181.950 DEFINITIONS. Subdivision 1. Applicability. For the purposes of sections 181.950 to 181.957, the terms and phrases defined in this section have the meanings given them. Subd. 2. Confirmatory test; confirmatory retest. “Confirmatory test” and “confirmatory retest” mean a drug or alcohol test that uses a method of analysis allowed under one of the programs […]
181.951 AUTHORIZED DRUG AND ALCOHOL TESTING. Subdivision 1. Limitations on testing. (a) An employer may not request or require an employee or job applicant to undergo drug and alcohol testing except as authorized in this section. (b) An employer may not request or require an employee or job applicant to undergo drug or alcohol testing […]
181.952 POLICY CONTENTS; PRIOR WRITTEN NOTICE. Subdivision 1. Contents of the policy. An employer’s drug and alcohol testing policy must, at a minimum, set forth the following information: (1) the employees or job applicants subject to testing under the policy; (2) the circumstances under which drug or alcohol testing may be requested or required; (3) […]
181.953 RELIABILITY AND FAIRNESS SAFEGUARDS. Subdivision 1. Use of licensed, accredited, or certified laboratory required. (a) An employer who requests or requires an employee or job applicant to undergo drug or alcohol testing shall use the services of a testing laboratory that meets one of the following criteria for drug testing: (1) is certified by […]
181.954 PRIVACY, CONFIDENTIALITY, AND PRIVILEGE SAFEGUARDS. Subdivision 1. Privacy limitations. A laboratory may only disclose to the employer test result data regarding the presence or absence of drugs, alcohol, or their metabolites in a sample tested. Subd. 2. Confidentiality limitations. Test result reports and other information acquired in the drug or alcohol testing process are, […]
181.955 CONSTRUCTION. Subdivision 1. Freedom to collectively bargain. Sections 181.950 to 181.954 shall not be construed to limit the parties to a collective bargaining agreement from bargaining and agreeing with respect to a drug and alcohol testing policy that meets or exceeds, and does not otherwise conflict with, the minimum standards and requirements for employee […]
181.956 REMEDIES. Subdivision 1. Exhaustion. An employee or collective bargaining agent may bring an action under this section only after first exhausting all applicable grievance procedures and arbitration proceeding requirements under a collective bargaining agreement; provided that, an employee’s right to bring an action under this section is not affected by a decision of a […]
181.957 FEDERAL PREEMPTION. Subdivision 1. Excluded employees and job applicants. Except as provided under subdivision 2, the employee and job applicant protections provided under sections 181.950 to 181.956 do not apply to employees and job applicants where the specific work performed requires those employees and job applicants to be subject to drug and alcohol testing […]
