace situations.
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