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Statute 65B.53 focuses on the requirements for drug testing related to workers’ compensation claims in Minnesota. It allows insurers to request drug tests when an employee is involved in a work-related injury. This statute is essential for employers who want to protect their interests while ensuring fair treatment for employees under the Minnesota Agreement for Drug Testing with Drug Testing Service.
An employer may request or require a job applicant to undergo drug and alcohol testing provided a job offer has been made to the applicant and the same test is requested or required of all job applicants conditionally offered employment for that position.
If the drug test was part of a job application, then failing the drug screening usually means you will not get the job. If the drug test was required for continued employment, you may lose it. Note, however, that In Minnesota, it is illegal to fire someone for a first failed drug test.
Drug Testing for Minnesota EmployeesMinnesota employers are not required to drug test employees, and they may not test on an arbitrary or capricious basis. Employers may require testing only according to a written testing policy, which must set forth the consequences of testing positive or refusing to take a test.
Pre-Employment Drug and Alcohol Testing PolicyEstablishes policy, roles and responsibilities for conducting pre-employment drug & alcohol tests on prospective employees. Abuse of drugs and alcohol is a nationwide problem. It affects persons of every age, race, sex and ethnic group.
7.No legal duty to test. Employers do not have a legal duty to request or require an employee or job applicant to undergo drug or alcohol testing as authorized in this section.
An employer may require an employee to submit to a drug and alcohol test as part of a routine physical exam once per year. However, the employee must receive at least two weeks' notice prior to the test. require an employee to test if the employee is in a safety-sensitive position.
Can your employer randomly test you? Yes, random drug or alcohol testing is often implemented in an attempt to deter employees from misusing these substances. These tests must be genuinely random, it is potentially discriminatory to target an individual or group of employees for testing.
A drug screening consortium is an association of companies or groups of employers that join together, as a single entity, for the purpose of Department of Transportation (DOT) drug and alcohol testing of its members. The member companies add their employees to a combined random testing pool.
Under Minnesota statute section 181.953, a worker who tests positive for drugs in an initial screening cannot be fired, disciplined, discriminated against or be required to undergo rehabilitation. An initial test must be verified by a confirmatory test.