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Minnesota State Drug Testing Laws

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 IssueStatusComments
Instant or POCT TestingNot permittedQuest 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 PanelsNo restrictions 
LaboratoryCertified laboratory requiredAlere, Quest, and LabCorp are certified.
Medical Review OfficerNot requiredIt is recommended to avoid liability exposure.
Random TestingRestrictedSafety sensitive employees only.
Post-AccidentLimitedMinnesota employers should only conduct post-accident drug testing when they believe the individual caused or contributed to the accident.
Reasonable SuspicionPermitted 
Oral FluidsPermitted 
Hair TestingPermitted 
Unemployment DenialYesBenefits are denied if the employee is terminated for intoxication at work, including a positive drug test.
Workers Comp DiscountNo 
Intoxication DefenseYesNo compensation if the intoxication of the employee is the proximate cause of the injury.
Medical MarijuanaYesTo qualify for the program, the individual must have 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 MarijuanaNo 
Report Driver DOT PositivesNo 
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 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.

View Individual State Law Summaries

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