What Are Minnesota’s Employee Drug Testing Guidelines?
Have you ever been drug tested at work? Not to actually get the job but just told you are required to be tested after you have already been employed there.
All states have their own guidelines and law, according to nolo.com, in respect to drug testing in the workplace. Minnesota employers are not required to drug test their employees and are not allowed to drug test on an arbitrary or capricious basis. Meaning they can't just test you for the hell of it. This does not apply to job applicants, however.
Employers may only request a drug test only in accordance with a written testing policy for the company. The policy must include what the consequences are for either testing positive or refusing to take the test altogether.
If your employer has a reasonable suspicion that an employee is under the influence of drugs or marijuana, the employer may require the employee to submit to a drug test if there is a reasonable suspicion that:
- The employee seems to be under the influence of drugs or alcohol
- The employee has violated the employer's drug policy
- The employee has been involved in an accident or the employee has sustained or caused another employee to sustain a personal injury.
An employer may also request a drug test as part of a routine physical examination or if the employee is already participating in a drug rehab program. The employer cannot terminate an employee after testing positive for drugs the first time without offering counseling or rehab. If you turn those options down, you are on your own.
Random drug tests are permitted only for safety- sensitive positions and professional athletes.
Have you ever been required to take a drug test at your job?