Minnesota Drug Testing Laws
In Minnesota, employer testing of job applicants and employees for drugs and alcohol is governed by the Minnesota Drug and Alcohol Testing in the Workplace Act, Minn. Stat. §§ 181.950 - 181.957 ("DATWA" or the "Act").
DATWA applies to all employers that conduct drug and alcohol testing of job applicants, employees, or independent contractors in the State of Minnesota. Minn. Stat. § 181.950, subd. 7. Certain federally mandated drug and alcohol tests conducted pursuant to U.S. Department of Transportation ("DOT") regulations, however, are exempt from DATWA if performed properly. See Minn. Stat. § 221.031, subd. 10.
Although DATWA does not require any employers to conduct drug and alcohol testing, employers who wish to do so must strictly comply with the requirements of the Act. See Minn. Stat. § 181.951, subd. 7 (no legal duty to test); Minn. Stat. § 181.951, subd. 1(a) (restricting drug and alcohol testing). Thus, an employer should be familiar with this statute before conducting drug and alcohol testing or taking disciplinary action against employees for violation of the employer's policy on drugs or alcohol.
The following websites provide more information about Minnesota drug testing laws:
Minnesota Drug and Alcohol Testing in the Workplace Act
Court Dismisses Challenge to Positive Marijuana Test
For additional information about Minnesota drug testing laws, contact Minnesota employment law attorney Craig W. Trepanier.
Craig W. Trepanier, Esq.
Trepanier MacGillis Battina P.A.
8000 Flour Exchange Building
310 Fourth Avenue South
Minneapolis, MN 55415
Phone: 612-455-0502
Fax: 612-455-0501
craig@trepanierlaw.com
www.trepanierlaw.com
© 2009-2013 Trepanier MacGillis Battina P.A.
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