Workplace Drug Testing Issues – Minnesota State Laws
These categories do not affect 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 three 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 its 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 | It is recommended to avoid liability exposure. |
| Random Testing | Restricted | Safety sensitive employees only. |
Intoxication Defense – Denial of Workers Compensation Claim – States vary in their willingness to allow employers to use an injured worker’s intoxication against a compensation claim. State laws’ intoxication defenses generally fall into one of three rough categories: reasons 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, and this would also include breath alcohol 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 vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.