August 10, 2023

News Workplace Drug and Alcohol Testing

Minnesota Drug Testing Law: 10 Crucial Facts for Job Applicants

Receiving a job offer is thrilling, but when that offer hinges on passing a drug and alcohol test, it’s crucial to grasp your rights under Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA). Let’s explore ten essential facts every job applicant should know about Minnesota’s drug testing law.

• 1. Conditional Offers Only: Employers can request a drug test only after making a conditional offer of employment. You must have the job before the test comes into play.
• 2. Consistent Testing: All applicants competing for the same position must undergo the same test. Fairness and consistency matter.
• 3. Written Policies Matter: A written drug and alcohol testing policy, aligned with Minnesota law, is a must for employers. You should receive a copy before the test, and this policy must be prominently displayed at the workplace.
• 4. Disclose Medications: You have the right to disclose any medications affecting test results, both before and after the test. If you are registered to use medical cannabis, you should present proof of your participation in the registry.
• 5. Qualified Testing Facilities: The testing must occur at a qualified laboratory, following Minnesota Department of Health regulations. Employers can’t operate the testing facility.
• 6. Second Chances: If the initial test is positive, you’re entitled to a second (confirmatory) test before the job offer can be revoked. The employer must provide written notice of this right and allow you to explain the positive result.
• 7. Request a Third Test: If both the initial and confirmatory tests are positive, you can request a third test within 5 days, but you’ll bear the expense. You can also provide additional information to explain the positive results.
• 8. Cost Coverage: The employer covers the costs of the initial and confirmatory tests. However, if a third test is requested and conducted on the same sample, you’re responsible for the cost.
• 9. Knowing the Results: Within 3 days of receiving the test results, the employer must inform you in writing about the results and your rights under DATWA. You can also request a copy of the drug or alcohol test from the employer.
• 10. Offer Withdrawal Rules: If the job offer is withdrawn due to a positive test, the employer must inform you of the reason within 10 days of the final decision. However, an initial positive test alone, without verification by a confirmatory test, cannot be the sole basis for withdrawing the offer.

Understanding these ten critical points empowers you as a job applicant in Minnesota. In case you suspect a violation of your rights under DATWA, seeking legal advice promptly is essential to protect your interests and ensure fair treatment in the workplace.

Remember, knowledge is your best defense when navigating Minnesota’s drug testing law. For further insights or if you believe your rights have been violated, our seasoned employment law team is at your service. Contact us today for a free consultation.