Minnesota employment drug testing is permitted as long as the employer has a written drug/alcohol testing policy and uses a certified lab for testing. The written policy must detail the type(s) of employees or applicants that are subject to testing, the circumstances under which testing is required, the right of a subject to refuse testing or to contest a positive result, and what adverse action(s) will be implemented in the case of a positive result. An employer can require that drug/alcohol tests be performed on potential employees and to be current employees on an annual or random basis as long as their justification for requiring testing is well-reasoned.

Can Current Employees Be Tested? Yes.

Is Certified Testing Required? Yes.

Laws §181.950957

What can be Tested? Any body component sample can be demanded as a sample: breath, saliva, blood, or urine.

How to Conduct a Legal Drug Test

Step 1 – Before requesting a physical sample from an employee or job candidate, the individual must fill out and return the Drug Test Release Form to the employer.

Step 2 – Once a sample has been taken, it must be sent for testing to a certified drug/alcohol testing laboratory. A list of certified laboratories can be found on the Substance Abuse and Mental Health Association’s (SAMHSA) website. For labs which use the Electronic Custody and Control Form (ECCF) system click here.

Step 3 – Once the test has been completed, the results will be sent to the employer. Within three (days) of receiving the test result, the employer must inform the test subject of the result and of their rights. If the result is positive, the employee has the right to explain or contest the result.