Dear HR Manager, As you know, we do not have a company-wide drug testing policy

Question

Dear HR Manager, As you know, we do not have a company-wide drug testing policy here at ABC, Inc. I think the time has come to change this policy to bring us in line with other companies that test employees and applicants for drug and alcohol. We have our “Safety First” and “Drug Free” policies and drug and alcohol testing fits well with our overall goals. Instead of rolling out drug and alcohol testing company-wide at all of our plants, let’s start just in Minnesota. Before we start the policy, I would like you to prepare for me a memo (bullet-point format is fine) with the important points of the Minnesota drug and alcohol testing statute. I have heard that it is a very employee friendly statute and a way that many companies unknowingly get tripped up and then sued by their employees. I want to avoid that. Here is some of the information I want you to find out:

? Who can we test? All applicants and employees? And when? At any time?

? Can we do the testing ourselves if we hire an IC (or firm) to do it?

? Can we just fire an employee who tests positive?

? What about with job applicants?

? If we do get sued, what type of damages can an employee get? Let me know anything else that you think I should know as we implement this policy. I’ve attached the Minnesota laws on drug testing, which I am sure that you have but I am sending anyway. I got them at a conference I attended last year on workplace safety. Now I know that you are well-versed in employment law, but please put this into everyday language that I can understand, not the legalese that the law is written in!

Explanation / Answer

Minnesota Statutes is a compilation of all the old and revised laws, amendments and permanent laws. These laws are printed every 2 years by the Revisor of Statutes Office.

1.Who can we test? All applicants and employees? And when? At any time?
The employer requires to maintain a written Drug and Alcohol policy and also requires an employee to sign and agree to every point written in policy, In order to submit you to a Drug test employer needs to get it signed by you.
The policy must contain an explanation about the circumstances under which test can done and also the consequences of refusal and a positive result.
The test are given no more than once a year and under the circumstances of routine test a 2 week notice must be given by employer.
The test can be done only when Job offer is made not before that. job Applicants can not be tested.

2.Can we do the testing ourselves if we hire an IC (or firm) to do it?
An employer can not own a testing lab under any circumstances, The employer can not coerce an employee to pay for the test.
The labratory should meet one of the following criteria.
1.certified by the National Institute on Drug Abuse as meeting the mandatory guidelines published at 53 Federal Register 11970 to 11989, April 11, 1988;

(2) is accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program; or

(3) is licensed to test for drugs by the state of New York, Department of Health, under Public Health Law, article 5, title V, and rules adopted under that law.

(b) For alcohol testing, the laboratory must either be:

(1) licensed to test for drugs and alcohol by the state of New York, Department of Health, under Public Health Law, article 5, title V, and the rules adopted under that law; or

(2) accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, in the laboratory accreditation program.
The labratory will maintain samples of a positive test results for at least 6 months.
The employers need to share the test reports with employee and the sample should be traceable by employee.The lab is ought to maintain written records of the sample custody with dates and time.

Can we just fire an employee who tests positive?
If the test comes out positive then an employer must give 3 working days to an employee to explain the positive outcome
The employer has to share your test results within 3 working days of receiving them. No decision can be taken based on initial screening that has not been verified by confirmatory test.
Employer can not fire an employer without giving an oppurtunity to participate in a counseling or rehabilitation program, If employee refuses to take such programme then employer has all the rights to terminate the employee immediately.

What about with job applicants?
Drug test can not be done before providing offer letter, only employees can be bound to take a drug test.

If we do get sued, what type of damages can an employee get?
The employer can not fire an employee if the test results are positive due to medication prescribed by a doctor due any physical or mental illness.
An employee can bring in the action against employer if they violate any of the suggested rules, this will further leads to hefty compensation amount decided by court. The employer may also have to pay for the reasonable attorneys’ fees.
An

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