Since August 1, 2023, Minnesota has enacted significant changes to its drug testing policies, providing both challenges and opportunities for employers. These updates include adjustments related to lawful consumables with the legalization of recreational cannabis (THC), the introduction of oral fluid testing, and new compliance requirements.
As an attorney-led, compliant staffing firm, Dahl Consulting (DAHL) knows just how important compliance with employment law is for companies to protect their reputations and avoid penalties. In this article, you’ll learn more about the essential drug testing law changes for Minnesota employers and compliance best practices to help you navigate these updates effectively.
What does drug testing in Minnesota entail?
Drug testing in Minnesota, as in many states, involves screening applicants or employees for the presence of illegal or restricted substances, including THC, alcohol, and other drugs. Employers typically conduct drug testing for reasons such as pre-employment screening, random testing, post-accident investigation, or reasonable suspicion of drug use.
While federal law requires drug testing for certain industries, Minnesota employers may drug test applicants but only after they have received a formal job offer and written notice of the testing policy.
After an employee has been hired, Minnesota employers are not required to drug test, but may do so if there is reasonable suspicion that an employee is under the influence of drugs, cannabis or alcohol, if the drug/alcohol policy has been violated, or if there has been an accident at work, including instances where employee(s) were injured. Employers may also conduct random drug testing for employees in safety-sensitive positions.
What is oral fluid testing?
Oral fluid testing, commonly known as saliva testing, is a method used to detect the presence of drugs and alcohol in an individual’s system. This form of testing is considered less invasive than urine tests and can be conducted more quickly, making it an increasingly popular alternative for employers.
Oral fluid testing is also more convenient because sample collection can be supervised from start to finish, and it is much less likely to result in adulteration. According to ThermoFisher Scientific, oral fluid testing is effective for detecting recent drug use, typically within 48 hours, and can detect THC use as soon as 30 minutes after consumption. This is particularly useful for substances like THC, which can remain in urine for weeks following use. Additionally, oral fluid tests can often differentiate between various drug classes, minimizing the likelihood of false negatives.
When is oral fluid testing permitted?
Effective August 1, 2024, Minnesota employers can use oral fluid testing as an option for drug, alcohol, and cannabis (THC) testing. Employers now have the flexibility to choose between oral fluid and urine testing when conducting screenings, depending on their needs and preferences.
What changes have occurred with lawful consumables?
In alignment with the Minnesota Lawful Consumable Products Statute, which allows recreational cannabis (THC) use outside of the workplace, employers are now required to consider how this change impacts their drug testing policies. As of August 1, 2023, individuals in Minnesota are legally permitted to consume cannabis recreationally outside of working hours, yet employers retain the right to implement drug-free workplace policies and enforce testing protocols.
How do the changes impact the recreational use of cannabis (THC)?
Under the new legislation, employees are allowed to use THC recreationally outside of working hours without the risk of legal repercussions. However, employers are still permitted to enforce drug testing policies, including testing for THC during work hours or when there is reasonable suspicion of impairment. This means that while employees can legally consume cannabis outside of work, they must remain aware that testing positive during working hours could still result in disciplinary actions.
What do employers need to do to be compliant with Minnesota drug testing policies?
Employers must diligently follow the drug testing requirements to remain compliant with Minnesota’s policies. One key compliance obligation is the provision of confirmatory tests. If an initial test results in a positive outcome, employers are required to offer a secondary confirmatory test, adhering to established procedures to ensure accuracy.
Additionally, employees have the right to request a retest of the original test specimen, and employers must accommodate this request under the law. It’s essential that employers understand and honor this right to maintain transparency and fairness throughout the testing process. Employers are also mandated to provide test results to employees in a timely and transparent manner. This ensures that employees are kept informed of their test outcomes and can make decisions based on accurate information.
These compliance guidelines are designed to strike a balance between safeguarding employee rights and ensuring workplace safety and productivity. By adhering to these regulations, employers can maintain a drug-free environment while respecting the legal right of individuals to consume cannabis outside of work hours.
Best Practices for Ensuring Compliance with Minnesota Drug Testing Laws
To ensure full compliance with the new laws, employers should:
- Update and revise drug testing policies to reflect the use of oral fluid testing, changes to lawful consumables, and updated compliance requirements.
- Training managers and Human Resources (HR) to ensure that personnel are trained on the new laws and how to handle situations involving cannabis consumption or oral fluid testing.
- Clearly communicate with employees the new policies, emphasizing the importance of adhering to workplace drug testing standards while respecting their legal rights outside of work.
- Document testing procedures and maintain comprehensive records of all drug testing activities, including consent forms, test results, and retest requests, to ensure compliance in case of an audit or legal dispute.
By implementing these best practices, employers can ensure compliance with Minnesota’s new and existing drug testing laws while maintaining a safe and productive work environment.
Additional Resources
For additional information surrounding new drug testing laws for Minnesota employers, you may consult the most recent 2024 Minnesota Statute on Authorized Drug and Alcohol Testing or consider partnering with external legal counsel, which can help ensure compliance and keep your business up-to-date with current and upcoming employment law.
In addition to providing insights and updates on employment laws, DAHL offers employment expertise and solutions for all your workforce and hiring needs. Whether you’re searching for great talent or need a solution to manage your current workforce, connect with us today!
Looking for a handy guide? Download our Employer Compliance Best Practices for Minnesota Drug Testing today!