Minnesota: Oral Fluid Drug Testing Is Now Permissible

By Kurt Erickson, Kerry Middleton, Alice Kirkland, Ben Sandahl, Jeremy Sosna and Susan Fitzke on June 7, 2024

Minnesota amended its Drug and Alcohol Testing in the Workplace Act to allow the use of "oral fluid testing" for drug, alcohol, and cannabis testing. This change does not expand or otherwise alter when an employer is legally allowed to test, or what they are allowed to test for; it only provides another option for how to test. This update permitting oral fluid testing is popular with employers because this testing method does not require the use of a laboratory. Testing must still be undertaken in compliance with statutory rules, however, which include a requirement that the individual tested receive the test results at the time of testing. In addition, anyone who receives a positive, inconclusive, or invalid result from an oral fluid test must be provided a laboratory test at the employer's expense, if requested by the applicant or employee within 48 hours. If the applicant or employee fails the laboratory test, they are entitled to request a second retest at their own expense.

This article was originally published on Littler Mendelson's website. Click here to read the original and full article.

© 2024 Littler Mendelson. All Rights Reserved. LITTLER MENDELSON®, ASAP®, INSIGHT® and LITTLER REPORT® are registered trademarks of Littler Mendelson, P.C.

Posted: June 12, 2024

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